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Capítulo 4: Los Blogs y los públicos

4.3. Casos

The Parivāra Pāḷi is known as the concluding text of the Vinaya Piṭaka. It was written much later than the Suttavibhaṁga and the Khandhakas. It has nineteen chapters. It can be mentioned as a manual of instruction in the Vinaya Piṭaka. It is regarded as „a short manual comprising a short of catechism on the whole Vinaya arranged for the instruction.“

But it occupies an important place in the history of Pāli literature. Because it contributes much to the study of the Vinaya literature, it is like a key which unlocks the subject-matter of the Suttavibhaṁga and the Khandhakas. Most probably it was composed in Ceylon (Sri Lanka) by a monk Dīpa. The Paravarapatha describes that it was composed by „the highly wise, learned and skillful Dīpa, after he had inquired here and there into the methods followed by former teachers.“

»Pubbacāriyamaggañca pucchitvā va tahiṃ dīpa nāma mahāñña sutadhara vicakkhane imaṃ vitthārassaṃ khepaṃ sajjhāmaggena majjhime cintayitvā likhāposi sissapānaṃ sukhāvahaṃ.«

In a verse towards the close of the Parivāra it is mentioned that Dīpa composed it after making investigations about the path followed by the respectable persons who belonged to the earlier period. In an introductory verse of the Parivarapatha there is a description of Mahinda in Sri Lanka. It also refers to certain noted Theras like Arittha, who was the sister's son of Devānampiya Tissa, the king of Sri Lanka.. Its first chapter gives an account of the Vinayadhara. This list is important no doubt in the history of the Buddhist Saṁghas of India and Sri Lanka.

M. Winternitz says: „It is very similar to the Anukramanis and Parisistasof and Veda and the Vedāṁga texts.“ I. B. Horner mentions the Parivarapatha. He says he has seen the Parivāra called „a digest of the entire Vinaya Piṭaka, setting forth the method of teaching the Vinaya.“

The word „Pari“ is „all round,“ „surrounding“ and the word „vara“ means „time,“ „opportunity.“ In Sanskrit the word „vara“ means „anything which covers or surrounds,“ „a cover,“ „a multitude,“ „quantity“ and „covering,“ „surroundings.“ Thus the Parivara covers, surrounds, encircles and encompasses the various matters mentioned in the Suttavibhaṃga and the Khandhakas.

PARIVĀRA PĀḶI

Parivāra Pāḷi which is Book V and the last book of the Vinaya Piṭaka serves as a kind of manual. It is compiled in the form of a catechism, enabling the reader to make an analytical survey of the Vinaya Piṭaka. All the rules, official acts, and other matters of the Vinaya are classified under separate categories according to subjects dealt with.

Parivāra explains how rules of the Order are drawn up to regulate the conduct of the bhikkhus as well as the administrative affairs of the Order. Precise procedures are prescribed for settling of disputes and handling matters of jurisprudence, for formation of Saṅgha courts and appointment of well-qualified Saṅgha judges. It lays down how Saṅgha Vinicchaya Committee, the Saṅgha court, is to be constituted with a body of learned Vinayadharas, experts in Vinaya rules, to hear and decide all kinds of monastic disputes.

The Parivāra Pāḷi provides principles and guidance in the spirit of which all the Saṃgha Vinicchaya proceedings are to be conducted for settlement of monastic disputes.

666ADHIKARANASAMATHA

The Buddhist monastic legislation comes in the Khandhakas under the section Samathakhandhaka. There are seven Adhikaranasamatha. They were very important for the purpose of maintaining unity and peace among the monks in the monastery. When a large number of monks are living in the

monastery various problems naturally arise. There should be some method or some persons responsible to settle such problems. By this (7) kinks of Adhikaranasamatha, it was able to find out who is guilty and who is in innocent accordingly the gravity of the offence being considered the cases are duly settled. The following are (7) Adhikaranasamatha.

1. SammukhAvinaya- verdict in the presence of 2. Sativinay- verdict in innocence

3. AmUlhavinaya- verdict of past insanity

4. PatiGGatakarana- carrying out the acknowledgement 5. YebhuyyasikA- by the decision of the majority

6. TassapApiyyasikA- an act of condemnation for shameless behaviour 7. TinavatthAraka- by the covering up of grass

SammukhAvinaya: according to this method recognizing is done by realizing the offence and no penalties should be done on the offender in his absence. The verdict should be given in the presence of one who has done the false. In the Vinaya text it is said that, it is a Dukkata offence to give a

punishment when the offender is absent. This is very important and considered as pre-requisite in forms of Adhikaranasamatha.

Sativinaya and Amulhavinaya: these two provide against possible discourage of justice in monastic administration. The law is to be carried on with human consideration and not be done through malice, jealousy, or prejudice.

The Sativinaya is intended for the exoneration of a guiltless monks falsely accused by malice party. Therefore, Sativinaya is actually for verdict of innocence.

