Moral Theology Part 141

(c) Outside of necessity, only those can absolve who have ordinary or delegated faculties. The law itself grants to pastors the power to absolve during the whole of paschal time from all sins which the Ordinary has reserved to himself, and missionaries have the same power during the time they are giving a mission (Canon 899, n. 3). This does not apply to censures nor to cases reserved to the Ordinary by the Apostolic See or by law, such as the excommunication _latae sententiae_ which Canon 2350 declares against the procurers of abortion.

2755. Absolution Given by One Not Possessed of Jurisdiction.--(a) Effect.--Absolution of mortal sins given without jurisdiction is invalid; and of venial sins, is unlawful and probably invalid. In some cases, however, the Church supplies jurisdiction, as was said above (2752).

(b) Guilt.--There is no sin if the absolution is given in good faith, as when a confessor is inculpably ignorant of a reservation. If absolution is given in bad faith and the confessor knows that the Church does not supply, there is a grave sin on account of the irreverence to the Sacrament and the harm to the penitent. If the confessor knows that he lacks jurisdiction, but that the Church supplies on account of common error, it seems that no sin is committed if there is a good reason for giving absolution (e.g., the absence of other priests); but otherwise there is mortal or venial sin according to circ.u.mstances.

(c) Penalty.--He who with presumption hears confessions without jurisdiction or absolves from a reserved case for which he has no faculties, incurs in the former case _ipso facto_ suspension from the power of Orders, and in the latter case _ipso facto_ suspension from hearing confessions (Canon 2366).

2756. Duties of the Confessor before Confession.--(a) Fitness to Hear Confessions.--The confessor should have sufficient knowledge to be able readily to solve the usual cases and to work out or find the solution of the more difficult cases; sufficient prudence to be able to apply his knowledge well and to avoid what is dangerous or suspicious; sufficient goodness to be sincerely desirous of the spiritual advantage of the penitent, and to be patient in hearing him and firm in correcting him.

(b) Willingness to H ear Confessions.-The confessor is obliged either from justice or charity (2676) to hear the confessions of those who reasonably request it. He should observe the rules of the Ritual and of the Code as to the manner and place of confession (Canons 908-910).

2757. Duties of the Confessor as Judge in Hearing the Case.--(a) Since confession should be entire, the confessor is gravely bound to question the penitent, when there is reason to think that the confession is not entire. With pious and well-instructed persons, of course, there is no need of questioning, and, since the duty of integrity rests primarily on the penitent, the confessor's negligence may be regarded as venial when he is burdened by a great mult.i.tude of confessions.

(b) Since confession must not be made onerous or harmful to penitents, the confessor is bound to be very discreet in the questions he asks, and to follow the rule that it is far better to say too little than to say too much. He must avoid any word or remark that might teach sin to the young or scandalize the old; he must be very reserved when speaking of matters that pertain to the Sixth Commandment, and, if there is need to question about them, should begin with very general queries. Neither directly nor indirectly may he inquire the name of an accomplice of the penitent (Canon 888); but he is allowed to investigate matters which he has a right to know, even though the accomplice thereby becomes known to him. If the common good requires that a complaint be lodged against the accomplice, the confessor may oblige the penitent to make this complaint to the proper superior; but it is seldom advisable that the confessor agree to perform this duty himself, and then he should require that the penitent speak to him about the affair outside of confession, if this can be done (see 1287).

(c) Since the penitent acts as the accuser in confession, he should be believed both for and against himself. But should it happen that the confessor knows for certain that his penitent is lying, his procedure will depend on the source of his knowledge. If the knowledge is not of sacramental origin but comes from the confessor's own reliable experience (e.g., because he saw the penitent commit a sin and is sure that the silence about the sin is not due to forgetfulness, ignorance or previous confession of it), he should try to induce the penitent to confess, and, if the latter refuses, should deny absolution. If the confessor is morally certain on account of the word of a third person that the penitent is now concealing a sin, it seems to some authorities that absolution may be either granted or refused, to others that it must be refused. Finally, if the confessor's knowledge comes from a previous sacramental confession or other obligatory secret, he is held to respect the secret; he may not ask any questions which he would not have asked otherwise, and, if the penitent will not confess, he must either grant absolution, as some hold, or dissimulate its denial, as others think.

