Vinaya — Regras dos Monges (Bhikkhu Vibhaṅga) — Reopening a settled legal issue

1Origin story
At one time the Buddha was staying at Sāvatthī in the Jeta Grove, Anāthapiṇḍika’s Monastery. At that time the monks from the group of six were reopening a legal issue that they knew had been legitimately settled, saying, “The legal procedure hasn’t been done;” “It’s been done badly;” “It should be done again;” “It hasn’t been settled;” “It’s been badly settled;” “It should be settled again.”

2The monks of few desires complained and criticized them, “How can the monks from the group of six reopen a legal issue that they know has been legitimately settled?” … “Is it true, monks, that you’re doing this?”

3“It’s true, sir.”

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

5Final ruling
‘If a monk reopens a legal issue that he knows has been legitimately settled, 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.

10He knows:

11he knows by himself or others have told him or the Sangha has told him.

12Legitimately:

13done according to the Teaching, according to the Monastic Law, according to the Teacher’s instruction—this is called “legitimately”.

14A legal issue:

15there are four kinds of legal issues: legal issues arising from disputes, legal issues arising from accusations, legal issues arising from offenses, legal issues arising from business.

16Reopens:

17if he reopens it, saying, “The legal procedure hasn’t been done;” “It’s been done badly;” “It should be done again;” “It hasn’t been settled;” “It’s been badly settled;” “It should be settled again,” he commits an offense entailing confession.

18Permutations
If it is a legitimate legal procedure, and he perceives it as such, and he reopens it, he commits an offense entailing confession. If it is a legitimate legal procedure, but he is unsure of it, and he reopens it, he commits an offense of wrong conduct. If it is a legitimate legal procedure, but he perceives it as illegitimate, and he reopens it, there is no offense.

19If it is an illegitimate legal procedure, but he perceives it as legitimate, he commits an offense of wrong conduct. If it is an illegitimate legal procedure, but he is unsure of it, he commits an offense of wrong conduct. If it is an illegitimate legal procedure, and he perceives it as such, there is no offense.

20Non-offenses
There is no offense: if he reopens it because he knows that the legal procedure was illegitimate, done by an incomplete assembly, or done against one who did not deserve it; if he is insane; if he is the first offender.

21The training rule on reopening a settled legal issue, the third, is finished.