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### Chapter Nineteen

## Penance & Probation

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As mentioned in Chapter 12, the procedures for settling the most complicated offense-issue -- the incurring of a sanghadisesa offense -- involve a series of duty-issues, or Community transactions. In the conclusion to Chapter 5 of Volume One we presented these procedures in a brief sketch. The purpose of this chapter is to provide a more complete outline of these procedures, and to fill in the outline with enough detail to provide a guide for its practical application.

The procedures for settling an offense are called vutthana-vidhi -- literally, the course for getting up. The term "getting up" plays on the literal meaning of the Pali word for offense, apatti, or "falling down." The purpose of the vutthana-vidhi is to enable a bhikkhu who has stumbled in his practice to get up and continue on his way. This is an important point to bear in mind, and one we will encounter again in the following chapter: that these disciplinary measures are aimed, not at retribution, but at rehabilitation. In other words, they are not meant to make the offender suffer as a way of paying off his crimes, but rather as a way of teaching him the hiri and ottappa -- the sense of conscience and fear of the consequences of his actions -- that he will need to keep from stumbling again.

The vutthana-vidhi for a sanghadisesa offense is as follows: A bhikkhu who commits a sanghadisesa offense must, before dawn of the following day, inform a fellow bhikkhu of what he has done. A Community of at least four bhikkhus must then meet and, at his request, grant him a six-day (literally, six-night) period of penance (manatta), during which he is deprived of certain rights and must observe certain duties. After he has completed his penance, a Community of at least twenty bhikkhus must meet and -- again at his request -- rehabilitate him.

If, however, he originally concealed his offense for any number of days, he cannot undergo penance until he has completed a period of probation (parivasa) equal to the number of days of concealment. As with penance, he must request a Community of at least four bhikkhus to grant him the period of probation; and, although there are slight differences in the details, probation further resembles penance in that it involves the curtailment of certain rights and the observance of certain duties.

If, at any time between the first Community meeting to grant penance or probation and the final meeting at which the bhikkhu is rehabilitated, he commits another sanghadisesa offense, he must again inform another bhikkhu, and then request a Community of at least four bhikkhus to "send him back to the beginning." In other words, they make him begin the procedure all over again. If either the original or the new offense was concealed for any number of days, he must start with a period of probation equal to the number of days that the longest-concealed offense was concealed. Only when this probation is completed may he ask for penance.

Thus, to make amends for a sanghadisesa offense, one must pass through at least two stages -- observing penance and deserving (waiting for) rehabilitation -- whereas in some cases, up to five stages may be involved: observing probation, deserving to be sent back to the beginning, deserving penance, observing penance, and deserving rehabilitation. Each of these five stages involves certain duties and restrictions. Penance has a few duties and restrictions that are peculiar to it, whereas the other four stages all have the same duties and restrictions in common.

An individual bhikkhu's path through these various stages depends on a number of contingencies: whether he has committed one or more than one offence; whether, if more than one, any of those offenses were committed while following the vutthana-vidhi; whether any of those offenses were concealed; whether, if any of those offenses were concealed, he can remember the precise number of days they were concealed; whether, when reporting his offense(s) to the Community, he actually tells them the true number of offenses and days of concealment; and whether he commits his offense(s) alone or together with another bhikkhu.

The Canon lists the courses to be followed for these contingencies on a case-by-case model, without providing an overview of the entire subject. The Commentary, using the term "penance" to cover the entire course of a vutthana-vidhi, provides an overview by dividing the various courses of vutthana-vidhi into two major sets: apaticchanna-manatta, penance for unconcealed offenses, and paticchanna-manatta, penance for concealed offenses. Under the latter set it places a large sub-set, samodhana-manatta, penance for combined offenses -- i.e., multiple offenses that are gathered together under a single course of penance -- which it further divides into three types. This analysis, however, does not capture all the possible variations, for there are cases where multiple unconcealed offenses can be covered by a single penance, with no need for probation, and the overview ignores the last two contingencies mentioned in the previous paragraph.

Thus, although our discussion will make use of the Commentary's terminology, we will have to adjust the terminology to provide a better fit for the contingencies actually mentioned in the Canon. After a few brief remarks about the formal statements and transactions used in the vutthana-vidhi, we will discuss penance first and probation second. Because the only constant factors in each stage are (1) the duties a bhikkhu is to observe while in that stage and (2) the penalties for not observing them, the discussion for each of these two stages will begin with these topics, followed by a section on practicalities involved in the simplest course through that particular stage. Then we will discuss factors that can complicate the course through either stage.

Formal statements & transactions. There are four types of formal statements involved in the vutthana-vidhi for sanghadisesa offenses:

> (1) the statement by which the offender informs another bhikkhu of his offense;
> (2) his requests for penance, probation, rehabilitation, etc.;
> (3) the transaction statements recited as part of the Community transactions in imposing penance, etc.; and
> (4) the notifications that the offender is required to give to the Community during the course of his penance, probation, etc.

The Canon sets no pattern for type (1). The Commentary quotes the Kurundi as saying that, when informing the other bhikkhu, the offender may word his announcement to the effect that "I inform you of an offense" or "I inform you of a heavy offense," but not, "I inform you of a light offense." According to Buddhaghosa, one may mention the class of offense (sanghadisesa), the grounds of the offense (e.g., intentional semen-emission), or both.

In the remaining three types of statements -- requests, transaction statements, and acts of notification -- the Canon sets a pattern in which statements are tailor-made to the individual case, giving a history of the offense and how the bhikkhu has handled his efforts to make amends for it. Examples of some of the more common patterns are given in Appendix III. For instance, if a bhikkhu undergoes probation and penance, but commits another sanghadisesa offense while awaiting rehabilitation and so must go back to the beginning to observe probation and penance all over again, then from that point on his requests, the Community's transaction statements, and his notifications to the Community must cite these facts each and every time. This, of course, requires a great deal of memorization, both for the offender and for the bhikkhu(s) who will have to recite the transaction statements. On top of this, all the transaction statements in these procedures consist of a motion and three proclamations, the longest possible form. From these facts it is hard to escape the conclusion that these procedures are designed to be a burden, both for the offender and for his fellow bhikkhus, and a special burden when an offender cannot behave himself properly in the course of undergoing the procedures. And from this it is hard to escape the further conclusion that this burden is intended to act as a deterrent to anyone who feels tempted to transgress or re-transgress any of the sanghadisesa rules.

One special requirement here -- which, according to the Commentary, applies only to transactions concerned with the vutthana-vidhi -- is that the quorum of bhikkhus performing any of the transactions may not be filled by another bhikkhu who is also undergoing any stage of the vutthana-vidhi. In other words, if the meeting contains such bhikkhus but the quorum is filled without counting them, the validity of the assembly is still fulfilled. If such bhikkhus need to be included to fill the quorum, it is not.

If, for any reason, the Community transactions for imposing probation, sending back to the beginning, imposing penance, or giving rehabilitation are invalid, the bhikkhu undergoing the vutthana-vidhi is not truly purified of his offense. Any aspects of the procedure that depended on an invalid transaction have to be repeated. For instance, if the only invalid transaction was the one giving rehabilitation, the only part of the procedure that has to be redone is the meeting for giving rehabilitation. If, however, the invalid transaction was the one giving probation, the Community must meet again to grant him a new probation, and the bhikkhu has to undergo probation, followed by all the subsequent steps, all over again. Thus the Community must be scrupulous in all its transactions in order to avoid saddling the bhikkhu in question with needless hardships.

Penance. The Canon states that penance should be observed for six nights, but there is some difference of opinion as to what this means. The Commentary follows the pattern given in Pc 5, Pc 49, etc., of counting "nights" as dawns. In other words, it maintains that one need observe the duties of penance only around the time of dawn for that night to count. The Vinaya Mukha, however, insists that the word "night" here means a full 24-hour period of night-and-day (this follows the definition of "night" in M.131; see the discussion in the conclusion to Chapter 5 in Volume One). The Vinaya Mukha's interpretation seems closer to the Canon, in that many of the restrictions that a bhikkhu observing penance must observe deal with activities not normally done at dawn.

Duties. A bhikkhu who is to undergo penance must first request it from the Community. Having arranged his robe over one shoulder, he approaches the assembled Community, bows down to the feet of the senior bhikkhus, and then sits in the kneeling position with his hands in añjali and states the request for penance as given in Appendix III. One of the bhikkhus -- experienced and competent -- then recites the transaction statement granting penance as given in Appendix III. This pattern is followed in other steps of the vutthana-vidhi as well: when a bhikkhu requests probation, asks to be sent back to the beginning, and requests rehabilitation.

