滅諍


CHAPTER ELEVEN 第十一章
Adhikaraṇa-samatha 滅諍
This term means “the settling of issues.” The seven rules in this section are actually principles and procedures for settling the four sorts of issues mentioned under Pc 63: dispute-issues (vivādādhikaraṇa), accusation-issues (anuvādādhikaraṇa), offense-issues (āpattādhikaraṇa), and duty-issues (kiccādhikaraṇa). The Canon’s explanations of these procedures are given not in the Vibhaṅga but in Cullavagga IV, which starts with a sketch of the procedures, followed by a detailed discussion of how to apply them to each of the four types of issues. We will follow the same mode of presentation here. 此術語意為「解決爭議」。本節的七條戒條其實是解決《波逸提》六三所提及的四種爭議的原則和程序:言諍(vivādādhikaraṇa)、教誡諍/覓諍(anuvādādhikaraṇa)、犯罪諍/犯諍(āpattādhikaraṇa)和事諍(kiccādhikaraṇa)。《聖典》並非在《經分別》對這些程序的給予解釋,而是在《小品》.四。該卷首先概述了這些程序,然後詳細討論如何將它們應用於四種爭議的每一種。我們將在此沿用同樣的闡述方式。
For the settling, the resolution of issues that arise: 為了解決出現的爭議:
1
A face-to-face verdict should be given.
應該當面判決。
This means that the transaction settling the issue must be carried out face-to-face with the Community, face-to-face with the individuals, and face-to-face with the Dhamma and Vinaya. 這意指解決爭議/諍論的羯磨必須與僧團面對面、與個人面對面、與法和律面對面執行。
Face-to-face with the Community means that the group of bhikkhus that has gathered is competent to carry out the transaction in question. In other words, it contains the minimum number of bhikkhus required, all the qualified bhikkhus in the valid territory (sīmā) in which the meeting is held either are present or have sent their consent, and none of the qualified bhikkhus in the meeting makes protest against having the matter settled by the group—although as we noticed under Pc 80, if a transaction is being carried out against a bhikkhu, his protest does not invalidate the act; any protest made by any other member of the group, though, would invalidate it, even if he only informs the bhikkhu sitting next to him (Mv.IX.4.8). 與僧團面對面意指聚集的比丘團體有資格執行相關羯磨。換言之,其包含的比丘人數達到最低要求,在會議舉行的界場(sīmā)內所有符合資格的比丘都已到場或已送來他們的同意,且會議中沒有任何符合資格的比丘抗議由團體解決此事——儘管如我們在《波逸提》八十中所注意到,如果羯磨是針對某位比丘執行的,他的抗議並不會使該羯磨無效;然而,任何團體裡其他成員的抗議都會使該羯磨無效,即使他只是告知坐在他旁邊的比丘(《大品》.九.4.8)。
Face-to-face with the individuals means that all the individuals involved in the matter are present. For instance, in a dispute-issue, both sides of the dispute must be in the meeting; when the Community is carrying out a transaction against one of its members, the accused must be there; in an ordination, the bhikkhu-to-be must be present. There are a few cases where this factor is not followed—such as the ordination of a bhikkhunī by messenger and the act of turning the bowl upside down (refusing to accept donations from a lay person who has mistreated the Community)—but these are rare. 與個人面對面意指事件相關的所有個人都必須在場。例如,在處理言諍時,諍論雙方都必須出席;當僧團對成員之一執行羯磨時,被指控者必須在場;在受具足戒儀式上,即將受戒的比丘必須在場。有少數情況下,這項因素並未被遵守——例如由信使為比丘尼受具足戒,以及覆缽(拒絕接受不當對待僧團的在家人供養)——但這些情況非常罕見。
Face-to-face with the Dhamma and Vinaya means that all the proper procedures laid down in the Vinaya are followed (see BMC2, Part II), and that bhikkhus who advocate what is not truly Dhamma or Vinaya are not holding sway over the group. 與法與律面對面意指遵循律藏中規定的所有適當程序(參見《佛教比丘戒律 第二冊》第二部份),並且提倡非真正法或律的比丘不會對團體產生影響。
2
A verdict of mindfulness may be given.
可給予正念判決。
This is the verdict of innocence given in response to an accusation, based on the fact that the accused remembers fully that he did not commit the offense in question. 這是針對指控的無罪判決,依據事實是被指控者完全記得他沒有犯下所指控的罪行。
This verdict is valid only if— 只有在以下情況下,該判決才有效—
1) The bhikkhu is pure and without offense.
1)該比丘清淨無罪。
2) He is accused of an offense.
2)他被指控犯有罪行。
3) He asks for the verdict.
3)他要求判決。
4) The Community gives him the verdict.
4)僧團給予他判決。
5) It is in accordance with the Dhamma, the assembly of bhikkhus being united and competent to give it (Cv.IV.4.11).
5)這是符合法的,比丘集眾和合,有能力給予之(《小品》.四.4.11)。
According to the Commentary, factor (1) here—the bhikkhu is pure and without offense—applies only to arahants, but the Canon makes no mention of this point. There are other places in the Khandhakas where the phrase “pure and without offense” is used to refer to any bhikkhu who has not committed the offense of which he is accused (e.g., Mv.IX.1.7; Mv.IX.4.9), with nothing to indicate that he would have to be an arahant as well. If the Commentary’s interpretation were correct here, there would be no way that a bhikkhu in his right mind who is not an arahant could be declared innocent of an offense at all, for the only three verdicts that may settle an accusation-issue are this one, the verdict of past insanity (for a bhikkhu who was insane when he committed the offense in question), and the transaction for further punishment (literally, “making it worse for him,”) for a bhikkhu who committed the offense in question when he was in his right mind. The fourth rule below—acting in accordance with what is admitted—which is sometimes assumed to cover cases of innocence, actually applies only to cases where the bhikkhu admits to having committed an offense, and not to cases where he is innocent and asserts his innocence. 根據《義註》,此處的因素(1)——比丘清淨無罪——僅適用於阿羅漢,但《聖典》中並未提及這一點。在《犍度》的其他篇章中,「清淨無罪」一詞被用來指稱任何未犯下被指控罪行的比丘(例如,《大品》.九.1.7《大品》.九.4.9),而沒有任何跡象表明他也必須是阿羅漢。如果《義註》的解釋在此正確,那麼一位神智健全但未證得阿羅漢的比丘就不可能被宣告無罪,因為只有三種判決可以解決教誡諍/覓諍:一是此判決;二是不癡判決(適用於在犯戒時處於精神錯亂狀態的比丘);三是罪處所(覓罪相)羯磨(字面意思是「使其對他更糟」)適用於在犯戒時神智健全的比丘;下文第四條戒條——「按照所承認而行。」——有時被認為涵蓋無罪的情況,但實際上僅適用於比丘承認犯戒的情況,而不適用於比丘無罪並堅稱自己無罪的情況。
Thus we will follow the general usage in the Khandhakas and say that the factor “pure and without offense” is fulfilled by any bhikkhu—arahant or not—who has not committed the offense in question. 因此,我們將遵循《犍度》中的一般用法,認為任何比丘——無論是否是阿羅漢——只要沒有犯下所討論的罪行,就滿足了「清淨無罪」的因素。
3
A verdict of past insanity may be given.
