Vinaya — Regras dos Monges (Bhikkhu Vibhaṅga) — Speaking evasively

1First substory
At one time when the Buddha was staying at Kosambī in Ghosita’s Monastery, Venerable Channa was misbehaving. Then, when he was examined about an offense in the midst of the Sangha, he spoke evasively, “Who has committed an offense? What offense was committed? In regard to what was it committed? How was it committed? Who are you talking about? What are you talking about?”

2The monks of few desires complained and criticized him, “How can Venerable Channa speak evasively when examined about an offense in the midst of the Sangha?”… “Is it true, Channa, 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 …” After rebuking him … he gave a teaching and addressed the monks: “Well then, monks, the Sangha should charge Channa with evasive speech. And he is to be charged like this. A competent and capable monk should inform the Sangha:

5‘Please, venerables, I ask the Sangha to listen. The monk Channa speaks evasively when examined about an offense in the midst of the Sangha. If the Sangha is ready, it should charge the monk Channa with evasive speech. This is the motion.

6Please, venerables, I ask the Sangha to listen. The monk Channa speaks evasively when examined about an offense in the midst of the Sangha. The Sangha is charging the monk Channa with evasive speech. Any monk who approves of charging the monk Channa with evasive speech should remain silent. Any monk who doesn’t approve should speak up.

7The Sangha has charged the monk Channa with evasive speech. The Sangha approves and is therefore silent. I will remember it thus.’”

8After rebuking Channa in many ways, the Buddha spoke in dispraise of being difficult to support … “And, monks, this training rule should be recited like this:

9Preliminary ruling
‘If a monk speaks evasively, he commits an offense entailing confession.’”

10In this way the Buddha laid down this training rule for the monks.

11Second substory
Later, when Channa was again being examined about an offense in the midst of the Sangha, he thought, “By speaking evasively I’ll commit an offense,” and he instead harassed the Sangha by remaining silent.

12The monks of few desires complained and criticized him, “When he’s examined about an offense in the midst of the Sangha, how can Venerable Channa harass the Sangha by remaining silent?” … “Is it true, Channa, that you did this?”

13“It’s true, sir.”

14The Buddha rebuked him … “Foolish man, how could you do this? This will affect people’s confidence …” After rebuking him … he gave a teaching and addressed the monks: “Well then, monks, the Sangha should charge Channa with harassment. And he is to be charged like this. A competent and capable monk should inform the Sangha:

15‘Please, venerables, I ask the Sangha to listen. The monk Channa, when examined about an offense in the midst of the Sangha, harasses the Sangha by remaining silent. If the Sangha is ready, it should charge the monk Channa with harassment. This is the motion.

16Please, venerables, I ask the Sangha to listen. The monk Channa, when examined about an offense in the midst of the Sangha, harasses the Sangha by remaining silent. The Sangha is charging the monk Channa with harassment. Any monk who approves of charging the monk Channa of harassment should remain silent. Any monk who doesn’t approve should speak up.

17The Sangha has charged the monk Channa with harassment. The Sangha approves and is therefore silent. I will remember it thus.’”

18After rebuking Channa in many ways, the Buddha spoke in dispraise of being difficult to support … “And so, monks, this training rule should be recited like this:

19Final ruling
‘If a monk speaks evasively or harasses, he commits an offense entailing confession.’”

20Definitions
One who speaks evasively:

21when being examined in the midst of the Sangha about an action that was the basis for an offense or about the class of an offense, he speaks evasively because he does not want to talk about it or reveal it, saying, “Who has committed an offense? What offense was committed? In regard to what was it committed? How was it committed? Who are you talking about? What are you talking about?”—this is called “one who speaks evasively”.

22One who harasses:

23when being examined in the midst of the Sangha about an action that was the basis for an offense or about the class of an offense, he harasses the Sangha by remaining silent because he does not want to talk about it or reveal it—this is called “one who harasses”.

24Permutations
If he has not been charged with evasive speech, but he is being examined in the midst of the Sangha about an action that was the basis for an offense or about the class of an offense, and he then speaks evasively because he does not want to talk about it or reveal it, saying, “Who has committed an offense? What offense was committed? In regard to what was it committed? How was it committed? Who are you talking about? What are you talking about?” then he commits an offense of wrong conduct.

25If he has not been charged with harassment, but he is being examined in the midst of the Sangha about an action that was the basis for an offense or about the class of an offense, and he then harasses the Sangha by remaining silent because he does not want to talk about it or reveal it, then he commits an offense of wrong conduct.

26If he has been charged with evasive speech, and he is being examined in the midst of the Sangha about an action that was the basis for an offense or about the class of an offense, and he then speaks evasively because he does not want to talk about it or reveal it, saying,

27“Who has committed an offense? What offense was committed? In regard to what was it committed? How was it committed? Who are you talking about? What are you talking about?” then he commits an offense entailing confession.

28If he has been charged with harassment, and he is being examined in the midst of the Sangha about an action that was the basis for an offense or about the class of an offense, and he then harasses the Sangha by remaining silent because he does not want to talk about it or reveal it, then he commits an offense entailing confession.

29If it is a legitimate legal procedure, and he perceives it as such, and he speaks evasively or he harasses, he commits an offense entailing confession. If it is a legitimate legal procedure, but he is unsure of it, and he speaks evasively or he harasses, he commits an offense entailing confession. If it is a legitimate legal procedure, but he perceives it as illegitimate, and he speaks evasively or he harasses, he commits an offense entailing confession.

30If 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, he commits an offense of wrong conduct.

31Non-offenses
There is no offense: if he asks because he does not know; if he does not speak because he is sick; if he does not speak because he thinks there will be quarrels or disputes in the Sangha; if he does not speak because he thinks there will be a fracture or schism in the Sangha; if he does not speak because he thinks the legal procedure will be illegitimate, done by an incomplete assembly, or done to one who does not deserve a legal procedure; if he is insane; if he is the first offender.

32The training rule on speaking evasively, the second, is finished.