The duties for a bhikkhu undergoing penance fall into three major sections, with the second section comprised of five sub-sections. They are:

> 1) Issues of seniority. He should not consent to a regular bhikkhu's performing any of the duties of respect for him. These include bowing down to him, standing up to greet him, performing añjali to him; bringing him a seat, bedding, water for washing his feet, a foot stand, a foot wiper; receiving his bowl and robe; scrubbing his back while bathing. However, a senior bhikkhu undergoing penance may consent when a junior bhikkhu who is also undergoing penance performs these duties for him. There are five areas, though, where a bhikkhu undergoing penance still maintains his seniority vis-à-vis regular bhikkhus: the uposatha, the Invitation, receiving rains-bathing-cloths, receiving offerings, and receiving food.

> According to the Commentary, "regular bhikkhu" here in section 1 and in section 2E means any bhikkhu not undergoing penance. Thus the term includes bhikkhus undergoing probation, deserving to be sent back to the beginning, deserving penance, and deserving rehabilitation. This principle applies to all five of the stages that a bhikkhu might go through in the course of his vutthana-vidhi: with regard to issues of seniority, bhikkhus in each group must treat the bhikkhus in any of the other four groups as they would regular bhikkhus.

> The Commentary further notes that if a bhikkhu undergoing penance has any bhikkhus living in dependence on him, he should tell them, "Don't perform your normal duties for me." If, having been told this, they continue to perform those duties anyway, he incurs no offense in consenting.

> As for the five areas where one continues to maintain seniority vis-à-vis regular bhikkhus, the Commentary states that when participating in the uposatha or Invitation, one should sit within hatthapasa, but there are differences of opinion among the ancient commentaries as to whether one should sit in line with normal seniority -- even though the Canon states clearly that seniority still obtains during these transactions. As for seniority with regard to offerings of cloth, food, etc., the Commentary states that this principle applies to receiving offerings given or dedicated to the Community. Thus, in terms of food, one maintains one's seniority in the rosters for Community meals and designated meals. However, in line with the duties mentioned under 2B, if invited to an invitational meal, one must sit at the end of the line of bhikkhus.

> 2) Proper conduct.

> > A. A bhikkhu undergoing penance should not give Acceptance, should not give dependence, and should not have a novice attend to him. [The Commentary notes here that he may set his penance-duties aside (see below) to act as a preceptor or a reciting teacher in an ordination ceremony, but it is hard to imagine that the new bhikkhu would feel inspired on finding out, the day after his ordination, that his preceptor is undergoing penance. A wiser policy would be to wait until one has been rehabilitated before resuming one's duties as preceptor. The Commentary adds that if one is undergoing penance, one should tell any pupils living in dependence on one to take dependence under another bhikkhu. However, as above, if they continue to perform their duties to him anyway after having been told this, one incurs no offense in consenting.]

> > A bhikkhu undergoing penance should not consent to an authorization to exhort the bhikkhunis. Even when authorized, he should not exhort them.

> > Whatever offense he was granted penance for, he should not commit that offense, or one of a similar sort, or one worse than that. He should not criticize the penance transaction or those who did the transaction. [Here the Commentary gives an example of what passed for a clever criticism in its day: "Was that transaction (kamma) an example of farming (kasi-kamma) or an example of cow-herding (gorakkha-kamma)?"]

> > He should not cancel a regular bhikkhu's uposatha or Invitation, should not get into a debate with a bhikkhu who has threatened to level an accusation against him (this is how the Commentary defines savacaniyam), should not function in a position of authority within the monastery. [Here the Commentary illustrates "functioning in a position of authority" with such actions as reciting the Patimokkha, inviting a fellow bhikkhu to give a Dhamma talk, or receiving formal authorization of any kind. The Sub-commentary, which was written in the time when monasteries began to have abbots, adds that he should not function as the senior member/abbot of the monastery in any way.]

> > He should not get another bhikkhu to give him leave in order to make an accusation; should not make a formal charge; should not make another bhikkhu testify as part of settling a formal charge; should not join bhikkhus in disputing with bhikkhus.

> > B. A bhikkhu undergoing penance should not walk or sit in front of a regular bhikkhu. He should not approach lay families with a regular bhikkhu as the contemplative who precedes him or follows him.

> > He should be presented with whatever is the Community's last seat, bed, and dwelling place, and he should accept it. He is not allowed to undertake the wilderness-dweller's practice or the alms-goer's practice as a way of avoiding the embarrassment of having lay people see him staying in the last dwelling in the monastery or sitting in the last seat in the refectory (in those days, an alms-goer would often take his meal at a quiet spot outside of the monastery). For the same reason, he should not have alms food sent to him (where he could eat it without having to go to the refectory and sit in the last seat). The prohibition against undertaking the wilderness-dweller's practice also serves to prevent him from living apart from a monastery where there is a full Community of bhikkhus. [The Commentary adds here that if one ordinarily goes for alms, it is all right to continue going. It is also allowable not to go for alms (i.e., to have food sent to one) if one is sick or has duties, such as construction work or duties to one's mentor. If, in the village where one goes for alms, there are so many bhikkhus from other monasteries also going for alms that it is inconvenient to inform them all (see 2C, below), one may go to undergo penance at another, more secluded monastery where the bhikkhus are one's friends. (This is the only passage in the texts indicating that a bhikkhu undergoing penance must inform not only the bhikkhus he encounters while in a monastery but also those he encounters while he is outside of a monastery. Because this statement comes in the Commentary, not all Communities follow it. In other words, they maintain -- in line with the Canon -- that a bhikkhu undergoing penance is duty-bound to inform only the bhikkhus he sees while he is on monastery grounds, either as a resident or as a visitor. See the next section.)]

> > C. When a bhikkhu undergoing penance has newly arrived at a monastery, he should notify the bhikkhus there of the fact that he is undergoing penance. He should also notify any bhikkhu who comes to the monastery where he is staying. Then, every day of his penance, he must notify all the bhikkhus in the monastery again. On uposatha and Invitation days he should give his notification during the Community meeting. If he is too sick to go himself on any of these occasions, he must send a messenger to give notification in his stead. [Here the Commentary adds if one finds out after a visitor has left that he has come, one should go to notify him. If one can't catch up with him, one's day doesn't count, but there is no offense. Even if the incoming bhikkhu comes only into the immediate vicinity of the monastery and one knows he is there, one must notify him. If one finds out later that he has passed by, then again, one should go to notify him. If one can't catch up with him, one's day doesn't count, but there is no offense. Even if simply seeing another bhikkhu from afar, one should notify him. On this point, however, the Commentary reports a disagreement: Ven. Sanghasenabhaya Thera says that if it is impossible to catch up with a bhikkhu seen from afar, there is no offense, and the day still counts; whereas Ven. Karvikatissa Thera says that there is no offense but the day doesn't count. If a visitor comes without one's knowledge, the Commentary seems to assume that, although one incurs no offense for not telling him, one's day still doesn't count. Thus, given the fact that one might have not known of a visitor who came, one should observe penance for a few extra days to compensate for such unknown quantities. The Sub-commentary adds further that even if a visiting bhikkhu is also on penance, each must notify the other. If one sends a messenger to notify the other bhikkhus in the monastery of one's undergoing penance, the Commentary insists that the messenger be a bhikkhu.]

> > D. Except when there are obstructions, a bhikkhu undergoing penance should not go from a residence or non-residence where there are bhikkhus to a residence or non-residence where there are no bhikkhus (or bhikkhus of a separate communion), unless accompanied by a Community. [The Commentary defines "obstructions" here as the ten obstructions listed in Chapter 15, and "Community" as at least four bhikkhus not undergoing any stages of the vutthana-vidhi. If, to escape from obstructions, one goes without being escorted by a Community, one's day doesn't count, but the Canon -- according to the Commentary -- is here counseling that it is wise to give up the counting of the day in order to escape the obstructions.] ("Residence" as used in this section, seems to mean "monastery," but none of the texts discuss this point.)

> > A bhikkhu undergoing penance may go from a residence or non-residence where there are bhikkhus to a residence or non-residence where there are bhikkhus of the same communion if he knows, "I can get there today."

