Пачиттия 44. Сидение наедине с женщиной (1)

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44. Should any bhikkhu sit in private on a secluded seat with a woman, it is to be confessed. ¶
There are three factors for the offense here. ¶
1) Object: a female human being, "even one born that very day, all the more an older one." ¶
2) Effort: One sits with her in a private, secluded seat without another man present. ¶
3) Intention: One is aiming at privacy. ¶
Object.
Woman here includes women as well.
In other words, even if one is sitting with many women in the secluded area, one is not exempt from this factor. ¶
A female human being is grounds for a pācittiya; a paṇḍaka, a female peta, a female yakkha, and an animal in the form of a woman, grounds for a dukkaṭa. ¶
Perception as to whether a person is actually a woman is not a mitigating factor (see Pc 4). ¶
Effort.
Sitting also includes lying down.
Whether the bhikkhu sits near the woman when she is already seated, or the woman sits near him when he is already seated, or both sit down at the same time, makes no difference. ¶
Private means private to the eye and private to the ear.
Two people sitting in a place private to the eye means that no one else can see if they wink, raise their eyebrows, or nod (§).
If they are in a place private to the ear, no one else can hear what they say in a normal voice. ¶
A secluded seat is one behind a wall, a closed door, a large bush, or anything at all that would afford them enough privacy to commit the sexual act. ¶
According to the Commentary, private to the eye is the essential factor here.
Even if a knowledgeable man is within hearing but not within sight — i. e. , he is sitting just outside the door to the private place — that does not exempt one from the offense here.
The Vibhaṅga states that the presence of a man within sight absolves one from this factor only if he is knowledgeable enough to know what is and is not lewd.
The Commentary adds that he must also be awake and neither blind nor deaf.
Even a distracted or drowsy man, though, if he meets these criteria, would absolve one from this factor. ¶
Intention.
The non-offense clauses give an exemption for a bhikkhu "not aiming at privacy," but the Vibhaṅga nowhere explains what this means.
In light of its definition of private, "aiming at privacy" could mean simply not wanting anyone near enough to hear what he is saying or to see him wink, raise his eyebrow, or nod. ¶
The Commentary offers an alternative explanation, defining aiming at privacy as being impelled by any defilement related to sex, but this explanation opens as many questions as it tries to resolve.
Does it refer solely to the desire for intercourse or to other more subtle sexually-related desires such as those listed in AN VII. 47?
That is the discourse describing a brahman or contemplative who observes the celibate life by not engaging in sexual intercourse but whose celibacy is "broken, cracked, spotted, and blemished" by the joy he finds in any of the following activities: ¶
1) He consents to being anointed, rubbed down, bathed, and massaged by a woman. ¶
2) He jokes, plays, and amuses himself with a woman. ¶
3) He stares into a woman's eyes. ¶
4) He listens to the voices of women outside a wall as they laugh, speak, sing, or cry. ¶
5) He recollects how he used to laugh, converse, and play with a woman. ¶
6) He sees a householder or householder's son enjoying himself endowed with the five sensual pleasures. ¶
7) He practices the celibate life intent on being born in one or another of the deva hosts, (thinking) "By this virtue or practice or abstinence or celibate life I will be a deva of one sort or another." ¶
The joy a person finds in any of these things is termed a sexual fetter (methuna-saṃyoga) that prevents him from gaining release from birth, aging, and death, and from the entire round of suffering.
If the Commentary is indeed referring to this sort of thing when it mentions "defilements related to sexual intercourse" (methuna-nissita-kilesa), then in light of its interpretation, the factor of intention under this rule would be fulfilled by such things as wanting to joke with the woman, to stare into her eyes, or to enjoy hearing her voice as she talks or laughs. ¶
The Vinaya-mukha provides a third interpretation, defining "not aiming at privacy" with the following illustration: A bhikkhu is sitting in a secluded place with a man and woman present, but the man gets up and leaves before the bhikkhu can stop him.
In other words, the bhikkhu is not intending to sit alone in private with the woman at all, but circumstances beyond his control force him to. ¶
Although the first interpretation, because it adheres most closely to the wording in the Vibhaṅga, is probably the correct one here, the Vinaya-mukha's is probably the safest, and many Communities adhere to it with good reason.
Both the Canon and the Commentary give frequent warnings about the dangers that can arise when a bhikkhu sits alone with a woman even when his original intention is innocent.
His own defilements may eventually tempt him to do, say, or think things that are detrimental to his resolve in the celibate life; and even when his motives are pure, he is inviting the suspicions of others.
Ay 1 requires that if a trustworthy outside witness is suspicious of a bhikkhu's sitting alone with a woman — and unless he is sitting with his mother or other elderly relative, it's rare that outsiders won't be suspicious — the Community must meet to investigate the issue.
Even though they may find him innocent of any wrong doing, the fact that they have had to investigate his behavior is usually enough to keep suspicions alive among the laity and to create resentment among his fellow bhikkhus over the waste of their time due to his indiscretion.
At the same time, a bhikkhu sitting alone with a woman is leaving himself at the mercy of the woman, who will later be free to make any claims she likes about what went on while they were alone together.
As Lady Visākhā said in the origin story to Ay 1, "It is unfitting and improper, venerable sir, for the master to sit in private, alone with a woman... Even though the master may not be aiming at that act, cynical people are hard to convince." ¶
Thus the wise policy would be to be no less strict than one's Community in interpreting this factor. ¶
Non-offenses.
In addition to the bhikkhu not aiming at privacy, there is no offense for the bhikkhu who sits alone with a woman when his attention is elsewhere — e. g. , he is absorbed in his work or his meditation when a woman comes in and sits down in the room where he is sitting.
Also, there is no offense if either the bhikkhu or the woman or both are standing, or if both are sitting when a knowledgeable man is present. ¶
Summary: When aiming at privacy, sitting or lying down with a woman or women in a private, secluded place with no other man present is a pācittiya offense. ¶
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Пачиттия 45. Сидение наедине с женщиной (2)

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