Unrest, Conflict and healing a study with special reference to the ‘Adhikaranasamatha’ of the Theravada Sangha. Bhikkhu Sumanapal

Abstract:

             [Our modern society is driven by a culture of materialism while the whole human life is in a state of turmoil. The selfish and egocentric behaviuor of the people is destroying the environments, generating poverty and widening the gap between individuals corrupting the society and fomenting wars threatening the human life as well. Desires, hatred and ignorance are the root causes of conflict, intolerance and disharmony in the society at large.

    The Lord Buddha’s prescription for pacifying the above issues in the Sangha is Patimokkha of Vinayapitaka of which Adhikaranasamatha-the Settlement of legal process is an important and necessary step for the effective peaceful running influences on society that made great contributions to social environment for peace and justice.

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The object of the paper is to explore how Buddhist teachings of Vinaya contribute to cultivate ethics to achieve inner peace-the utmost necessity for building a happy-ideal and harmonious society.]

Our modern society is driven by a culture of materialism while the whole human life is in a state of turmoil. The selfish and egocentric behaviuor of the man is destroying the environments, generating poverty and widening the gap between individuals, corrupting the society and to fomenting wars, threatening the human life as well. Desires (kama), hatred and ignorance (avijja), are the root causes of conflict, intolerance and disharmony in the society at large. Of Patimokkha, code of Buddhist monastic disciplinary rules governing the daily conduct and decorum of monks – was established by Buddha, the data and history of Adhikaranasamatha in Vinaya of Tripitaka occupies prominent position among the law books in ancient India-it furnishes  invaluable data for framing a magnificent picture of the economic and social condition during the Buddha era. The rules maintained peace and unity in the Sangha with legally governing the actions of Bhikkhus and Nuns and all these are involved in historical, cultural, religious and social issues in ancient India

The Lord Buddha’s prescription for pacifying the above issues in the Sangha is collected in the Adhikaranasamatha¹ viz., the Settlement of legal process’s an important and necessary step for the effective peaceful running influences on the Buddhist fraternity vis-à-vis Buddhist community, an integral part of greater society that made great contributions to social environment for peace and justice.

From the 3^rd century onwards after the Buddha’s Mahaparinibbana² Buddhist monasteries became centre of learning with student from all parts of Asia. The internal polity of a Buddhist Sangha throws side-light on the ideas of law of legal procedure in ancient India.

Dhamma (Buddha’s Teaching) and Vinaya (Monastic discipline) have flourished long because there are rules and order for controlling Sangha. A community without principles for discipline cannot last long and therefore Sattha ³set forth rules (227 training rules) collectivity called Patimokkha⁴-which should be recited in the Sangha-assembly upon the Uposatha⁵-day of every lunar fortnight.⁶   

The term ‘Adhikarana-samatha’ echoes the name of either training rules or Dhammas meaning ‘Subding the Adhikarana’ –comprise seven rules. Things which occur and should be dealt with are called ‘Adhikarana’ (or legal processes). They are classified into four categories;

(i)                Vivada-dhikaranavivada⁷ or contentions i.e. disputer contention concerning Dhamma and Vinaya and a judgment should be in relation to 18 topics – just or unjust, Vinaya or Avinaya, Bhasitam or Abhasitam, practiced or not, laid down by Buddha or not, ecclesiastical offence or not, grievous or light offence, Parajika or non-Parajika, Parajika or Sanghadisesa or others.[At an avasa in Vesali, some Bhikkhus invite layman to offer money to the Sangha: Yasa says that it is against Dhamma this is a Vivadadhikarana which must be formally brought before the Sangha…]

(ii)             Anuvadadhikarana⁸ or accusations a legal question or case arising out of censure or the accusation of Apatti and judgment should be given as to whether it is true or false. It may occur when a monk has fallen away from the moral habits, good, habit, right view, right-livelihood etc. [At an avasa in Vesali, some Bhikkhus allege that Yasa has propounded a false doctrine to layman -this is a Anuvadadhikarana, which must be formally brought before the Sangha]

(iii)           Apattadhikarana⁹ or faults a case arising out of offence. The manner of falling into Apatti or the Apatti awarded, and this should be cleared up; i.e. for release from the penalty; and the offence are ecclesiastical offence of Parajika, Sanghadisesa, Pacittiya and Dukkata. [At an avasa in Rajgaha, a Bhikkhunis named Mattiya complains that Dabba has committed the sixth Pacittiya offence against her –this is an Apattadhikarana, which must be formally brought before the Sangha…]

(iv)            Kiccadhikarana¹⁰ or duties it arises out of obligation, the duty which should be undertaken by the Sangha, such as given Upasampada etc. any formal act-should be completely carried out. [At an avasa, X alleges that a certain Sanghakamma has not been attended with the necessary condition, e.g., the minimum number was not made up-this is a Kiccadhikarana, which must be formally brought before the Sangha.]

