Canon 915

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Canon 915, one of the canons in the current Code of Canon Law of the Latin Church of the Catholic Church, forbids the administration of Holy Communion to those upon whom the penalty of excommunication or interdict has been imposed or declared or who obstinately persist in manifest grave sin:

The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law, promulgated by Benedict XV on 27 May 1917.

Latin Church Automonous particular church making up of most of the Western world Catholics

The Latin Church, also known as the Western Church or the Roman Catholic Church, is the largest particular church sui iuris of the Catholic Church, employing the Latin liturgical rites. It is one of 24 such churches, the 23 others forming the Eastern Catholic Churches. It is headed by the bishop of Rome, the pope – traditionally also called the Patriarch of the West – with cathedra in this role at the Archbasilica of Saint John Lateran in Rome, Italy. The Latin Church traces its history to the earliest days of Christianity through its direct leadership under the Holy See, founded by Peter and Paul, according to Catholic tradition.

Catholic Church Largest Christian church, led by the Bishop of Rome

The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with approximately 1.3 billion baptised Catholics worldwide as of 2017. As the world's oldest and largest continuously functioning international institution, it has played a prominent role in the history and development of Western civilisation. The church is headed by the Bishop of Rome, known as the pope. Its central administration, the Holy See, is in the Vatican City, an enclave within the city of Rome in Italy.

Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion. [1]

The corresponding canon in the Code of Canons of the Eastern Churches, which binds members of the Eastern Catholic Churches, reads, "The publicly unworthy are to be kept from the reception of the Divine Eucharist". [2] [3]

The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 23 Eastern Catholic churches in the Catholic Church. It is divided into 30 titles and has a total of 1546 canons. The Western Latin Church is guided by its own particular Canons.

Eastern Catholic Churches Autonomous, self-governing particular Churches in full communion with the Pope

The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-rite Catholic Churches, and in some historical cases Uniate Churches, are twenty-three Eastern Christian particular churches sui iuris in full communion with the Pope in Rome, as part of the worldwide Catholic Church. Headed by patriarchs, metropolitans, and major archbishops, the Eastern Catholic Churches are governed in accordance with the Code of Canons of the Eastern Churches, although each church also has its own canons and laws on top of this, and the preservation of their own traditions is explicitly encouraged. The total membership of the various churches accounts for about 18 million, according to the Annuario Pontificio, thus making up about 1.5 percent of the Catholic Church, with the rest of its more than 1.3 billion members belonging to the Latin Church, also known as the Western Church or the Roman Catholic Church.

Reception of Holy Communion

In general, Catholics who approach for Holy Communion have the right to receive the Eucharist, unless the law provides to the contrary, and canon 915 is just such an exception to the general norm. [4] Anyone aware of having committed a grave sin is obliged to refrain from receiving Communion without first obtaining absolution in the sacrament of Reconciliation. [5] [6] In addition, canon 1331 §1 of the Code of Canon Law forbids an excommunicated person, even one who has incurred a latae sententiae (automatic) excommunication, from receiving Holy Communion or any other of the sacraments of the Catholic Church, except for Reconciliation, to be reconciled to the Church. [7] Also forbidden to receive the sacraments is anyone who has been interdicted. [8] These rules concern a person who is considering whether to receive Holy Communion, and in this way differ from the rule of canon 915, which concerns instead a person who administers the sacrament to others.

Latae sententiae is a Latin phrase, meaning "sentence (already) passed", used in the canon law of the Catholic Church. A latae sententiae penalty is one that follows ipso facto or automatically, by force of the law itself, when a law is contravened.

In the canon law of the Catholic Church, excommunication, the principal and severest censure, is a medicinal, spiritual penalty that deprives the guilty Christian of all participation in the common blessings of ecclesiastical society. Being a penalty, it presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it naturally supposes a very grave offense.

Sacraments of the Catholic Church seven visible rituals that Catholics see as signs of Gods presence, consisting of those of initiation (baptism, confirmation, eucharist), of healing (reconciliation, anointing of the sick), and of service (holy orders, matrimony)

There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of the grace of God to all those who receive them with the proper disposition. The sevenfold list of sacraments is often organized into three categories: the sacraments of initiation, consisting of baptism, confirmation, and the eucharist; the sacraments of healing, consisting of reconciliation and anointing of the sick; and the sacraments of service: holy orders and matrimony.

Canon 915 is immediately followed by canon 916, which concerns the recipient of Holy Communion, not the minister administering it to that person: "A person who is conscious of grave sin is not to celebrate Mass or receive the body of the Lord without previous sacramental confession unless there is a grave reason and there is no opportunity to confess; in this case the person is to remember the obligation to make an act of perfect contrition which includes the resolution of confessing as soon as possible." [9]

Administration of Holy Communion

The general rule of canon law is that "sacred ministers cannot deny the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them"; [10] and "any baptized person not prohibited by law can and must be admitted to holy communion". [11] Canon 915 not only permits the ministers to deny Holy Communion to certain classes of people, but actually obliges them to deny it to those classes of people.

