An Analysis of the Process for Settling Legal Questions in the Vinaya Pitaka

Abstract

         This research article has objectives as following: 1) to study the process of settling legal questions; 2) to study the laying down of the Vinaya in the Pitaka; and 3) to analyze the process for suspending disputes (Adhikaraṇa) in the Vinaya Pitaka. The study employed a documentary method and collected data from the Tipitaka, commentaries, and related documents, which were then analyzed and presented using a descriptive method.

        The results of research found that the problems and duties that monks should undertake are referred to as Adhikaraṇa (settling legal cases). There are four types of Adhikaraṇa: 1) Vivādadhikaraṇa, 2) Anuvādādhikaraṇa, 3) Āpattādhikaraṇa, and 4) Kiccādhikaraṇa . According to the Vinaya, the method for resolving issues or conducting an investigation to judge or punish the wrongdoer is called Adhikaraṇasamatha, consisting of seven components: 1) Sammukhāvinaya, 2) Amūḷhāvinaya, 3) Pattiññātakkaraṇa, 4) Tassapāpiyāsikā, 5) Yepuyyasikā, 6) Tiṇavattāraka, and 7) Brahmādukkhamma, . The Buddha established a method for resolving conflicts and addressing the duties that monks should undertake, with the primary goal of guiding monks to repent and confess their wrongdoings. A monk who has been instructed by another monk to abstain from participating in communal Sangha activities can still live peacefully with other monks as usual. A monk who has been demoted or had his rank reduced will regain his status. A monk who has been expelled from the Sangha will be allowed to rejoin the community. Those who have been judged to have committed misconduct will regain their reputation, and those who have been punished will still be able to live with other monks as before. As for laypeople who have been excommunicated by the monks, they will be able to associate with others again and regain their rights as Buddhist followers