 Four Adhikaranas arising out of dispute, censure, offence and obligation (Vivadadhikarana, Anuvadadhikarana, Apattadhikarana and Kiccadhikarana) are settled or disposed by seven rules; Sammukhavinaya or verdict should be given in presence of individual concerned ,the full assembly Vinaya and Dhamma-this fourfold presence applies to all Adhikaranas; Sativinaya-a verdict of mindfulness to the innocent, Amulhavinaya-a verdict of past insanity (should be given) Patinnatakarana-acting on confession of guilt, Yebhuyyasika-the judgment by majority, Tassa-Papiyyasika-acting in accordance with the accuser’s further misconduct, refers to admitting an offence only after formal interrogation and Tina-vattharaka-the covering with grass, i.e. the manner of reconciling both parties without proceeding to investigate the dispute. Today for present society these rules may be gainfully applied for peace, happiness and harmony. The Buddhist fraternity has been zealously scrupulous in the observance of the rules.  Laid down, the Theravada countries cannot even dream of deviating from those code of conduct.    

Gautama the Buddha set forth seven rules for the settlements of disposal of legal process (Samatha) are called Adhikaranasamatha, i.e. the settlement (Samatha) can be done in 7 ways which are as follows:

1.      Sammukhavinaya¹¹-the process to be done in the presence of the Sangha or full assembly of Bhikkhus, in the presence of the particular individuals concerned, in the presence of vatthu- i.e., the subject matter is raised for the judgment, and in the presence of Dhamma-vinaya which means the application of the law relating to the particular case and the observance of the proper rules of procedure. Actually these fourfold presence is required to all four Adhikaranas.

2.      Sativinaya¹²-the procedure setting up mindfulness as the main point that is the manner in which Sangha sets forth a motion announcing that an Arahat is a fully mindful person for the settlement of Anuvadadhikarana, there being an accusation against him regarding breaking of Sila. Here a verdict of mindfulness to the innocent party should be given.

3.      Amulhavinaya¹³-by this rule a verdict ‘of past insanity’ of the innocent party should be given. It is the procedure dealing with the Bhikkhu who has recovered from insanity, i.e., the manner in which the Sangha set forth a motion announcing a person who is no longer insane for the settlement of Anuvadadhikarana, there having been accusation about training rules broken by him while he was insane. Now Amulhavinaya transfers to Mulhavinaya where procedure is given to one who is insane, which has a better meaning.

4.      Patinnatakarana¹⁴-acting according to ‘What has been admitted’ that is, the Apatti is given according the admission of the accused who admits truthfully what he has done. To confess Apatti to others is held to be ‘doing Patinna, (admission) and is referred for extrication.

5.      Yebhuyyasika¹⁵-the judgment made according to the words of majority. This process is used when the opinions should be taken.

6.      Tassa-papiyasika¹⁶-the act of giving a penalty to one who has committed a fault and enquiring into the nature for the obstinate should be done. It is acting in accordance with the accused further misconduct and refers to admitting an offence only after formal interrogation, and this is manner of giving a penalty to one who has done wrong even though he does not accept (his own guilt) truthfully, but testimony proves that he is guilty.

7.      Tina-vattharaka¹⁷- The covering over with the grass, the manner of reconciling both parties without proceeding to investigate the dispute. This procedure should be used in definite and important case which affects all the people concerned. This various form of disposal or Samatha is the purpose of avoiding multicity of trails. During the sitting of the judicial assembly, quarrels and disputes took place among the assembled Bhikkhus with the result that numerous grounds of the complaint sprang up. It would be obviously inconvenient, if not impossible, to take action on each and all of them. Under such circumstances the Tina-vattharaka form was adopted. ‘Covering up’ or ‘Covering over with grass’, refers to both disputant agreeing to ‘Cover up’, let go and forget their accusations. This is the legal procedure to be followed in the case of ‘schism’ in the Sangha, such as the case of the schism by the Bhikkhus of Kosambi, and so forth. Tina-vattharaka is anomalous Sanghakamma.

