I. On Abstinence from Flesh Outside Fast

What is the fifth and sixth precept of the Church? - The fifth precept of the Church is that the faithful abstain from flesh on certain days, as is clear from various Constitutions of the Supreme Pontiffs, Catechisms, and the universal custom of the Church. - But the sixth precept of the Church is that the faithful observe fasts at the established times, as likewise is clear from various Constitutions of the Supreme Pontiffs, Catechisms, and the universal custom of the Church. C. Quadragesima 16 seqq. de Consecr. D. 5. - Each precept obliges of itself under grave sin, since its matter is grave. Proposition 23 condemned by Alexander VII. Of itself; for in each, according to the common opinion of theologians, smallness of matter is given. Trent s. 25 de Delectu cibor. etc.; L. 1030.; E. M.

Flesh of which animals is prohibited on a day of abstinence? - The flesh of animals born and breathing on land is prohibited. The reason is that these bring the greatest delight in eating, and chiefly provoke man to venereal things. St. Thomas, 2. 2, q. 147, a. 8. - "To discern which animals are to be reputed flesh, although it is not a slight judgment to attend to whether they are accustomed to live for a long time outside water; nevertheless the common estimation of the faithful and the judgment of physicians is more to be attended to, if they repute them flesh or fish." L. 1011. Hence for discerning prohibited flesh a twofold criterion is present: a physical natural criterion, namely that they are animals born and living on land; and a moral criterion, namely that from common estimation and the judgment of physicians they are terrestrial animals and not fish. But each criterion fails, and does not furnish a determined and fixed universal rule. The physical criterion fails because amphibious animals are given; and it is licit to eat snails, turtles, frogs, crabs, oysters, locusts, shells, and according to some, beavers or castors, otters, sea ducks, coots, and certain others add sea crows. The moral criterion fails because it is valid only for ordinary and common things, as is clear. Hence in doubt there is a threefold rule: 1. The structure of the animal, whether it is similar or dissimilar to terrestrial animals. 2. Nutritive power. 3. Custom, which in these matters is the best rule. With doubt still remaining, it is licit to eat, because the law concerning abstinence is negative; wherefore, unless the prohibition is certain, it is licit to eat. St. Thomas, 2. 2, q. 147, a. 8.; Benedict XIV, de Syn. l. 11, c. 5.; Antonelli vol. 2, de Praeceptis Ecclesiae. But both flesh and other things which are derived from flesh, or are in any way constitutive parts of animals, are prohibited; namely fat, blood, marrow, bacon, grease or lard, juice expressed from flesh, and peptones, which are extracted from beef and contain the more principal substance of flesh. Tambur. Decal. l. 4, c. 5, n. 19.; L. 1010. From an Indult now common almost everywhere, seasonings from animal fat are permitted; and then it is licit to use the fat of the flesh of any animal, and not only swine fat, and also butter and margarine; and where there is usage, also broth of cooked meat is tolerated. E. M.

1572 bis. Seasonings which are permitted on days of abstinence and fast can be used in the meal and in the evening collation, S. Poenit. 16 Jan. 1834. When abstinence is not of stricter right, the permitted seasonings are seasonings from the fat of any animal, from butter, from margarine, and similar seasonings. When these seasonings are permitted, one can use the same fat for seasoning foods and eat those small pieces which remain of fat or bacon from the same melted down, provided they continue to be part of the seasoning. Nor are they to be troubled who on days of abstinence and even of stricter abstinence use oil in which flesh has been fried. But seasonings from eggs are not permitted. The juice of swine bacon, or broth from pork, is not comprehended under the terms: condimenti di grasso. S. C. C., 29 Apr. 1911. Peptone is an extract of flesh, united to pepsin; and consequently it is by no means permitted on days of abstinence. The case is altogether different for margarine, which although it is made from the fat of oxen, oil, and milk mixed together, nevertheless is positively permitted when the use of butter is licit. S. O. 6 Sept. 1899.