> > E. A bhikkhu undergoing penance should not reside in a residence or non-residence under the same roof with a regular bhikkhu or with a more senior bhikkhu undergoing penance. [In explaining this point, the Commentary defines "residence" as used in this section as meaning any building built for people to live in; and a "non-residence" as other buildings, such as a roof over a cetiya, a broom storeroom, a bathroom, or a gatehouse. "One roof" is determined by the line of rain dripping from the eaves of the building's roof(s) -- in other words, if the roofs overlap so that they do not form distinctly separate rain-drip lines on the ground, they count as one roof. If a single building has many "upacaras" (see Pc 5), one may not stay there if there is a regular bhikkhu in the building, even if he is in a separate upacara; if one happens unknowingly to be lying down in a building at the same time as a regular bhikkhu is lying down there, one's day doesn't count, but there is no offense. For some reason, the Commentary adds that if a junior and senior bhikkhu, both undergoing penance, are lying down under the same roof without knowing it, neither incurs an offense (which makes sense) but neither is allowed to count that day (which doesn't make sense for the senior bhikkhu).]

> > On seeing a regular bhikkhu (or a more senior bhikkhu undergoing penance -- this qualifying phrase applies to every case of "regular bhikkhu" in this section) he should get up from his seat and offer it to the regular bhikkhu. [Here the Commentary says that a regular junior bhikkhu should not visit a senior bhikkhu on penance simply for the cheap gratification in seeing him get up in respect. The stipulation that the bhikkhu undergoing penance must offer his seat to the regular bhikkhu is to prevent him from simply running off when seeing a regular bhikkhu approach.] He should not sit on the same seat as a regular bhikkhu; if a regular bhikkhu is sitting on a low seat, he should not sit on a high seat [within six meters, says the Commentary]; if a regular bhikkhu is sitting on the ground, he should not sit on a seat. He should not walk back and forth on the same walking-meditation path as a regular bhikkhu; if a regular bhikkhu is walking back and forth on a low walking-meditation path, he should not walk back and forth on a higher walking-meditation path [within six meters and in plain view of the other path]; if a regular bhikkhu is walking back and forth on the ground, he should not walk back and forth on a constructed walking-meditation path. (The duties in this section apply to all five stages of the vutthana-vidhi, which creates a problem of logistics. Because the bhikkhus in each stage must treat the bhikkhus in the four other stages as regular bhikkhus, the question arises: How are two bhikkhus to treat each other if, say, one is undergoing penance while the other is undergoing probation? Which one offers his seat to the other? The texts do not say, so this is an area where each Community may set its own standards, based either on actual seniority or the level of progress through the vutthana-vidhi (e.g., with a bhikkhu deserving rehabilitation considered higher on the ladder than a bhikkhu undergoing penance).

> 3) Completing a quorum. This point was stated earlier in this chapter, but it bears repeating: if, with a bhikkhu undergoing penance as the fourth member, a Community grants probation, sends back to the beginning, grants penance; or as the twentieth, rehabilitates, the transaction is invalid. [Here the Commentary states that the bhikkhu may complete the quorum for other transactions. If the Community needs him to complete a quorum for imposing probation, etc., he should set his duties aside (see below) to complete the quorum -- but a wise policy would be to grant this allowance only when absolutely necessary.]

Penalties. If a bhikkhu undergoing penance disobeys any of these duties or restrictions, he incurs a dukkata. If, on any of the days of his penance, he commits any of the following "night-cutting (ratti-cheda)" activities, that day/night does not count toward the total of six:

> 1) living together, i.e., residing under the same roof as a regular bhikkhu or a more senior bhikkhu undergoing penance;
> 2) living apart, i.e., residing in a place that has less than four regular bhikkhus (here, "regular" means not undergoing the vutthana-vidhi);
> 3) not notifying the bhikkhus of his penance in line with the requirements under 2C; and
> 4) going about unaccompanied in defiance of the regulations under 2D.

As the Commentary points out, there are instances where one might commit a night-cutting activity without realizing it, so a wise policy is to observe penance for an extra day or two to ensure that one's duties have been fulfilled.

Practicalities. Because a bhikkhu observing penance must notify every bhikkhu in the monastery of his penance, it is impractical for him to observe penance in a monastery with many bhikkhus in residence or coming and going on visits. Thus the texts agree that a wise policy is to choose a monastery where only a few (but no less than four) other bhikkhus are living and where visiting bhikkhus are rare. If it so happens that a large number of bhikkhus does come to stay at the monastery, the Canon contains an allowance for a bhikkhu observing penance to set his penance aside. Approaching a regular bhikkhu, arranging his robe over one shoulder, kneeling down, placing his hands in añjali, he says,

> "Vatta"m nikkhipaami (I set aside the duties)."

With that, the duties are set aside. Then he says,

> "Maanatta"m nikkhipaami (I set aside the penance)."

With that, the penance is set aside. The Commentary maintains that saying either statement alone is sufficient to cover both statements, but the Canon does not support this.

When the large gathering has left, he may undertake his penance and duties again, following a similar procedure: Approaching a regular bhikkhu, arranging his robe over one shoulder, kneeling down, placing his hands in añjali, he says,

> "Maanatta"m samaadiyaami (I undertake the penance)."

With that, the penance is undertaken. Then he says,

> "Vatta"m samaadiyaami (I undertake the duties)."

With that, the duties are undertaken. Notice that the order of the statements is reversed.

Although the Canon is silent about the issue, the Commentary insists that when a bhikkhu first takes on penance he should also recite the statements for undertaking penance and its attendant duties. Thus it suggests that as soon as the transaction statement imposing penance is finished, he should immediately undertake the penance and duties, following the appropriate formula given above. Then he should state his first notification to the Community (as under section 2C, above) to the assembled bhikkhus. (Examples of notification statements are given in Appendix III.) If the monastery where he has been given the transaction statement is too large conveniently to observe penance, and he is planning to go observe it in a smaller monastery, he may then announce that he is setting his penance aside. The Sub-commentary adds that if he doesn't give notification of his penance (following 2C) before setting his penance and duties aside, he incurs a dukkata for breaking his duties.

When he has set his penance aside, he may go unaccompanied to the other monastery, even if it is more than a day's travel away, because technically he is a regular bhikkhu, but a wise policy followed in many Communities is to have at least one regular bhikkhu go along as a companion. When the bhikkhu who will be undergoing penance has arrived at the other monastery, he may undertake his penance and duties again, following the appropriate formulae, above.

Following the interpretation that "night" in the context of penance means "dawn," the Commentary gives the following instructions for Bhikkhu X, who is observing penance in a monastery where the resident or visiting bhikkhus are too many to conveniently notify them every day:

After setting his duties and penance aside after initially receiving penance, X should wait until dawn is near. Then he should go with four or five other bhikkhus to a spot concealed by a fence or bushes, etc., outside the monastery, {SC: at least} two leddupatas (approximately 36 meters) from its enclosure or, if there is no enclosure, from the edge of the monastery's property. He should then resume his penance and duties, and notify the assembled bhikkhus of his penance. If another bhikkhu happens to come past and X sees or hears him, X should notify him of his penance as well. If X neglects to notify him, the night doesn't count and X earns a dukkata for breaking his duties. If the other bhikkhu comes within six meters but X doesn't know he's there, the night doesn't count but there is no breaking of X's duties.

Once X has notified the assembled bhikkhus, at least one of them should remain with him, while the others may go off on whatever business they may have. When dawn comes, X should set aside his penance and duties in the presence of the remaining bhikkhu. If for some reason that bhikkhu goes off beforehand, X should set his penance and duties aside in the presence of the first bhikkhu he sees, whether that bhikkhu comes from X's own monastery or is a visitor. Having set aside his penance and duties, X is a regular bhikkhu until he takes on the penance and duties again before the dawn of the next day.

Having done this for six nights, X qualifies for rehabilitation. Before asking for rehabilitation, if he has set aside his penance and duties in the interim, he should take them on again.

That is what the Commentary says. As we stated above, however, the duties for a bhikkhu undergoing penance cover many activities that a bhikkhu would not normally do at dawn, such as eating a meal, etc., and so it seems highly unlikely that the authors of the Canon intended the word "night" to mean "dawn." In particular, the Commentary's recommendations here seem aimed at getting around many of the designed difficulties of penance simply on the basis of a technicality, and so they have little to recommend them. If one happens to commit a sanghadisesa offense while living in a large, busy monastery, the wise policy would be to find a smaller monastery of friendly bhikkhus where one could observe one's penance in full.