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Among the seven rules of Adhikaranasamatha, Sammukhavinaya can settle every kind of Adhikarana, Sativinaya, Amulha-vinaya, and Tassa-Papiyasika can settle only Anuvadadhikarana. Yebhuyyasika is used to settle Vivadadhikarana. Patinnatakarana and Tina-vattharaka can settle only Apattadhikarana and these are all Adhikaranasamatha.

Patimokkha or disciplinary rules collectively can be compared with a threat linking followers together and preventing the scattering of those followers. We have the words of the exalted Buddha: “And even, O Bhikkhus, as the great ocean is stable and does not  overflow its bounds, even so, O Bhikkhus, Whiter training-rule has been laid down by me for Savaka or hearkeners, they will not transgress it even for life’s sake……….”

Notes and References:

1.      Adhikarana Samathesu adhikaranani samenti bupasamenteti adhikaranasamatha. Adhikarana “a legal question” or case arising out of a “dispute” or  “sensure” or  “offence” or  “obligation” according to the Pali English Dictionary Adhikarana means [Adhiyuktakarana], attendance supervision management of affairs, administration etc., Davids, Rhys, T.W. and Stede William., Pali English Dictionary, New Delhi, Oriental Print, 1975, p. 27.

2.      Pujaniya bhabato Buddha sampadanca pahaya pabatattha mahantanca tam parinibbanacati mahaparinibbanam. Mahato lokato nissatam parinibbananti’pi mahaparinibbanam. Sabba lokasadharananta Buddhanam siladigunehi mahato Buddhassa bhagavato parinibbananti’pi mahaparinibbanam. Kamble, Sabita, Pali bhashyakosh, New Dehli, Samyak Prakashan, 2010. P. 271. The Buddha passed away, on his 80^th year of Birth, Vesaka Full Moon days, B.C.-53 exactly 2545 years ago, proving all component things are in permanent, unsatisfactory and sole less. The Buddhist era begins from the day of the passing away (Mahaparinibbana) of the Buddha. Thera, Kotawila Sri Pemaloka., The Buddha His life and Historical survey of Early Buddhism, Buddhist and Pali College, Singapore, 2002, pp. 205-210.

3.      Tattha dittha dhammikasamparaparamatthehi yathaharam Satte anusasateti Sattha dittha-dhammika samparaparamatthehi yathaharam annusasati nittharehi cati Sattha. Tividhayanamukhena vimutti dhammam yathahavamanusasatiti sattha. Hitupadesadivasena panipaletabbo Sasitabbo so etassa atthoti sattha, satthavaho. Kamble, Sabita, Pali bhashoyakosh, New Dehli, Samyak Prakashan, 2010, pp. 328-329.

4.      Patimokkha is a collection of various monastic rules as contained in the Vinaya Pitaka. In the Mahavagga of the Vinaya pitaka, word Patimokkha is explained thus; Adimetam mukhametam pamukhametam kusalanam dhammanam, i.e. it is the beginning, it is the “face”, it is supreme of all the “good”. Similarly in the kv. the meaning of the term is explained as: Patimokkham atipamokkham, atisettham, atiuttamam iti attho. This word has been used in the sense of “strict observance of the Silas”, For instance, “Patimokkha samvara samibuta viharati”, refers to one which leading a life of strict observence of the Silas. Majjimanikaya, Vol. I, p. 47; Vol.III, p. 62; Bibhanga Pali, p. 294. See also, Upasatha, C. S., Dictionary of Early Buddhist Monastic terms, based on Pali Literature, Nalanda, Nava Nalanda Mahavihar, 2001, p. 152.

5.      Uposatha kammanti uposatha divase samadiyitva samacaritabbam pumnakammam uposatho sahacarananmayena. Siladitthivasena upetehi samaggehi vasiyati na utthiyatiti uposatho. Tatta pamokkhohese upavasanam uposatho buttanayena upavasanti etthati uposatha divaso. Kamble, Sabita., Pali bhashyakosh, New Dehli, Samyak Prakashan, 2010, pp. 94-95. Uposatha [Vedic upavasatha, the eve of the Some sacrifice, day of preparation] At the lime of rise of Buddhism the word had come do mean the day preceding four stages of the moons waking and waking, viz., 1^st, 8^th, 15^th, 23^rd nights of the luner  month that is to say, weekly sacred day, Asabbata. The Buddhist adapted this practice and on the 15^th day of the half month held the chapter of the order to sound their Dhammas. Davids, Rhys., T.W. and Stede, William., Pali English Dictionary, New Dehli, Oriental Print, 1975, pp. 150-151. The Buddha has laid down that the Uposatha days should be utilized by the Sangha for sounding the Dhamma and also for the recitation of the Patimokkha in the reckoning of the days is not done by the month but by the Pakkha (Fore night) and also the four months of a season (The season are three- The Hemanta, the Gimhana and the Vassana) would have and pakkhas, for holding the Upostha. Thus the third and the 7^th pakkhas of a season are catuddhasi,  While the others the 1^st, 2^nd , 4^th, 5^th, 6^th and 8^th Pakkhas have the pannarasi Uposatah. Upasak , C.S., Dictionary of Early Buddhist Monastic Terms, Based on Pali Literature, Nalanda, Nava Nalanda Mahavihar, 2001, p. 53.