When, outside fast, does the precept of abstinence from flesh urge? This precept, besides the time of fast, urges 1. on Friday of any week in the whole Christian world, C. Explicari 3 de Observ. ieiunior., unless a special Indult is had; - 2. on Saturday, unless legitimate custom has prescribed otherwise somewhere, or something else has been established by the Holy See, or a privilege is had, C. Quia 31 de Consecrat. D. 5. Cf. Benedict XIV, de Syn. l. 11, c. 5, n. 5. Hence the Holy Office declared on 10 Jan. 1855 that those traveling outside Belgium cannot eat flesh on Saturday in places in which the said Law is in force. But not only in Belgium, but also in the United States of America, in Italy, and in most other places, abstinence is no longer observed on Saturday. - 3. In Lent the precept of abstinence also urges on Sundays; again unless an Indult or another particular law is now had. From this law of abstinence the Nativity of the Lord is excepted by privilege of Honorius III for those who are bound neither by vow nor by regular observance, if it falls on the 6th weekday or on Saturday, C. Explicari 3 de Observ. ieiunior. In most dioceses of France, from particular custom, the obligation of abstinence is in force on the three Rogation days and on the vigil of St. Mark. Therefore attend to the special custom of places. Besides the time of fast. On days of fast, those also who are exempted or excused from fast are held to observing abstinence, as is clearly drawn from the Indults themselves, by which those even who are not held to fast are permitted to feed on flesh and milk foods, unless something else has been established by the Holy See for some place. Tamburini tr. 4 de Quarto Eccl. praec. c. 9.; La Croix l. 4, n. 1291.; l. 3, p. 2, n. 1660 seqq.; E. M. 1573 bis. In the Catechism of the Holy Father Pius X the second precept of the Church is expressed thus: "Not to eat flesh on Friday and on the other prohibited days, and to fast on the prescribed days." Indeed in very many places both the law of abstinence and of fast has been reformed at present. Italy: "1. In all and individual regions of Italy, with also the dioceses of Malta and Gozo comprehended, which are accustomed to use the dispositions laid down in this matter for Italy, fast, or the law of one meal per day, will have to be observed: During the whole time of Lent, Sundays only excepted; on Fridays and Saturdays of Advent; on Wednesdays, Fridays, and Saturdays of the Four Times of the year; on the Vigils: of Pentecost, of the Holy Apostles Peter and Paul, of the B. V. M. assumed into heaven, of All Saints, and of the Nativity of Our Lord Jesus Christ. But on the days on which fast is prescribed, the mixing of flesh and fish in the same eating is at the same time always and absolutely forbidden, not even Sundays in Lent excepted. 2. Besides fast in all regions of Italy, as above, the law of abstinence from flesh and from all those things which draw origin from flesh, namely milk, butter, cheese, eggs, and seasonings from the fat of any animal, must also be observed: on Friday of the Four Times in Lent; on Friday in Parasceve; on the Vigils of the Assumption of the B. V. M. and of the Nativity of Our Lord Jesus Christ. 3. But on the first day of the Lenten fast; on Fridays and Saturdays of Lent; on Fridays and Saturdays of Advent; on Wednesdays, Fridays, and Saturdays of the Four Times; on the Vigils: of St. Joseph, Spouse of the B. V. M.; of the Annunciation of the same B. V. M., where these feasts are recalled under precept, and, as regards the vigil of the Annunciation, provided it falls within Lent; of Pentecost; of the Holy Apostles Peter and Paul and of All Saints, abstinence from flesh only and from juice in any way expressed from flesh will have to be observed: so that it is licit at will in the principal meal to eat eggs and milk foods, and both in the same principal meal and in the little meal to use seasonings from any fat, butter, margarine, as they call it, and similar things. 4. This same abstinence from flesh only and from meat broth will likewise have to be observed on all and individual other Fridays through the year, yet without obligation of fast and, consequently, with no distinction of meals made as regards the free use of eggs, milk foods, and seasonings. 5. But as often as, on any of the above-mentioned days consecrated to fast or abstinence or to each, there falls either some feast from the more solemn ones in the Church, or the feast of the Titular or principal Patron of some place or diocese, or some extraordinary religious solemnity, such as centenaries, pious pilgrimages, and similar things, or public annual fairs which are celebrated with an unusual concourse of people, it is conceded to local Ordinaries, except in the time of Lent and Advent, that they can either anticipate both fast and abstinence, either for the whole diocese or, according to diverse cases, for certain determined places, to another free day pleasing to them, or even, yet from very grave causes, dispense concerning these. 6. This decree does not regard fasts and abstinences to be observed in some places from a particular vow. But as regards Regular Families of each sex, not bound by a special vow of abstinence or fast, it is decreed that they can use the same law as the simple faithful. 7. By the present decree whatever local indults, concessions, privileges, customs even immemorial, to the contrary, not even the Bull of the Crusade excepted, where and under whatever form it is now in force in Italy, are revoked, abrogated, and thoroughly abolished. But let the Ordinaries vehemently exhort the faithful subject to them that they strive to compensate the Apostolic indulgence by other good works.... Our Most Holy Lord Pope Pius X deigned by His Supreme authority to approve and confirm all and individual these things, commanding those whom it concerns that the same, having been opportunely brought to the knowledge of the faithful, from the First Sunday of Advent of the current year 1906, be observed exactly and that they strive that they be observed by all. - Anything whatever to the contrary notwithstanding." S. O. Decr. Frequenter pluribus, 7 Sept. 1906. Therefore in their own force remain fasts and abstinences to be observed from the particular vow formerly made by some place. And therefore at Rome the vow of strict fast on the vigil of the feast of the Purification of the B. V. M. obliges; and in Sicily the vow of fast on the vigil of the feast of the Immaculate Conception, confirmed by Pius VII, C. Frequentes pluribus, 10 Apr. 1818.