可給予不癡判決。
This is another verdict of innocence given in an accusation, based on the fact that the accused was out of his mind when he committed the offense in question and so is absolved of any responsibility for it. 這是另一個在指控裡可以被給予的無罪判決,根據的事實是被指控者在犯相關戒時發狂,因此免除了對它的任何責任。
This verdict is valid only if given to a bhikkhu who: 只有在以下情況下的比丘,此判決才有效:
1) does not remember what he did while insane;
1)不記得自己在精神錯亂時做了什麼;
2) remembers, but only as if in a dream; or
2)記得,但感覺就像在做夢一樣;或者
3) is still insane enough to believe that his behavior is proper. (“I act that way and so do you. It’s allowable for me and allowable for you!”) (Cv.IV.6.2).
3)仍然精神錯亂到認為自己的行為是恰當的。(「我這樣做,你也這樣做。我這樣做是允許的,你這樣做也是允許的!」)(《小品》.四.6.2)。
4
Acting in accordance with what is admitted.
按照所承認而行。
This refers to two types of situations. The first is the ordinary confession of offenses, where no formal interrogation is involved. The confession is valid only if in accord with the facts, e.g., a bhikkhu actually commits a pācittiya offense and then confesses it as such, and not as a heavier or lighter offense. If he were to confess it as a dukkaṭa or a saṅghādisesa, that would be invalid. 這指的是兩種情況。第一種是普通的懺悔罪行,不涉及正式審問。這種懺悔表白只有在與事實相符的情況下才有效,例如,比丘確實犯了《波逸提》,並如實懺悔表白之,而不是懺悔表白為更重或更輕的罪。如果他懺悔表白為《突吉羅》或《僧殘》,則無效。
The second situation is when, following on an accusation, the Community has met to interrogate the bhikkhu in question and he has admitted to doing the action in question (although he may still not see the action as an offense or, if he does, may still refuse to undergo the penalty for it). If he admits that it was an offense, he may be dealt with in line with the severity of the offense. For instance, if he committed a saṅghādisesa offense, they would have to at least tell him to prepare for his penance and probation, and later actually carry them out. This would count as “acting in accordance with what is admitted.” However, the accusation is still not settled. The Community must then impose an extra disciplinary action on him—at the very least, the “further-punishment” transaction described under As 6, below—for having put the Community to the trouble of having to hold the interrogation to begin with. Only then is the issue settled. This is why Cv.IV.14.27 does not list “acting in accordance with what is admitted” as a procedure for settling accusation-issues, because even though the bhikkhus must deal with the accused in line with what was admitted, the accusation-issue is not settled until the extra punishment has been applied. 第二種情況是,當在接到指控後,僧團召開會議審問涉事比丘,而他承認了所指控的行為(儘管他可能仍然不認為該行為是犯戒,或者即使認為是犯戒,也可能拒絕接受相應的懲罰)。如果他承認這是犯戒,則可以根據犯戒的嚴重程度來處理他。例如,如果他犯了《僧殘》罪,僧團至少要告知他準備進行摩那埵和別住,並在之後實際執行。這算作「按照所承認而行」。然而,指控仍尚未解決。僧團隨後必須對他施加額外的治罪處分——至少是下文《滅諍》六所述的「罪處所(覓罪相)」羯磨——因為他使僧團陷入了必須首先進行審問的麻煩。這樣,問題才能解決。這就是為什麼《小品》.四.14.27沒有將「按照所承認而行」列為解決教誡諍(覓諍)的程序,因為即使比丘們必須按照所承認的來處理被指控者,但在施加額外懲罰之前,教誡諍(覓諍)還沒有得到解決。
5
Acting in accordance with the majority.
按照多數而行。
This refers to cases in which bhikkhus are unable to settle a dispute unanimously, even after all the proper procedures are followed, and—in the words of the Canon—are “wounding one another with weapons of the tongue.” In cases such as these, decisions can be made by majority vote. 這指的是比丘們即使遵循了所有正當程序,也無法一致解決爭端,並且——用《聖典》的話來說——「以言語的武器來互相傷害」的情況。在這種情況下,可以透過多數投票來做出決定。
Such a vote is valid only if— 這樣的投票只有在以下情況才有效——
1) The issue is important.
1)該爭議/諍論很重要。
2) The face-to-face procedures have all been followed but have not succeeded in settling the issue. (The discussion in the Cullavagga indicates that at least two Communities have tried settling the issue; the Commentary recommends trying the normal procedures in at least two or three.)
2)已遵循所有的面對面程序,但未能成功解決諍論。(《小品》中的討論表明,至少有兩個僧團已嘗試解決這個諍論;《義註》建議至少在兩到三個僧團嘗試正常的程序。)
3) Both sides have been made to reflect on their position.
3)雙方都已被迫反思自己的立場。
4) The distributor of voting tickets knows that the majority sides with the Dhamma.
4)分發選票者知道多數站在法這邊。
5) He hopes (§) that the majority sides with the Dhamma (in other words, he himself is on the side of the Dhamma).
5)他希望(§)多數站在法這邊(換句話說,他自己在法這邊)。
6) The distributor of voting tickets knows that the procedure will not lead to a split in the Saṅgha.
6)分發選票者知道,此程序不會導致僧伽分裂。
7) He hopes (§) that the procedure will not lead to a split in the Saṅgha (again, this means that he himself does not want there to be a split).
7)他希望(§)此程序不會導致僧伽分裂(再一次,這意指他自己不希望將會有分裂)。
8) The tickets are taken in accordance with the Dhamma (according to the Commentary, this means that there is no cheating—e.g., one bhikkhu taking two tickets—and the Dhamma side wins).
8)選票按照法來領取(根據《義註》,這意指沒有作弊行為——例如,一個比丘拿兩張票——而且法一方獲勝)。
9) The assembly is complete.