Classes of people to whom Communion is to be denied under canon 915

Those under imposed or declared excommunication or interdict

Any excommunication or interdict obliges the person involved to refrain from receiving Holy Communion, but a minister is obliged to deny Holy Communion only to those on whom an ecclesiastical superior or tribunal has publicly imposed the censure or declared that it has in fact been incurred. Canon 915 thus does not apply in cases of undeclared latae sententiae (automatic) excommunication, such as that incurred, according to canon 1398, [12] by someone who actually procures an abortion. While someone in this situation should not receive Communion until the excommunication is lifted, a priest may not on the grounds of the automatic excommunication refuse to administer the sacrament even if he knows of its existence. [5]

Those who persist in manifest grave sin

It can be more difficult [5] to determine whether in a particular case all four elements referred to are simultaneously present:

  1. a sin,
  2. which is grave,
  3. which is manifest,
  4. and which is obstinately persevered in.

The action must be a sin in the eyes of the Church, not merely something distasteful or irritating; personal guilt on the part of the person concerned is not required. [13] [14] [15] [16]

The sinful action must be "seriously disruptive of ecclesiastical or moral order". [13]

To be manifest, the sin must be known to a large part of the community, a condition more easily met in a rural village than in an anonymous urban parish. Knowledge by the priest alone, in particular through the sacrament of confession, is not a justifying cause for denying Holy Communion. [5] Public withholding of the Eucharist for little-known sins, even grave sins, is not permitted under canon law. [13]

Neither an attitude of defiance nor a prior warning are required to determine the existence of obstinate persistence in manifest grave sin. [17]

Divorced and remarried Catholics

The Pontifical Council for Legislative Texts issued on 24 June 2000 a declaration on the application of canon 915 of the Code of Canon Law to divorced Catholics who have civilly remarried. Even if such people, while being unable for serious reasons, such as the upbringing of children, to separate, live in full continence, their publicly known objective situation as divorced and remarried Catholics excludes them from receiving Eucharistic Communion. Public denial of Communion must be avoided and so the reasons for exclusion must be explained to them, but if such precautionary measures fail to obtain the desired effect or are impossible, Communion is not to be given to them. [18]

However, in September 2016, Pope Francis declared the apostolic exhortation Amoris laetitia to be a teaching of the "authentic magisterium", and agreed with the interpretation of Argentine bishops that "in certain circumstances, a person who is divorced and remarried and is living in an active sexual partnership might not be responsible or culpable for the mortal sin of adultery, 'particularly when a person judges that he would fall into a subsequent fault by damaging the children of the new union.' In this sense, 'Amoris Laetitia opens up the possibility of access to the sacraments of Reconciliation and the Eucharist'.” [19]

Issues of dispute

Politicians consistently promoting permissive abortion or euthanasia laws

A memorandum of the Congregation for the Doctrine of the Faith on "Worthiness to Receive Holy Communion", signed by its Prefect Cardinal Joseph Ratzinger and published in July 2004, declared that, if a Catholic politician's formal cooperation in "the grave sin of abortion or euthanasia" becomes manifest by "consistently campaigning and voting for permissive abortion and euthanasia laws", the politician's pastor is obliged to instruct the politician about the Church's teaching and inform him that he should not present himself for Holy Communion as long as the objective situation of sin (regardless of whether subjective guilt exists or is absent) persists, warning him that, if he does present himself in those circumstances, he will be refused. As in the case of divorced and remarried Catholics, if these precautionary measures fail to obtain the desired effect or are impossible, "and the person in question, with obstinate persistence, still presents himself to receive the Holy Eucharist, 'the minister of Holy Communion must refuse to distribute it'". [20]

This ruling of the Congregation for the Doctrine of the Faith was cited in an article by Cardinal Raymond Leo Burke, Prefect of the Supreme Tribunal of the Apostolic Signatura in Periodica de re canonica, vol. 96 (2007), which listed precedents for it in the writings of the Church Fathers and theologians, in both older and more recent canon law and in ritual texts. [2]

The ruling spoke of the obligations of the politician's pastor. With regard to the obligations of the diocesan bishop, the United States Conference of Catholic Bishops declared in 2004: "The question has been raised as to whether the denial of Holy Communion to some Catholics in political life is necessary because of their public support for abortion on demand. Given the wide range of circumstances involved in arriving at a prudential judgment on a matter of this seriousness, we recognize that such decisions rest with the individual bishop in accord with the established canonical and pastoral principles. Bishops can legitimately make different judgments on the most prudent course of pastoral action. ... The polarizing tendencies of election-year politics can lead to circumstances in which Catholic teaching and sacramental practice can be misused for political ends. Respect for the Holy Eucharist, in particular, demands that it be received worthily and that it be seen as the source for our common mission in the world."

