9. Dutiyaduṭṭhadosa sikkhāpada
The Buddha was residing at Veḷuvanamonastery in Sāvatthi. At that time the followers of Mettiyaand Bhummajaka, descending from Vulture Peak Mountain , saw a he-goat copulating with a she-goat. Seeing them, they said, 'Look here, friends, let us name this he-goat Dabba, and this she-goat Mettiya Bhikkhuni. Then we will phrase it like this: "Before, my friends, we accused Dabba on the basis of what we had heard, but now we have seen him with our very own eyes fornicating with Mettiya Bhikkhuni." Eventually they did so; then the Buddha laid down this sikkhāpada:
Yo pana bhikkhu bhikkhuṃ duṭṭho doso appatīto aññabhāgiyassa adhikaraṇassa kiñcidesaṃ lesamattaṃ upādāya pārājikena dhammena anuddhaṃseyya "Appeva nāma naṃ imamhā bramhacariyā cāveyyan'ti, tato aparena samayena samanuggāhīyamāno vā asamanuggāhīyamāno vā aññabhāgiyañceva taṃ adhikaraṇaṃ hoti kocideso lesamatto upādinno, bhikkhu ca dosaṃ patiṭṭhāti, saṃghādiseso.
Should any bhikkhu, being angry, desirous of venting anger, and displeased, accuse a bhikkhu of pārājika offence making use of only some of the facts (pretexts) of a legal process concerning another being, thinking thus, "Probably with this accusation I may make him fall from the holy life", and afterwards whether he is examined or not, that legal process based on some facts relating to another being and the bhikkhu admits to the wrongdoing, this entails Saṃghādisesa offence.
Seven factors
1.===>5. Same wth the factors of Paṭhamaduṭṭhadosa Sikkhāpada.
6. Aññabhāgiyassa adhikaraṇassa kiñcidesaṃ lesamattaṃ upādāya =
= Using a pretext pointed out by Adhikaraṇa connected with the accused.
Ten pretexts
1. pretext of birth.
2. pretext of name.
3. pretext of family.
4. pretext of characteristic.
5. pretext of offence.
6. pretext of an alms-bowl.
7. pretext of a robe.
8. pretext of a teacher.
9. pretext of a preceptor.
10. pretext of lodging.
Four legal cases (adhikaraṇa)
1. vivādādhikaraṇa = a case arising out of dispute.
2. anuvādādhikaraṇa = a case arising out of censure.
3. āpattādhikaraṇa = a case arising out of offence.
4. kiccādikaraṇan = a case arising out of obligation.
N.B -Here in this paṭhama and dutiya duṭṭhadosa sikkhāpada, only the āpattādhikaraṇa is needed.
Āpattibheda
No | The offence one commits is seen by him | The offence he accuses or he makes accuse | The result |
1. | Saṃghādisesa offence | Pārājika offence | Saṃghādisesa offence |
2. | Thullaccaya offence | ||
3. | Pācittiya offence | ||
4. | Pāṭidesanīya offence | ||
5. | Dukkatṭa offence | ||
6. | Dubbhāsita offence |
anāpatti
Anāpatti tathāsaññī codeti vā codāpeti vā ummattakassa ādikammika.
There is no offence if, thinking what is true, he reprimands him, or causes him to be
reprimanded, if he is mad, if he is a first offender.
Summary:
A monk should not accuse another monk of pārājika offence using some pretexts of a legal process which based on some facts concerning another beings.
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