9)集眾是完整的。
10) The bhikkhus take the tickets in accordance with their views (and not, for example, under fear of intimidation or coercion). (Cv.IV.10)
10)比丘們根據自己的見解領取選票(而不是,例如,在害怕恐嚇或脅迫的情況下)。(《小品》.四.10
6
Acting for his further punishment.
為加重對他的處罰而行。
This refers to cases where a bhikkhu admits to having committed the offense in question only after being formally interrogated about it. After getting him to disclose the offense, the Community is to carry out a “further-punishment” transaction against him for being so uncooperative as to require the formal interrogation in the first place. 這指的是比丘在被正式審問後才承認犯下相關罪行的情況。在使其坦白罪行後,僧團應因其最初不配合導致需要正式審問,而對其施以「罪處所(覓罪相)」羯磨。
The Cullavagga (IV.11.2-12.3) contains two separate discussions of the conditions that are necessary for the act to be valid. The discussions overlap, but can be summarized as follows: 《小品》(四.11.2-12.3)包含了兩段關於此行事要有效的必要條件的獨立討論。這兩段討論有所重疊,但可以概括如下:
1) The accused is impure (i.e., he actually did commit the offense, and it is an offense that requires confession).
1)被指控者不清淨(即,他確實犯下了罪行,而且該罪行需要懺悔表白之)。
2) He is unconscientious (i.e., he didn’t voluntarily confess the offense on his own in the first place).
2)他缺乏良心(即,他一開始並沒有自願懺悔罪行)。
3) He stands accused of the offense. (The Commentary translates this word—sānuvāda, “with an accusation”—as meaning “argumentative”—sa-upavāda—but in Mv.IV.16.16 it clearly means that an apparently well-founded charge has been brought against the accused by a competent bhikkhu.)
3)他被指控犯有該罪行。(《義註》將這個詞——sānuvāda,「帶著指控」——翻譯為「好爭論的」——sa-upavāda——但在《大品》.四.16.16中,它清楚地指一位稱職的比丘對被指控者提出了明顯有理有據的指控。
4) A formal meeting has been called in which he is present and has been interrogated: charged with the offense and made to remember—i.e., to think back to the events in question.
4)已召開正式會議,他出席並接受了審問:被指控犯有該罪行,並被迫回憶——即,回想相關事件。
5) He discloses the offense—i.e., admits to having committed it.
5)他披露了罪行-即承認自己犯下了該罪行。
6) The Community carries out the transaction
6)僧團執行羯磨
7) in accordance with the Dhamma and Vinaya, and with a united assembly.
7)依照法與律,並依照和合的集眾。
What makes this transaction special is that—unlike other disciplinary transactions, which the Community can impose or not at its discretion—this act must be imposed on a bhikkhu who has committed an offense that requires confession but does not admit to the action until having been formally interrogated (Cv.IV.14.27). In addition, though, Cv.IV.12.3 states that, if the Community wants to, it may also impose the act on a bhikkhu who: 這項羯磨的特殊之處在於-與其他僧團可自行決定是否執行的治罪羯磨不同-這項羯磨必須施加於犯有需懺悔之罪卻在被正式審問前不承認該行為的比丘(《小品》.四.14.27)。此外,《小品》.四.12.3規定,如果僧團想要,也可以對以下比丘執行該羯磨:
1) is a maker of strife, quarrels, and dissension in the Community;
1)是僧團內紛爭、爭吵和不和的製造者;
2) is inexperienced, incompetent, indiscriminately (§) full of offenses; or
2)缺乏經驗、能力不足、不加區分地(§)充滿罪行;或
3) lives in unbecoming association with lay people.
3)過著與在家人有不雅觀交往的生活。
However, if the Community wants to, it may also impose a censure transaction on the bhikkhu who meets either of these sets of qualifications (Cv.I.2; Cv.I.4). Given that the prohibitions imposed by both the censure and the further-punishment transactions are identical, it is hard to understand why there are two separate transactions that, for all intents and purposes, are essentially the same. 然而,如果僧團想要,也可以對符合上述任何一種條件的比丘施加呵責(苦切)羯磨(《小品》.一.2《小品》.一.4)。鑑於呵責(苦切)羯磨和罪處所(覓罪相)羯磨所施加的禁令完全相同,就所有意圖和目的而言,很難理解為何會有兩種本質上相同的羯磨。
Once a further-punishment transaction has been carried out against a bhikkhu, he must observe the following prohibitions: 一旦對一名比丘執行了罪處所(覓罪相)羯磨,他必須遵守以下禁令:
1) He may not act as preceptor or teacher for another bhikkhu, nor is he to have a novice attend to him.
1)他不得擔任其他比丘的戒師或教授師,也不得讓沙彌侍奉他。
2) He may not accept authorization to exhort bhikkhunīs; even if authorized, he is not to exhort them.
2)他不得接受教誡比丘尼的授權;即使獲得授權,他也不得教誡比丘尼。
3) He should not commit the offense for which he is being punished, a similar offense, or a worse one.
3)他不應該犯下他正在受罰的罪行、類似的罪行,或更嚴重的罪行。
4) He should not find fault with the transaction or with those who carried it out.
4)他不應該對羯磨本身或執行羯磨者挑毛病。
5) He should not accuse others of offenses or participate actively in any of the procedures involved in or leading up to a formal accusation—i.e., canceling another bhikkhu’s right to join in the Pāṭimokkha recitation, canceling his invitation at the end of the Rains, setting up an accusation, asking his leave to accuse him, charging him, interrogating him (literally, “making him remember”).
5)他不應該指控他人犯戒,也不應該積極參與任何牽涉或導致正式指控的程序,例如取消另一位比丘參加誦《波羅提木叉》的權利、取消他在雨安居結束時的自恣、提出指控、請求他許可來指控他、控告他、審問他(字面意思是「讓他記住」)。
6) He should not join bhikkhus in quarreling with other bhikkhus (following the Thai edition of the Canon, which reads, “na bhikkhū bhikkhūhi sampayojetabbanti”). (Cv.IV.12.4).
6)他不應參與比丘們與其他比丘爭吵(遵循泰國版《聖典》的原文,拼讀成:「na bhikkhū bhikkhūhi sampayojetabbanti」)。(《小品》.四.12.4)。
If he abides by all these prohibitions, and the Community is satisfied that he has seen the error of his ways, they are to rescind the transaction and restore him to his former status as a full-fledged bhikkhu. 如果他遵守所有這些禁令,並且僧團對他已經認識到自己行事的錯誤感到滿意,他們就應該撤銷羯磨,並恢復他先前作為正式比丘的身份。
7
Covering over as with grass.
