四分律刪繁補闕行事鈔 1.328

1.328

初中立治。此法與餘羯磨有異，故先明之。緣起十種，如上具七法已。八陳意中，此心違故，須僧證正其罪，得伏，方與。應召來入眾，當前為舉（謂僧中德人舉告僧言，比丘某甲犯罪）。舉已，為作憶念（謂在某處、某時、其某人、作某罪，令其伏首，自言陳已）。應與罪（謂汝犯某事，應作訶責治）。上座應準遮法，具問能舉徒眾上下，及所舉人已，聽許舉之。如上作已，索欲問和，便作羯磨。律文舉鬪諍事，及論當時，未必如文；隨其有犯，準改牒用。應言：「大德僧聽！此某甲、某甲比丘，喜相鬪諍，互求長短；令僧未有諍事而有諍事，已有諍事而不除滅。若僧時到僧忍聽：僧為某甲、某甲比丘作訶責羯磨；若後更鬪諍共相罵詈者，眾僧當更增罪治（謂作惡馬治，驅出眾）。白如是。」「大德僧聽！此某甲、某甲二比丘，喜相鬪諍互求長短；令僧未有諍事而有諍事，已有諍事而不除滅。僧今為某甲某甲二比丘作訶責羯磨。誰諸長老忍僧為某甲、某甲二比丘作訶責羯磨，若後更鬪諍者，僧更增罪治者，默然；誰不忍者，說。此是初羯磨。」（三說已）。「僧已忍！為某甲、某甲二比丘作訶責羯磨竟。僧忍，默然故。是事如是持。」若明不成者，律云：若不舉、不作憶念、不伏首罪，或無犯、犯不應懺罪、若犯罪已懺竟、而不現前，及人法二非。並作法不成，得罪。

First, the establishment of the discipline: This method differs from other karmans, so it is explained first. There are ten points of causal origin; the seven methods above are already complete. In the eighth, stating the intention, because this mind is contrary, it requires the saṃgha to witness and rectify his offense, and once he submits, it may then be granted. He should be summoned to enter the community and have the accusation brought forward before him (meaning a virtuous person in the saṃgha announces to the saṃgha, saying, 'Bhikṣu so-and-so has committed an offense'). Having accused him, establish the mindfulness procedure for him (meaning: at such-and-such place, at such-and-such time, that so-and-so committed such-and-such offense, causing him to bow his head and confess it himself). The offense should be assigned (meaning: 'You have committed such-and-such matter, and should be subjected to the discipline of censure'). The sthavira should, in accordance with the suspension procedure, fully question both the accusers and the assembly high and low, as well as the accused person, and only after consent is granted may they accuse him. Having done so as above, seek the chanda, ask about harmony, and then carry out the karman. The Vinaya text cites instances of disputation; when it comes to the actual occasion, it will not necessarily be identical to the text; depending on the transgression, one should adapt and recite accordingly. One should say: 'May the venerable saṃgha listen! These bhikṣus, so-and-so and so-and-so, are fond of quarreling with each other and finding fault with one another, causing the saṃgha to have disputes where there were none, and not extinguishing disputes where they already existed. If the time has arrived for the saṃgha, and the saṃgha approves: the saṃgha will perform the censure karman for the bhikṣus so-and-so and so-and-so; if later they quarrel further and revile each other, the community of the saṃgha will increase their offense and discipline them further (meaning applying the wild horse discipline and driving them out of the community). This is the motion.' 'May the venerable saṃgha listen! These two bhikṣus, so-and-so and so-and-so, are fond of quarreling with each other and finding fault with one another, causing the saṃgha to have disputes where there were none, and not extinguishing disputes where they already existed. The saṃgha now performs the censure karman for the two bhikṣus so-and-so and so-and-so. Whichever elders approve of the saṃgha performing the censure karman for the two bhikṣus so-and-so and so-and-so, and if they quarrel further later, the saṃgha increasing their offense and disciplining them further, remain silent; whoever does not approve, speak! This is the first motion.' (Said three times). 'The saṃgha has approved, having completed the censure karman for the two bhikṣus so-and-so and so-and-so. The saṃgha approves, because it is silent. Thus is this matter maintained.' If explaining its invalidity, the Vinaya states: 'If one does not accuse, does not establish the mindfulness procedure, [the offender] does not bow his head to the offense, or there is no offense, or the offense is not one that should be repented, or the offense has already been repented, or he is not present, or both the person and the procedure are deficient: in all such cases, the ritual procedure is invalid, and one incurs an offense.'