Confession 166

First Origin Story

At that time, the Blessed One was in Sāvatthī in Jeta’s grove, Anāthapiṇḍika’s park.

Then there were bhikkhunīs who ordained intersex people. When they defecated and urinated, a bhikkhunī saw it and told the other bhikkhunīs.

When the bhikkhunīs heard this, there were among them those with few wishes, who knew moderation, who practised the austerities, who were keen on training in the precepts, and who knew shame. They rebuked these bhikkhunīs: “Why did you just ordain intersex people?” Then they told the bhikkhus, and the bhikkhus went and told the World-honored One. The World-honored One for this reason gathered the bhikkhu sangha and criticized these bhikkhunīs: “What you did is wrong, is improper conduct, against the rules of renunciates, an impure practice, a practice not to be followed, shouldn’t be done. Why, bhikkhunīs, did you ordain intersex people?” When he had criticized them in countless ways, he said to the bhikkhus: “These bhikkhunīs have all kinds of taints, and are the first to break this precept. From now on, I’ll lay down a precept for the bhikkhunīs, and state the 10 principles: … So that the true dhamma may last long. Someone wishing to recite the precept should recite like this:

Preliminary Ruling

‘If a bhikkhunī gives the full ordination to an intersex person, it’s a pācittiya.’” In this way the World-honored One laid down the precept for the bhikkhunīs.

Second Origin Story

Then the bhikkhunīs didn’t know if someone was intersex or not. They only found out later that someone was intersex. Some confessed a pācittiya. Some had doubts. The Buddha said: “If you don’t know, there’s no offense. From now on, you should recite the precept like this:

Final Ruling

‘If a bhikkhunī knows that someone is intersex, and gives them the full ordination, it’s a pācittiya.’”

Explanation

The meaning of “bhikkhunī” is as above.

“Intersex” means the male sex and the female sex.

If a bhikkhunī knows that someone is intersex, and gives them the full ordination, when they’ve carried out the three announcements, the preceptor commits a pācittiya. When they’ve carried out the motion and two announcements, it’s three dukkaṭas. When they’ve carried out the motion and one announcement, it’s two dukkaṭas. When they’ve carried out the motion, it’s one dukkaṭa. If the motion hasn’t yet been finished, it’s a dukkaṭa. If they haven’t yet done the motion, when they shave their head, when they give them the precepts, when they gather the sangha, or when the assembly is complete, in all cases it’s a dukkaṭa.

For a bhikkhu, it’s a dukkaṭa. This is called “to commit”.

“Not committed” means if she doesn’t know at first, if she believes that person’s words, if she believes a trustworthy person’s words, if she believes their parents’ words, or if she gives them the full ordination, and (the new bhikkhunī) later turns into an intersex person, the offense isn’t committed.

“Not committed” means if she’s the first offender when the precept hadn’t yet been laid down, if she’s mad, if she’s distracted, or if she’s overcome with pain. (End of the 166th rule.)