像草一樣覆蓋。
This refers to situations in which both sides of a dispute realize that, in the course of their dispute, they have done much that is unworthy of a contemplative. If they were to deal with one another for their offenses, the result would be greater divisiveness, even to the point of schism. Thus if both sides agree, all the bhikkhus gather in one place. (According to the Commentary, this means that all bhikkhus in the territory must attend. No one should send his consent, and even sick bhikkhus must go.) A motion is made to the entire group that this procedure will be followed. One member of each side then makes a formal motion to the members of his faction that he will make a confession for them. When both sides are ready, the representative of each side addresses the entire group and makes the blanket confession, using the form of a motion and one proclamation (ñatti-dutiya-kamma). 這指的是爭端雙方都意識到,在爭端過程中,他們做了許多不值得沙門應做的事。如果他們就各自的罪行互相處置,結果只會加劇分裂,甚至導致破和合僧。因此,如果雙方都同意,所有比丘就聚集到一處。(根據《義註》,這指該界場內所有比丘都必須參加。任何人都不得送來自己的同意,即使是生病的比丘也必須到場。)向全體比丘提出白文[動議],宣布將遵循這一程序。然後,雙方各派一名成員向本派成員正式提出白文[動議],表示他將會為他們懺悔罪行。當雙方都準備就緒後,雙方代表向全體比丘宣告,並做出總括的懺悔罪行,採用一白一羯磨(白二羯磨)[一次動議和一次宣告](ñatti-dutiya-kamma)的形式。
This clears all offenses except for— 這將清除除以下情況外的所有罪行——
1) any grave fault (pārājika or saṅghādisesa offense, says the Commentary) committed by anyone in the group;
1)團體中任何人所犯的任何重罪(《波羅夷》或《僧殘》罪,《義註》說);
2) any offenses dealing with the laity;
2)任何與在家人有關的罪行;
3) any offenses of any member of either side who does not approve of the procedure; and
3)任何一方的任何成員若不認可該程序,其任何罪行;以及
4) any offenses of any bhikkhu who does not attend the meeting. (This is the reason for the Commentary’s statement that even sick bhikkhus must attend.) (Cv.IV.13.4)
4)任何未出席集會的比丘的任何罪行。(這就是《義註》中所說的,即使是生病的比丘也必須出席的原因。)(《小品》.四.13.4
Point (3) here is interesting. If any member of either side were to dissent, that would invalidate the whole procedure. This point is thus probably added as a reminder to any bhikkhu who might be vindictive enough to want to deal with his enemies case-by-case, that his offenses will have to be dealt with case-by-case as well. This might be enough to discourage him from dissenting. 此處第(3)點很有意思。如果任何一方的任何成員持異議,整個程序都將無效。因此,加入這一點可能是為了提醒那些心懷報復、想要逐案處理敵人的比丘,他的罪行也將必須逐案處理。這或許足以讓他打消異議之念。
The Commentary explains the name of this procedure by comparing the offenses cleared in this way to excrement that has been so thoroughly covered with grass that it can no longer send an oppressive smell. 《義註》解釋了這一程序的名稱,它將以這種方式清除的罪行比作被草徹底覆蓋的糞便,以至於它不再散發出令人作嘔的氣味。
* * *
According to Cv.IV.14—sections 16, 27, 30, and 34—the principle of “face-to-face” applies to all four types of issues: dispute-issues, accusation-issues, offense-issues, and duty-issues. In addition, dispute-issues must be settled “in accordance with the majority”; accusation-issues, either by a verdict of mindfulness, a verdict of past insanity, or an act of further punishment; and offense-issues, by acting in accordance with what is admitted or by covering them over as with grass. 根據《小品》.四.14(第16273034條),「面對面」原則適用於所有四類諍事:言諍、教誡諍(覓諍)、犯罪諍(犯諍)和事諍。此外,言諍必須「依照多數」來解決;教誡諍(覓諍)必須透過正念判決、不癡判決或行罪處所(覓罪相)來解決;犯罪諍(犯諍)必須根據所承認而行,或者像用草掩蓋一樣掩蓋起來。
What follows is a more detailed discussion of how these principles and procedures apply in each of the four cases: 接下來將更詳細地討論這些原則和程序如何在這四個情況中應用:
Disputes 言諍
Disputes are heated disagreements over what the Buddha did and did not teach, or—in the words of the Cullavagga—“when bhikkhus dispute, saying: 言諍是指對佛陀教導和未教導的內容的激烈分歧,或者——用《小品》的話來說——「當比丘們爭論時,說:
‘It is Dhamma,’ or ‘It is not Dhamma;’
『這是法』,或『這不是法』;
‘It is Vinaya,’ or ‘It is not Vinaya;’
『這是律』,或『這不是律』;
‘It was spoken by the Tathāgata,’ or ‘It was not spoken by the Tathāgata;’
『這是如來所說』或『這不是如來所說』;
‘It was regularly practiced by the Tathāgata,’ or ‘It was not regularly practiced by the Tathāgata;’
『這是如來之所常行』或『這不是如來之所常行』;
‘It was formulated by the Tathāgata,’ or ‘It was not formulated by the Tathāgata;’
『這是如來所製』,或『這不是如來所製』。
‘It is an offense,’ or ‘It is not an offense;’
『這是犯戒』,或『這不是犯戒』;
‘It is a light offense,’ or ‘It is a heavy offense;’
『這是輕罪』,或『這是重罪』;
‘It is an offense leaving a remainder (§),’ or ‘It is an offense leaving no remainder (§);’
『這是有餘罪(§)』,或『這是無餘罪(§)』;
‘It is a serious offense,’ or ‘It is not a serious offense.’
『這是粗罪』,或『這不是粗罪』;
“Any strife, quarreling, contention, dispute, differing opinions, opposing opinions, antagonistic words, abusiveness based on this is called a dispute-issue.”—Cv.IV.14.2
『任何由此引起的紛爭、爭吵、爭論、糾紛、意見分歧、反對意見、敵對言辭、辱罵,稱為言諍。』——《小品》.四.14.2
Thus not all disagreements on these matters are classed as issues. Friendly disagreements or differences of interpretation aren’t; heated and abusive disagreements are. 因此,並非所有關於這些問題的分歧都屬於爭議範疇。友善的分歧或解讀上的差異不算,而激烈的、帶有侮辱性的分歧則屬於爭議範疇。
The Cullavagga quotes the Buddha as recommending that a bhikkhu who wants to bring up such questions for discussion should first consider five points: 《小品》引述佛陀的建議,認為想要提出此類問題進行討論的比丘應該先考慮以下五點:
1) whether it is the right time for such a discussion;
1)是否是進行此類討論的合適時機;
2) whether it concerns something true;
2)是否與真實有關;
3) whether it is connected with the goal;
3)是否與目標有關;
4) whether he will be able to get on his side bhikkhus who value the Dhamma and Vinaya; and
4)他能否爭取那些珍惜法與律的比丘們的支持;而且
5) whether the question will give rise to strife, quarreling, disputes, cracks and splits in the Community.
