Jaina Monastic Jurisprudence

This document is a comprehensive academic work titled "Jaina Monastic Jurisprudence" by Shantaram Balchandra Deo, published by the Jaina Cultural Research Society in Banaras in 1960. The book is based on three lectures delivered by the author in November 1959.

Here's a summary of the key aspects covered in the text:

1. Background and Scope:

• The author acknowledges the significant progress in Jainological research, moving beyond the misconception of Jainism as a mere offshoot of Brahmanism.
• He highlights the crucial role of canonical texts, specifically the Angas and Angabhāhyas of the Digambaras and the Angas, Angabhāhyas, and Anuyogas of the Svetāmbaras, as the foundation for Jaina monastic jurisprudence.
• The book aims to present a non-sectarian and unbiased overview of the organizational discipline, rules, transgressions, and punishments within Jaina monachism.
• The author notes that while his own prior work, "History of Jaina Monachism from Inscriptions and Literature," forms the core, this book systematizes and augments the information.

2. The Canon and Source Texts:

• The text discusses the Svetāmbara canon, its development through various councils (Pāțaliputra, Mathura, Valabhi), and the acknowledged loss of some texts like the Pūrvvas. The historical tracing of the canon's development is noted as challenging due to these factors.
• The Svetāmbara canon is described as comprising forty-six texts, though some scholars list eighty-six.
• The Digambara perspective is presented: they disown the Svetāmbara canon, believing it to be lost, and advocate a canon comprising Angas, Angabāhiras, and Anuyogas.
• Despite differences in canonization, significant overlap exists in text names and even content (e.g., Mūlācāra and Dasaveyaliya). Both traditions hold the Angas in high esteem, and many monastic life details are common.
• The "Cheyasuttas" of the Svetāmbara canon and the "Carananuyoga" texts of the Digambaras are identified as the most valuable sources for monastic jurisprudence.
• Key Svetāmbara texts discussed include Nisihasutta, Mahānisiha sutta, Vavahara sutta, Dasāsuyakkhandha, Kappasutta, and Pañcakappa (later replaced by Jiyakappa). The text also mentions the importance of commentaries (cunnis and bhāsas) for understanding the practical application of these rules.
• For Digambaras, Mūlācāra is highlighted as an invaluable text for monastic life details.

3. The Spirit and Formulation of Monastic Rules:

• The foundational principle of all monastic rules is the five great vows (Pañca Mahāvvyayas): Ahimsā, Sacca, Asteya, Aparigraha, and Brahmacarya. These are to be followed in thought, word, and deed.
• The numerous rules evolved from the necessity of strictly adhering to these vows, but also from an understanding of human psychology and social dynamics.
• Rules were framed to maintain monastic purity while respecting social etiquette. Examples illustrate this:
  • The rule against accepting food contaminated by flies (chaḍdiya) is explained by a story showing how monks should foresee and avoid worldly entanglements.
  • The prohibition against accepting food from a maternal uncle's daughter reflects the need to avoid social complications and potential misunderstandings with her husband.
  • Rules regarding study considered social psychology and political sensitivities, prohibiting study during inauspicious events or times of political tension.
  • Rules about residence considered practicalities like avoiding places frequented by undesirable elements, ensuring adequate space, and preventing potential trouble.
• Exceptions to rules (apavāya) were permitted under specific circumstances, emphasizing the spirit of the law over the letter, particularly for protecting the body to continue self-control. Decisions on exceptions were to be made by experienced seniors.

4. Custodians of Monastic Discipline and Hierarchy:

• The text details the hierarchy of monastic officials who acted as custodians and judges of monastic conduct.
• Entry into the order: Lists of individuals not allowed to become monks (eunuchs, children, sick, etc.) are provided, based on practical considerations and avoiding entanglement with non-monastic affairs. This list is similar for both Svetāmbara and Digambara traditions.
• Hierarchy:
  • Śvetāmbara Hierarchy: Discusses probationers (seha, antevāsi, śūmanera), Theras (defined by age and standing, with various categories like kula-thera, gana-thera, samgha-thera, suya-thera), Upādhyāya (teacher of scriptures), Ācārya-Upādhyāya, Ācārya (head of a group of monks), Gani, and Gaṇāvacchedaka.
  • Nuns' Order: The organization of nuns is described as subordinate to the monk order, with officials like Gaṇini, Pravartinī, Gaṇāvacchedinī, Abhisekā, and Therī. A significant point is the acknowledged inferiority of nuns, even to junior monks, and the Digambara view that women cannot attain liberation without rebirth as a male.
  • Digambara Hierarchy: Mentions officers like Sāhu, Thera, Upādhyāya, Āiriya, Ganahara, Sūri, and Pavatta, with similar roles likely to their Svetāmbara counterparts.
• Seniority and Succession: Rules for seniority and succession aimed to prevent nepotism and favouritism, blending respect for age with scholarship and moral conduct. The importance of relearning texts if knowledge was forgotten is highlighted. The democratic aspect of the church's ability to question and potentially remove a successor is mentioned.

