Dhamma Principles › The Impartial Adjudicator: Weighty in the Community, Not in Persons
The Impartial Adjudicator: Weighty in the Community, Not in Persons
Everyday life

The Impartial Adjudicator: Weighty in the Community, Not in Persons

Majjhattena bhavitabbaṃ dhammesu ca puggalesu ca

The conduct expected of one appointed by the Saṅgha to settle a dispute: not asking the parties' names or families, giving weight to the community and the Dhamma rather than to individuals and gain, not whispering or making gestures, neither dropping nor adding to testimony, reassuring the fearful and restraining the fierce, and not looking down on anyone for having fewer supporters or less learning.

8 points

The Parivāra is the last book of the Vinaya Piṭaka, summarising Vinaya material in question-and-answer form. In the Cūḷasaṅgāma and Mahāsaṅgāma sections it explains how monks involved in disputes in the Saṅgha — especially an adjudicator the Saṅgha has approved — should conduct themselves.

The Cūḷasaṅgāma begins by saying that the adjudicator should not ask about the parties' preceptor, teacher, pupils, birth, name, clan or place of origin, because affection or aversion might arise, leading to bias through desire, hatred, delusion or fear. It then gives a long list of guidance on attitude, speech and demeanour, ending with the instruction to be impartial both regarding the Dhamma and regarding persons.

In the Adhikaraṇavūpasama chapter of the Upālipañcaka, the Buddha says repeatedly that one who does not go the four wrong ways, and who gives weight to the Saṅgha rather than to individuals, or to the true Dhamma rather than material gain, is fit to settle disputes. The Mahāsaṅgāma also warns one speaking in the Saṅgha not to look down on others because he has supporters, is learned or is senior.

  1. 1

    Not asking names, families or affiliations Na nāmaṃ pucchitabbaṃ na gottaṃ pucchitabbaṃ

    The adjudicator should not ask about the parties' preceptor, teacher, pupils, birth, name, clan, tradition, family or place of origin, because once known, affection or aversion towards the person may arise, leading to bias through desire, hatred, delusion or fear.

    Applying it in daily life

    When reviewing work or selecting people, hide names, institutions or connections as far as you can, and look only at the substance.

  2. 2

    Weighty in the community, not in persons Saṅghagarukena bhavitabbaṃ no puggalagarukena

    The adjudicator should give weight to the Saṅgha, not to individuals. In the Upālipañcaka the Buddha likewise says that one who does not go the four wrong ways and who gives weight to the Saṅgha rather than individuals is fit to settle disputes.

    Applying it in daily life

    When deciding something involving a close friend or someone powerful, ask yourself: if someone else had done exactly this, would I decide the same way?

  3. 3

    Weighty in the Dhamma, not in gain Saddhammagarukena bhavitabbaṃ no āmisagarukena

    The adjudicator should give weight to the true Dhamma, not to material gain. A Parivāra verse likewise says the adjudicator should rely neither on gain nor on persons, but avoid both and act according to the Dhamma.

    Applying it in daily life

    If one party is a major client or key supporter, disclose that connection, or have someone else take part in the decision.

  4. 4

    Following the substance, not pleasing the audience Atthavasikena bhavitabbaṃ no parisakappiyena

    The adjudicator should be guided by the substance of the case, not by what pleases the assembly, and should investigate at the right time, truthfully, gently, beneficially and with loving-kindness.

    Applying it in daily life

    In a meeting or a thread where everyone is piling in on one side, look at the evidence first rather than deciding by the loudest voices.

  5. 5

    No whispering, winking or gestures Na upakaṇṇakajappinā bhavitabbaṃ

    The adjudicator should not whisper in people's ears, look for faults, wink, raise his eyebrows, crane his head or gesture with his hands. He should sit in his own seat, be unhurried and not fierce, patient with words, not prone to idle talk, and free of enmity.

    Applying it in daily life

    While someone is explaining themselves, don't exchange glances or send side messages to others in the room. Small gestures make the person feel already judged.

  6. 6

    Neither dropping what was said nor adding what wasn't Vuttaṃ ahāpentena avuttaṃ appakāsentena

    The adjudicator should keep track of what both sides said without omission, not introduce what was not said, remember the relevant words well, question, and decide according to admission.

    Applying it in daily life

    When summarising a conflict discussion, read the summary back to both sides — "Have I got this right?" — before using it to decide or report.

  7. 7

    Reassure the fearful, restrain the fierce, be gentle with the straightforward Bhīru assāsetabbo caṇḍo nisedhetabbo

    If the accuser or accused is nervous, he should be put at ease; if timid, reassured; if fierce, restrained; if impure, corrected; if straightforward, treated with gentleness. The adjudicator should not go the four wrong ways, and should be impartial both regarding the Dhamma and regarding persons.

    Applying it in daily life

    If a child or new employee is too scared to speak, first say you're there to understand what happened. If someone is raising their voice over others, stop them politely but clearly.

  8. 8

    Not looking down on anyone for being above them Bahussutomhīti appassuto nāvajānitabbo

    The Mahāsaṅgāma teaches one speaking in the Saṅgha not to look down on the other side thinking "I have supporters", not to look down on the less learned thinking "I am learned", not to look down on juniors thinking "I am senior", not to speak of what has not yet come up, and to settle the matter in accordance with the Dhamma and the Vinaya.

    Applying it in daily life

    When you are the boss, the senior or on the majority side, take the views of younger or less experienced people especially seriously.

Try it in daily life

Everyone ends up as the one in the middle sometimes — parents settling a quarrel between children, a manager looking into a complaint, a group admin dealing with members. The Parivāra's guidance is detailed enough to use as a checklist.

What applies at once: set your criteria before seeing who is involved, treat every side with the same demeanour, record both sides' words fully without adding your own opinion, and beware of pleasing the majority in the room instead of following the actual facts.

A subtler point is caring for the parties' emotions. The Parivāra doesn't ask the adjudicator to be cold; it asks him to reassure the fearful, restrain the fierce and be gentle with the straightforward.

Sign in to keep track of what you have read

Sources in the Tipiṭaka

Tap to read the actual passage on the page cited.

Other principles worth reading

Log in to earn 40 merit points for reading this page