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1. 'There are three things, O Bhikkhus, by which, when a Tajjaniya-kamma is characterised, it is against the Dhamma, and against the Vinaya, and difficult to be settled; (that is to say), when it has not been carried out in a full assembly of properly qualified persons, 'according to law and justice, and in the presence of the litigant parties^[2]鈥攚hen it has been carried out without the accused person having been heard鈥攚hen it has been carried out without the accused person having confessed himself guilty. A Tajjaniya-kamma, O Bhikkhus, characterised by these three things is against the Dhamma, and against the Vinaya, and difficult to be settled.

'There are other three things, O Bhikkhus, by which, when a Tajjaniya-kamma has been characterised, it is against the Dhamma, and against the Vinaya, and difficult to be settled; (that is to say), when it has been carried out though no fault has been committed鈥攚hen it has been carried out for a 笔腻谤腻箩颈办补 or a Sa峁僩h膩disesa offence^[3]鈥攚hen it has been carried out though the fault has been confessed. A Tajjaniya-kamma, O Bhikkhus, characterised (&c., as before, down to) settled.

There are other three things, O Bhikkhus, by which, when a Tajjaniya-kamma has been characterised, it is against the Dhamma, and against the Vinaya, and difficult to be settled; (that is to say), when it has been carried out without the accused person having been warned鈥攚hen it has been carried out without the accused person having been called upon to remember (whether he has or has not committed the offence)鈥攚hen it has been carried out without the accused person having been convicted. A Tajjaniya-kamma, O Bhikkhus, characterised (&c., as before, down to) settled.

'There are other three things, O Bhikkhus, by which, when a Tajjaniya-kamma has been characterised, it is against the Dhamma, and against the Vinaya, and difficult to be settled; (that is to say), when it has not been carried out in a properly constituted meeting properly conducted^[4]鈥攚hen it has been carried out without justice^[5]鈥攚hen it has been carried out without the presence and approval of all the Bhikkhus belonging to the particular circuit^[6]. A Tajjaniya-kamma, O Bhikkhus, characterised by these three things is (&c., as before, down to) settled.

There are other three things, O Bhikkhus, by which, when a Tajjaniya-kamma has been characterised, it is against the Dhamma, and against the Vinaya, and difficult to be settled; (that is to say), when it has been carried out without the accused person having been heard鈥攚hen it has been carried out without justice鈥攚hen it has been carried out without the presence and approval of all the Bhikkhus belonging to the circuit. A Tajjaniya-kamma, O Bhikkhus, characterised by these three things is (&c., as before, down to) settled.

'There are other three things (&c., as before, down to) that is to say, when it has been carried out without the accused person having been convicted鈥攚hen it has been carried out without justice鈥攚hen it has been carried out without the presence and approval of all the Bhikkhus belonging to the circuit.'

[And in a similar way each of the three things in paragraphs 2 and 3 of this section are united with the two things just repeated in each of paragraphs 4, 5, and 6, to make six further cases in which a Tajjaniya-kamma is declared to be against the Dhamma, and against the Vinaya, and difficult to be revoked.]

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Here end the twelve cases of a proceeding (Kamma) which is against the law.

Footnotes and references:

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[1]:

Repeated below, chapters Io, 14, and 19.

[2]:

All these details are involved in the meaning of the technical term asammukhat膩, which is fully explained in Cullavagga IV, 14, 16, and following.

[3]:

Buddhaghosa says, Adesan膩g膩miniy膩 ti P膩r膩jik膩pattiy膩 v膩 Sa峁僩h膩dises膩pattiy膩 v膩.

[4]:

As in the first paragraph of this section more fully described, The word here used is the same.

[5]:

Adhammena; perhaps 'contrary to the Rules.'

[6]:

Vaggena for vi + aggena, the opposite of samaggena. See our note on the 21st P膩cittiya, and Mah膩vagga IX, 3, 5.