Vinaya — Regras dos Monges (Bhikkhu Vibhaṅga) — Sitting with a woman in a concealed place

1Venerables, these two undetermined rules come up for recitation.

2Origin story
At one time the Buddha was staying at Sāvatthī in the Jeta Grove, Anāthapiṇḍika’s Monastery. At that time Venerable Udāyī was associating with and visiting a number of families in Sāvatthī. On one occasion one of the families that supported him gave their daughter in marriage to the son of another family. Soon afterwards Venerable Udāyī robed up in the morning, took his bowl and robe, and went to the first of those families. When he arrived, he asked where the daughter was, and he was told that she had been given to another family. That family too supported Udāyī. He then went there and again asked where the girl was. They said, “She’s sitting in her room.” He went up to that girl, and the two of them sat down alone in private on a concealed seat suitable for the deed. When they were able, they chatted; otherwise he gave her a teaching.

3At that time Visākhā Migāramātā had many healthy children and grandchildren. As a consequence, she was considered auspicious. At sacrifices, ceremonies, and celebrations people would feed Visākhā first. Just then she had been invited to that family that supported Udāyī. When she arrived, she saw him sitting alone with that girl, and she said to him, “Venerable, it’s not appropriate for you to sit down in private alone with a woman on a concealed seat suitable for the deed. You may not be aiming at that act, but it’s hard to convince people with little confidence.” But Udāyī did not listen. After leaving, Visākhā told the monks what had happened. The monks of few desires complained and criticized him, “How could Venerable Udāyī sit down in private alone with a woman on a concealed seat suitable for the deed?”

4After rebuking Udāyī in many ways, they told the Buddha. Soon afterwards he had the Sangha gathered and questioned Udāyī: “Is it true, Udāyī, that you did this?”

5“It’s true, sir.”

6The 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:

7Final ruling
‘If a monk sits down in private alone with a woman on a concealed seat suitable for the deed, and a trustworthy female lay follower sees him and accuses him of an offense entailing expulsion, an offense entailing suspension, or an offense entailing confession, then, if he admits to the sitting, he is to be dealt with according to one of these three or according to what that trustworthy female lay follower has said. This rule is undetermined.’”

8Definitions
A:

9whoever …

10Monk:

11… 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.

12A woman:

13a human female, not a female spirit, not a female ghost, not a female animal; even a girl born on that very day, let alone an older one.

14With:

15together.

16Alone:

17just the monk and the woman.

18In private:

19private to the eye and private to the ear.

20Private to the eye:

21one is unable to see them winking, raising an eyebrow, or nodding.

22Private to the ear:

23one is unable to hear ordinary speech.

24Concealed seat:

25it is concealed by a wall, a screen, a door, a cloth screen, a tree, a pillar, a grain container, or anything else.

26Suitable for the deed:

27one is able to have sexual intercourse.

28Sits down:

29the monk sits down or lies down next to the seated woman. The woman sits down or lies down next to the seated monk. Both are seated or both are lying down.

30Trustworthy:

31she has attained the fruit, she has broken through, she has understood the instruction.

32Female lay follower:

33she has gone for refuge to the Buddha, the Teaching, and the Sangha.

34Sees:

35having seen.

36If she accuses him of an offense entailing expulsion, an offense entailing suspension, or an offense entailing confession, then, if he admits to the sitting, he is to be dealt with according to one of these three or according to what that trustworthy female lay follower has said:

37If she accuses him like this: “I’ve seen you seated, having sexual intercourse with a woman,” and he admits to that, then he is to be dealt with for the offense. If she accuses him like this: “I’ve seen you seated, having sexual intercourse with a woman,” but he says, “It’s true that I was seated, but I didn’t have sexual intercourse,” then he is to be dealt with for the sitting. If she accuses him like this: “I’ve seen you seated, having sexual intercourse with a woman,” but he says, “I wasn’t seated, but lying down,” then he is to be dealt with for the lying down. If she accuses him like this: “I’ve seen you seated, having sexual intercourse with a woman,” but he says, “I wasn’t seated, but standing,” then he is not to be dealt with.

38If she accuses him like this: “I’ve seen you lying down, having sexual intercourse with a woman,” and he admits to that, then he is to be dealt with for the offense. If she accuses him like this: “I’ve seen you lying down, having sexual intercourse with a woman,” but he says, “It’s true that I was lying down, but I didn’t have sexual intercourse,” then he is to be dealt with for the lying down. If she accuses him like this: “I’ve seen you lying down, having sexual intercourse with a woman,” but he says, “I wasn’t lying down, but seated,” then he is to be dealt with for the sitting. If she accuses him like this: “I’ve seen you lying down, having sexual intercourse with a woman,” but he says, “I wasn’t lying down, but standing,” then he is not to be dealt with.

39If she accuses him like this: “I’ve seen you seated, making physical contact with a woman,” and he admits to that, then he is to be dealt with for the offense. … “It’s true that I was seated, but I didn’t make physical contact,” then he is to be dealt with for the sitting. … “I wasn’t seated, but lying down,” then he is to be dealt with for the lying down. … “I wasn’t seated, but standing,” then he is not to be dealt with.

40If she accuses him like this: “I’ve seen you lying down, making physical contact with a woman,” and he admits to that, then he is to be dealt with for the offense. … “It’s true that I was lying down, but I didn’t make physical contact,” then he is to be dealt with for the lying down. … “I wasn’t lying down, but seated,” then he is to be dealt with for the sitting. … “I wasn’t lying down, but standing,” then he is not to be dealt with.

41If she accuses him like this: “I’ve seen you seated in private alone with a woman on a concealed seat suitable for the deed,” and he admits to that, then he is to be dealt with for the sitting. … “I wasn’t seated, but lying down,” then he is to be dealt with for the lying down. … “I wasn’t seated, but standing,” then he is not to be dealt with.

42If she accuses him like this: “I’ve seen you lying down in private alone with a woman on a concealed seat suitable for the deed,” and he admits to that, then he is to be dealt with for the lying down. … “I wasn’t lying down, but seated,” then he is to be dealt with for the sitting. … “I wasn’t lying down, but standing,” then he is not to be dealt with.

43Undetermined:

44not determined. It is either an offense entailing expulsion, an offense entailing suspension, or an offense entailing confession.

45Permutations
If he admits to going, and he admits to sitting, and he admits to an offense, he is to be dealt with for the offense. If he admits to going, but he does not admit to sitting, yet he admits to an offense, he is to be dealt with for the offense. If he admits to going, and he admits to sitting, but he does not admit to an offense, he is to be dealt with for the sitting. If he admits to going, but he does not admit to sitting, nor does he admit to an offense, he is not to be dealt with.

46If he does not admit to going, but he admits to sitting, and he admits to an offense, he is to be dealt with for the offense. If he does not admit to going, nor does he admit to sitting, but he admits to an offense, he is to be dealt with for the offense. If he does not admit to going, but he admits to sitting, yet he does not admit to an offense, he is to be dealt with for the sitting. If he does not admit to going, nor does he admit to sitting, nor does he admit to an offense, he is not to be dealt with.

47The first undetermined offense on sitting with a woman in a concealed place is finished.