Mon, Oct 6, 2008

The Right to the Sacraments – Part III
News from the Tribunal
Fr. Langes Silva, JCL, JCD

Sources: Zenit.org, Code of Canon Law; presentation by the Rev. Dr. Francis G. Morrisey, O.I.M., J.C.D., Ph.D. at the Western Regional CLSA Convention 2008.

This article has been presented in order to examine some aspects of the administration of the sacraments in the Catholic Church and how the current canonical legislation illuminates the modus procedendi to allow practicing Catholics to receive the sacraments of the Church. The article has been divided in three parts: Part I has presented an introduction describing the principles used by the current Code of Canon law (Canon 843) in this particular matter and the first area of analysis of how (1) the sacraments are instruments of sanctification. In Part II I have considered two areas of analysis: (2) the role of the sacraments in the Church and (3) the right of access to the sacraments by the Christian faithful. Now, Part III will presents some of the (4) reasons for denying access to the sacraments in certain times and situations and some conclusions.

4. Reasons for Denial of Access to the Sacraments

As previously stated in our introduction, Canon 843 of the current Code of Canon Law spells out three criteria to be applied when there is a question of admission to the sacraments. It is interesting to note that the canon is written in double negatives – “Sacred ministers may not deny the sacraments…”

The three criteria mentioned deserved some consideration.

4.1. The first concerns those “who opportunely ask for them.”

This can refer primarily to the timing. For instance, the reception of sacraments must be duly prepared. Thus, if someone does not wish to go through the appropriate preparation, and there is no urgency in the matter, the minister has the right to deny access at that moment and delay the exercise of that right to another time. Indeed, paragraph 2 of canon 843 reminds us explicitly that there is a duty to make certain that those who ask for the sacraments are prepared for their reception.

4.2. The second criterion concerns those who are “properly disposed.”

This criterion refers to those who are requesting the sacraments for the right reason. Canon 844 refers to this when speaking of other Christians wishing to partake of the sacraments. This, of course, is an external forum requirement. It would correspond in part to the “state of grace” required for the reception of many sacraments, but also covers such cases as forced conversions.

4.3. The third criterion is more canonical in its nature: “those who… are not prohibited by law from receiving them.”

There are four categories of persons who could come under this provision>

(1) The first category covers those who are bound by an impediment, whether for Orders or for marriage.

(2) The second would concern those who have already received the same sacrament (canon 845 in regard to baptism, confirmation and Orders – these cannot be repeated).

(3) The third would be penal provisions which prevent a person from having access to the sacraments. In particular, excommunication and interdict establish a prohibition against receiving them. Suspension can contain a provision against administering the sacraments, but it does not refer to their reception.

(4) The fourth does not directly concern reception of the sacraments, but rather their celebration. In regards to the minister celebrating them, there are the various irregularities that prevent the exercise of Orders already received, for instance, those who have publicly attempted marriage, have committed willful homicide, procured an abortion or cooperated positively in one, mutilated themselves, attempted suicide, or carried out acts of Order reserved for another.

Conclusions

While the Church has to protect itself from abuses regarding the celebration and reception of the sacraments, it also has as a mission to make these gifts of the Lord available to those people who are eligible for their reception.

Since restriction of access is an odious matter, it should be subject to a strict interpretation of law. Of course, we must also keep in mind a number of values that identify the Christian communion; in particular, the need to avoid scandal and the necessity of disciplining its members as occasion arises. Hopefully, we will not go overboard by extending to too many instances the occasions where persons cannot have access to the sacraments, particularly the Eucharist. In many instances the restrictions placed by our current legislation are applied on temporal basis and the individuals are able to overcome those limitations by observing the proper canonical procedures or by entering into new circumstances in their lives.

 

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