2758. Duties of the Confessor-Judge in Deciding about the Case.--(a) The confessor should pa.s.s judgment on the past state of the penitent's soul as declared to him, but defect or mistake here would not make the Sacrament null. The objective malice of the sins (i.e., their theological and moral malice) will be recognized by the priest from his knowledge of theology, and the subjective malice from the declarations or replies of the penitent. At times the confessor will have to rest satisfied with the decision that the sin or its character is uncertain.

(b) The confessor should pa.s.s judgment on the present dispositions of the penitent, or the sincerity of his sorrow and resolution; but it suffices that the judgment be probable, and there be no strong suspicion against it. The penitent's devout confession, or his promise of amendment, the trouble he took to make his confession, etc., are indexes of good faith, just as boastful confession, disregard for former promises, and unwillingness or carelessness about coming to confession are signs of bad faith.

2759. Duties of the Confessor-Judge in Pa.s.sing Sentence.--(a) The Duty of Binding.--The confessor must impose upon the penitent such duties as are necessitated by the essence of the Sacrament (e.g., there is no true contrition without willingness to make due rest.i.tution, reparation, or satisfaction, and to avoid sinful occasions and to struggle against bad habits), or such penalties as are required for its integrity (i.e., the priest must impose a suitable penance). To safeguard morals, the law of the Church gravely obliges a confessor to require his penitent _sub gravi_ to denounce another confessor certainly guilty of the crime of solicitation, unless there be a grave reason that excuses the penitent; and, if the penitent refuses, absolution must be denied. On the details of this law and on the penalties for solicitation, refusal to denounce, and false accusation, see Commentaries on Canons 904, 2368 and 2363 of the Code.

(b) The Duty of Loosing.--The confessor is bound _sub gravi_ to give absolution at once to one who is properly disposed, for there is a tacit contract between the penitent and the confessor that absolution will be granted if the penitent is worthy; the penitent puts himself to considerable trouble to obtain forgiveness, and he is deprived of a great good if absolution is refused (Canon 886). If only free matter is confessed, it is a venial sin now and then to deny absolution without reason, but no sin to deny it for a good reason if the penitent consents.

(c) The Duty of Retaining.--The confessor should always refuse absolution to those who are certainly not contrite and in whom he cannot awaken true repentance, for absolution would be of no benefit to such persons and would make the confessor an encourager of sin.

Likewise, absolution should be denied those who are incapable (e.g., those who have not as yet committed sin or who confess only imperfections). If there is doubt about the fitness or capacity of the penitent, absolution should generally be delayed; but it may be granted conditionally for a serious reason (e.g., if the penitent is in a state of sin and cannot return to confession for a long time), and it should be granted conditionally for a very serious reason (e.g., if the penitent will probably not return, or if he is confessing in preparation for marriage).

2760. Penitents to Whom Absolution Should Be Denied.--There are three cla.s.ses of penitents especially to whom absolution should be frequently denied on account of their lack of repentance:

(a) those who refuse to abandon a proximate and voluntary occasion of grave sin, for these are impenitent and unworthy of absolution. But absolution may be given those who promise to abandon a proximate and voluntary occasion, or to use the proper means of safety if they are in a proximate and necessary occasion of sin (see 263 sqq.);

(b) those who have contracted the habit of some grave sin, if they are unwilling to use the proper means to overcome it; but if they seriously promise to use means prescribed by the confessor, they should be considered as well disposed. A sin is habitual when it is committed often--that is, for an external sin about five times a month, and for an internal sin about five times a week-and when the sinner acts for the proper motive of the vice, e.g., in injustice for disorder, in intemperance for pleasure of the sense, in sins against charity out of hatred, etc. But consideration should be taken also of the character of the person (i.e., a weak-willed person is enslaved by habit more readily than a strong-willed person) and of the vice (i.e., an alluring sin like impurity becomes a habit more quickly than other sins);

(c) those backsliders or recidivists who have confessed the same grave sin in three or four previous confessions and have relapsed into it again without any improvement. These persons should be absolved if they are sincere now and give some special indication as proof of sincerity (e.g., some effort made to conquer their habit); otherwise (except in great necessity, when they may be given the benefit of the doubt and be granted conditional absolution) they should not be absolved but should be put off kindly for a short s.p.a.ce, since there is no reason to believe that the present sorrow is any better than that of the past.

