Vinaya — Regras dos Monges (Bhikkhu Vibhaṅga) — Using assigned property that has not been relinquished

1Origin story
At one time when the Buddha was staying at Sāvatthī in Anāthapiṇḍika’s Monastery, Venerable Upananda the Sakyan assigned the ownership of a robe to a monk who was his brother’s student. He then used that robe without that monk having relinquished it. That monk told the monks, “Venerable Upananda is using a robe that he had assigned to me, even though I haven’t relinquished it.”

2The monks of few desires complained and criticized Upananda, “How could Venerable Upananda use a robe he had assigned to a monk, without that monk first relinquishing it?” … “Is it true, Upananda, that you did this?”

3“It’s true, sir.”

4The Buddha rebuked him … “Foolish man, how could you do this? This will affect people’s confidence …” … “And, monks, this training rule should be recited like this:

5Final ruling
‘If a monk himself assigns the ownership of a robe to a monk, a nun, a trainee nun, a novice monk, or a novice nun, and he then uses it without the other first relinquishing it, he commits an offense entailing confession.’”

6Definitions
A:

7whoever …

8Monk:

9… The monk who has been given the full ordination by a unanimous Sangha through a legal procedure consisting of one motion and three announcements that is irreversible and fit to stand—this sort of monk is meant in this case.

10To a monk:

11to another monk.

12A nun:

13she has been given the full ordination by both Sanghas.

14A trainee nun:

15one training for two years in the six rules.

16A novice monk:

17a male training in the ten training rules.

18A novice nun:

19a female training in the ten training rules.

20Himself:

21having himself done the assignment.

22A robe:

23one of the six kinds of robe-cloth, but not smaller than what can be assigned to another.

24Assigns the ownership of:

25there are two kinds of assignment: assignment in the presence of and assignment in the absence of.

26Assignment in the presence of:

27one should say, “I assign this robe-cloth to you,” or “I assign this robe-cloth to so-and-so.”

28Assignment in the absence of:

29one should say, “I give this robe-cloth to you for the purpose of assigning it.” The other should ask, “Who is your friend or companion?” One should reply, “So-and-so and so-and-so.” The other should say, “I give it to them. Please use their property, give it away, or do as you like with it.”

30Without it first being relinquished:

31if it is not given to him or he uses it without taking it on trust, he commits an offense entailing confession.

32Permutations
If it has not been relinquished, and he perceives that it has not, and he uses it, he commits an offense entailing confession. If it has not been relinquished, but he is unsure of it, and he uses it, he commits an offense entailing confession. If it has not been relinquished, but he perceives that it has, and he uses it, he commits an offense entailing confession.

33If he determines it or gives it away, he commits an offense of wrong conduct. If it has been relinquished, but he perceives that it has not, he commits an offense of wrong conduct. If it has been relinquished, but he is unsure of it, he commits an offense of wrong conduct. If it has been relinquished, and he perceives that it has, there is no offense.

34Non-offenses
There is no offense: if the other person gives it or he uses it after taking the other person’s property on trust; if he is insane; if he is the first offender.

35The training rule on using assigned property that has not been relinquished, the ninth, is finished.