BUDDHIST MONASTIC CODE I

The In-accordance-with-the-Rule Chapter Chapter 8.8Transactions. A transaction is a procedure by which a Community issues astatement to settle an issue (see BMC2, Chapter 12). Cv.IV gives the pattern forsuch procedures, stating the minimum number of bhikkhus that have to be presentfor the transaction, the qualifications (positive or negative) of the individual orsituation warranting the act, and the formal pattern for the statement — adeclaration, a motion, a motion with one announcement, or a motion with threeannouncements — that constitutes the transaction. Thus the Vibhaṅga to this ruledefines transaction as any of the four types of statements that form the heart of thetransaction. A transaction carried out in accordance with these patterns is said tobe carried out in accordance with the rule.However, for a transaction to be valid and irreversible, it must be carried out notonly in accordance with the rule but also by a complete assembly (Mv.IX.2.4). Thispoint is to prevent small factions from carrying out transactions as they like. Whenthis point was first raised, the question arose, How many bhikkhus are needed foran assembly to be complete? All the bhikkhus in the world? All the bhikkhus in aparticular monastery? The Buddha's answer was, All the bhikkhus in a monastery,and he gave permission for the bhikkhus to mark out territories (sīmā) so as todetermine who did and did not have to join in the transaction for the assembly to becomplete (Mv.II.5.2,6.1,12.7). Later, he gave permission that an ill bhikkhu livingwithin the territory did not have to attend the meeting, but could give his consent byproxy, through word or gesture, and the assembly would still be regarded ascomplete (Mv.II.23.1-2).Thus a complete assembly is defined as follows: All the bhikkhus of commonaffiliation within the territory are either present at the meeting (sitting withinhatthapāsa, or 1.25 meters of one another) or have given their consent by proxy,and no one — in the course of the transaction — makes a valid protest against itsbeing carried out (Mv.IX.3.5-6). (An invalid protest would be one made by someonewho is not a bhikkhu, by a bhikkhu who is insane, possessed by a spirit, outside theterritory, or suspended from the Community, or by the bhikkhu against whom the actis being carried out (Mv.IX.4.7-8).)Before we go on to discuss this rule, there are a few added points concerning theorigin story we should touch on:1) A protest does not need to be justified in order to count as valid. In other words,a bhikkhu can make protest simply because he doesn't agree with the transaction,and his protest stands regardless of whether he can find any basis for it in theDhamma and Vinaya.2) One Community may not carry out a transaction against another Community(Mv.IX.2.3). What this means is that they may carry it out against no more than threebhikkhus at a time. This is why the group-of-six bhikkhus were able to protect oneanother from being subject to a transaction, for there were usually more than threeof them at any one meeting of the Community. Even though the ones against whomthe transaction was being carried out had no right to protest, their friends did, andthey took advantage of their right.403