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Burmese Sketches - Khamkoo

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^14<br />

BURMESE SKETCHES.<br />

At about 9-30 a.m. we reached home with the sweet satis-<br />

faction that our morning had not been spent in vain.<br />

THE CONSTITUTION OF THEINS.<br />

According to the sacred books of the Buddhists, one of the<br />

essential conditions of the validity of an ordination ceremony<br />

lis, that the thein (Pali i sim^), wherein it is performed, must be<br />

a properly constituted one. Such a thein must be situated on<br />

land called withdngama (Pali : visumgama), that is to say,<br />

land of a specified, but always small and insignificant, area,<br />

set apart for the purpose, over which the temporal power has<br />

absolutely relinquished its rights of ownership.<br />

The difference between a kyaung land and a. thein land is,<br />

that in respect of the former the secular power has a right to<br />

resume possession after giving another land in exchange.<br />

This right is, however, circumscribed by the reservation that,<br />

where a kyaung has been declared by its builder to be thingika<br />

or belonging to the whole Buddhist priesthood as a body,<br />

possession of the land on which it stands cannot be resumed.<br />

Even where a kyaung is thingika^ according to a legal fiction.<br />

Government has a right, but which has never been exercised,<br />

to claim one-tenth of the produce or usufruct of the land on<br />

which it is situated. Therefore, whenever it is desired to build<br />

a theiny both within the limits of a kyaung land and elsewhere,<br />

the permission of the temporal power is a sine qua non in validating<br />

its constitution. Such permission is a mere matter of<br />

form, and is granted—in the case of kyaung lands, without reference<br />

to the builder or trustees of the kyaung^ whose rights of<br />

ownership over the building ceased as soon as it was consecrated—to<br />

a layman and not to a monk, in whose favour<br />

Government irrevocably alienates its rights of ownership in<br />

respect of both the land and its produce or usufruct. The<br />

right of ownership, however, ceases to be vested in the<br />

grantee or its trustees as soon as the thein has been con-<br />

secrated, when the thein and the land on which it stands are<br />

held to belong to the whole body of the Buddhist priesthood.<br />

No apprehension need be entertained that land on which a<br />

thein was built would be devoted to any other purpose, because<br />

it is held sacred in the eyes of the people, and also because,<br />

according to their religious beliefs, no building other than a<br />

thein must be built on it when the former edifice falls into

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