2761. The Sacramental Penance.--(a) Obligation.--The confessor is bound to impose a penance in order to provide for the integrity of the Sacrament and the good of the penitent. Exceptions to this rule are the cases when the penitent cannot perform any penance, as when he is at the point of death, and when the penitent after the imposition of a penance and absolution remembers new and necessary matter. It is at least a venial sin to delay the giving of a penance till after the absolution, and it is a grave sin to give no penance at all, unless (as some hold) only a light penance was due.

(b) Quant.i.ty.--The amount of the penance should be suited as a punishment to the degree of the penitent's guilt, that is, a heavier penance should be given for necessary matter and a lighter penance for free matter. The penance should also take into consideration the moral malice and the frequency of the sins. Works that the Church may order under pain of serious sin suffice for necessary matter (such as a Ma.s.s, a fast, five decades of the Rosary, or the Litany of the Saints). Light penances are the _De Profundis_, the Litany of St. Joseph, five Paters and five Aves. For a sufficient reason (e.g., the sickness of the penitent, the probability that a grave penance will keep him from future confession, the fact that his sorrow is very great or that he has gained a plenary indulgence, the performance of satisfaction for him by the confessor himself) the quant.i.ty of a penance may be lessened. A grave penance may be lightened by joining it with some duty already owed (e.g., by requiring the penitent to say the Rosary while hearing Sunday Ma.s.s, by obliging him to hear Ma.s.s on Sunday and also to say a few prayers after the Ma.s.s).

(c) Quality.--The character of the penance should make it suitable as a remedy for the spiritual disease of the penitent; that is, as far as possible he should be required to perform works that tend to correct his chief failings. Thus, for those who are uncharitable or avaricious an alms or other work of mercy is a good penance; for those who are given to pleasures of sense, a fast or other corporal austerity; for those who are lax or irreligious, a prayer, a visit to the Blessed Sacrament, a meditation, or frequentation of the Sacraments. Ordinarily it suffices to impose prayers as penances, since prayer is a universal remedy. Penances unsuitable to the penitent (e.g., fasts for one who needs nourishment on account of labors), those that are too difficult (e.g., perpetual or long-continued practices), those that are harmful (e.g., penances that will bring the penitent into suspicion or ridicule), must be avoided.

2762. The Duties of the Confessor as Spiritual Physician.--(a) General Remedies.--The confessor should give much attention to the study of moral and ascetical works, so as to be able to suggest suitable means to his penitents for overcoming their spiritual infirmities and avoiding future relapses. Thus, if a penitent desires to know or ought to be told how to struggle against anger, drunkenness or impurity, the confessor should know how to advise him and what measures to recommend to him.

(b) Special Remedies.--Certain cla.s.ses of penitents need special attention. Thus, the tempted and afflicted should be told the means of fighting temptation and sadness; the scrupulous should be forbidden to examine their consciences too carefully, or to accuse themselves minutely, or to spend too much time at devotions; the sick and the dying should be encouraged to dispose themselves well and to put aside thoughts of fear and discouragement; pious persons often need a.s.sistance when they suffer temptations to tepidity or spiritual desolation. The careless, lazy, malicious, and hardened should be reproved, but sternness should not be unmingled with kindness, lest the penitent be driven away from his duty altogether.

2763. The Duties of the Confessor as Teacher and Guide.--(a) Instruction.--The confessor should teach children and other ignorant persons if he finds that they do not know truths necessary to be known for a fruitful reception of the Sacrament--that is, the mysteries of faith that must be believed explicitly and the dispositions for receiving absolution (924). He should instruct about duties when this will be for the penitent's good--that is, when the penitent falsely believes something to be sinful which is not sinful, or to be gravely sinful that is only lightly sinful, or when the penitent's ignorance of an obligation is gravely culpable, or when he is invincibly ignorant but will be kept from a sin without graver evil if he is instructed now. If an instruction will probably do no good, a confessor should not instruct an invincibly ignorant penitent about his duties, unless silence will be productive of greater evils than instruction. Thus, if the confessor foresees that the penitent will only be put in bad faith if he is told about a duty of rest.i.tution, it would be useless and wrong to speak to him about it; but if he should foresee that, if he does not speak, the penitent will do worse things with great injury or scandal to others, it would be necessary to instruct him.