After the Motu Proprio Supremi disciplinae, 2 July 1911, concerning suppressed feasts, the vigils of suppressed feasts hitherto observed from precept or from vow must still be observed. S. C. C. 18 Sept. 1911. But by this decision the Decree of the Holy Office Frequenter pluribus, 7 Sept. 1906, was not derogated. S. O. 25 Feb. 1912. "Whether by article 6 of the Decree of Wednesday, 7 September 1906, On reforming the law of fast and abstinence in Italy, anything was derogated from the fasts and abstinences prescribed for Religious Families of each sex by their own Rules and Constitutions? - Resp. Negatively; and therefore, as regards fasts and abstinences to be observed from the general precept of the Church, Religious Families of each sex, not bound by a particular vow of fast or abstinence, can use the same law as the simple faithful; but as regards fasts and abstinences proper to them, one must stand by the Rules and Constitutions of each of them." S. O. 24 Apr. 1907. The great concourse of peoples in the Decree of the Holy Office, as regards dispensation from abstinence and fast to be conceded or anticipation to be made by the Bishop, can be understood also of the concourse of a city or place, and not necessarily of extraneous peoples. S. O. 18 Mar. 1896. Dalmatia: It was established: "1. That fast be observed by strict abstinence from flesh and from all those things which draw origin from flesh, namely milk, butter, cheese, eggs, and seasonings from the fat of any animal, each year on these four days only: Friday of the Four Times in Lent; Friday in Parasceve; the vigil of the Assumption of the B. Virgin Mary; the vigil of the Nativity of the Lord. 2. That fast be observed by non-strict abstinence, that is, from flesh only and from broth in any way expressed from flesh, so that it is licit at will in the principal meal to eat eggs and milk foods, and both in the same principal meal and in the little meal to use seasoning from any fat, butter, margarine, and similar things, each year on these following days: Ash Wednesday; Fridays and Saturdays of Lent; Wednesdays and Fridays of Advent; Wednesdays, Fridays, and Saturdays of the Four Times; the vigil of the Holy Apostles Peter and Paul; the vigil of the Annunciation of the B. Virgin Mary, if it falls in Lent; finally the Vigil of All Saints. 3. But since for several citizens of Dalmatia, on account of weakness of stomach, the drinking of coffee in the morning breakfast without milk becomes very burdensome and troublesome, we indulge that on the days inscribed above under n. 2, with Wednesdays, Fridays, and Saturdays of the Four Times always excluded, it is licit in the morning breakfast either to mix milk with coffee, or to use simple milk. 4. We further declare that abstinence of this kind from flesh only and from broth expressed from flesh is to be observed in all Dalmatia, also on all and individual other Fridays through the year, yet without the obligation of fast, and consequently with no distinction of meals made as regards the free use of eggs, milk foods, and seasonings. 5. Finally we command that in all the Dioceses of Dalmatia fast be observed during the whole time of Lent, besides the days already enumerated above, so that it is licit to eat flesh in the principal meal only, but in the little meal to employ seasoning of fat, butter, and similar things. But as regards the mixing of flesh and fish in the same eating, we altogether forbid it on the days on which fast is prescribed, and during Lent, even on Sundays; and therefore we will that all who are dispensed from abstinence from flesh cannot use such mixing during the whole time of Lent, on Wednesdays and Fridays of Advent, for in Austria in the Advent of the Lord on Wednesdays and Fridays and not Saturdays fast is prescribed; finally on the Four Times of the year and on the vigils mentioned above. 6. Moreover, complying with favorable will to the vows of the Bishops of Dalmatia, we concede to them the faculty that, except in the time of Advent and Lent, they can anticipate both fast and abstinence, either for the whole Diocese or, according to diverse cases, for determined places, to another free day; or even, with very grave causes nevertheless pressing, whether of solemnity or of concourse of people, they can altogether dispense the faithful similarly from the obligation both of fast and of abstinence.

