The Middle Length Discourses of the Buddha - Bhikkhu Nanamoli [408]
12. “Ānanda, there are these four kinds of litigation. What four? Litigation because of a dispute, litigation because of an accusation, litigation because of an offence, and litigation concerning proceedings. These are the four kinds of litigation.982
13. “Ānanda, there are these seven kinds of settlement of litigation. 983 For the settlement and pacification of litigations whenever they arise: removal of litigation by confrontation may be provided, removal of litigation on account of memory may be provided, removal of litigation on account of past insanity may be provided, the effecting of acknowledgement of an offence, the opinion of the majority, the pronouncement of bad character against someone, and covering over with grass.
14. “And how is there removal of litigation by confrontation? 984 Here bhikkhus are disputing: ‘It is Dhamma,’ or ‘It is not Dhamma,’ or ‘It is Discipline,’ or ‘It is not Discipline.’ Those bhikkhus should all meet together in concord. Then, having met together, the guideline of the Dhamma should be drawn out.985 Once the guideline of the Dhamma has been drawn out, that litigation should be settled in a way that accords with it. Such is the removal of litigation by confrontation. And so there comes to be the settlement of some litigations here by removal of litigation by confrontation.
15. “And how is there the opinion of a majority? If those bhikkhus cannot settle that litigation in that dwelling place, they should go to a dwelling place where there is a greater number of bhikkhus. There they should all meet together in concord. Then, having met together, the guideline of the Dhamma should be drawn out. Once the guideline of the Dhamma has been drawn out, that litigation should be settled in a way that accords with it. Such is the opinion of a majority. And so there comes to be the settlement of some litigations here by the opinion of a majority.
16. “And how is there removal of litigation on account of memory?986 Here one bhikkhu reproves another bhikkhu for such and such a grave offence, one involving defeat or bordering on defeat:987 ‘Does the venerable one remember having committed such and such a grave offence, one involving defeat or bordering on defeat?’ He says: ‘I do not, friends, remember having committed such and such a grave offence, one involving defeat or bordering on defeat.’ [248] In his case removal of litigation on account of memory should be pronounced. Such is the removal of litigation on account of memory. And so there comes to be the settlement of some litigations here by removal of litigation on account of memory.
17. “And how is there removal of litigation on account of past insanity?988 Here one bhikkhu reproves another bhikkhu for such and such a grave offence, one involving defeat or bordering on defeat: ‘Does the venerable one remember having committed such and such a grave offence, one involving defeat or bordering on defeat?’ He says: ‘I do not, friends, remember having committed such and such a grave offence, one involving defeat or bordering on defeat.’ Despite the denial, the former presses the latter further: ‘Surely the venerable one must know quite well if he remembers having committed such and such a grave offence, one involving defeat or bordering on defeat?’ He says: ‘I had gone mad, friend, I was out of my mind, and when I was mad I said and did many things improper for a recluse. I do not remember, I was mad when I did that.’ In his case removal of litigation on account of past insanity should be pronounced. Such is the removal of litigation on account of past insanity. And so there comes to be the settlement of some litigations here by removal of litigation on account of past insanity.
18. “And how is there the effecting of acknowledgement of an offence? Here a bhikkhu, whether reproved or unreproved, remembers an offence, reveals it, and discloses it. He should go to a senior bhikkhu, and after arranging his robe on one