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p. 30

12.

1. 'There are five things, O Bhikkhus, which are necessary to the valid carrying out of the Tassapâpiyyasikâ-kamma. To wit--he is impure, he is shameless--a censure has been set on foot against him 1--the Samgha carries out the Kamma--it carries it out lawfully, and in a full quorum.

2. 'There are three things, O Bhikkhus, by which, when a Tassa-pâpiyyasikâ-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--when it has been carried out without the accused person having been heard--when it has been carried out without the accused person having confessed himself guilty.

'These are the three things, O Bhikkhus, by which, when a Tassa-pâpiyyasikâ-kamma is characterised, it is against the Dhamma, and against the Vinaya, and difficult to be settled.

There are three things by which (and as in last paragraph) it is in accordance with the Dhamma, and in accordance with the Vinaya, and easy to be settled; (that is to say), when it has been [&c., the rest of this paragraph is the reverse of the last] 2.'

p. 31

3. [This paragraph exactly corresponds to Kullavagga I, 4, paragraph 1, as to the three cases in which the Samgha, if it likes, may carry out the Tassa-pâpiyyasikâ-kamma against a Bhikkhu.]

4. [In this paragraph the 'right conduct' for a Bhikkhu who has been subjected to this Kamma is laid down precisely as in I, 5 for a Bhikkhu subjected to the Tagganiya-kamma.]

Then the Samgha carried out the Tassa-pâpiyyasikâ-kamma against Uvâla the Bhikkhu.


Footnotes

30:1 Compare the use of anuvâdo in Kullavagga I, 5.

30:2 These paragraphs exactly correspond to paragraphs at Kullavagga I, 2. It is probably merely owing to this repetition that it is here also prescribed that the accused person must confess p. 31 himself guilty, as it must be evident from the Introductory Story, that he will not do so.


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