This study is devoted to the problem of the confessional policy of state power in Japan in the VII—VIII centuries in relation to Buddhism based on the study of individual articles from the special legislative code "Sonire" ("Rules and Restrictions for Nuns and Monks"), introduced by the government to control the Buddhist Sangha. This code was part of a single set of laws "Taihore", adopted at the end of the VII century.and compiled on the basis of Chinese legislative statutes of the Sui (581-618) and Tang (618-907) periods. In an effort to integrate Buddhism into the government system, the Ritsure Government tried to introduce the Buddhist Sangha within the Confucian legislative framework that prioritized public service. Having received the same privileges as government officials, Buddhist monks and nuns had to treat service to the state as a personal duty.

Key words: Buddhist sangha, ritsure, Sonire, Taihore.

The period from the seventh to the eighth centuries in Japan is characterized by a radical change in the state and social system, when in a surprisingly short time the country where the tribal system prevailed turned into a centralized state with a developed bureaucratic system (ritsure).

It is noteworthy that it was during this period that Buddhism, which appeared in Japan in the sixth century, gradually turned into a state religion with the support of the imperial court. The policies of Emperors Temmu (673-686), Shōmu (724-749), Jito (686-697), and Koken (756-783) helped transform Buddhism into a means of state ideology. Simultaneously with the introduction of Buddhism into the system of state power, during the reign of Empress Suiko, in 603, a system of 12 state ranks (kang'i junikai) was introduced, borrowed from China. In the same year, the Oharida no miya Palace was built, the structure of which, according to Osumi Kiyoharu, dates back to the Chinese imperial palaces of the Sui Dynasty. According to the plan of its creators, it was supposed to be the first imperial palace in which state affairs were handled and court ceremonies were held. The palace premises were located in accordance with the Chinese concept of symmetry-from west to east [Osumi Kiyoharu, 2010, p. 68]. The following year, court etiquette was introduced, requiring courtiers to enter and leave the imperial palace in accordance with rules based on Confucian etiquette.

It should be noted that at the beginning of the seventh century, Confucian culture, as well as Buddhism, spread mainly due to Buddhist monks from Korea who arrived in Yamato at the invitation of Empress Suiko. They were assigned a special role: they were supposed to teach young aristocrats not only Buddhist philosophy, but also other sciences accepted at the Chinese and Korean courts: astronomy,

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geography, the art of making a calendar, Taoist magic. The monk Kwankeung, originally from Baekje, became the tutor of the above-mentioned sciences for the courtiers, and another monk, Hyoja, became the teacher of Prince Shotoku and maintained contact with him until the death of the heir to the throne [Nihon seki..., 1997, vol. II, p. 91].

The Government's attitude towards Buddhism as a State religion is best described in the Sonire Legislative Code for Buddhist Clergy ("Rules and Restrictions for nuns and monks"). This code is part of the unified code of laws "Taihore", adopted at the end of the VII century.and compiled on the basis of Chinese legislative statutes of the Sui and Tang periods.

Before proceeding to the Sonire, it is necessary to mention the Vinaya (or Pratimoksha), the Buddhist canon of monastic discipline and moral education, which regulated the behavior of members of the sangha.

Speaking of vinaya, it should be clarified that there are two meanings of this word. The first refers to vinaya as the general name of moral and ethical teachings, rules, precepts, vows, etc. for all Buddhist schools. The second meaning of this word refers to the Vinaya-Pitaka ("Basket of Manuals on Moral Education"), the first multi - volume book of the Buddhist Tripitaka canon. The first part contains a detailed description of the Buddhist charter (mandatory rules of conduct for monks and nuns, rules of living, dressing, etc.), also known as "Pratimoksha" (Matsunaga and Matsunaga, 1987, vol. I, p. 49].