7. Finally, assenting to the desires of the same Prelates, we grant that regular families of each sex existing in Dalmatia, which are not bound by a special vow of abstinence or fast, can and may licitly use and enjoy, from Apostolic benignity, the same dispensation as the simple faithful." Pius X, C. Romani Pontifices, 10 June 1911. Spain and Portugal use the Bull of the Crusade, to which various other Indults have been added, the Indult of flesh, the Indult of milk foods. Cf. E. M. ed. 4, p. 151 seqq. As regards Spain, the Bull which is called of the Crusade does not dispense for eating flesh on days of fast, even of Lent, unless necessity stands, from the counsel of both physicians; but it gives the faculty of eating eggs and milk foods at discretion. The law of fasting remains. Secular priests and regulars living outside cloisters cannot use this Indult unless one has reached the sixtieth year of age; but outside the Lenten time eggs and milk foods are permitted to them. In Spain there is besides another Indult which is called of flesh, for eating wholesome flesh in the time of Lent and on other vigil and abstinence days within the year, except Ash Wednesday, the Fridays of Lent, Wednesday, Thursday, Friday, and Saturday of greater week, and the whole greater week besides Palm Sunday for priests, whether secular or regular outside cloisters, the vigil of the Nativity of Our Lord Jesus Christ, of Pentecost, of the Assumption of the B. Virgin Mary, and of the Holy Apostles Peter and Paul; and this for all. But that someone may be able to use this privilege he must besides have the Bull of the Holy Crusade; and priests, whether secular or regular outside cloisters, must have another Indult of milk foods, so that they can use that of flesh in the time of Lent, if they have not yet completed the sixtieth year. But regular priests within cloisters can, with the Bull of the Crusade alone, feed on eggs and milk foods, even in the time of Lent, greater week excepted. With the Bull of the Crusade and the Indult of flesh they can do the very same as secular priests having the Bull of the Crusade, the Indult of flesh, and the Indult of milk foods. Indult for sixty-year-old priests in Spain. "In Spain secular priests, sixty years old, by force of the Bull of the Crusade and the Indult for feeding on flesh, with abstraction made from their greater or lesser strength or infirmity, cannot use flesh on Monday and Tuesday of Greater Week, as the lay faithful. But Our Most Holy Lord deigned benignly to declare that sixty-year-old secular priests in Spain, by force of the Bull of the Crusade and the Indult for feeding on flesh, with abstraction made from their greater or lesser strength or infirmity, can use flesh on Monday and Tuesday of Greater Week, as the lay faithful." S. O. 31 Mar. 1906. Indult for the poor in Spain. "The poor in Spain, in order that they enjoy the Lenten Indult, are not held to give alms; but they are held if they wish to enjoy other privileges of the Bull of the Crusade." S. C. C. 23 Jan. 1910. "The poor in Spain, without the alms assigned for the Bull of the Crusade having been paid, can enjoy the Indult as regards eggs and milk foods which is contained in the mentioned Bull." S. C. C. 4 July 1910. "1. Whether the law of fast and abstinence on the day of the solemn Commemoration of St. Joseph, Spouse of the B. V. M., in Spain, where the feast has been restored, has been dispensed by force of the Motu Proprio Supremi disciplinae, or needs dispensation of the Ordinaries according to the tenor of the decree of S. C. C. 3 May 1912? - 2. Whether on days on which the law of fast and abstinence is dispensed, the prohibition also is removed of not mixing fish with flesh in the same meal? - Resp. To the 1st: Affirmatively to the first part, Negatively to the second. - To the 2nd: Negatively." S. C. C. 21 Nov. 1912. - Concerning this Response to the 2nd, observe: Through the Motu Proprio of the Supreme Pontiff, 2 July 1911, the precept of abstinence and fast is not simply removed, but dispensed, "we dispense," "we concede dispensation." Wherefore, if feast days preserved by the Motu Proprio fall on a day only of abstinence, the mixing of foods is not prohibited. But when they fall on a day of fast, the mixing of flesh and fish still remains prohibited. "Whether it is licit or not among Spaniards to season fasting foods, both in the meal and in the evening collation, with fat or bacon? Resp. Affirmatively, provided that by Apostolic Indult those seasonings are permitted on days of fast." S. C. C. 6 Aug. 1910. "Whether an Apostolic Indult for seasoning foods both in the meal and in the evening collation is had in Spain by force of the Bull of the Crusade, or at least by force of the Lenten Indult? - Resp. His Holiness benignly deigned to grant the favor, as regards all those not excepted in the Lenten Indult." S. C. C. 24 Jan. 1914.