On fully observing one's penance, one enters the stage of "deserving rehabilitation." This period may take any number of days, and can be especially long in an area where the twenty bhikkhus needed for the quorum are hard to find. During this time, one must observe the duties for probation (see below), although in cases where convening the proper number of bhikkhus will take time, one may put aside one's duties until right before requesting rehabilitation. In some Communities, a bhikkhu deserving rehabilitation who has set his duties aside in this way will be directed to resume his duties every uposatha and Invitation day, and then to set them aside again after the uposatha and Invitation meetings are over. When a full quorum of twenty bhikkhus finally convenes for the purpose of one's rehabilitation, one must first resume one's duties before requesting rehabilitation.

Some Communities, perhaps for psychological impact, require that a bhikkhu requesting rehabilitation stay outside of the hatthapasa of the meeting until after the transaction statement giving him rehabilitation has been recited. Only then is he allowed within the hatthapasa. This, however, violates the stipulation given in the Vibhanga to Pc 80 that a bhikkhu must be within the hatthapasa of the meeting in order to be considered present (see the discussion in Chapter 12). So, for the rehabilitation transaction to be valid, the bhikkhu requesting rehabilitation must be within hatthapasa while the transaction statement is being recited.

Probation shares many of the duties, penalties, and practicalities for penance, with the added practical issue of calculating the number of days a bhikkhu must undergo probation before he is eligible for penance.

Duties. The duties for probation are identical to the duties for penance, with the following exceptions:

> -- under 2C, although he needs to notify every visiting bhikkhu, he does not need to notify the other bhikkhus in the monastery every day; he need only notify them at the beginning of his probation and then every fortnight, during the uposatha or Invitation meetings.
> -- under 2D, he needs to be accompanied only by a single regular bhikkhu rather than a full Community when going to a place where there are no bhikkhus or bhikkhus of a separate communion. (Here, a regular bhikkhu means one not undergoing the vutthana-vidhi for a sanghadisesa offense.)
> -- under 2E, all bhikkhus except for those under probation are to be treated as regular bhikkhus. The term "regular bhikkhu" in this section also extends to any senior bhikkhus who are also under probation.

Penalties. A bhikkhu undergoing probation has only three "night-cuttings":

> (1) living together, i.e., residing under the same roof as a regular bhikkhu or a more senior bhikkhu undergoing probation;
> (2) living apart, i.e., residing in a place that has less than four regular bhikkhus (here, "regular" means not undergoing the vutthana-vidhi);
> (3) not notifying the bhikkhus of his penance in line with the requirements under 2C.

In other words, unlike a bhikkhu undergoing penance, his nights are not cut if he goes about in defiance of the requirements of 2D, even though he does incur a dukkata for doing so.

Practicalities. The procedures for requesting probation, for setting it aside, and for undertaking it (again) are the similar to those for penance, with only slight changes in the wording.

One difference in the request for probation is that one must state the number of days the offense was concealed. The Commentary recommends that, if one has concealed one's offense for up to 14 days, one should count the period of concealment in days; if fifteen days, say "concealed for a fortnight"; if 16-29 days, say, "concealed for more than a fortnight"; if 30, say, "concealed for one month." From that point on, count in months and "more than x month(s) " up to "more than eleven months." From that point on, count in years and "more than x years" up to sixty years and beyond. Some examples of how to do this are given in Appendix III.

When setting probation aside, the announcement is:

> "Vatta"m nikkhipaami (I set aside the duties)."

> "Parivaasa"m nikkhipaami (I set aside the probation)."

When undertaking probation, the announcement is,

> "Parivaasa"m samaadiyaami (I undertake the probation)."

> "Vatta"m samaadiyaami (I undertake the duties)."

Because one's nights can be "cut" without one's knowledge, the Commentary recommends observing probation for a few extra days in order to provide for that contingency. Once probation is completed, one enters the stage of "deserving penance." During this period, one must continue to observe one's probation duties until penance has been granted. When one has been granted penance after undergoing probation, the Commentary insists that one simply state that one is undertaking penance (Manattam samadiyami,) with no need to repeat that one is undertaking the duties, as one has already made this statement when undertaking the duties for probation.

Concealment. Of the practical issues associated specifically with probation, the first is the question of determining what qualifies as a concealed offense. The Canon does not discuss the factors for concealment, whereas the Commentary sets them at ten, arranged in five pairs:

> 1. (a) One has committed an offense and (b) knows that it is an offense.
> 2. (a) One has not been suspended and (b) knows that one has not been suspended. (If one has been suspended, one is not in communion with other bhikkhus, and so there is no one to inform. See pair (4), below.)
> 3. (a) There are no obstructions and (b) one knows that there are none.
> 4. (a) One is able to inform another bhikkhu (one suitable to be informed) and (b) knows that one is able to.
> 5. (a) One wants to conceal the offense and (b) conceals it.

The Commentary then provides its own discussion of these factors, as follows:

Under pair (1): As long as the offense is a heavy offense and one knows that it is a heavy offense of any type, this factor is fulfilled. If one is not sure whether it is heavy or not, and -- intending to conceal it -- conceals it, it counts as concealed. If it is a heavy offense but -- conceiving it to be a light offense -- one confesses it on a later day as light, it counts as neither confessed nor concealed.

Under pair (3): "Obstructions" means any of the ten obstructions mentioned in Chapter 15.

Under pair (4): A small sore on the mouth, a toothache, "wind pains," etc., don't qualify as excuses for "not being able." Cv.III.34.2 indicates that going insane after committing the offense (!) would count as "not being able to confess the offense." A bhikkhu "not suitable to be informed" is one of a separate communion or one who is not on friendly terms, even if he is one's own preceptor. In choosing the bhikkhu to inform, one should not choose another bhikkhu who has committed the same offense that one has committed. If one does so, one's offense is not counted as concealed (see, however, the special case under "joint offenses," below) but one still incurs a dukkata. Therefore, one should choose a pure bhikkhu as the one to inform. According to the Sub-commentary, "pure" here means one who does not have that particular sanghadisesa offense hanging over him.

Under pair (5): If at first one wants to conceal the offense but then before dawn develops a sense of conscience and informs another bhikkhu, that is called "one wants to conceal the offense but doesn't conceal it." It doesn't count as concealed.

If any of these ten factors is not fulfilled, then the offense does not count as concealed. For instance, if one is in doubt as to whether or not it is an offense, there is no penalty for waiting until one can discuss the matter with a bhikkhu who is both friendly and knowledgeable enough in the Vinaya to allay one's doubts. Once they are allayed, however, and the offense turns out to have been a sanghadisesa, one must inform another bhikkhu before the following dawn.

Mid-course adjustments. Another practical issue in granting probation concerns what to do if a bhikkhu requesting probation understates the actual amount of time he concealed his offense -- either through doubt, faulty memory, or shamelessness. If he later ends his doubt, remembers, or is overcome with shame, he can request to have his probation extended to cover the actual time of concealment. The extended time period for the probation is counted from the time the original probation was begun. Thus, if he asked for a five-day probation and then, on the fourth day, realizes that the actual time of concealment was ten days, he can ask for a ten-day probation. The first four days of the original probation count toward the new one, so he has only six more days of probation to undergo.

If, however, his original request for probation understated the number of his offenses, then when he finally ends his doubt, remembers, or is overcome with shame at the fact, he can request a probation for the offense(s) not included in the original request. This second probation begins on the day of the Community transaction granting it. Thus, for instance, having committed two offenses, each concealed for one month, suppose he asks for probation for only one of them and then on the tenth day of the probation remembers the second offense. He can then request a one-month probation for the second offense, which begins on the day it is granted; the first ten days of the first probation do not count toward the second one.

Purifying probation. A third practical issue is what to do if a bhikkhu knows that he has committed a sanghadisesa offense but doesn't know, doesn't remember, or is in doubt about the number of days he has concealed the offense. The Canon directs that he request and be granted a "purifying probation" (suddhanta-parivasa), in which the length of the probation is determined by his best guess as to how long the offense has been concealed.

The Commentary divides this sort of probation into two sorts: lesser (cula-suddhanta-parivasa) and greater (maha-suddhanta-parivasa).

Lesser purifying probation, it says, is for cases when the offender can recall being pure, with certainty, up to a given date following his ordination. The probation is then granted for the number of days from that date up to the present. If, after being granted probation for a set period of time, he realizes that he under- or over-estimated the time of his purity, he may accordingly extend or reduce the length of the probation without having to ask the Community to formalize the change. This probation clears all offenses except for any that he concealed but claimed not to have concealed, any that he knowingly concealed for a lesser amount of time than he claimed to have concealed them, and any that he knowingly claimed to be fewer in number than they actually were.