5. Laws of Jurisprudence and Their Working:

• Prāyaścittas (Penances/Punishments): The text details ten main prāyaścittas for Svetāmbaras:
  1. Ālocanā (Confession)
  2. Padikkamaņa (Condemnation of transgression)
  3. Ālocanā-Padikkamaņa (Confession and condemnation)
  4. Tyāga (Giving up transgressions)
  5. Kāyotsarga (Meditation/Body stillness)
  6. Tapas (Penance/Fasting)
  7. Parikarma (Re-consecration/Purification)
  8. Pārihāra-viśuddhi (Purification through isolation/penance)
  9. Santaracheda (Cut in standing/suspension)
  10. Pārāñcika (Expulsion)
• Digambaras have a slightly different list, substituting 'parihāra' and 'saddhāna' for the last two.
• Implementation: The ācārya generally held the authority to decide on severe punishments like 'cheda' or 'pārāñcika'.
• Procedure: Jaina texts are silent on formal assembly procedures like Buddhist Vinaya. The accused had the right to explain their position, emphasizing the principle of "saccapainņā vavahārā" (truthful conduct in practice). Circumstances of the transgression (deliberate vs. unintentional) were considered.
• Severity of Punishment: Punishment depended on the nature of the transgression, the status of the transgressor in the hierarchy, and aggravating/mitigating circumstances. For instance, breaking a rule at night was more severely punished than during the day.
• Life Under Punishment: Punished monks often led rigorous lives, with isolation and specific dietary restrictions.
• Commutation of Punishment: The Samgha (community) had the power to commute punishments, sometimes influenced by political considerations.
• Laws for Nuns: The rules and punishments were generally the same for nuns as for monks, though their subordinate status was maintained.

6. Salient Features of Jaina Monastic Jurisprudence:

• Emphasis on moral values, blended with age and academic qualifications.
• The law acted as an equalizer, with higher status leading to more severe punishment for the same offense.
• The accused had ample opportunity to explain their position, and the elders put faith in the defense.
• Opportunity for improvement and re-entry into the order after punishment was possible.
• Consideration of circumstances, motives, and social/geographical peculiarities led to flexibility through exceptions ('apaddharma').
• The arrangement of rules was often heterogeneous, with later commentaries providing context.
• Unlike Buddhist texts, Jaina texts generally lack detailed narratives explaining the background of each rule.

7. Comparison with Buddhist Jurisprudence:

• Both traditions have a heterogeneous classification of laws.
• Buddhist Vinaya often includes episodes explaining rule formulation, which is less common in Jaina texts.
• Buddhist rules were often attributed to the Buddha, giving them more solemnity.
• Buddhist offenses were categorized differently, and trials were more elaborate, involving assemblies, voting, and juries. Jaina texts are less specific about trial procedures, focusing more on the Samgha's role in commuting punishment.

8. Transgressions and Punishments:

• A detailed list of representative transgressions across various fields of monastic life (Church Affairs, Moral Discipline, Residence, Food and Begging, Study, Requisites, Clothing, Touring, Penance, Death) is provided, along with prescribed punishments (e.g., māsalaghu, māsaguru, cheda, mūla, anavasthāpya, pārāñcika).
• Notable examples include rules about food purity, proper disposal of waste, appropriate speech, interaction with the opposite sex, and conduct during travel. The severity of punishment often escalated based on the specific context or transgression.

In essence, "Jaina Monastic Jurisprudence" by S. B. Deo offers a scholarly exploration of the sophisticated system of rules, administration, and disciplinary actions that governed the lives of Jaina monks and nuns, emphasizing ethical foundations, social awareness, and practical considerations within the monastic framework.