Latin America and the Philippine Islands: With the Bull of the Crusade abrogated for all Latin America and the Philippine Islands, and likewise with Lenten Indults and Summaries abrogated, a new recent Indult for ten years, concerning abstinence and fast, has been conceded to all, without petition being necessary or any tax to be paid. And even Regulars can use this Indult, provided they are not bound by a special vow, and even as regards abstinences and fasts prescribed in their own Rules. By force of this Indult, Fast without abstinence is to be observed on Wednesdays of Advent and Lent. Fast with abstinence is to be observed on Ash Wednesday, Fridays of Lent, and Thursday of greater week. Eggs and milk foods are permitted in the evening collation; in the morning little meal, milk foods, eggs excluded. Abstinence from flesh without fast is to be observed on the four vigils of the Nativity of Our Lord Jesus Christ, Pentecost, Assumption of the B. V. M., and the Holy Apostles Peter and Paul. Secret. Stat. 1 Jan. 1910. In the Episcopate of Ancy, Frejus, and Toulouse, and in the Archdiocese of Mechlin and the suffragan Episcopates, abstinence and fast on the vigil of the Holy Apostles Peter and Paul, whose feast has been transferred to the Sunday next following, have been abolished.

Warsaw: In the Archdiocese of Warsaw, and in the whole ecclesiastical province, there is conceded 1. the use of milk foods on all days of strict fast through the year, except Friday in Parasceve; 2. swine fat, goose fat, etc., on Mondays, Tuesdays, Thursdays of Lent, as seasoning of foods; 3. the use of flesh on all Mondays, Tuesdays, Thursdays of Lent, only at dinner, except Thursday of greater week; on Rogation days as often as they occur; on all Saturday days through the year, insofar as they do not coincide with a strict fast obliging from another source. Scotland: The law of abstinence for the faithful of the kingdom of Scotland has been relaxed, so that it is licit for individual faithful of that Region to eat flesh, Lent excluded, on Saturdays of the Four Times of the year, and on vigils which either immediately precede or follow Friday or another day of abstinence. Apost. Lett. Benigna Mater, 27 Jan. 1911. Ruthenians: Cf. number 1551 at the end.

Whether flesh can be given to little children on those days on which it is prohibited? - Resp. Affirmatively, if they have not attained the use of reason; otherwise, negatively. But if they are possessed of the use of reason before the seventh year, it is controverted; St. Liguori more probably denies it, de Leg. n. 155. Cf. 195.; L. 1012.