5)該問題是否會在僧團內引起衝突、爭吵、糾紛、裂痕和分裂。
If the answer to the first four questions is Yes, and to the fifth question No (i.e., the discussion is not likely to lead to strife), he may then go ahead and start the discussion. Otherwise, he should let the matter rest for the time being (Cv.IX.4). 如果前四個問題的答案是「是」,第五個問題的答案是「否」(即,討論不太可能導致衝突),那麼他就可以開始討論。否則,他應該暫時擱置此事(《小品》.九.4)。
The Cullavagga also quotes the Buddha as saying that two sorts of mental states—skillful and unskillful—can turn disputes into issues. The unskillful states are covetous, corrupt, or confused states of mind; the skillful ones, states of mind that are not covetous, not corrupt, and not confused. The Buddha adds, however, that six character traits can lead to issues arising from disputes that will act toward the detriment of many people. They are when a bhikkhu: 《小品》也引述佛陀的話說,兩種心境——善心和不善心——會使爭端演變成問題。不善心是貪婪、腐敗或迷惑的心境;善心是不貪婪、不腐敗、不迷惑的心境。然而,佛陀補充說,有六種性格特徵會導致爭端引發問題,從而損害許多人。這些特徵包括當一名比丘:
is easily angered and bears ill will,
易怒且懷有惡意,
is mean and spiteful,
卑鄙惡毒,
is jealous and possessive,
嫉妒且擁有佔有欲。
is scheming and deceitful,
陰險狡詐,
has evil desires and wrong views,
有惡欲及邪見,
is attached to his own views, obstinate, unable to let them go.
執著己見,頑固,不能放下。
Such a bhikkhu, he says, lives without deference or respect for the Buddha, the Dhamma, the Saṅgha, and does not complete the training. If one should see any of these traits within oneself or others, one should strive for their abandoning. If no such traits are present, one should make sure that they don’t arise in the future (Cv.IV.14.3). 他說,這樣的比丘對佛、法、僧三寶缺乏敬畏之心,無法修行圓滿。如果發現自己或他人身上有這些缺點,就應該努力捨棄它們。如果沒有這些缺點,就應該確保將來不再生起(《小品》.四.14.3)。
Although the source of a dispute-issue may be in skillful or unskillful mind states, Cv.IV.14.8 states that the actual conduct of the issue may be skillful, unskillful, or neutral—apparently, depending on the mind states of the bhikkhus as they get involved. 雖然言諍的根源可能在於善或不善的心態,但《小品》.四.14.8指出,爭端的實際處理方式可能是善的、不善的、或中立的[無記]——顯然,這取決於比丘們在介入時的心態。
As noted under Sg 10, when a dispute is still small but threatens to become schismatic, a Community may use the procedures described under Sg 10 & 11. Once it has become a major issue, however, the procedures to follow are these: 《僧殘》十所述,當爭端尚小但有演變為破和合僧的風險時,僧團可採用《僧殘》十十一所述的程序。然而,一旦爭端演變為重大問題,則應遵循以下程序:
Face-to-face—Step 1: 面對面——第一步:
a) The Community meets, with at least four bhikkhus—the minimum to form a quorum—present. All of the bhikkhus in the territory are either present or have sent their consent, and none of the bhikkhus present protests having the matter settled by the group.
a)僧團召開會議,至少有四位比丘出席-這是達到法定人數的最低人數。界場內的所有比丘若非到場,則是已送來同意,且所有到場的比丘均不反對由群體解決此事。
b) Both sides of the dispute are present.
b)諍論雙方均到場。
c) The meeting is carried out in a way that does not transgress any of the rules laid down by the Buddha, and the unanimous decision of the Community is in line with what the Buddha actually laid down. This point is important: It means that no Community—even if it follows the proper form for the meeting—can legitimately replace the Buddha’s teachings with its own preferences on any point.
c)會議的進行方式不得違反佛陀所制定的任何戒條,且僧團的一致決定必須符合佛陀所制。這一點至關重要:這意味著任何僧團——即便遵循了會議的適當形式——也不能在任何方面以自身的偏好合法地取代佛陀的教義。
If the Community can settle the matter in this way, it is properly settled and should not be reopened. 如果僧團能夠以這種方式解決這個問題,那麼這個問題就已經得到了妥善解決,不應該再重新討論。
Step 2: If the Community cannot settle the matter, they should go to a monastery where there are more bhikkhus and ask them to help settle the matter. If the group can settle the matter among themselves on the way to the other monastery, then it is properly settled, and they may return home to their own monastery. 第二步:如果僧團無法自行解決問題,他們應該前往比丘較多的寺院,請他們幫忙解決。如果群體在前往其他寺院的途中能夠自行解決問題,那麼該問題就已妥善解決,他們可以返回自己的寺院。
Step 3: If the matter is still unsettled by the time they reach the second monastery, they should ask the resident bhikkhus there to help settle the matter. The resident bhikkhus should then meet and consider among themselves whether they are competent to do so. If they feel they aren’t, they shouldn’t take it on. If they feel they are, they should then ask the incoming bhikkhus how the dispute arose. (The Commentary here adds that the residents should first stall for two or three days—saying that they have to wash their robes or fire their bowls first—as a way of subduing the pride of the incoming bhikkhus.) 第三步:如果他們到達第二座寺院時事情仍未解決,就應該請那裡的比丘幫忙解決。常住比丘應該聚在一起商議自己是否有能力處理此事。如果他們覺得自己沒有能力,就不該接手。如果他們覺得自己有能力,就應該詢問來訪的比丘們爭端是如何產生的。(此處的《義註》補充說,常住比丘應該先拖延兩三天——比如說他們需要先洗袈裟或燒缽——以此來平息來訪的比丘們的傲氣。)
Once the resident bhikkhus have asked the history of the dispute, the incoming bhikkhus are to say that if the resident bhikkhus can settle the dispute, they (the incoming bhikkhus) will hand it over to them; if they can’t settle it, the incoming bhikkhus will still be in charge of the matter. 當常住比丘詢問了爭端的來龍去脈後,來訪的比丘要說,如果常住比丘能夠解決爭端,他們(來訪的比丘)就會將爭端移交給他們;如果常住比丘無法解決爭端,來訪的比丘仍將負責處理此事。
If the resident bhikkhus can then settle the dispute, it is properly settled. 如果常住比丘能夠解決爭端,那麼爭端就得到了妥善解決。
Step 4: If they can’t settle it in this way—and, in the words of the Canon, “endless disputes arise, and there is no discerning the meaning of a single statement”—the disputants should, with a motion and one proclamation, hand the matter over to a panel of experts (§). (The Commentary recommends a panel of ten.) Cv.IV.14.19 states that each member of the panel must meet ten qualifications, which are in brief: 第四步:如果他們無法以此方式解決爭端——正如《聖典》所言,「爭端不斷,單一語句的含義都無法辨別」——爭端雙方應以一白一羯磨[一次動議和一次宣告],將此事移交專家小組(§)。(《義註》建議由十人組成專家小組。)《小品》.四.14.19規定,專家小組的每位成員必須符合十項資格要求,簡述如下:
1) He is virtuous, abiding scrupulously by the rules of the Vinaya, seeing danger in the slightest faults.