The introduction of the Vinaya, designed to consolidate the Buddhist community, paradoxically contributed to its final split and the emergence of various philosophical schools of Buddhism, each of which interpreted the Vinaya but-in its own way. By the time Buddhism reached the Far East, there were four types of vinaya: the four-category vinaya of the Dharmagupta school (sibunritsu), the ten-reading vinaya of the sarvastivada school (jujuritsu), the five-category vinaya of the mahishasaka school (goburitsu), and the mahasangika vinaya (makasogiritsu) [ibid.].

Of all the above-mentioned texts, only the vinaya of the five categories is widely used. In China, it formed the basis of the Liu school (Japanese ritsu), founded by the monk Daoxuan (596-667), a disciple of Xuanzang.

In Japan, however, the vinaya appeared at the end of the sixth century thanks to the activities of Buddhist monks from Baekje (ibid., pp. 49-52). However, it did not find practical application for a long time, which created certain difficulties in relations between the Buddhist Sangha and the state at an early stage. This is evidenced by the decree of Empress Suiko of 624, the reason for the publication of which was a crime committed by one of the monks. Under this decree, the special administrative posts of sojo and sozu were established to oversee monks and nuns, with sojo being appointed as a Buddhist monk and sozu as a government official. An official named hoju was also appointed in charge of the temple property. As a result, a census of Buddhist temples, monks and nuns was conducted. According to it, during Suiko's reign there were 46 Buddhist temples, 816 monks and 569 nuns, for a total of 1,385 Buddhist monks in the country [Nihon Seki..., 1997, vol. II, p. 111].

According to researchers Daigan and Alicia Matsunaga, the fact that the Buddhist sangha in Japan did not have a clearly defined monastic charter for a long time can be explained as follows: the teachings of various schools that penetrated Japan were mainly philosophical and not related either to the practical aspects of religion, such as the behavior of clergy, or to the complex issue of initiation [Matsunaga, Matsunaga, 1987, vol. I, p. 49].

The need to introduce a single vinaya for all Buddhist schools in Japan began to be recognized by the representatives of the supreme power from the first half of the VIII century. For this

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Later, Emperor Shōmu (724-758) sent two priests - Eiei of Gangoji Temple and Fusyo of Daianji - to China.

After ten years of studying in China, Fuse (Eiei died of an illness) persuaded the famous mentor Vinai Jianzhen (Yan Ganjin) to go with him to Japan.

Gandzin belonged to the Vinaya Dharmagupta school (Chinese: si feng lui; Japanese: sibunritsu), whose interpretation of the vinaya was considered standard in Chinese schools. In 753, he arrived in Japan and erected the first kaidan in the Todaiji Temple, a platform for initiation in accordance with the shibunritsu traditions, and the interpretation of this school has now become fundamental in Japan. Similar kaidans were erected in the temples of Yakushiji and Kannonji (Tsukushi Province).

In 754, a solemn dedication ceremony was held at the Todaiji Temple, during which Emperor Shōmu, his wife and children, and their retinue of 440 people, received the shila, a set of moral rules that lay Buddhists should apply every day in practice, from the Ganjin. In the biography of Ganjin compiled by his contemporary Omi no Mifune, it is specified that the sovereign, empress and Crown Prince accepted the "bodhisattva precepts" from Ganjin and on the same day about 400 monks and nuns rejected the former vinaya in order to follow the laws of shibunritsu.

The Sonire Code, in turn, consisted of 27 articles that were publicly read out to high-ranking monks in 701 at the Daianji Temple (Augustine, 2005, p. 23). According to the Ritsure Interpretation Anthology (Ryo-no Shuge) (868), Sonire was compiled on the basis of the Taoseng, Chinese codices for Buddhist and Taoist monks of the Tang era. Unfortunately, they were only partially preserved, so Futaba Kenko tried to reconstruct them based on quotations from "Ryo-no shuge" [Futaba Kenko, 1994, p. 65-66]. According to his research, the Taoseng was composed in China at the beginning of the seventh century. Apparently, the Tang imperial court regarded Taoist and Buddhist monks as a kind of" religious state officials", so they were forbidden to preach outside the temples. The government feared that itinerant monks might incite the people to revolt with their sermons, and therefore drew a hard line between official and self-proclaimed monks [ibid.].

Most of the articles from Sonire are based on the corresponding ones from Daosengge. However, Nakai Shinko pointed out that at least four articles from Sonire have no analogues in Daoseng. He explains this by saying that some of the articles were added later by the compilers of Ryo - no Shuge under the influence of Japanese realities of the Asuka period (Nakai Shinko, 1994, p. 83). Thus, in article 25 of the Code, Sonira was ordered to expel monks or nuns to remote provinces if they violated the monastic penance three times. Although there may have been an article about exile in Taoseng, Nakai points out that this division between capital and provinces was not typical of sixth—and seventh-century China, which had several geopolitical centers. Article 19, which requires monks to dismount while traveling and hide their faces when meeting officials of the third rank and above, is also absent from the Taoseng [Nakai Shinko, 1994, p. 84].

The main difference between Daoseng and Sonire was that the main goal of Sonire was to restrict the activities of monks outside State temples and shrines, while Daoseng primarily sought to equalize the rights of Taoist and Buddhist monks. Thus, article 23 of the Sonira prescribed strict penance for monks and nuns who read sermons to lay people outside the temple walls and distribute sutras and images of the Buddha among them. The students themselves should have been held criminally liable [Taihore, 1985, p. 72].

Monks and nuns were forbidden not only to preach in places not intended for this purpose, but also to engage in divination, distribution of talismans, shamanism-

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pto and treatment of people (articles Nakai Shinko, 1994, p. 1 and 2) [Taihore, 1985, p. 66]. This shows that Buddhist monks were popular among the common people primarily as fortune tellers and healers, but the government was not satisfied with the spread of Buddhism in the country outside of state control. In accordance with articles 2 and 5, monks who left the monastery without permission, established a chapel without the permission of the authorities, and taught the people should be immediately stripped of their hair (Taihore, 1985, p. 67).

The government sought to regulate every step taken by representatives of the Buddhist Sangha. Even if a monk or nun intended to lead the life of a hermit, it was necessary to notify the "Department of Clergy Affairs" ("Sogosei"), created during the time of Empress Suiko. Official and monastic authorities should have known that the hermit was constantly staying in a certain mountain shelter, which he was forbidden to leave [Taihore, 1985, p. 69].

Articles 18 and 26 of the Sonire Code prohibited monks and nuns from acquiring private garden plots, houses, and property, engaging in trade and usury, and accepting gifts of slaves, livestock, and weapons (Taihore, 1985: 70, 73). This was evidence of attempts to establish government control over the redistribution of land ownership between temples, which began under Emperor Temmu. It should be borne in mind, however, that these prohibitions did not apply to large Buddhist temples that continued to own land and have slaves. It is noteworthy that slaves who converted to monasticism were not prosecuted under the criminal code, like those who did it secretly, but if they were later stripped for misdemeanors or they themselves returned to the world, they automatically became slaves again [Taihore, 1985, p. 72].

Article 21 deserves special attention because it equates the status of monks and nuns with that of government officials. For example, if a monk or nun committed a criminal offense for which an ordinary person was entitled to 100 sticks, penance was imposed on them. Even if a monk or nun committed a more serious crime, they were still tried according to the monastery's regulations. However, these measures did not apply if the cleric was involved in an anti-government plot. In this case, he was supposed to be tried as a state criminal [Taihore, 1985, p. 71].

The government severely punished those who voluntarily took monastic vows without passing the state ordination system (sidoso)1. The Shidoso are first mentioned in chronicles dating back to the reign of Emperor Shōmu. However, J. R. R. TolkienM. Augustine believes that the prerequisites for the appearance of this phenomenon date back to the second half of the seventh century, when Emperor Temmu began to introduce a new system of land taxation [Augustine, 2005, p. 50].

This system was based on the attachment of the working population to the land and was accompanied by an increase in taxes and various duties (labor and military). During the frequent natural disasters and epidemics of the Nara period, these conditions became unbearable for many peasants. In an effort to avoid paying taxes, many became vagabonds or resorted to fictitious care as monks. In turn, the authorities tried in every possible way to resist vagrancy, including unauthorized tonsuring as a monk. Thus, article 16 warns:: "If a monk or nun resorts to such fraud as giving [his / her] name to another person for the purpose of deception, then subject him / her to a haircut and punishment under the criminal Code. At the same time, the acquirer [of the name] should be subjected to the same punishment" [Taihore, 1985, p.70]. As the medieval commentators of Sonire, the monks Resyaku and Gikai, point out, the transfer of one's monastic name to another person implied,

1 This is how shidoso Nakai Shinko and Inoue Kaoru are defined, based on the instructions of medieval commentators (see [Nakai Shinko, 1973, p. 61-62; Inoue Kaoru, 1997, p.15]).

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that a person who has received a monastic name also takes a monastic vow. There are also reports of cases where monks sold their names to lay people who wanted to pass themselves off as monks who had received official ordination. At the same time, according to one of the commentators, Gikai, it was widespread among the Sidozo to purchase the names of already deceased monks for money [Augustine, 2005, p.51]. Therefore, to prevent such practices, article 20 required Buddhist clergy and provincial governors to report the death of a monk or nun every month to the Sogo Buddhist Affairs Office and the State Council (Taihore, 1985, p. 71).

The penalties for sidozo and all those associated with them are defined in article 22: "If someone secretly takes the veil as a monk or takes someone else's monastic name, as well as if the haircut puts on a monastic vestment, then punish according to the criminal Code. If the abbot of the monastery and other pastors, as well as those living in the same cell, knew about the true circumstances, then they should all be stripped. If those living in the same cell not only knew about this, but also sheltered such a person and provided him with overnight accommodation for one night or more, then a penance of 100 days should be imposed on everyone. A monk or nun who knew the true circumstances and provided a tramp or fugitive with one night's lodging or more should also be penalized for 100 days. If the main crime of a tramp turns out to be more serious, then the monk should be tried according to the criminal Code" (Taihore, 1985, p.72).

Speaking about punishments under the criminal Code for self-proclaimed monks, medieval commentators Resyaku and Gikai point out that most often they were sentenced to one year of hard labor [Augustine, 2005, p.51]. Inoue Mitsusada, who has researched Sonire, notes that the punishments for Shidoso were the most severe, since self-proclaimed monks undermined the state's control over the Buddhist church (Inoue Mitsusada, 1982, p. 291-354).

As for the punishments for monks and nuns, Inoue divided them into two categories::

A. Violations of ritsure laws:

1. High treason (Article 1);

2. Ordination as a monk without government approval (articles 3, 16, 20, 22);

3. Hermitages and preaching outside the walls of churches and monasteries (v. 5, 13);

4. Disobedience to the ministry, department and government officials supervising monks and nuns (articles 4, 8, 17, 19).

B. Violations of the monastic rule:

1. Murder, theft and other crimes against morality (Article 1);

2. False teachings, predictions, healing, shamanism (v. 2, 5, 23);

3. Discord in the Buddhist community (v. 4, 5, 14);

4. Constant violation of the monastic rule (art. 5, 7, 9, 10, 11, 12, 18, 26).

As Inoue points out, in both categories, the most severe penalties are set for crimes against article 1 (Inoue Mitsusada, 1982, p. 291-354).

The Sonire articles included in category B by Inoue were special laws that tightened the monastic regulations of the Buddhist Sangha. Monks and nuns should lead a highly virtuous lifestyle in order to acquire supernatural magical abilities in the course of religious practice. Articles from category A were aimed at using these abilities for the benefit of the state. In other words, the government recognized the charismatic power of the Buddhist clergy and sought to introduce it into the Confucian legislative system that prioritized public service.

As Abe Ryuichi points out, "The government intended to turn the sangha into a bureaucratic apparatus, granting it an exemption from state laws and protecting monks and nuns as representatives of the emperor" (Abe Ryuichi, 1999,

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p. 28]. Hayami Tasuku shares this opinion: "The government of rshchure considered the main task of Sonire to integrate Buddhism into the government system, making monks and nuns representatives of the emperor. Having received privileges similar to those of government officials, they had to treat service to the state as a personal duty. Secretly taking monastic vows or transferring a monastic name to another person, which were considered as serious crimes in Sonir as mutiny, indicates a deliberate attempt by the state to turn the sangha into an organization of "official monks" (kanso). Creating a functioning bureaucracy of monks and nuns was Ritsure's main intention" (Hayami Tasuku, 1986, p. 14).

Despite strict measures and restrictions, the Government nevertheless allowed the Sangha to choose its own senior leaders, who received official recognition from the authorities. Although these individuals had the right to punish monks and nuns who committed the most serious crimes, they were also subject to punishment if they could not or did not want to report violations by other monks to the "Sonira" official authorities.

When comparing "Vinaya" and "Sonire", it is still unclear to what extent they influenced each other. J. M. Augustine believes that the Chinese code of "Taoseng" could have been compiled on the basis of two vinayas: the Dharmagupta vinaya (Chinese: si feng lui; Japanese: sibunritsu) and the mahishasaka vinaya (Chinese: wu feng lui; Japanese: goburitsu) [Augustine, 2005, p. 55]. Despite the fact that shibunritsu vinaya has become widespread in Japan during the Asuka-Nara period, it should still be noted that "Vinaya" and "Sonire" have more differences than similarities.

The main difference between Vinaya and Sonire was that the Sonire Code exempted Buddhist monks and nuns from paying taxes, taxes, military and labor duties, as well as government officials. In return, the Buddhist clergy were required to be loyal to the government and perform proper service, even if it consisted of performing Buddhist ceremonies in State temples and observing monastic regulations. Therefore, the punishments for monks and nuns in Sonir were more severe than those prescribed in the Vinaya.

Nevertheless, a study of the events of the official chronicle of the eighth century, Shoku Nihongi ("Continuation of the Annals of Japan"), shows that there was a big difference between the ritsure laws in relation to the Buddhist clergy and their application in practice. According to the chronicle, in 760, the monk Katatsu of the Yakushiji Temple lost to the monk Hanya of the same temple during a dice game and killed him. According to the laws of ritsure, he should have been executed for this crime, but in reality he was stripped of his hair and exiled to Mitsu Province. Another Yakushiji monk, Gyosin, was accused of using sorcery to destroy his rival at court. A secular person under the laws of ritsure in this case was subject to execution. Instead, Gyosin was demoted and transferred from the metropolitan temple to the provincial Shimotsuke Monastery (Abe Ryuichi, 1999, p. 33).

Researcher Futaba Kenko believes that this attitude towards the Buddhist clergy was due to the belief of the Japanese emperors in the shamanic power of monks and nuns. Even if Buddhist adherents did not receive government permission to take monastic vows, they were considered "pure" and endowed with power and grace if they followed religious precepts (Futaba Kenko, 1984, p. 309-316).

Another researcher, Hayami Tasuku, believes that state interference in the affairs of the Buddhist community was due to the bilateral religious authority of the Japanese emperor, who was both the high priest of the Shinto gods and the defender of the Buddha's Law.:

"If the strict observance of the commandments, accompanied by continuous religious practice, which guaranteed purity to monks and nuns who had withdrawn from the world, - writes

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If the word "Hayami" was used to increase the magical and religious effect of Buddhist services, it also meant increasing the religious authority of the emperor, whose patronage gave Buddhism the status of an official state religion. The state's demand that monks and nuns observe the mitzvot stems from ancient Japanese religious beliefs that forbade desecration, both physical and spiritual. Since "the gods hate uncleanness," participants were required to observe cleanliness during Shinto services, such as not eating meat and being celibate. The expression "worship of the gods and service to the Buddhas should be equally performed in purity", which often appears in imperial edicts of the Nara period, is symbolic of the religious view in which the criteria of Shinto worship were applied to Buddhist monks and nuns" (Hayami Tasuku, 1986, p. 15).

This explains why the authorities have been harsher in punishing monks and nuns found guilty of adultery. The" desecrated " clergy lost not only their religious and moral authority in the eyes of the population, but also the extraordinary abilities that they were supposed to possess in order to serve the good of the state.

Considering the problem of relations between Shintoism and Buddhism in Japan in the 7th-8th centuries, many researchers note differences in state legislation in relation to Buddhism and Shintoism. While Shinto legislation is more regulatory in nature, as can be seen from many of the Sonire articles, it imposes more prohibitions on Buddhism. This can be explained by the fact that Shintoism was associated with the blood-related structure of society. Every member of any social group participated in Shinto rituals from birth and was under the protection of the ancestral deity (ujigami). Shintoism was completely dissolved in everyday life and for this reason had no ideological opponents.

As for Buddhism, during the Nara period it was often used by political elites in Japan as a means of ideological struggle. At the same time, the main opponent of pro-Buddhist figures was Confucianism, not Shintoism. In this regard, Japan has inherited the Chinese tradition of opposing Confucianism and Buddhism in the choice of a model of public administration. At the same time, supporters of Buddhism tended to theocracy and ritual and magical influence on the surrounding reality. Representatives of Confucianism (first of all, the influential Fujiwara family) preferred the Chinese system of government based on full compliance with all the laws of the rschure. This struggle culminated in the mid-eighth century, when the monk Doke attempted to seize power by proclaiming himself emperor.

list of literature

Nihon seki. Annals of Japan / Translated and commented by A. N. Meshcheryakova. T. P. St. Petersburg: Gipsrion Publ., 1997.

Taihore / Translated from drevnejap. and comments by K. A. Popov, Moscow: Nauka Publ., 1985.

Abe Ryuichi. The Weaving of Mantra. Kukai and the Construction of Esoteric Buddhist Discourse. N.Y.: Columbia University Press, 1999.

Augustine J.M. Buddhist Hagiography in Early Japan: Images of Compassion in the Goyki Tradition. L.: Routlcdgc Curzon, 2005.

Futaba Kcnko. Nihon kodai bukkyoshi no kenkyu. Kyoto, 1984.

Futaba Kcnko. Soniryo to sengekyoho to shitenno dosokyaku // Ritsuryo kokka to bukkyo. Tokyo: Yuzankaku, 1994.

Hayami Tasuku. Ritsuryo kokka to bukkyo // Ronshu nihon bukkyoshi: Nara jidai. Tokyo, 1986.

Inouc Kaoru. Gyoki Boshi // Gyoki Jiten. Tokyo: Kokusha Konkokai, 1997.

Inouc Mitsusada. Nihon kodai shisoshi no kenkyu. Tokyo, 1982.

Matsunaga D., Matsunaga A. Foundation of Japanese Buddhism. Vol. 1. Tokyo, 1987.

Nakai Shinko. Nihon kodai bukkyo to minshu. Tokyo: Hyoron sha, 1973.

Nakai Shinko. Soniryo no hotcki kigen // Ritsuryo kokka to bukkyo. Tokyo: Yuzankaku, 1994.

Osumi Kiyoharu. The Acceptance of the Ritsiryo Codes and the Chinese System of Rites in Japan / Studies on the Ritsuryo Sysrcm of Ancient Japan. In comparison with Tang // Acta Asiatica. № 99. Tokyo, 2010.

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