Greater purifying probation is for cases when a bhikkhu cannot recall with certainty having been pure up to a given date. This probation equals the amount of time since his ordination. As with the lesser purifying probation, it may be shortened if he can later recall with certainty having been pure up to such-and-such a date; there is no need to ask the Community to formalize the change.

Multiple offenses. If a bhikkhu has committed more than one sanghadisesa offense, he may make amends for all of them at the same time. The penance for multiple offenses is called concurrent or combined (samodhana) penance; the probation, concurrent or combined probation. The Commentary summarizes the relevant cases in the Canon under three types of combination: aggha-samodhana (rate combination), odhana-samodhana (nullifying combination), and missaka-samodhana (mixed combination). (The following discussion of these terms differs from that in the Vinaya Mukha, which is based on a misunderstanding of the Commentary.)

Rate combination covers cases where all the offenses were of the same base (i.e., all in defiance of the same rule) and were committed before one's vutthana-vidhi. If the offenses were unconcealed, one need simply request penance for two offenses (dve apattiyo) or three (tisso apattiyo). The Commentary suggests that a bhikkhu requesting a combined penance for more than three offenses should simply ask for a penance for many offenses (sambahula apattiyo).

If any of the offenses were concealed, one must first request probation for the length of time the longest-concealed offense was concealed. Thus, if one offense was concealed for two days and another for five, one must request and undergo a five-day probation before becoming eligible to request penance.

Nullifying combination covers cases where one has committed one or more sanghadisesa offenses, of the same base as the original offense(s), in the course of one's vutthana-vidhi up through the period of awaiting rehabilitation. This is called "nullifying" because all the days that one has already observed probation, penance, etc., are nullified and one must request to be sent back to the beginning, to start the vutthana-vidhi all over again. If either the original offense(s) or the new offense(s) were concealed, one must first request a concurrent probation for the length of time the longest-concealed offense was concealed. If neither the original nor the new offense(s) were concealed, one may simply request a concurrent penance.

During the period after committing the new offense(s) and before requesting and receiving the Community transaction that sends one back to the beginning, one is in the stage of "deserving to be sent back to the beginning," during which one must continue to observe one's probation duties.

The Commentary maintains that if a bhikkhu commits a new offense when his probation or penance duties have been set aside, he should not be taken back to the beginning to undergo probation/penance concurrent with the earlier offense. Instead -- as he counts as a "regular bhikkhu" during the time that the duties are set aside -- he has to undergo another, separate penance/probation period after completing his first. The Commentary's judgment here is interesting, as it serves as a warning against complacency on the part of a bhikkhu who has set his duties aside. However, this judgement may simply be based on the fact that the Canon does not contain any patterns for the formal statements to be used in a case like this. The easiest way out is thus to treat the new offense as uncombinable with the earlier offense(s), and to have the offender take a separate course through the vutthana-vidhi.

Mixed combination covers cases where the offenses are of different bases (e.g., one offense of intentional emission, one for lustful contact with a woman), and the combination may either be a rate combination (for offenses committed before beginning a vutthana-vidhi) or a nullifying combination (for extra offenses committed in the course of a vutthana-vidhi).

Joint offenses. If two (or more) bhikkhus together commit the same sanghadisesa offense, or if together they commit a sanghadisesa mixed with another offense, they must undergo the vutthana-vidhi together. Offenses of this sort are called sabhaga, or shared. Examples of a sanghadisesa offense committed together would be building an unauthorized dwelling in which they both expect to live (see Sg 6 & 7), joining in groundlessly accusing another bhikkhu of a parajika offense (Sg 8 & 9), or supporting a schismatic after being warned not to do so by the Community (Sg 11). An example of mixed offenses would be mutual masturbation: each incurs a sanghadisesa for getting the other to bring him to ejaculation, while -- in bringing the other to ejaculation -- each earns a dukkata for lustful contact with a man.

The Canon's discussion of joint offenses shows that, after committing the offense together, the two bhikkhus cannot simply inform each other of the fact and consider their offense unconcealed. They must inform another bhikkhu who is innocent of the offense. If one of them conceals the offense, while the other one doesn't, the first must confess the dukkata for concealment, after which he is granted probation for the number of days the offense was concealed. Only when he is ready for penance can both bhikkhus be granted penance, which they must undergo at the same time.

Interruptions. If a bhikkhu commits a sanghadisesa offense, disrobes before undergoing the vutthana-vidhi, and then reordains, he is not exempted, after his reordination, from undergoing the vutthana-vidhi for his original offense. The same holds true if, after committing the offense, he becomes a novice and then reordains, goes insane and then recovers, becomes possessed and then regains possession of himself, or becomes delirious with pain and then returns to his senses. If he did not conceal the offense either before or after disrobing, etc., he is simply to be granted penance. If he did conceal the offense either before or after the interruption in his status as a sane bhikkhu, he is to be granted probation for the total number of days, before and after, that he concealed it. The time during which he was not a bhikkhu or not in possession of his sanity does not count as "concealing." Thus if he concealed it five days before disrobing and then three days after reordaining, he is to be given an eight-day probation regardless of how much time lapsed between his disrobing and reordination.

A similar principle holds true if he disrobes, etc., while undergoing the vutthana-vidhi and then later reordains, recovers, etc. He is to be sent back to the beginning, and, if he concealed the offense either before or after the interruption, should be granted probation for the total number of days, before and after, that it was concealed.

## Rules

#### Transactions

"If one on probation as the fourth should grant probation, send back to the beginning, or grant penance; if, as the twentieth, he should rehabilitate, it is not a transaction and is not to be performed.

"If one deserving to be sent back to the beginning ...

"If one deserving penance ...

"If one observing penance ...

"If one deserving rehabilitation as the fourth should grant probation, send back to the beginning, or grant penance; if, as the twentieth, he should rehabilitate, it is not a transaction and is not to be performed." -- Mv.IX.4.6

#### Duties

"A bhikkhu under probation should not consent to a regular bhikkhu's bowing down to him, standing up to greet him, saluting him with hands placed palm-to-palm over the heart, performing duties of respect, bringing his seat, bringing his bedding, water for foot(-washing), foot stand, foot wiper; receiving his bowl and robe, scrubbing his back while bathing. Whoever should consent (to these things): an offense of wrong doing. I allow among bhikkhus who are also under probation bowing down, standing up to greet, saluting with hands placed palm-to-palm over the heart, performing duties of respect, bringing a seat, bringing bedding, water for foot(-washing), foot stand, foot wiper, receiving of bowl and robe, and back-scrubbing while bathing in accordance with seniority. I allow for bhikkhus who are under probation five things in accordance with seniority: uposatha, Invitation, rains-bathing-cloth, offerings, food [the Burmese and PTS editions of the Canon have 'rice'; C. says "food']." -- Cv.II.1.1

Proper conduct for a bhikkhu on probation:

> A. He should not give Acceptance;
> he should not give dependence;
> a novice should not be made to attend to him;
> authorization to exhort bhikkhunis should not be consented to;
> even when authorized, he should not exhort bhikkhunis;
> whatever offense he was granted probation for, he should not commit that offense, or one of a similar sort, or one worse than that;
> he should not criticize the (probation) transaction;
> he should not criticize those who did the transaction;
> he should not cancel a regular bhikkhu's uposatha;
> he should not cancel the Invitation (§);
> he should not get into a debate with a bhikkhu who has threatened to level an accusation against him (§);
> he should not function in a position of authority within the monastery (§);
> he should not get someone else to give him leave;
> he should not make a formal charge;
> he should not make (another) testify;
> he should not join bhikkhus in disputing with bhikkhus (§).

> B. He should not walk in front of a regular bhikkhu;
> he should not sit in front of a regular bhikkhu;
> whatever is the Community's last seat, bed/bedding, dwelling place, that should be presented to him, and he should accept it;
> he should not approach lay families with a regular bhikkhu as the contemplative who precedes him or follows him (§);
> he should not undertake the wilderness-dweller's practice;
> he should not undertake the alms-goer's practice;
> he should not have alms food sent (to him) with the intent, "May they not know about me."