The Amulhavinaya seeks exception for offences committed in a state of unsound mind. Vinaya is always against offenders who claimed falsely, pretending to be unsound.

PatiGGatakarana: It means the disciplinary action should be done with acknowledgement of the guilty monk. The monk who had committed the offence should understand his offence and he should accept the disciplinary action imposed on him.

Yebhuyyasika and Tinavattharaka: These two are different from the rest of the Adhikaranasamathas. They are not only interested in safeguarding the character of individual. But the y are also concerned with settling their dispute. By the decision of majority disputer are settled. The covering up of grass means collective disciplinary measure carried on safeguarding the character. In this case the offences treated are minor in character. They excluded major offences as Parajika and Sanghadisesa.

Tassapapiyyasika: It has a great deal more in common with the Danda Kammas as a means of maintaining order in the community. According to Samantabhasatika, it is the same as

Tajjaniyakamma. It is possible to punish and an offender who refuses to accept the judgement of the Sangha. It is carried out on one who deliberately lies and attempt to evade a charge laid upon him. According to Kankhavitarani, it would result in complete elimination from the monastic community, if a Parajika offence is committed or else a possible correction of a lesser offence.

Out of these (7) Adhikaranasamatha, the Yebhuyyasika is supposed to be the most complex when it is not possible to settle a monastic dispute. Within the monastery the Bhikkhu connected with it, should take the method to the member of another monastery who are greater in number by mutual agreement the monks would settle the dispute. Then the monk refers the method to select committee for

settlement. For the membership of the community not only good virtuous conduct was necessary. It was essential to have a through knowledge of Dhamma and Vinaya. If they still cannot solve the

problems it should be refer to the Mahasangha. By method of direct and indirect canvassing the Sangha must assure itself of a majority for a righteous cause. The three forms of voting are recommended. They are secret ballot, whispering in the ear and open ballot.

All these methods are carried on for the welfare of the community. It was necessary to preserve unity and harmony among the fellow monks. It is also very important to note that under the Patinnatakarana no punishment of penalty should be imposed without offender admitting his false. A monk who has committed on offence whether urged by others or not should recognise and confess it. He is then asked to address himself to a senior member of another and owning and admitting his offence under taken to guard himself in the future. In this manner each individual should be responsible to be free from offences in order to protect a purity of the community.

In this manner Adhikaranasamatha as part of the missionary for the maintenance of monastic

discipline, embrace a wider field of activity than the Patimokkha. They are not offences but are only methods and ways by means of which the collective organization of the Sangha may arrive at a

settlement of monastic dispute.

Penalties

According to judicial procedure laid down in the Pali texts to deal with offences committed by monks consist of an elaborated procedure for the hearing of case as well as execution of judgement. There are four forms of rules:

1. Vinaya rules formulated by the Buddha himself 2. SuttAnuloma- other relevant rules

3. Acariyavada- convention established by acknowledged teachers 4. Attanomati-personal view of Vinayadhamma

The Buddha prescribes the Vinaya rules with the view to achieving the follow ten purposes: 1. To establish the Sangha in a sound footing

2. To keep the Sangha free from trouble

3. To punish those who do not obey even after being punished 4. To guarantee the freedom of those who are peaceful

5. To keep member of the Sangha free from worldly defilement

6. To keep them free from of defilement, which may result in the future 7. To make non-believers, believe

8. To make believers double their faith 9. To establish the law

10. To strengthen the course of discipline

The primary purpose to guarantee the liberty of individual bhikkhu was to create a pleasant social atmosphere within and without the organization of Sangha. An attempt is made to ensure that

punishment is given only to the person who is guilty. The philosophy behind the method of punishment was to correct them and not to take revenge. Once a bhikkhu is convicted. He is not completely written off as an encourageable. But the Sangha would be quite willing to reinstate him and provided him to reform himself and amended his evil ways suitably. However in the case of those who are convicted of the four major offences there is no reinstatement. There is a specific procedure to be following the bhikkhu acting as judge should strictly follow the procedure. When a monk is brought before the court when charge with committing and offence, he is asked to explain what he has committed. The accused is given the opportunity to depend himself. When both to accuse and the component have placed. Their

fact, before the court, the Vinayadhara monk examine carefully the following six points: 1. The fact of the case as reported to the court

2. Relevant vinaya 3. Correct interpretaltion 4. The three-fold group of rules 5. Minor offences

6. The circumstances, which are not liable The Vinayadhara monks need qualification:

1. Through with law in all aspect 2. Guided by law and firm

3. Conversant with legal convention There are various type of penalties:

1. Tajjaniyakamma – act of censure 2. Nissaya kamma- act of sub-ordination 3. Pabbajaniya kamma- act of banishment 4. Patisaraniya kamma- act of reconciliation 5. Ukkhepaniya kamma- suspension 24/10/2001

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