Overview

The Buddha established a highly sophisticated legal framework to maintain peace within the monastic Saṅgha. When legal questions, disciplinary issues, or disputes over the Dhamma arise, the monks must resolve them using one or more of these seven strictly defined legal procedures (Adhikaraṇasamatha).

The List

  1. Sammukhāvinaya - Settlement in the presence: The foundational rule. The dispute must be settled in the physical presence of the Saṅgha, the Dhamma, the Vinaya, and the individuals involved.
  2. Sativinaya - Settlement by mindfulness: A formal declaration of innocence given to a fully enlightened Arahat who has been falsely accused, confirming they are perfectly mindful and incapable of the offense.
  3. Amūḷhavinaya - Settlement by past insanity: A formal pardon given to a monk who committed an offense while genuinely insane, absolving them of the guilt now that they have recovered.
  4. Paṭiññātakaraṇa - Settlement by acknowledgment: The standard procedure for a monk who confesses to a minor rule violation, whereby the penalty is carried out based purely on his own admission.
  5. Yebhuyyasikā - Settlement by majority vote: Using ticket-voting (salākā) to settle a dispute when the Saṅgha cannot reach a unanimous agreement.
  6. Tassapāpiyyasikā - Settlement by specific depravity: A severe formal act carried out against a monk who is evasive, lies, and refuses to confess when questioned during a legal proceeding.
  7. Tiṇavatthāraka - Settlement by covering with grass: A mutual amnesty. When a dispute has become so messy and widespread that investigating it would destroy the Saṅgha, the monks collectively agree to “cover it over like grass,” mutually forgiving all minor offenses and starting fresh.

Textual References

  • Canonical: Sāmagāma Sutta (MN 104) – The Buddha details these seven legal principles.
  • Canonical: Pāṭimokkha (Vinaya) – These seven form the final section of the monastic rule code.

Updated: