Here is a comparison of MN 104 and its agama parallels* MA 196 and T 85 regarding the two ways to settle litigations concerning what is Dhamma / Discipline and what is not Dhamma / Discipline. You’ll see from such a comparison that “the settlement of litigations by the opinion of a majority” is a false teaching, as well as “the guideline of the Dhamma should be drawn out”.
[*Though MA 196 and T 85 have different titles and should be belonging to two different schools, they are in close agreement with each other, and are very different from MN 104 concerning some important teachings.]
- Removal of litigation by confrontation; 面前止諍律, 現前毘尼滅諍法 (similar meaning)
MN 104:
“And how is there removal of litigation by confrontation? Here bhikkhus are disputing: ‘It is Dhamma,’ or ‘It is not Dhamma,’ or ‘It is Discipline,’ or ‘It is not Discipline.’ Those bhikkhus should all meet together in concord. Then, having met together, the guideline of the Dhamma should be drawn out. Once the guideline of the Dhamma has been drawn out, that litigation should be settled in a way that accords with it. * Such is the removal of litigation by confrontation. And so there comes to be the settlement of some litigations here by removal of litigation by confrontation.”
T 85:
“「云何名為現前毘尼滅諍 法？阿難！所謂一人為一人說 法 毘尼，一人為 二人說、一人為多人說、一人為大眾說，現前 成四；二人為一人說法毘尼，二人為一人 說、二人為多人說、二人為大眾說，現前成四； 多人為一人說法毘尼，多人為二人說、多人 為多人說、多人為大眾說，現前成四；大眾為 一人說法毘尼，大眾為二人說、大眾為多人 說、大眾為大眾說，現前成四。如是名為現前 毘尼滅諍法。以此法故，能令諍事而得息滅。”
MA 196:
“眾者一人、眾者二人、眾者多人教訶，護以法、 律如尊師教，面前令歡喜。阿難！是謂應與 面前止諍律，如是斷此諍，謂因面前止諍 律也。”
The way stated in MN 104 is against the way stated in T 85 and MA 196. According to both T 85 and MA 196, no “guideline of the Dhamma” should be drawn out by disciples, and the litigation should not be settled in a way that accords with such a guideline. Instead, the Dhamma and Discipline should be taught to the disputers as the Buddha taught .
- The settlement of litigations by the opinion of a majority; 多人語滅諍法 – the settlement of litigations by numerous bhikkhus’ words* [*words of teaching the Dhamma or Discipline (T85)], 因展轉止諍律 (MA 196)
MN 104:
“And how is there the opinion of a majority? If those bhikkhus cannot settle that litigation in that dwelling place, they should go to a dwelling place where there is a greater number of bhikkhus. There they should all meet together in concord. Then, having met together, the guideline of the Dhamma should be drawn out. Once the guideline of the Dhamma has been drawn out, that litigation should be settled in a way that accords with it. Such is the opinion of a majority. And so there comes to be the settlement of some litigations here by the opinion of a majority."
T 85:
“「云何名為多人語滅諍法？阿 難！謂若二苾芻共一住處，諍事忽起，出種種 語廣興諍論，各執一言，有言是法、有言非法， 有言是毘尼、有言非毘尼，有言是有罪、有言 非有罪。是二苾芻，諍事起時息滅者善。若不 息滅，此二苾芻離本住處異處興諍。離是處 已，能於中路息滅者善。若不息滅，即多苾芻 眾共為滅諍：有以經為分別說者，有以律為 分別說者，有以摩怛里迦為分別說者。以是 多人為分別說故，是二苾芻諍事息滅。如是 名為多人語滅諍法。以此法故，能令諍事而 得息滅。”
MA 196:「阿難！云何應與展轉止諍律？云何斷此諍？ 謂因展轉止諍律也。阿難！有二比丘於其 中間若干意起諍，謂是法、非法，是律、非律，是 犯、非犯，或輕、或重，可說、不可說，可護、不可護， 有餘、無餘，可悔、不可悔。阿難！彼比丘猥處止 此諍，若猥處止者，此諍當言止，若猥處不 止者，此諍可白眾，若於眾中止者，此諍當 言止，若於眾中不止者，阿難！相近住者， 於中若有比丘持經、持律、持母者，此比丘 共往至彼，說此諍事，若在道路止者，此諍 當言止，若道路不止者，此諍當復向眾說， 若在眾止者，此諍當言止，若在眾不止者， 阿難！若多伴助者，持經、持律、持母者，阿難！ 彼比丘應者止此諍，以法以律如尊師教， 面前令歡喜。阿難！是謂應與展轉止諍律， 如是斷此諍，謂因展轉止諍律也。"
In MN 104, the settlement of litigations by the opinion of a majority is by drawing out “the guideline of the Dhamma” which is the opinion of a majority. This is again against the way stated in T 85 and MA 196 (and against the Buddha’s teaching ). According to both T 85 and MA 196, it is NOT “the guideline of the Dhamma”, “the opinion of a majority” that should be drawn out by the majority, but it is the Dhamma and the Discipline that should be taught by the greater number of monks to the disputers as the Buddha taught ; the litigation should NOT be settled in a way that accords with a guideline of the Dhamma drawn out by disciples which is “the opinion of a majority”.
The two ways stated in MN 104 are clearly false teachings, which aims at damaging the Buddha’s true teaching. It’s so dangerous for the Dhamma practitioners to rely on the opinion of a majority, which could be significantly deviated from the true Dhamma. A guideline of the Dhamma could be the words of the devils, manipulated by the devils. We as the followers of the Buddha should study and practice the Buddha’s true teaching . Although now there are many false teachings in the suttas, we will gradually learn the true Dhamma and will be able to distinguish the true teachings from the false ones, as we progress on the path to Nibbāna.