(b) Direction.--In spiritual matters a confessor should be willing and able to counsel and advise, for example, about the choice of a state of life (marriage, clerical state, religious life), about voluntary rules or practices (vows, austerities), and about the performance of duties (e.g., training of children). For advice on temporal matters a priest should either direct his penitents to lawyers, physicians or other professional advisers, or, if he can give prudent direction himself (e.g., on artistic, educational, or business questions), he should preferably discuss the matter elsewhere than in the confessional.

2764. The Duties of the Confessor After Confession.--(a) _Per se_, or by reason of his office itself, the confessor is held to guard inviolate the secret of the confessional--that is, he may not disclose, or use to the penitent's disadvantage, any information received from sacramental confession. This duty is a grave one imposed by natural law (since there is a quasi-contract that the confessor will treat the penitent's confession as confidential), by divine law (since Christ, in willing that confession be used, implicitly willed that it be so conducted as not to become a thing odious, scandalous and harmful), and by church law (for Canons 889, 890, 1757, 2369 strictly forbid revelations or use of sacramental knowledge and decree severe penalties against transgressors). Since G.o.d wipes out from remembrance the sins He has pardoned, the confessor, being G.o.d's representative, must treat what he has heard as not known to him. The obligation of the seal is so strict that no one may dispense from it, that neither Probabilism nor epieikeia may be applied to it, and that no exception is allowed unless the penitent himself freely, unmistakably and for a serious reason gives permission for it to the confessor.

(b) _Per accidens_, or by reason of a mistake committed by him (e.g., absolution mistakenly refused or invalidly given, erroneous notion about the gravity of a sin imparted or not corrected, rest.i.tution imposed where not due or not imposed where due), a confessor is held to see that the mistake is corrected and that the penitent or a third party is spared or rescued from the harm which will follow from the mistake. The obligation is one of justice in those cases where there is a violation of implicit agreement (e.g., absolution unreasonably withheld), or damage positively and culpably caused (e.g., erroneous advice about the gravity of a sin or about the duty of rest.i.tution); it is one of charity in other cases where the confessor can without undue inconvenience a.s.sist the spiritual or temporal need of the penitent or of another (e.g., penitent's misunderstanding about his duty of rest.i.tution which the confessor failed to clear up). The duty of repairing mistakes is grave when there is grave damage (e.g., invalid absolution of mortal sins) and grave guilt was contracted by the mistake (e.g., if the invalidity was voluntary) or will be contracted by refusal to prevent the consequences of the mistake (e.g., if the invalidity has been discovered, and one knows that the penitent will die unabsolved, if one does not rectify the error). The duty is light if there is light damage (e.g., invalid absolution of free matter, or of necessary matter confessed by a person who will go to the Sacraments soon again), or light culpability (e.g., failure to question about the species or number of sins, or to impose a penance, when the failure is due to distraction or forgetfulness).

2765. Manner of Repairing Defects Made in Hearing a Confession.--(a) The Reparation to be Made.--If the penitent has been deprived of absolution, he should be absolved; if he has been wrongly instructed, he should be set right; if temporal loss has been caused, temporal rest.i.tution should be made.

(b) The Person to Whom Rest.i.tution Should Be Made.--The injured person should be compensated. Hence if rest.i.tution was mistakenly imposed on the penitent and he cannot recover his property, the confessor should reimburse him; if the penitent was mistakenly excused from rest.i.tution, payment is due the third party who loses by the advice.

(e) The Manner of Making Reparation.--If possible, the reparation should be made in the penitent's next confession, as this is less troublesome to all concerned. But if the confessor has wrongly instructed the penitent in an important matter, he is bound more probably (after obtaining the penitent's permission to speak about confession matter) to retract, even outside of the confessional, if this can be done without scandal or other serious evil, which would be rare.

