Case LXIV: Dispensation from Fasting

In a lenten regulation is found the customary provision: “In special cases we hereby give the priests and confessors of our diocese the power to dispense individual persons for important reasons.” In this same diocese Caius comes to Father Titius, to whom he usually goes to Confession, and requests for good reasons dispensation from fasting. Titius grants it. Then Caius, for similar reasons, asks also the dispensation of his wife, who is not a penitent of Titius. May Titius also dispense her?

Answer.—Yes. First of all the fact that the wife of Caius does not appear personally is no obstacle. There is no requirement that the dispensation must take place in the confessional, it may take place in writing, or by messenger, provided inquiries can be made as to whether sufficient grounds for the dispensation prevail. Thus the answer depends entirely upon the fact how the word confessor must be understood. If it is to be taken in the restricted meaning, i. e., if the power is granted to confessors only for their own penitent, then, of course, Titius cannot dispense the wife. If, on the contrary, the expression has a wider meaning, for instance, that all who have jurisdiction to hear Confession, have also the jurisdiction to grant this dispensation, then Titius can dispense the wife: at least if he has jurisdiction to hear her Confession, in case, therefore, that she does not live outside his diocese. The latter view, it seems to us, should be held in preference. Of themselves both definitions of the term confessor have a perfectly reasonable meaning. Then, however, the rule governs: Beneficia sunt amplianda. It is true that, as a rule, an individual dispensation must be strictly interpreted; not, however, the faculty to dispense. This is regarded as a beneficium, and hence the principle Beneficia sunt amplianda applies,