What quantity of flesh is required for grave sin? It is controverted. All agree that matter is grave which notably nourishes; but this can scarcely be determined. According to several, grave matter ought to exceed half an ounce; but St. Liguori rejects this opinion, 1029, where he reports and seems to approve what the Salmanticenses say, that slight matter is only the eighth part of an ounce. Yet they say this concerning days on which fast must also be observed. Among more recent authors, some say grave matter is one ounce; others say grave matter in flesh, eggs, and milk foods is only two ounces. For the nature of this precept does not seem to require that severity of an eighth or half part of an ounce, or even of one ounce. Yet a distinction seems to have to be made among flesh, eggs, and milk foods. Grave matter in the latter is twice as much as grave matter of flesh; for they nourish less. One hen's egg equals almost two ounces.

Whether it is a mortal sin to feed on a dumpling, greens, etc., seasoned with flesh or grease? - Resp. Affirmatively, of itself, if that food is notably juicy; otherwise it will be only venial. Hence it is mortal if the broth of the dumpling has been cooked with a great quantity of flesh, and so on for the others. But the poor are more easily excused from grave, or even light, sin, when, because they are not able to buy butter, they use a small quantity of grease for seasoning a dumpling. But if seasonings from fat are permitted, and grease is employed only in the manner of seasoning, then there will be no sin for all. And where there is usage, also broth of cooked flesh is tolerated. If forbidden seasonings have been employed in good faith, and the error is detected with dinner imminent, when it is no longer easy to prepare other foods, and lest there be scandal and disturbance, the food already prepared can be taken. E. M.

Who are judged to be excused from the law of abstinence? - 1. Begging poor; for they can eat whatever they receive as alms, as theologians commonly think. 2. Poor workers, who have nothing else except a little piece of grease or bacon for seasoning a dumpling or greens. 3. The sick, e.g., those laboring under fever, etc.; also those who are so weak in stomach that they cannot digest licit foods. 4. Those who daily give themselves to labors so arduous and fatiguing to the stomach that, like the sick, they do not experience hunger and reject foods; of this kind are those who spend life in mines or in glass and iron works. In the number of these seem also to be judged drivers who, for the space of several days, leading public carriages by day and night, can scarcely swallow one or another little piece of food; but not those who slowly lead carriages, horses, or mules and rest at inns at night. 5. Travelers who find nothing in inns besides forbidden foods, and cannot easily turn aside elsewhere. Yet they are held seriously and insistently to ask for licit foods. For the mere reason of journeying in no way exempts from the law of abstinence, even if on account of too great fatigue it perhaps dispenses from fast. Hence travelers cannot be excused on account of human fear, on account of fear of displeasing companions, on account of mockeries and other difficulties of this kind; otherwise nearly all those making a journey would be exempted from this law. 6. Those who are of a household, if the father of the household is unwilling or unable to prepare fasting foods; namely these are excused by reason of the necessity in which they are placed. 7. Soldiers living in camps or barracks, and nourished in common at the expense of the Government; and from toleration, in France, also their officers and families, Gousset 313, or from an indult, as others affirm, La France militaire et religieuse n. 3, p. 40, Mar. 1889. An Indult is given each year in Belgium. "Pius IX, at the prayers of the Bishop of Buffalo, conceded that American soldiers and sailors be exempted universally from the law of abstinence, six days excepted, namely Ash Wednesday, the three last days of holy week, and on the vigil of the Assumption of the B. V. M. and of the Nativity of the Lord. This is to be understood of those who are actually serving in camps, ships, garrisons, but not those who are absent by leave. Families using common food with them enjoy that privilege; not likewise those who live far away." Kenrick tr. 4, c. 4, n. 37. Cf. here 1626. 8.

Those who from a just cause have obtained dispensation, which besides the Supreme Pontiff, in individual cases Bishops, regular prelates, and pastors can give to their subjects. If sometimes dispensation is given to the whole household, it seems to comprehend, from the intention of the giver, also those who, in occurring cases, are guests in the same household. C. Consilium 2 de Observat. ieiunior.; L. 1008.; E. M.