2766. Excuses from the Duty of Repairing Mistakes.--(a) Physical Impossibility.--If the confessor does not know who the penitent is or cannot find him, there is nothing to do but to repent over the mistake and to pray for the penitent that G.o.d may provide for him.

(b) Moral Impossibility.--Grave inconvenience excuses, unless the confessor has been seriously at fault against justice (e.g., by omitting absolution, by giving incorrect instruction in an important matter, by neglecting to warn against an occasion of serious sin, by wrongly advising on rest.i.tution of a large sum), or the salvation of a soul is at stake, as when an unabsolved penitent is dying (see 1797 sqq.)

2767. The Obligation of the Seal of Confession.--(a) Its Subject.--Primarily the duty of the seal obliges the confessor, secondarily all others to whom the matter of sacramental confession in any way becomes known, such as bystanders, interpreters, or those who have spied into a confession. The penitent on his part is bound to keep as a natural secret the words of the confessor which the latter would rightly wish to be kept confidential (e.g., it would not be fair to excuse oneself in making necessary corrections, by saying that one was acting under advice of one's confessor, especially since the confessor cannot defend himself).

(b) Its Object.--Primarily, the seal extends to all sins confessed, whether they be light or grave, private or public; and a confessor may not confirm from his knowledge as confessor what he also knows from other knowledge. Secondarily, it extends to all that is declared for a fuller explanation of the sins, such as circ.u.mstances, purpose, occasion, coperation, and to all those things whose revelation would endanger the seal or make the Sacrament odious, such as the denial of absolution, the penance given, the insincerity, impatience or scrupulosity shown in confessing, the fact that a confession was long or a general review. Other matters not generally known and which the penitent reasonably wishes to be confidential (e.g., the fact that he made his confession, his natural defects of illegitimacy or deafness) should be kept as natural secrets. But there is no duty of sacramental or natural silence about matters which the confessor knows from other sources and which he is free to mention (e.g., facts learned from a non-sacramental confession made to the priest and others with a view to its use, or from the confessor's own perception of a theft committed by the penitent in the act of confession).

2768. Sins against the Seal of Confession.--(a) Direct violation happens if a confessor declares, either to the penitent himself or to another, matter protected by the seal, and with such clearness that both the penitent and his sin can be recognized. This occurs even though no names are mentioned, or the penitent is unknown to the listeners, or is no longer living, or when the listeners do not perceive that sacramental knowledge is being used. The sin is grave, and, since the injury to religion and the public is always serious, it admits of no lightness of matter. The penalty is excommunication most specially reserved to the Pope (Canon 2369).

(b) Indirect violation happens if a confessor so speaks or acts as to create a danger of direct violation (e.g., if he speaks so loud in the confessional that those outside can hear, or if he is suspiciously silent when the penitent is being commended, or if he warns the parents of a penitent to be specially watchful of him, or if he refuses to hear a confession because he knows from a previous confession that the person is very scrupulous, or if he shows less confidence or regard for the penitent). The sin admits of lightness of matter, since the danger of direct violation may be remote; but if there is grave culpability, suspension or even severer penalties may be inflicted (Canons 2369, 2368).

(c) Unlawful use of sacramental knowledge happens if there is no direct or indirect violation of the seal, but the confessor's conduct is such as to make confession distasteful either to the penitent or to others, as when a superior is guided in giving his vote or directing his subject by information gathered from confession. This is forbidden in Canon 890.

(d) Apparent violation of the seal happens if there is really no direct or indirect violation of the seal, or unlawful use of confessional knowledge, but a priest's language is calculated to arouse a reasonable suspicion that some such sin is being committed (e.g., if a preacher or retreat master or writer of moral cases uses ill.u.s.trations from confessions heard by him which will excite distrust in his own or other penitents). Serious scandal and defamation may also be caused by public statements unfavorable to the morals of a certain city or community or cla.s.s.

2769. Special Abuses.--Two abuses to which confession is especially exposed are defamation and impurity, and hence the law of the Church provides special safeguards against these dangers (see 2753, 2757, 2759).