> C. When a bhikkhu undergoing probation has newly arrived he should notify (the other bhikkhus of his probation);
> he should notify any incoming bhikkhu;
> he should notify (the bhikkhus) in the uposatha meeting;
> he should notify (the bhikkhus) during the Invitation meeting;
> if he is sick, he should notify them (of his probation) by means of a messenger. -- Cv.II.1.2

> D. A bhikkhu undergoing probation should not go from a residence where there are bhikkhus to a residence where there are no bhikkhus, unless accompanied by a regular bhikkhu, except when there are obstructions. (Replace 'residence' with 'non-residence' and 'residence or non-residence.')
> A bhikkhu undergoing probation should not go from a residence where there are bhikkhus to a residence where there are bhikkhus of a separate communion, unless accompanied by a regular bhikkhu, except when there are obstructions. (Replace 'residence' with 'non-residence' and 'residence or non-residence.')
> A bhikkhu undergoing probation may go from a residence where there are bhikkhus to a residence where there are bhikkhus of the same communion if he knows, 'I can get there today.' (Replace 'residence' with 'non-residence' and 'residence or non-residence.') -- Cv.II.1.3

> E. A bhikkhu undergoing probation should not reside in a residence under the same roof with a regular bhikkhu; he should not reside in a non-residence under the same roof with a regular bhikkhu; he should not reside in a residence or non-residence under the same roof with a regular bhikkhu;
> on seeing a regular bhikkhu he should get up from his seat; he should offer his seat to the regular bhikkhu;
> he should not sit on the same seat as a regular bhikkhu; if a regular bhikkhu is sitting on a low seat, he should not sit on a high seat; if a regular bhikkhu is sitting on the ground, he should not sit on a seat;
> he should not walk back and forth on the same walking-meditation path as a regular bhikkhu; if a regular bhikkhu is walking back and forth on a low walking-meditation path, he should not walk back and forth on a high walking-meditation path; if a regular bhikkhu is walking back and forth on the ground, he should not walk back and forth on a (constructed) walking-meditation path.
> (This is followed by prohibitions A-E, substituting "regular bhikkhu" with "senior bhikkhu undergoing probation," "bhikkhu who deserves to be sent back to the beginning," "bhikkhu who deserves penance," "bhikkhu undergoing penance," "bhikkhu who deserves rehabilitation.")
> If, with a bhikkhu undergoing probation as the fourth member, a Community grants probation, sends back to the beginning, grants penance; or as the twentieth, rehabilitates, it is not a (valid) transaction and should not be done. -- Cv.II.1.4

"For a bhikkhu undergoing probation, there are three 'day/night cuttings': living together, living apart, not notifying. These are the three day/night cuttings for a bhikkhu undergoing probation." -- Cv.II.2

"I allow that probation be set aside." Procedure. (Approach a regular bhikkhu, arrange robe over one shoulder, kneel down, place hands palm-to-palm over the heart and say, 'I set aside the probation' -- the probation is set aside. 'I set aside the duties' -- the duties are set aside.) -- Cv.II.3.1

"I allow that probation be undertaken (resumed)." Procedure. (Approach a regular bhikkhu, arrange robe over one shoulder, kneel down, place hands palm-to-palm over the heart and say, 'I undertake the probation' -- the probation is undertaken. 'I undertake the duties' -- the duties are undertaken.) -- Cv.II.3.2

Duties for a bhikkhu who deserves to be sent back to the beginning are the same as those for bhikkhu undergoing probation except that, under G, "senior bhikkhu undergoing probation" is changed to "bhikkhu undergoing probation" and "bhikkhu who deserves to be sent back to the beginning" is changed to "senior bhikkhu who deserves to be sent back to the beginning" (§) -- Cv.II.4

Duties for a bhikkhu deserving penance are the same as those for a bhikkhu undergoing probation with a similar change as above -- Cv.II.5

Duties for a bhikkhu undergoing penance are the same as those for a bhikkhu undergoing probation except that

> -- under C, add that he should notify the bhikkhus daily;
> -- under D & E, change "accompanied by a regular bhikkhu" to "accompanied by a Community";
> -- under G, change "senior bhikkhu undergoing probation" to "bhikkhu undergoing probation"; and "bhikkhu undergoing penance" to "senior bhikkhu undergoing penance." -- Cv.II.6

"For a bhikkhu undergoing penance, there are four 'day/night cuttings': living together, living apart, not notifying, going about with less than a group. These are the four day/night cuttings for a bhikkhu undergoing penance." -- Cv.II.7

"I allow that penance be set aside." Procedure. (Approach a regular bhikkhu, arrange robe over one shoulder, kneel down, place hands palm-to-palm over the heart and say, 'I set aside the penance' -- the penance is set aside. 'I set aside the duties' -- the duties are set aside.)

"I allow that penance be undertaken (resumed)." Procedure. (Approach a regular bhikkhu, arrange robe over one shoulder, kneel down, place hands palm-to-palm over the heart and say, 'I undertake the penance' -- the penance is undertaken. 'I undertake the duties' -- the duties are undertaken.) -- Cv.II.8

Duties for a bhikkhu deserving rehabilitation are the same as those for a bhikkhu undergoing probation except that, under G, "senior bhikkhu undergoing probation" is changed to "bhikkhu undergoing probation" and "bhikkhu deserving rehabilitation" is changed to "senior bhikkhu deserving rehabilitation" (§). -- Cv.II.9

#### Nullifying Combination

"There is the case where a bhikkhu on probation commits many sanghadisesa offenses --

> not concealed, parimana [C: the type of offense can be determined]: he is to be sent back to the beginning ...
> concealed, parimana: he is to be sent back to the beginning, and he is to be granted combined probation with the first offense for however long they were concealed ...
> concealed & not concealed, parimana: he is to be sent back to the beginning, and he is to be granted combined probation with the first offense for however long they were concealed ...
> not concealed, aparimana [C: the type of offense cannot be determined]: he is to be sent back to the beginning ...
> concealed, aparimana: he is to be sent back to the beginning, and he is to be granted combined probation with the first offense for however long they were concealed ...
> concealed & not concealed, aparimana: he is to be sent back to the beginning, and he is to be granted combined probation with the first offense for however long they were concealed ...
> not concealed, parimana & aparimana: he is to be sent back to the beginning ...
> concealed, parimana & aparimana: he is to be sent back to the beginning, and he is to be granted combined probation with the first offense for however long they were concealed ...
> concealed & not concealed, parimana & aparimana: he is to be sent back to the beginning, and he is to be granted combined probation with the first offense for however long they were concealed ...
> (Similarly for offenses committed while awaiting penance, while undergoing penance, and while awaiting rehabilitation.) -- Cv.III.28

#### Joint Offenses

Two bhikkhus commit a sanghadisesa offense, regard it as such; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a sanghadisesa offense, are in doubt as to whether it is such; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a sanghadisesa offense, regard it as a mixed offense; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a mixed offense, regard it as a sanghadisesa; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a mixed offense, regard it as mixed; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a slight offense, regard it as a sanghadisesa; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; both should be dealt with in accordance with the rule.

Two bhikkhus commit a slight offense, regard it as such; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; both should be dealt with in accordance with the rule. -- Cv.III.34.1

Two bhikkhus commit a sanghadisesa offense, regard it as such; one decides to report it, the other, not to report it: if the latter waits until dawn, it counts as concealed; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a sanghadisesa offense, regard it as such; both decide to go to report it; along the way one of them changes his mind; if the latter waits until dawn, it counts as concealed; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a sanghadisesa offense, regard it as such; go insane (!); after recovering from insanity, one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance.

Two bhikkhus commit a sanghadisesa offense, learn during the recitation of the Patimokkha that what they did is against the Patimokkha; regard their offense as a sanghadisesa; one conceals it, the other doesn't; he who conceals it should be made to confess an offense of wrong doing; after he is granted probation, both are to be granted penance. -- Cv.III.34.2

#### Interruptions before the Vutthana-vidhi

A bhikkhu commits many sanghadisesa offenses, disrobes without having concealed them, reordains not concealing them: is to be granted penance.

... disrobes without having concealed them, reordains and conceals them: is to be granted penance after having been granted probation for however long he at the later time concealed that set of offenses.

... disrobes having concealed them, reordains not concealing them: he is to be granted penance after having been granted probation for however long he at the earlier time concealed that set of offenses.