6.      Uposatha: i) Silena upeto hutva vasanam uposatho ko so? Patimokkho Uddesa, ii) Upecca vanitabbo, samvanitabbo etenativa  uposatho, iii) Somaggam upagantva vasanti bhikktum etenati uposatho.

7.      The following clarification and description of the Adhikaranas are based on the cullavagga  iv. 14. The following summary is given by Buddhaghosh in the kankhavitarani –vivadhikarana-Adhikarnanesu tava dhammoti va adhammoti va attarasadi vatthu hi vivadantanam bhikkhunam jo vivado idam vivadhdhikaranam nama. Hazra, kanai Lal., Constitution of the Buddhist Sangah, New Delhi, B. R. Publishing Corporation, 1988, p 108.

8.      Anuvadadhikarana- Silavipattiyia va acaraditthi- Ajiva-vipattiya va anuvadantanam jo anuvado upavadana ceva codana ca idam anuvadadhikarana nama. Ibid.,

9.      Apattadhikarana-Matikaya a gata panca vibhange dveti sattapi apattikkhanda apattadhikaranam nama. Ibid.,

10.  Kiccadhikaranam nama- Yam Sanghassa apalokanadinam catunnam kammanam  karanam idam kiccadhikaranam nama. Ibid.,

11.   Adhikaranassa sammukha vinayato sammukhavinayo. Sammukha-vinayo A kind of ‘procedure’ of the Settlement of a ‘dispute’ or ‘case’. Their procedure requires the ‘presence’ of four conditions for arriving at a settlement. These are: (i) Sangha-sammukhata, (ii) Dhamma-sammukhata, (iii) Vinaya-sammukhata, (iv) Puggala-sammukhata, Upasak, C. S., Dictionary of early Buddhist Monastic Terms (Based of Pali Literature), Nalanda, Nava-Nalanda Mahavihar, 2001, p. 227.

12.  Dabbamallaputtattherasadisana Sativepullappattassa khinasavasseva databbo vinayo sativinayo, Kamble, Sabita. Op. cit. p. 326. The Sangha approves of it by holding a Natticatuttha-kamma. Thus, when so formally approved by the sangha no accusation against him can stand. (Ayani pana Sativinayo khinasavasseva databbo, na ann asa antamaso anagamino, Dinne pana Sativinaye puna tasmin puggale kassaci anuvado na ruhati. Upasak, C. S., op. cit. pp. 214-215.

13.  Amulhavinaya- semmulhassa gaggabhikkhusadisassa ummattakassa databbo vinaya Amulhavinayo. Kankhavitasoni- Abhinavatika, Vipassani research institute, Igatpuri, p. 410.

14.  Patinnatena kasanabhutena karanam patinnatakananam. Atha va patinnate apannbhavadike kasanam kiriya, “ayatim” samvariyyasi” ti Parivasadavadivasena ca pavattam vacikammam patinnatakasanam, Ibid.,

15.  Yassa kiriyaya dhammavadino bahutara, esa yebhuyyasika nama. Ibid.,

16.  Yo Papussannaya papiyo, pugglo, tassa upavalhaphikkhnsadisassa kathabbato tassapapiyasika, tivnecati. Ibid.,

17.  Tinavattharakasadisatta tinavattharako, cf. yatha hi gutham va muttam va ghattiyamaram duggandhataya badhati, tinehi avattharitva supaticcahaditassa panassa so gandho na badhati. Evameva yam adhikaranam mulanumulam gantva vupasamiyam a nam kakkhalattaya balattaya bhedaya samvattati. Tom imina Kammena Vupasantam gutam viya tinavattharakena paticchannam suvupassantam hoteto. Idam kammam tinavatthasakasadisatta tina vattharako ti vuccati. Ibid.,

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