(a) Defamation.--The fame of third parties is protected by the law which forbids the confessor to inquire about the penitent's accomplice, the fame of the penitent by the law of the sacramental seal, and the fame of the confessor by the law which subjects those who bring a false accusation of solicitation against a confessor to excommunication specially reserved to the Pope, to retractation, reparation, and severe penance (Canons 888, n. 2, 889 sqq., 2363).

(b) Impurity.--The danger that a confessor will be tempted to solicitation by his knowledge of the frailty of a penitent is provided for by the law which severely commands formal denunciation of those guilty of solicitation (Canon 904); the danger that a penitent may be induced to yield to solicitation by a promise to absolve the sin is met by the law which invalidates absolution of an accomplice (Canon 884).

2770. Absolutio Complicis.--Absolutio complicis in peccato turpi invalida est praeterquam in mortis periculo (Canon 884).

(a) Objectum legis est peccatum turpe, i.e., quodvis peccatum contra s.e.xtum, consummatum vel non consummatum, colloquiis, aspectibus vel factis patratum. Necesse est autem quod peccatum sit utrinque certum (quoad factum et jus), externum, et grave (qua internum et qua externum). Unde non agitur de peccatis contra alias virtutes, neque de peccatis luxuri mere internis vel levibus.

(b) Subjectum de quo in lege est complex seu socius immediatus et formalis in ipso actu peccati; et sic non sufficit ad complicitatem cooperatio etiam proxima (1507), nec peccatum mere materiale, quale fit ab amente, dormiente, ebrio, infante, renitente. Non requiritur tamen quod compar sit p.u.b.er vel alius s.e.xus, neque quod confessarius tempore complicitatis jam inter clericos adscriptus sit.

2771. Effectus Legis de Absolutione Complicis.--(a) Quoad Absalutionem.--Invalida et illicita est absolutio directa peccati nondum remissi si extra periculum mortis datur. Est valida sed illicita: absolutio directa peccati nondum remissi, in periculo mortis data, quando alius sacerdos confessionem recipere potest; necnon absolutio indirecta peccati nondum remissi, extra periculum mortis data, quando poenitens bona fide peccatum reticet. Est valida et licita absolutio directa peccati nondum remissi, in periculo mortis vel in gravissima necessitate (utputa urgente prcepto ecclesiastico et divino confessionis et communionis annuae) data, quando alius sacerdos aut nullimode aut nonnisi c.u.m gravi incommodo (scil. infami, scandali, periculi confessionis sacrileg) haberi potest; necnon absolutio directa peccati jam remissi, etiam extra hoc periculum et hanc necessitatem facta. Non una tamen est sententia auctorum in interpretandis dubiis hujus legis, nec omnes conveniunt c.u.m placitis hic positis, nam de dubiis alii strictius, alii mitius judicant.

(b) Quoad Censuram.--Excommunicatio specialissime reservata S. Sedi ipso facto incurritur a confessario qui illicite absolvit vel fingit absolvere, sive directe, sive (quando poenitens ad tacendum inductus est a confessario ipso) indirecte. Censura non incurritur igitur si confessio tantum auditur, si poenitens propria sponte peccatum reticet, si sacerdos dubitat num poenitens complex sit (Canon 2367).

2772. Sacerdos reus delicti sollicitationis in confessione intra mensem denuntiandus est a poenitente loci Ordinario vel S.C.S. Officii (Canon 904).

(a) Delictum sollicitationis est provocatio, etiam inefficax, poenitentis eujusc.u.mque ut actum quemc.u.mque gravem contra cast.i.tatem committat. Provocatio fit vel per verba (e.g., declarationes amoris, invitationes, laudes), per facta (e.g., dona), per sermones (e.g., colloquia de turpibus a poenitente confessis), per tractatus (scil.

colloquia de re turpi agenda), per consensum internum-externum sollicitationi poenitentis datum.

(b) Delictum sollicitationis est provocatio qu ordinem habet ad confessionem, i.e., qu fit tempore factae confessionis (i.e., inter, immediate ante, immediate post confessionem), vel tempore confessionis faciend (i.e., occasione confessionis pet.i.t a poenitente, prtextu confessionis falso allegat a confessario, in loco confessionis c.u.m confessionis simulatione).