... disrobes having concealed them, reordains and conceals them: he is to be granted penance after having been granted probation for however long he at the earlier and the later time concealed that set of offenses. -- Cv.III.29.1

A bhikkhu commits many sanghadisesa offenses, some concealed, some not; disrobes; reordains; doesn't conceal the offenses he earlier didn't conceal, doesn't conceal the offenses that earlier he did: is to be granted penance after having been granted probation for however long he at the earlier time concealed that set of offenses (§ -- this case is missing in BD).

... disrobes; reordains; conceals the offenses he earlier didn't conceal, doesn't conceal the offenses that earlier he did: he is to be granted penance after having been granted probation for however long he at the earlier and the later time concealed that set of offenses.

... disrobes; reordains; doesn't conceal the offenses he earlier didn't conceal, conceals the offenses that earlier he did: he is to be granted penance after having been granted probation for however long he at the earlier and the later time concealed that set of offenses.

... disrobes; reordains; conceals the offenses he earlier didn't conceal, conceals the offenses that earlier he did: he is to be granted penance after having been granted probation for however long he at the earlier and the later time concealed that set of offenses. -- Cv.III.29.2

A bhikkhu commits many sanghadisesa offenses, some he knows to be offenses, some not; conceals those he knows; does not conceal those he doesn't know; disrobes; reordains; does not, on knowing, conceal the offenses earlier known and concealed; does not, on knowing, conceal the offenses earlier not known and not concealed: he is to be granted penance after having been granted probation for however long he at the earlier time concealed that set of offenses.

... does not, on knowing, conceal the offenses earlier known and concealed; does, on knowing, conceal the offenses earlier not known and not concealed: he is to be granted penance after having been granted probation for however long he at the earlier and the later time concealed that set of offenses.

... does, on knowing, conceal offenses earlier known and concealed; does not, on knowing, conceal offenses earlier not known and not concealed: he is to be granted penance after having been granted probation for however long he at the earlier and the later time concealed that set of offenses.

... does, on knowing, conceal offenses earlier known and concealed; does, on knowing, conceal offenses earlier not known and not concealed: he is to be granted penance after having been granted probation for however long he at the earlier and the later time concealed that set of offenses. -- Cv.III.29.3

(Similar cases for remembering and not remembering; not being in doubt and being in doubt) -- Cv.III.29.4-5

(These are followed by whole sets as above, replacing "disrobes" with -- becomes a novice, goes insane, becomes possessed, becomes delirious with pain.) -- Cv.III.30

A bhikkhu on probation commits many sanghadisesa offenses; does not conceal them; disrobes; reordains; does not conceal them: he is to be sent back to the beginning.

... does not conceal them; disrobes; reordains; conceals them: he is to be sent back to the beginning, and is to be granted combined probation with the original offense for however long he concealed them.

... conceals them; disrobes; reordains; does not conceal them: he is to be sent back to the beginning, and is to be granted combined probation with the original offense for however long he concealed them.

... conceals them; disrobes; reordains; conceals them: he is to be sent back to the beginning, and is to be granted combined probation with the original offense for however long he concealed them.

(in detail as in 29 & 30) -- Cv.III.31

(Similar cases for one committing many sanghadisesa offenses while awaiting penance, while undergoing penance, while awaiting rehabilitation and then disrobing) -- Cv.III.32

(Similar cases for one committing many sanghadisesa offenses parimana & not concealed; aparimana & not concealed; of the same name & not concealed; of different names & not concealed; shared (sabhaga) & not concealed; not shared (visabhaga) & not concealed; disconnected (vavatthita) & not concealed; connected (sambhinna) & not concealed). [C: Sambhinna and vavatthita are another way of saying sabhaga and visabhaga.] -- Cv.III.33

#### Interruptions during the Vutthana-vidhi

"There is the case where a bhikkhu, while on probation, disrobes. The probation of one who has disrobed does not expire (§). If he reordains, his earlier granting of probation is as it was. Whatever probation was granted is (still) well-granted. Whatever probation was observed is well-observed (§). The remainder is to be observed."

(Similar cases for one who becomes a novice, goes insane, is possessed, is delirious with pain (§ -- this passage is not in BD), is suspended for not seeing an offense, for not making amends for an offense, for not giving up wrong views) -- Cv.III.27.1

"There is the case where a bhikkhu deserving to be sent back to the beginning disrobes. The sending-back-to-the-beginning of one who has disrobed does not expire. If he reordains, his earlier granting of probation is as it was. Whatever probation was granted is (still) well-granted. Whatever probation was observed is well-observed (§ -- this sentence is missing in BD). The bhikkhu is to be sent back to the beginning."

(Similar cases for one who becomes a novice, goes insane, is possessed, is delirious with pain (§ -- this passage is not in BD), is suspended for not seeing an offense, for not making amends for an offense, for not giving up wrong views) -- Cv.III.27.2

"There is the case where a bhikkhu deserving penance disrobes. The awaiting of penance of one who has disrobed does not expire. If he reordains, his earlier granting of probation is as it was. Whatever probation was granted is (still) well-granted. Whatever probation was observed is well-observed (§). The bhikkhu is to be granted penance."

(Similar cases for one who becomes a novice, goes insane, is possessed, is delirious with pain (§ -- this passage is not in BD), is suspended for not seeing an offense, for not making amends for an offense, for not giving up wrong views) -- Cv.III.27.3

"There is the case where a bhikkhu observing penance disrobes. The penance-observation of one who has disrobed does not expire. If he reordains, his earlier granting of probation is as it was. Whatever probation was granted is (still) well-granted. Whatever probation was observed is well-observed (§). Whatever penance was granted is (still) well-granted. Whatever penance was observed is well-observed. The remainder is to be observed."

(Similar cases for one who becomes a novice, goes insane, is possessed, is delirious with pain (§ -- this passage is not in BD), is suspended for not seeing an offense, for not making amends for an offense, for not giving up wrong views) -- Cv.III.27.4

"There is the case where a bhikkhu deserving rehabilitation disrobes. The awaiting of rehabilitation of one who has disrobed does not expire. If he reordains, his earlier granting of probation is as it was. Whatever probation was granted is (still) well-granted. Whatever probation was observed is well-observed (§). Whatever penance was granted is (still) well-granted. Whatever penance was observed is well-observed. The bhikkhu is to be granted rehabilitation."

(Similar cases for one who becomes a novice, goes insane, is possessed, is delirious with pain (§ -- this passage is not in BD), is suspended for not seeing an offense, for not making amends for an offense, for not giving up wrong views) -- Cv.III.27.5

#### Purified & Unpurified

A bhikkhu commits many sanghadisesa offenses -- parimana & aparimana; concealed & not concealed; of the same name & of different names; shared (sabhaga) & not shared (visabhaga); disconnected (vavatthita) & connected (sambhinna). He is granted combined probation. While on probation he commits many sanghadisesa offenses -- parimana & not concealed. He is sent back to the beginning by a Community transaction that is Dhamma, irreversible, fit to stand. He is granted penance by a non-Dhamma transaction. He is granted rehabilitation by a non-Dhamma transaction: He is not purified of those offenses.

Similar cases:

> parimana & concealed;
> parimana, concealed & not concealed;
> aparimana & not concealed;
> aparimana & concealed;
> aparimana, concealed & not concealed;
> parimana & aparimana, not concealed;
> parimana & aparimana, concealed;
> parimana & aparimana, concealed & not concealed.

> > -- Cv.III.35

A bhikkhu in any of above cases (in 35) is sent back to the beginning by a Community transaction that is Dhamma, irreversible, fit to stand. He is granted penance by a Dhamma transaction. He is granted rehabilitation by a Dhamma transaction: He is purified of those offenses. (§ -- In all this, the Thai edition differs from the Burmese & PTS editions, which state: is sent back to the beginning by a Community transaction that is not-Dhamma, reversible, not fit to stand. Is granted penance by a Dhamma transaction; is granted rehabilitation by a Dhamma transaction: He is not purified of those offenses.) -- Cv.III.36.1

A bhikkhu on probation commits many sanghadisesa offenses, parimana, not concealed. He is sent back to the beginning by a Community transaction that is not-Dhamma, reversible, not fit to stand. While he thinks he is on (proper) probation, he commits many sanghadisesa offenses, parimana, not concealed. Having reached this stage, he remembers earlier offenses committed meanwhile, remembers later offenses committed meanwhile. He realizes that his sending-back-to-the beginning was not Dhamma. He informs the Community. They send him back to the beginning for a combined probation to cover the newly remembered offenses by a Community transaction that is Dhamma, irreversible, fit to stand. He is granted penance by a Dhamma transaction. He is granted rehabilitation by a Dhamma transaction: He is purified of those offenses. -- Cv.III.36.2

Similar cases:

> parimana & concealed;
> parimana, concealed & not concealed;
> aparimana & not concealed;
> aparimana & concealed;
> aparimana, concealed & not concealed;
> parimana & aparimana, not concealed*;
> parimana & aparimana, concealed*;
> parimana & aparimana, concealed & not concealed*.

> > -- Cv.III.36.3-4

> (In the cases marked with asterisks, the Thai edition differs from the PTS, which seems to be confused, saying that "They send him back to the beginning for combined probation to cover the newly remembered offenses by a Community transaction that is not-Dhamma, reversible, not fit to stand. He is granted penance by a Dhamma transaction. He is granted rehabilitation by a Dhamma transaction: He is not purified of those offenses.)

### FORMAL STATEMENTS

Request for penance, one offense, not concealed -- Cv.III.1.2

Transaction statement for giving penance, one offense, not concealed -- Cv.III.1.3

Request for rehabilitation, one offense, not concealed -- Cv.III.2.2

Transaction statement for giving rehabilitation, one offense, not concealed -- Cv.III.2.3

Request for probation, one offense, concealed one day -- Cv.III.3.2

Transaction statement for giving probation, one offense, concealed one day -- Cv.III.3.3

Request for penance, one offense, concealed one day -- Cv.III.4.2

Transaction statement for giving penance, one offense, concealed one day -- Cv.III.4.3

Request for rehabilitation, one offense, concealed one day -- Cv.III.5.2

Transaction statement for giving rehabilitation, one offense, concealed one day -- Cv.III.5.3

Requests for probation, penance, rehabilitation; transaction statements for giving probation, penance, rehabilitation for one offense concealed for two, three, four, five days -- Cv.III.6

Request for being sent back to the beginning, one offense, not concealed, while on probation -- Cv.III.7.2

Transaction statement for sending back to the beginning, one offense, not concealed, while on probation -- Cv.III.7.3

Request for being sent back to the beginning, one offense, not concealed, when probation is completed and one is deserving penance -- Cv.III.8.2

Transaction statement for sending back to the beginning, one offense, not concealed, when probation is completed and one is deserving penance -- Cv.III.8.3

Request for penance after one has completed the extra probation mentioned in 8 -- Cv.III.9.2

Transaction statement for giving penance after having giving the extra probation mentioned in 8 -- Cv.III.9.3

Request for being sent back to the beginning, one offense, not concealed, while undergoing penance. Transaction statement for sending back to the beginning, one offense, not concealed, while undergoing penance -- Cv.III.10

Request for being sent back to the beginning, one offense, not concealed, while deserving rehabilitation. Transaction statement for sending back to the beginning, one offense, not concealed, while deserving rehabilitation -- Cv.III.11

Request for rehabilitation covering cases 6-11 -- Cv.III.12.2

Transaction statement for rehabilitation covering cases 6-11 -- Cv.III.12.3

Request, transaction statement for a single offense concealed one half-month (as in Cv.III.3) -- Cv.III.13

#### Combined Probation

Request for being sent back to the beginning, one offense, concealed five days, while on probation -- Cv.III.14.2

Transaction statement for sending back to the beginning, one offense, concealed five days, while on probation, granting combined probation -- Cv.III.14.3

Request for being sent back to the beginning, one offense, concealed five days, when probation is completed and one is deserving penance. Transaction statement for sending back to the beginning, one offense, concealed five days, when probation is completed and one is deserving penance, granting probation combined with that for the former offense -- Cv.III.15

Request for penance (for all three offenses, 13-15) after one has completed the extra probation mentioned in 15. Transaction statement for giving penance after having granted the extra probation mentioned in 15 -- Cv.III.16

Request to be sent back to the beginning for one offense, concealed five days, while undergoing penance for offenses 13-15: The Community is to send one back for probation combined with the first offense (one half-month), then grant penance. Transaction statement -- Cv.III.17

Request to be sent back to the beginning for one offense, concealed five days, committed when penance is completed and one is awaiting rehabilitation: The Community is to send one back for probation combined with the first offense (one half-month), then grant penance. Transaction statement -- Cv.III.18

Request and transaction statement for rehabilitation for offenses 13-18 -- Cv.III.19

Request and transaction statement for ten-day combined probation for several offenses, concealed for different lengths of time (ten days at most) -- Cv.III.20

Request and transaction statement for combined probation for one offense concealed one day, two offenses for two ... ten for ten -- Cv.III.21 [BD's note suggests that this is for ten times ten (one hundred) days. The Commentary says that the probation is for ten days.]

A bhikkhu commits two offenses each concealed two months; asks for probation for one offense concealed two months. While undergoing probation he feels shame. Request and transaction statement for a two-month probation for the second offense. The second probation begins from the date it is granted. -- Cv.III.22.3-4

A bhikkhu commits two offenses each concealed two months; knows one is an offense but does not realize that the second is also an offense. While undergoing probation he realizes that the second is an offense. He asks for two-month probation for the second offense. The second probation begins from the date it is granted. -- Cv.III.23.2

Similar cases for

> -- one who remembers the first offense, doesn't remember the second offense -- Cv.III.23.3
> -- one with no doubt about the first offense, doubtful about the second offense -- Cv.III.23.4

A bhikkhu commits two offenses concealed for two months: knowingly conceals the first offense, unknowingly conceals the second offense; is granted two-month probation for both. While undergoing probation a knowledgeable bhikkhu points out that the probation for the first offense is valid, whereas that for the second is invalid; the second offense deserves penance. -- Cv.III.23.5

Similar cases for a second offense concealed without remembering, when in doubt -- Cv.III.23.6

A bhikkhu commits two offenses each concealed two months; asks for probation for two offenses concealed one month. While undergoing probation he feels shame. Request and transaction statement for a two-month probation for both offenses. Two-month probation begins from the date the first probation is granted -- Cv.III.24.3

A bhikkhu commits two offenses each concealed two months; asks for probation for two offenses concealed one month. While undergoing probation he feels shame. Two-month probation begins from the date the first probation was granted. -- Cv.III.25.1

Similar cases for knowing one month, not knowing the other month; remembering one month, not the other; not doubtful about one month, doubtful about other: two-months of probation, beginning from the date the first probation was granted -- Cv.III.25.2

Similar cases for one month knowingly concealed, the other unknowingly concealed; one month concealed, remembering, one month concealed not remembering; one month concealed not in doubt, the other concealed in doubt -- asks for, and is granted, two-month probation. While undergoing probation a knowledgeable bhikkhu points out that the probation for the first month is valid, whereas that for the second is invalid. -- Cv.III.25.3

#### Purifying Probation

A bhikkhu falls into several offenses: doesn't know the maximum amount of offenses, doesn't know the maximum amount of nights (concealed); doesn't remember, is in doubt: Should be granted purifying probation -- Cv.III.26.1

Request and transaction statement -- Cv.III.26.2

Cases qualifying for purifying probation:

> a. doesn't know the maximum amount of offenses (x), of nights (concealed) (y);
> doesn't remember x & y;
> is doubtful about x & y;

> b. knows x but not y;
> remembers x but not y;
> is not doubtful about x but is doubtful about y;

> c. knows x in some cases but not others, doesn't know y; remembers x in some cases but not others, doesn't remember y; is doubtful about x in some cases but not others, doubtful about y;

> d. doesn't know x, knows y in some cases but not others; doesn't remember x, remembers y in some cases but not others; is doubtful about x, is doubtful about y in some cases but not others;

> e. knows y in some cases but not others, doesn't know x;
> remembers y in some cases but not others, doesn't remember x;
> is doubtful about y in some cases but not others, doubtful about x;

> f. knows x in some cases but not others, knows y in some cases but not others; remembers x in some cases but not others, remembers y in some cases but not others; is doubtful about x in some cases but not others, is doubtful about y in some cases but not others. -- Cv.III.26.3

Cases qualifying for regular probation:

> a. knows x & y;
> remembers x & y;
> is not doubtful about x & y;

> b. knows y but not x;
> remembers y but not x;
> is not doubtful about y but is doubtful about x;

> c. knows x in some cases but not others, knows y; remembers x in some cases but not others, remembers y; is doubtful about x in some cases but not others, is not doubtful about y. -- Cv.III.26.4

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Revised: Thu 14 March 2002