1)他品德高尚,一絲不苟地遵守律藏的戒條,見到最輕微的罪過裡的危險。
2) He is learned in all teachings dealing with the complete celibate life, understanding them thoroughly.
2)他精通所有與圓滿梵行生活相關的教義,並對其有透徹的理解。
3) He has memorized both the Bhikkhu and the Bhikkhunī Pāṭimokkhas in detail, understanding them thoroughly.
3)他詳細地背誦了比丘和比丘尼的《波羅提木叉》,並透徹地理解了它們。
4) He is shrewd in his knowledge of the Vinaya and is not easily led off-track.
4)他對律藏的了解非常透徹,不容易被誤導。
5) He is competent at placating and reconciling both sides of a dispute.
5)他能勝任安撫和調解爭端雙方。
6) He is skilled at settling an issue.
6)他擅長解決諍事。
7) He knows what constitutes an issue.
7)他知道什麼構成諍事。
8) He knows the origination of an issue (i.e., through skillful or unskillful states of mind).
8)他知道諍事的根源(即透過善或不善的心境)。
9) He knows the cessation of an issue.
9)他知道諍事之止息。
10) He knows the way leading to the cessation of an issue. (Notice that these last four qualifications are similar in form to knowledge of the four noble truths.)
10)他知道導致諍事止息之道。(請注意,最後這四項資格在形式上與對四聖諦的了知相似。)
The Commentary notes that while the panel is discussing the issue, none of the other bhikkhus is to speak. If the panel can settle the issue, it is properly settled and should not be reopened. 《義註》指出,在小組討論此事期間,其他比丘不得發言。如果小組能夠解決這個諍事,那麼這個諍事就已經得到了妥善解決,不應再重新討論。
Step 5: If the panel has trouble settling the issue, and there are members of the panel who “hide the Dhamma under the shadow of the letter”—i.e., use the letter of the rules to go against the spirit—they may be removed from the panel through a formal motion. If the panel can then settle the issue, it is properly settled. 第五步:如果小組難以解決諍事,且小組中有成員「以字面意義掩蓋佛法」——即利用戒條的字面含義違背其精神——則可透過正式動議將其從小組中除名。如果小組隨後能夠解決諍事,則該諍事即得到妥善解決。
If not—and by this time, the Commentary says, at least two or three monasteries have become involved—the face-to-face procedures have been exhausted, and the dispute must go on to a settlement “in accordance with the majority.” 如果得不到解決——《義註》說,到那時至少有兩三個寺院捲入其中——面對面的程序已經用盡,爭端必須「按照多數」解決。
In accordance with the majority: A decision by majority vote is valid only when it meets the ten qualifying factors listed above, under As 5. When these factors are all present, the group should first ask one of its members to act as a distributor of voting tickets. He should be free of the four kinds of bias (from desire, aversion, delusion, and fear), and know what does and does not constitute the proper taking of a voting ticket. Before accepting the role, he should reflect on whether the situation meets the ten qualifying factors, and accept only when it does. Once he accepts the role, he is to be authorized by means of a formal motion and one proclamation. 按照多數:多數決的決定只有在符合上述《滅諍》五所列的十項資格條件時才有效。當這些條件全部具備時,群體應先指定一名成員擔任選票分發者。該成員應無四種偏見(貪、嗔、癡和恐懼),並清楚什麼算和不算正確領取選票。在接受該角色之前,他應省思當前情況是否符合上述十項資格條件,只有在符合的情況下才能接受。一旦他接受該角色,則需透過正式一白一羯磨[一次動議和一次宣告]予以授權。
He is then to have voting tickets made—a different color for each side—and conduct the ballot in one of three ways: secretly, by whispering in the ear, or openly. 然後,他要製作選票——每方使用不同的顏色——並以三種方式之一進行投票:秘密投票、耳語投票、或公開投票。
In secret balloting, he is to tell each bhikkhu, “This color is for this side, and that color for that. Take one, but don’t show it to anyone.” According to the Commentary, this method is to be used when there are many unconscientious bhikkhus in the assembly.
秘密投票時,他要告訴每位比丘:「這種顏色代表這一方,那種顏色代表另一方。拿一張,但不要給任何人看。」根據《義註》,這種方法用於集眾中有很多不負責任的比丘的情況。
In “whispering in the ear” balloting, he is to whisper to each bhikkhu, “This color is for this side, and that color for that. Take one, but don’t tell anyone.” This method, the Commentary says, is for assemblies in which there are many foolish or trouble-making bhikkhus.
「耳語」投票時,他要悄悄告訴每個比丘:「這個顏色代表這一方,那個顏色代表另一方。拿一個,但不要告訴任何人。」《義註》中說,這種方法適用於有很多愚昧或製造麻煩的比丘們的集眾。
In open balloting, the bhikkhus are to take the voting tickets openly. This method is for assemblies where the distributor is certain that the conscientious bhikkhus are in the majority.
