ARTICLE II: On the Causes on Account of Which Servile Works Are Permitted

664. There are numbered chiefly six, namely: 1. dispensation; 2. legitimate custom; 3. piety toward God; 4. charity toward neighbor; 5. necessity; 6. utility.

I. Servile works are permitted ON ACCOUNT OF DISPENSATION of the Superior, namely of the Supreme Pontiff in the whole Church; of the Bishop, or, the see being vacant, of the capitular Vicar, in his own diocese, not only for diocesan feasts, but also for those which are common to the universal Church; with this distinction, however, that on feasts established by common law the Ordinary cannot dispense without just cause, nor give a general and permanent dispensation; but on local feasts he dispenses without cause validly, although illicitly. The dispensation of a regular prelate is also valid toward his own subjects; likewise of a parish priest toward parishioners, by force of custom: yet under this law, that each dispenses only for a time, in a particular case, therefore more sparingly, and only for individuals or for a restricted group, and from a just cause (cf. n. 234, 3). Thus St. Alphonsus, III, 288; D'Annibale, III, n. 128.

But here it is useful to note: 1. If the cause of laboring, or of omitting Mass, is manifestly sufficient, dispensation is not required. Yet let the faithful see that they are not led by avarice rather than by reason. 2. A confessor, although he cannot dispense, can nevertheless interpret the law through epikeia, and thus concede permission for forming the conscience of those doubting (III, 288).

665. II. They are permitted ON ACCOUNT OF legitimate CUSTOM. For, as Gerson rightly observes (de Praec. Decal., c. 7), concerning servile works not to be exercised, the custom of the place and of persons tolerated by prelates determines more and more frequently than another written law.

Therefore it is licit, where custom is in force: 1. to use a carrying chair borne by men; 2. to lead vehicles or animals loaded with merchandise; 3. to irrigate vegetables, to turn or separate crops on the threshing floor; 4. to cook and prepare foods, even superfluous ones, or seasoned for pleasure; 5. to kill and skin smaller animals, if on the preceding day this could not be done; 6. to sell and buy, even in public shops, drinks and foods; likewise shoes, candles, and similar things whose price is determined. Yet merchants are held to close their shops, so that thus they show that they distinguish feast days from other days (III, 275 ff.; H. Ap., VI, 15).

Likewise it is permitted to barbers on a feast day to shave the beard, both from general custom and from necessity, because rustics especially and workers are for the most part impeded on the other days. Hence, if barbers did not furnish their office to those coming on a feast day, they would be deserted with grave harm (III, 290). For the rest, to shave one's own beard is not a servile work; whence it is not illicit to furnish that office to others.

666. III. They are permitted ON ACCOUNT OF PIETY toward God. And by this title works are permitted which proximately look to worship, for example to ring bells, to carry statues in processions, to erect platforms necessary for festivity, or the Lord's sepulcher, etc. It is also licit, at least from custom, to bake hosts, sweep the temple, spread carpets, adorn altars and churches, etc. (III, 291; H. Ap., VI, 16).

Nor does it seem to be disapproved if someone on the Lord's day, after divine offices, should make rosaries to be distributed gratis among the poor; or if pious women should labor at making ornaments necessary for some poor church; or if someone should make pious images for promoting devotion among his own or among others (III, 293).

But, more probably, it is not licit to cultivate the fields of the church, whitewash the walls of the church, carry stones or wood for building a church, etc., unless necessity is present,

or great utility approved by the Bishop; for these things concur only remotely toward divine worship. Likewise, it is not licit to erect platforms for seeing a procession, unless when no other time would be available (H. Ap., VI, 17).

667. IV. They are permitted ON ACCOUNT OF CHARITY toward neighbor. - By this title it is licit to serve the sick; to conduct the cases of the poor, of orphans, or of widows; to dig a grave; to sell to country people, who on other days are impeded from buying; to labor for some determined poor person, for whom by reason of necessity it would be licit to labor; or even for the poor in general, if a grave and certain necessity is in force in some place (III, 293 seqq.).

668. V. They are permitted ON ACCOUNT OF NECESSITY, one's own or another's, of soul or of body, namely if some work cannot be omitted without grave inconvenience or loss (III, 295 seq.).

By this title there are excused:

1. Those who perform those works to which, because of necessity, daily attention must be given, and which conveniently neither can nor usually are anticipated or postponed, as to cook foods, make beds, wash, sweep the house, and the like (H. Ap., VI, 21).

2. The poor, if otherwise they cannot nourish themselves and their family, scandal being excluded; likewise, if they mend their own clothes and those of their own people, which they are not able to repair on other days.

