Monday, 28 March 2011

Disciplinary Acts (Vinayakamma) and Their Legal Characteristics


There are numerous disciplinary acts and activities that are for good administration, purity and co-existence of the order. µAnatta and åbhAna disciplinary acts become fulfilled only if they agree only with the Buddha’s order. Their legal significance highlighted by properly following the order of the Buddha. Among the Buddhist disciplinary activities those related to the punishment display legal a characteristics more comparatively. 

According to Buddhism that the punishment is not something that gives pain to wrong doer but it is for the rehabilitation of the wrong doer. The †ajjanIyakamma has been enumerated in the Kammakhandha of the µahAvaggapAli as follows.

The two monks PaNDika and Lohitaka quarrel with each other and they criticized each other in the community. In this case the Buddha summoned the community and having into the matter righteously and introduced the following way of doing †ajjanIyakamma on the those two monks.

PaThamaM PaNDuka Lohitaka bhikkhU codetabbA sAvetvA Apatti ArocetabbA. åpattiM Aro petvA vyattena paTibalena bhikkhUnA sngho JApetabbA

=First the two monks should be accused with the accusation. Then the misbehaviour should re-corrected, having re-corrected the mistakes it should be express again. Having expressed the mistake again the community should be informed by a monk erudite and skilful.

The given order reflects the KiccAdikaraNa with reference to a certain mistake. Evan in the modern low having taken the accused in front of the judge his mistake should be announced according to the law as pronounced in such a way that both the cord and the accused hear it clearly. The community does it in the following.

ßunAtu me bhante saGgho, yadi saGghassa pattakallaM saGgho PaNDuka ¬ohitakAnM bhikkhUnaM tajjanIyakammaM kareyya esA Jatti [Jatti means an announcement legal value]

=Venerable sir, let the community listen to me, if the proper time is come for the community, the community would tajjanAyakamma to the monks PaNDuka and Lohitaka. This is an announcement.

After the announcement of the disciplinary acts, is approved in the community by reiterating for three times. It also informed that the community to be silent. If it is agreed and said nothing it is understood the saliency of the community till the four times. Then it is taken as the agreement to perform the act.

There are eleven factors (11) to be completed for an act to be a dhammakamma when a monk is accused and given punishment according to discipline, and also be vinayakamma it is to be settled down well. The eleven factors are as follows.

1.  ßammukhA kataM hoti – the accusation should be presented in face of the community the accused, the true misbehaviour and a settlement according to vinaya.
2.  PaTipuccha kataM hoti – accusation should be done after questioning
3.  PaTiJJAya kataM hoti – the ecclesiastical act should be done having taken the agreement to have done the mistake.
4.   ĀpattiyA kataM hoti – the ecclesiastical act should done on a clearly state mistake.
5.  ∂esanAgAmaniyA ApattiyA kataM hoti – the ecclesiastical act should dine on a mistake to be purified be confession.
6.  ådesitAyA ApattiyA kataM hoti – the ecclesiastical act should be done on a mistake which not purified by repenting.
7.  ∂hammena kataM hoti – the ecclesiastical act should be done righteously.
8.  ßamaggena kataM hoti – the ecclesiastical act should be done peacefully.
9.  CodetvA katam hoti – the ecclesiastical act should be done having accused.
10. ßAvetvA katam hoti – having collected the ecclesiastical act should be done.
11. ĀpattiM AropetvA kataM hoti – the ecclesiastical act should be done having made the mistake and accepted. 

The above facts show that proper function of ecclesiastical act is viewed from different view points. There is any place left for ecclesiastical act to be place in an unrighteous way. Therefore the judgment is always assured. The following nine factors are given as the reasons which make a monk accused for the tajjanIyakamma to be done.

1.  BhaNDaNakArako hoti kalahakArako, vivAdakArako, bhassakArako, saGghAdhikaraNakArako the monk is a queral maker, rivalry, dispute maker, blames other and causes disciplinary problem to the sangha.
2.  BAlo hoti avyatto Apattibahulo the monk is the person non-establishing himself in right action, non-erudite and full of misbehaviour.
3.  ©ihI samsaTTho viharati ananulomikehi gihI samsaggehi lives with the laity with unsuitable association
4.  ådhisIle sIlavipanno hoti the monk has violated the higher morality
5.  åjjhAcAre AcAravipanno hoti the has violated the mode of noble behaviour.
6.  åtidiTThiya diTThiavipanno hoti the violated in establishing right view.
7.  Budhassa avaNNaM bhAsati the criticizes the Buddha
8.  ∂hammassa avaNNaM bhAsati he criticizes the doctrine
9.  ßaGghassa avaNNaM bhAsati he criticizes the community

The monk who has the above mentioned qualities is suitable to be done with tajjanIkamma. Once he faces it he becomes normal through good behaviour. The good behaviour of him is reflected in following ways.
1.  ña upsampAdetabbo he should not higher ordained others.
2.  ña nissayodAtabbo he should not intimate guidance
3.  ña sAmaNero upsTThapetabbo he should keep a samanera for attendance.
4.  ña bhikkhUnI vAdako sammati sAditabbo he should not to advise nuns
5.  ßammatenpi bhikkhunIyo ovAditabbo he should not nuns even by previous agreement.
6.  YAya ApattiyA saGghena tajjanIyakammaM kataM hoti sA Apatti na Apajjitabbo he should to the offence by which the tajjaniyakamma has done on him.
7.  åJJA vA tAdisakA …- he should not come to another similar offence.
8.  †ato vA pApiTThatarA - he should not come to a more serious offence.
9.  KammaM na garahitabbaM – he should not insults the ecclesiastical act.
10. ∂hammikA na garahitabbA – he should not insults the doer of ecclesiastical act.
11. ña pakata tassa bhikkhuno uposatho ThApetabbo – he should not follow the normal observances.
12. ña pavANA ThApetabbA – he should follow the normal concluding
13. ña savacnIyaM kAtabbaM – he should not used disrespectful word
14. ña anuvAdo ThApetabbo he should agree to hold the higher position
15. ña okAso karetabbo he should not make room for another offence
16. ña codetabbo he should not accuse another monk with his offence
17. ñasAvetabbo he should recollect the offence of another
18. ña bhikkhUhi sampayojetabbaM he should not quarrel with others

The monk who lives above mentioned eighteen ways can set free from tajjaniyakamma. The removal is again done by announcing it for four times in the gathering of community. This from this it is evident that the function of ecclesiastical act is organized in such a way that it does not deprive the cause from his fundamental right, in a way he is rehabilitated and ensures the well being of community properly. Inmost cases the individual rights are never left un-regarded for the sake of the community. The ecclesiastical acts are functioning for protection and well being both the individual and community. Ina case it does not happen the individual is dropped from the community.

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