Cardinal Donald Wuerl of Washington has declared his opposition to such political use, with the Washington Post's Melinda Henneberger describing "Communion wielded as a weapon": in Wuerl's view, which he attributes also to the great majority of bishops in the United States and elsewhere, canon 915 "was never intended to be used this way", that is, to bring politicians to repentance. [21]

The Congregation for the Doctrine of the Faith commented on the United States bishops' 2004 document: "The statement is very much in harmony with the general principles 'Worthiness to Receive Holy Communion, sent as a fraternal service – to clarify the doctrine of the Church on this specific issue – in order to assist the American Bishops in their related discussion and determinations'." [2]

In an article written before publication of the 2004 memorandum of the Congregation for the Doctrine of the Faith and the statement by the United States Conference of Catholic Bishops, canonist John P. Beal had argued that canon 915 did not apply to pro-choice Catholic politicians. [22]

Pope Francis reaffirmed the Catholic doctrine that politicians who encourage legal abortion and euthanasia shouldn't take communion, in the Aparecida Document, in March 2013: "We hope that legislators [and] heads of government... will defend and protect [the dignity of human life] from the abominable crimes of abortion and euthanasia; that is their responsibility... We must adhere to "eucharistic coherence", that is, be conscious that they cannot receive Holy Communion and at the same time act with deeds or words against the commandments, particularly when abortion, euthanasia, and other grave crimes against life and family are encouraged. This responsibility weighs particularly over legislators, heads of governments, and health professionals." [23]

Other cases in which canon law mandates denial of access to Communion

Exclusion by canon law from access to Communion is not limited to the cases mentioned in canon 915. Canon 916 excludes from communion all those conscious of mortal sin who have not received sacramental absolution. [24] Canon 842 §1 declares: "A person who has not received baptism cannot be admitted validly to the other sacraments." [25]

It is also deemed appropriate to consider denying Communion "where someone is trying to use the Eucharist to make a political statement", [26] and Communion has been refused to activists of the Rainbow Sash Movement on the grounds that it has never been acceptable to use the reception of Communion as a manifest act of protest. [5] [27] [28]

Parallel Anglican norm

The Book of Common Prayer requires the minister of Holy Communion to forbid access to "an open and notorious evil liver", until he publicly declare his repentance and amend his life. [29]

See also

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References

  1. Canon 915 in the English translation of the Canon Law Society of America
  2. 1 2 3 Raymond Burke, "Canon 915: The discipline regarding the denial of Holy Communion to those obstinately persevering in manifest grave sin" in Periodica de re canonica, vol. 96 (2007), p,. 3-58
  3. Code of Canons of the Eastern Churches, canon 712
  4. Vere & Trueman, Surprised by Canon Law [Vol. 1], pg. 98
  5. 1 2 3 4 5 "Edward McNamara, "Denying Communion to Someone"". Archived from the original on 2013-01-13. Retrieved 2012-04-24.
  6. Catechism of the Catholic Church, 1385
  7. Code of Canon Law, canon 1331 §1 Archived March 29, 2008, at the Wayback Machine
  8. Code of Canon Law, canon 1332 Archived March 29, 2008, at the Wayback Machine
  9. Code of Canon Law, canon 916
  10. Code of Canon Law, canon 843 §1
  11. Code of Canon Law, canon 912
  12. Code of Canon Law, canon 1398
  13. 1 2 3 Edward Peters, "Withholding of Holy Communion by Extraordinary Minister" in 2008 Roman Replies and CLSA Advisory Opinions 80-83
  14. Joseph Ratzinger, "Worthiness to Receive Holy Communion: General Principles", 6
  15. Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church concerning the Reception of Holy Communion by the Divorced and Remarried Members of the Faithful (14 September 1994)
  16. Pontifical Council for Legislative Texts, Declaration concerning the Admission to Holy Communion of Faithful Who Are Divorced and Remarried, 2 a
  17. Pontifical Council for Legislative Texts, Declaration concerning the Admission to Holy Communion of Faithful Who Are Divorced and Remarried, 2 b
  18. Pontifical Council for Legislative Texts, Declaration concerning the admission to Holy Communion of faithful who are divorced and remarried
  19. "Pope Francis's Controversial Step on Communion for the Divorced and Remarried". National Review. 2017-12-12. Retrieved 2019-02-19.
  20. Worthiness to Receive Holy Communion: General Principles
  21. Henneberger, Melinda (11 May 2009). "Wuerl: Why I Won't Deny Pelosi Communion". Politics Daily.
  22. John P. Beal, "Holy Communion and Unholy Politics" in America, 21 June 2004
  23. On Giving Communion to Pro-abortion Politicians, Crisis Magazine, 10 December 2014
  24. CIC 1983, c. 916.
  25. Code of Canon Law, canon 842 §1
  26. A Statement from the Washington Archdiocese
  27. Catholic News Agency, "Rainbow Sash group denied Communion at St. Paul Cathedral", 16 May 2005
  28. Denis Coday, "Pre-emptive strike in Rainbow Sash clash" in National Catholic Reporter, 28 May 2009
  29. The Order for the Administration of the Lord's Supper or Holy Communion

Works cited