3. Likewise servants, wives, and children compelled to labor, whether by force or by fear of grave harm or loss; and extend this to workers who print newspapers or notices to be made public. But they would by no means be excused if the compulsion were made in contempt of the feast day itself. But the more frequently any servant is held to undergo coercion of this kind, the more strictly he is obliged to seek another master for himself, and the graver the cause required so that he can be excused from this obligation (III, 295, 296).

4. Similarly, public bakers and butchers, at least in large towns, both on account of custom and on account of the necessity of the people. But to make bread or pastries is scarcely licit except from necessity, as, for example, if several feasts concur, and bread baked beforehand would become less fit for food (III, 298, 299). Similarly those are excused who train themselves so that they may furnish help in extinguishing fires.

5. Likewise all those are excused whose works once begun cannot be interrupted without great harm, as those smelting iron and glass, burning lime or bricks, etc. And these can sometimes even be begun on a feast day, to avoid grave harm (III, 300).

6. Likewise blacksmiths, if they shoe the horses of travelers, or of those who on the following day at very early morning are about to make a journey, or to go out into the field for laboring; likewise, if they repair the plowshares of those who otherwise on the following day would not be able to labor. Likewise those are excused who in a case of necessity repair bridges, fountains, public roads, machines in workshops (H. Ap., VI, 19).

7. Shoemakers and tailors are excused who make shoes and clothing necessary for imminent weddings, funerals, and similar solemnities, or who mend clothing for a pilgrim; or even if the promised garments are so expected that, unless they finish them, they are about to suffer great harm (III, 303). But they are not to be excused, indeed they are to be severely rebuked, if under pretext of necessity they more frequently prolong labor already begun after midnight into the feast day; because for the most part that necessity is voluntary for them, since very often they cast themselves into it, either by taking on more works than they can complete, or by wasting time during the week on useless things (Gury, n. 360).

8. Likewise farmers who, because of past or imminent rain, turn, gather, or carry hay or crops. So likewise, so that harm may be avoided, and by custom in many regions, it is permitted to gather fruits, although not necessary for the use of that day, so that they may be better preserved; especially if there is danger of imminent rain (III, 298; H. Ap., VI, 21). In certain regions, with a shortage of workers standing, this necessity can be greater (Ami du Cl., 1910, p. 115). As regards artisans who, besides daily labor in a workshop, have undertaken the cultivation of a garden or field, it seems that it can be tolerated that on Sunday they complete those things which reasonably they cannot perform on another day: always with assistance at the sacrifice of Mass saved, and scandal excluded.

9. Finally those are excused who by office make a journey, or carry merchandise. To these today are to be numbered those who are detained by necessary occupation on railroads or in public electrical workshops, as directors, conductors, stokers, etc.; but not, unless some other reason accedes, those who are occupied in distributing or receiving merchandise.

Note. Sometimes for directors of a Catholic daily paper there is present a moral necessity, even on Sundays and feast days, of printing their sheets, both so that they may at once blunt the attack of the enemies of the Church, and so that they may impede the diffusion of depraved newspapers.

669. VI. They are permitted ON ACCOUNT OF extraordinary UTILITY; for this is equated with necessity.

Hence: 1. Those are excused who labor on account of a cause of public joy or splendor, for example if it is a question of celebrating a victory, of preparing a feast on account of the birth, arrival, etc., of a prince. For such signs of joy are morally necessary for the peace of the people; whence by custom labors are permitted which could not have been anticipated (III, 304; H. Ap., VI, 24).

2. Likewise probably those are excused who labor on account of great and extraordinary gain; for great profit ceasing is equated with grave harm; but the third precept, insofar as it is human, does not oblige with grave inconvenience or harm. This is confirmed from c. Licet, de feriis, in which Alexander III is reported to have dispensed so that herrings could be caught on Sundays and feasts, lest otherwise the occasion of catching them should be passed over (III, 301).

It is asked. Whether the reason of avoiding idleness excuses?

Resp. Generally it does not excuse; because idleness can easily be avoided by other remedies, and indeed better ones, for example by going to church, reciting the rosary, visiting the sick, reading some spiritual book. In particular, the reason of avoiding idleness excuses if by the labor there must be avoided a truly probable danger of falling into sin, namely if thus the danger is avoided of playing, drinking with companions, speaking shameful things, etc. (III, 302). Certainly it will also help to hear the opinion of Suarez (l. 2, c. 26, n. 4 and 5): "(A less servile work) can be excused from a certain colored title of moral necessity; because a man, especially a secular and one not accustomed to it, cannot devote a whole entire day to reading or prayer: and therefore, lest he be idle ..., he morally needs some operation, and therefore that moderate operation ... can reasonably be permitted."