公開投票時,比丘們要公開領取選票。這種方法適用於分發者確信盡責的比丘佔多數的集眾。
Once the vote is taken, the distributor is to assess the result before announcing it. If he sees that the anti-Dhamma side has won, he is to annul the balloting and take the vote all over again. According to the Commentary, he may take the vote up to three times. If the anti-Dhamma side is still in the majority, he should announce that the time is not right for a vote, adjourn the meeting, and try to find more bhikkhus on the side of the Dhamma to join the next meeting. 投票結束後,分發者在宣布前應先評估結果。如果他發現非法一方獲勝,則應宣布投票無效,重新進行投票。根據《義註》,他最多可以重新進行三次投票。如果非法一方仍然佔多數,他應宣布現在不宜投票,休會,並努力尋找更多正法一方的比丘參加下次會議。
These procedures make two interesting assumptions: One side of the dispute is clearly in the right, and the distributor must belong to the right side. If he belongs to the wrong side, the balloting is invalid and the issue may later be reopened without penalty. If neither side is clearly in the right, the compilers of the Cullavagga would probably consider the issue unimportant and not worthy of a vote in the first place. If this is true, then even if a vote is taken, it would not be a valid use of the procedure, and the results would not be binding. 這些程序基於兩個有趣的假設:爭議一方顯然是正確的,且分發者必須屬於正確的一方。如果他屬於錯誤的一方,則投票無效,該諍事可以稍後重新提出而不會受到懲罰。如果雙方都沒有明顯的正確性,《小品》的編纂者可能會認為這個諍事一開始就無關緊要,根本不值得投票表決。如果情況確實如此,那麼即使進行了投票,也並非有效行使該程序,結果也不具有約束力。
In all of these steps for settling dispute-issues, the important point to remember is that in no way is a group of bhikkhus to rewrite the Dhamma or Vinaya in line with their views. Even if they attempt it, following the procedures to the letter, the fact that their decision goes against the Buddha’s teachings invalidates their efforts, and the issue may be reopened at any time without penalty. 在解決言諍的所有這些步驟中,必須牢記一點:任何比丘們都不能按照自己的觀點改寫法或律。即使他們試圖這樣做,嚴格按照程序進行,但由於他們的決定違背了佛陀的教導的這個事實,使他們的努力成為無效,而且該諍事可以隨時重新提出,無需承擔任何懲罰。
* * *
Accusations 教誡諍/覓諍
When a bhikkhu has committed an offense, it is his responsibility to undergo the attendant penalty voluntarily so as to make amends for it. If his fellow bhikkhus see, hear, or suspect that he has committed an offense without undergoing the penalty, it is their duty to question and admonish him in private, in accordance with the procedures discussed under Sg 8. The issue may be settled informally in one of three ways: (1) The accused admits to the act, sees it as an offense, and undergoes the penalty. (2) He is truly innocent, professes his innocence, and can convince his admonishers that their suspicions were ungrounded. (3) He committed the action in question but was insane at the time, and can convince his accusers that this was the case. 比丘犯戒後,有責任自願接受相應的懲罰以改正過失。如果他的同儕比丘們看到、聽到或懷疑他犯戒卻未接受懲罰,則他們有義務按照《僧殘》八所討論的程序私下詢問並教誡他。此諍事可透過以下三種方式非正式解決:(1)被指控者承認其行為,認為其為罪行,並接受懲罰。(2)他確實無辜,聲明自己無辜,並能說服教誡者他們的懷疑毫無根據。(3)他犯下了所涉行為,但當時精神失常,並能說服他的指控者們事實如此。
If both sides act in good faith and without prejudice, issues of this sort are relatively easy to settle informally in this way. If the issue can’t be settled informally, it should be taken to a meeting of the Community for a formal interrogation and verdict. 如果雙方本著誠意且不帶偏見地行事,這類諍事相對容易透過這種方式非正式地解決。如果諍事無法非正式地解決,則應提交僧團會議進行正式質詢和裁決。
When the Community meets, both the accuser (X) and the accused (Y) must be present. (If the original accuser is a lay person, one of the bhikkhus is to take up the accusation.) If they meet during the regular time for the Pāṭimokkha (see BMC2, Chapter 15), the accusation must first be preceded by a formal period of questions and answers about Vinaya matters touching on the accusation (Mv.II.15.6-11). This is to educate the group as a whole so that they will be ready to judge the case, inasmuch as the ultimate verdict has to be unanimous. This also gives Y the chance to speak up and confess the offense, if he is guilty of it, so as to eliminate the need for any further interrogation. However, Mv.II.15.8 and Mv.II.15.11 indicate that the bhikkhus who are to ask and answer Vinaya questions should first assess the assembly to see if it is safe and advisable to bring up the issue, for there may be bhikkhus present who might react violently if the matters under discussion touch too closely on their own misbehavior or that of their friends. 僧團聚會時,指控者(X)和被指控者(Y)都必須到場。(如果原指控者是居士,則由一位比丘接受該指控。)如果聚會時間安排在例行的《波羅提木叉》時間(參見《佛教比丘戒律 第二冊》第十五章),則在正式指控之前,必須先進行一段關於與指控相關的戒律問題的正式問答環節(《大品》.二.15.6-11)。這樣做是為了教育全體僧團成員,使他們能夠做好判斷案件的準備,因為最終的判決必須由全體僧團成員一致通過。這也讓 Y 有機會坦白並懺悔罪行(如果他確實犯了戒),從而消除進一步審訊的需要。然而,《大品》.二.15.8《大品》.二.15.11指出,要提問和回答戒律問題的比丘們應該先評估集眾,看看提出這個諍事是否安全且明智,因為在場的比丘中,如果討論的事情過於密切地觸及他們自己或朋友的不當行為,他們可能會做出激烈的反應。
If, after the conclusion of the Vinaya questions and answers, Y has not confessed an offense, X—while the motion for the Pāṭimokkha is being recited—may interrupt it with the announcement that Y has an offense and that the Pāṭimokkha should not be recited in his presence (see BMC2, Chapter 15, for the formal statement). Then, after assessing Y’s state of mind—to ensure that he won’t act in a threatening way if accused—X asks formal leave to speak to Y about the offense, saying, “May the venerable one give leave. I want to speak with you—Karotu āyasmā okāsaṁ. Ahan-taṁ vattukāmo.” Y, after assessing his accuser and the assembly, may choose to give leave or not. (See the discussion of this point under Sg 8 and Ay1.) If he chooses not to, the Pāṭimokkha will not be recited that day. The issue is left hanging for the time being and can be brought up at a later date. 若在律藏問答結束後,Y 仍未懺悔罪行,X 可以在誦讀《波羅提木叉》動議[白文]期間打斷誦讀,宣告 Y 有犯戒,不應在其面前誦讀《波羅提木叉》(正式羯磨文見《佛教比丘戒律 第二冊》第十五章)。然後,在評估Y的心境後——以確保他被指控時不會做出威脅性舉動—— X 請求正式許可與 Y 談論此罪行,說道:「請尊者許可。我想與您談談——Karotu āyasmā okāsaṁ. Ahan-taṁ vattukāmo。」Y 在評估了其指控者和集眾後,可以選擇許可與否。(參見《僧殘》八《不定》一對此的討論。)如果他選擇不許可,則當天不會誦讀《波羅提木叉》。此諍事暫時擱置,可在日後再提出。
