BUDDHIST MONASTIC CODE I

Saṅghādisesa Chapter 5Intention. The Vinita-vatthu contains cases of a bhikkhu who caresses his motherout of filial affection, one who caresses his daughter out of fatherly affection, andone who caresses his sister out of brotherly affection. In each case the penalty is adukkaṭa.A bhikkhu who strikes a woman — or anyone else — out of anger would be treatedunder Pc 74. Both under that rule and in the context of Passive Contact under thisrule, below, a bhikkhu who strikes or otherwise touches a woman out of a desire toescape from her commits no offense.Otherwise, the Vibhaṅga does not discuss the issue of bhikkhus who intentionallymake active contact with women for purposes other than lust or affection — e.g.,helping a woman who has fallen into a raging river — but the Commentary does. Itintroduces the concept of anāmāsa, things carrying a dukkaṭa penalty whentouched; women and women's clothing top the list. (See BMC2, Appendix V for theentire list.) It then goes into great detail to tell how one should behave when one'smother falls into a raging river. Under no circumstances, it says, should one grabhold of her, although one may extend a rope, a board, etc., in her direction. If shehappens to grab hold of her son the bhikkhu, he should not shake her off butshould simply let her hold on as he swims back to shore.Where the Commentary gets the concept of anāmāsa is hard to say. Perhaps itcame from the practices of the brahman caste, who are very careful not to touchcertain things and people of certain lower castes. At any rate, there is no directbasis for it in the Canon. Although the concept has received wide acceptance inTheravādin Communities, many highly respected Vinaya experts have made anexception right here, saying that there is nothing wrong in touching a woman whenone's action is based not on lust but on a desire to save her from danger. Even ifthere is an offense in doing so, there are other places where Buddhaghosarecommends that one be willing to incur a minor penalty for the sake of compassion(e.g., digging a person out of a hole into which he has fallen), and the sameprinciple surely holds here.There is no offense in touching a being other than a woman if one's intentions arenot lustful, although tickling is an offense under Pc 52.Effort. Acts of lustful but indirect bodily contact with a woman one perceives to be awoman and a paṇḍaka one perceives to be a woman carry the following penalties:For the woman: Using one's body to make contact with an article connected to herbody — e.g., using one's hand to touch a rope or stick she is holding: a thullaccaya.Using an item connected with one's body to make contact with her body — e.g.,using a flower one is holding to brush along her arm: a thullaccaya.Using an item connected with one's body to make contact with an item connectedwith her body: a dukkaṭa.89