If X brings up the issue during the Invitation (see BMC2, Chapter 16), a similar process is followed, although this time there is no preliminary session of questions and answers. X can simply ask Y’s leave to speak about the accusation; if Y doesn’t give leave, X may cancel his invitation, and the Community has to look into the matter. If they know that X is incompetent or ignorant, they will override his cancelation and continue with the Invitation. Otherwise, they will question him about his planned accusation. Because Y in this case does not have the right to refuse to give leave, he is potentially open to an abusive or ill-willed accusation. Thus the Community has the responsibility of interrogating X thoroughly concerning his general knowledge about accusations and the particulars of his accusation against Y (see Mv.IV.16.10-16; BMC2, Chapter 16). If they find his answers ignorant and inconsistent, they can override the cancelation. If, however, they find his answers knowledgeable and consistent, they should turn to interrogate Y, as described below. 如果 X 在自恣時提出該諍事(請參閱《佛教比丘戒律 第二冊》第十六章),則遵循類似的流程,但這次沒有事先的問答環節。X 可以直接要求 Y 許可來談論指控;如果 Y 不許可,X 可以取消其自恣,僧團必須調查此事。如果僧團知道 X 不稱職或無知,則會推翻他的取消,繼續進行自恣。否則,他們會詢問他計劃提出的指控。由於在這種情況下 Y 沒有權利拒絕許可,他可能會受到濫用或惡意指控。因此,僧團有責任就 X 對指控的一般了解以及他對 Y 的指控的具體細節,對 X 進行徹底的詢問(參見《大品》.四.16.10-16《佛教比丘戒律 第二冊》第十六章)。如果僧團發現他的回答無知且前後矛盾,則可以推翻該取消。但是,如果他們發現他的回答既有見地又前後一致,他們就應該按照下文所述轉而審問 Y。
It is also possible to bring up an accusation in a Community meeting on a day other than that of the Pāṭimokkha or the Invitation, but the Canon does not prescribe any special preliminaries for this case. Given the need to have a well-informed assembly, it would be wise to follow the pattern for the Pāṭimokkha meeting and to begin the proceedings with a period of questions and answers about Vinaya rules touching on the proposed accusation. 在《波羅提木叉》聚會或自恣聚會以外的其他日子,也可以在僧團聚會上提出指控,但《聖典》並未對此情況規定任何特殊的程序。鑑於需要確保僧團成員[集眾]充分了解情況,明智的做法是遵循《波羅提木叉》聚會的模式,與被提出的指控相關的律藏戒條進行問答環節來開始訴訟程序。
If, in situations where Y has the right to refuse to give leave, he does give leave to X, the next step is for X formally to level his charge against Y, after which Y is interrogated—literally, “made to remember”—whether he can recall having committed the offense in question. Although he can be dealt with only in accordance with what he admits to having done (Mv.IX.6.1-4), Cv.IV.14.29 shows that the other bhikkhus are not to take his first statement at face value. 如果 Y 有權拒絕給予許可的情況下,卻仍然給予 X 許可,那麼下一步就是 X 正式向 Y 提出指控,之後 Y 會被盤問——字面意思是「讓其回憶」——他是否可以記得自己犯過所指控的罪行。雖然只能按照他承認所做者來處理之(《大品》.九.6.1-4),但《小品》.四.14.29 表明,其他比丘不應憑表面就相信他的第一次陳述。
“There is the case where a bhikkhu, in the midst of the Community, charges (another) bhikkhu with a heavy offense: ‘Does the venerable one recall having committed a heavy offense of this sort, a pārājika or bordering on a pārājika?’ He (the other) says, ‘No….’ He (the first) presses the one who denies this, ‘Please, venerable sir, very carefully ascertain whether you recall having committed a heavy offense of this sort, a pārājika or bordering on a pārājika.’ The second one says, ‘I don’t recall having committed a heavy offense of this sort… but I do remember having committed a trifling offense of this sort.’ The first one presses the one who denies this, ‘Please, venerable sir, very carefully ascertain whether you recall having committed a heavy offense of this sort, a pārājika or bordering on a pārājika.’ The second one says, ‘Look. Unasked, I have admitted to having committed a trifling offense. How would I, when asked, not admit to having committed a heavy offense…?’ The first one says, ‘You look, friend. (Before,) when you were unasked, you didn’t admit to having committed (your) trifling offense. So how would you, when unasked, admit to having committed a heavy offense?”
「有這樣的情況:一位比丘在僧團中指控(另一位)比丘犯了重罪:『具壽,你是否記得犯過這種重罪,《波羅夷》或相似《波羅夷》?』他(另一位比丘)說:『沒有…』他(第一位比丘)追問否認者:『具壽,請仔細確認您是否記得自己曾經犯下這種重罪,《波羅夷》或相似《波羅夷》。』第二位比丘說:『我不記得犯過這種重罪……但我記得犯過這種輕微罪。』第一位比丘追問否認者:『具壽,請仔細確認您是否記得自己曾經犯下這種重罪,《波羅夷》或相似《波羅夷》。』第二位比丘說:『聽著,沒人問起,我就承認犯了輕微罪。當有人問起,我怎麼可能不承認犯了重罪呢…?』第一位比丘說:『看,朋友。(之前,)當沒人問你的時候,你連輕微罪都不承認。那麼,當被問到的時候,你又怎麼可能承認自己犯了重罪呢?」
The accuser should press and cross-examine the accused in this way until the Community is satisfied that the accused is telling the truth, and only then may they pass one of three verdicts: 指控者應以此方式對被指控者進行盤問和交叉詢問,直到僧團確信被指控者所言屬實,然後才能作出以下三種判決之一:
1) If he is innocent of the offense and can convince the group of his innocence, he is to request a verdict of mindfulness—expressing the request three times—and the Community is to give it to him by means of a formal motion with three proclamations. (See Appendix IX.)
1)如果他無罪,並且能夠說服團體相信他的清白,他應當請求正念判決——提出三次請求——僧團應當藉由一白三羯磨(白四羯磨)[一次正式動議和三次宣告]給予他正念判決。(參見附錄九。)

(未完待續)