Chapter II: On Abstinence Outside Fast

Besides the Authors cited at the beginning of chapter I, cf. Berthelet, Traite historique et moral de l'abstinence; Villien, op. laud., c. VIII; Lehmkuhl, I, n. 1455.

1244. PRINCIPLES. I. The ecclesiastical precept of abstaining from meats urges, besides days of fast, on Friday of any week and on Saturday. The first part of the proposition enunciates the common law, which must be observed even on Sundays of Lent. The second part, as regards Saturday, states the customary law by which most places of the Latin Church are governed (Can. Quia dies, 31, de Consecr., D. 5). If a feast falls on Friday or Saturday, the law of abstinence ceases, as we noted above n. 1240, 1.

From the law of abstinence on Saturday are immune, besides Greece, the kingdoms of the Spains and Italy (S. Off., 7 Sept. 1906, n. 4). Likewise, in certain dioceses of France and Belgium, the Saturdays occurring between the Nativity of the Lord and the Purification of the B. V. M. are excepted (Benedict XIV, Synod., l. XI, c. 5).

But in some places abstinence must be observed also on Rogation days and on the vigil of St. Mark; in this matter the custom of the place must be held.

1245. II. The precept of abstinence obliges under grave matter all baptized persons having use of reason, at least if they have completed the seventh year. Under grave matter: because the law is concerning a matter grave per se; yet smallness of matter is admitted (cf. n. 1225, Question 2). All baptized persons having use of reason, on account of the arguments explained above n. 194 and 195. Yet there excuses: 1. impotence whether physical or moral; 2. dispensation of a Superior.

1246. Corollaries. 1. They are legitimately EXCUSED from the law of abstinence:

a) Begging poor persons, who can eat whatever they receive in alms. Likewise, poor workers who, since they cannot buy butter or oil, licitly use a little piece of grease or lard for seasoning porridge or lettuces (III, 1008, 1033).

b) The sick and those weak in stomach, who namely cannot eat esurial foods without grave inconvenience.

By which title certain workers also are excused, for example in mines or workshops of glass or iron, on account of the extraordinary harshness of the labor. Likewise pregnant or nursing women, if the offspring is sick, or the mother is very weak.

c) Wives and children of a family, who would suffer grave indignation of husbands or parents; provided the eating of meats is not commanded in contempt of the law or of religion. Cf. nevertheless the things said n. 154, 3, v. fin.

Likewise servants and workers to whom licit foods are not furnished, if they cannot leave the master or seek another without grave inconvenience; yet they ought to contradict, insofar as prudence permits this.

d) Soldiers living in camps or messes who are nourished in common at the expense of the government.

But leaders are not excused who refresh themselves privately and at their own expenses; nor soldiers traveling privately, or dwelling in the paternal house, although for a brief time, unless they are excused by indult or custom (as exists in France). Cf. n. 1234; Ami du Cl., 1905, p. 1031.

Note. To American soldiers and sailors (but not to those who are absent with permission from camps, ships, garrisons) only six days of abstinence are assigned: Ash Wednesday, the last three days of Holy Week, the vigil of the Assumption of the B. V. M. and of the Nativity of the Lord (Coll. Lac., III, App. ad Conc. pl. Baltim., II, col. 573).

e) 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; nor are they ever excused on account of fear of displeasing others or provoking mockeries (cf. n. 522).

f) Those invited to a meal, if, contrary to expectation, they find the meal prepared from forbidden dishes.

Understand: Unless this was done in hatred of religion; or unless the one invited is a priest, or such a one who, by eating, brings in grave scandal; or unless on account of confidence other dishes can be asked for. Further, to depart, or to attend the whole meal eating nothing or only bread, on one side would require almost heroic virtue, on the other would provoke great disturbance, indeed, for the most part, enmity. Thus Berardi (Theol. mor., IV, n. 12, p. 15).

Note. As regards innkeepers see n. 522.

2. Catholics who, on days of abstinence, furnish meats to their non-Catholic guests are not to be blamed if either a) this is permitted to them by force of an apostolic indult, which many Bishops are accustomed to obtain and communicate to confessors; or b) some just cause concurs; provided nevertheless, in either case, scandal and contempt of ecclesiastical law are absent; or c) because for non-Catholics the Church is judged not to urge those positive laws which directly turn to the sanctification of souls, lest sins be multiplied (cf. n. 198).

3. Those same can dispense from the law of abstinence who can dispense from the law of fast, and in the same cases (cf. n. 1240).

1247. Italy. On 7 Sept. 1906 (A. S. S., 39, p. 455) the law of abstinence and fast was reformed, for this end that local customs (even immemorial ones) be taken away and uniformity (except the case of vow) be found everywhere.

I. The OBLIGATION OF FAST will be present for those not excused: in Lent; in Advent (on Fridays and Saturdays); in the Four Times; on the vigils of the Nativity of the Lord, Pentecost, Sts. Peter and Paul, the Assumption of the B. V. M., and All Saints.

Note: 1. Promiscuity of meat and fishes on these days and in the same meal is forbidden to all, even on Sundays of Lent.

2. On Sundays of Lent, there is neither fast nor abstinence.

II. The OBLIGATION OF ABSTINENCE suffers four distinctions:

1. Most rigorous abstinence. In all meals even eggs and milk-foods are prohibited, indeed also condiments of fat, lard, butter, margarine, etc. Even those not fasting are held by this prohibition. This prohibition urges on Fridays of the Four Times in Lent and of Holy Week, on the vigils of the Nativity of the Lord and of the Assumption of the B. V. M.

2. Rigorous abstinence. Eggs and milk-foods, condiments of fat, butter, etc. are permitted. Yet in the little supper, those fasting (by reason of fast) cannot use them. This abstinence has force: on the first day of Lent, on Fridays and Saturdays of Lent and Advent (excepted the Fridays concerning which above), on the vigils of Pentecost, Sts. Peter and Paul, and All Saints.

3. Mitigated abstinence. Meats and meat broth are also permitted, but only in the meal, for those fasting. This abstinence obliges on ordinary days of Lent which were not mentioned above.

4. Ordinary abstinence. Use of meat is forbidden; in any licit eating all other things are licit. This is the abstinence of Friday of each week through the year.

Note. In the year 1911 (A. A. S., III, 361) the indult for Italy was extended to the regions of Dalmatia, with a few things changed.

Latin America, the Philippine Islands, and the Antilles. On the first day of January 1910, the Supreme Pontiff, the privileges and indults of the Bull of the Crusade and of the Summaries which were attached to this being abrogated, promulgated a new indult for ten years.

1. Fast without abstinence is to be observed on Fridays of Advent and Wednesdays of Lent.

2. Fast with abstinence is to be observed on Ash Wednesday, Fridays of Lent, and Thursday of Holy Week.

3. Abstinence without fast is to be observed on the vigils of the Nativity of the Lord, Pentecost, Sts. Peter and Paul, the Assumption of the B. V. M.

Note. a) No tax, or alms, for the use of the indult can be imposed; nor is it required that individual faithful or heads of families express a petition for the use of the indult.

b) This indult, with the consent of Superiors, Religious of either sex can use, not bound by special vow, although they are from the family of the Order of Minors, even as regards abstinences and fasts prescribed in their own statutes.

c) On days of fast, even regulars can, in the evening collation, use eggs and milk-foods. But in the morning little refreshment, only milk-foods are permitted.

d) The privileges conceded to Blacks and Indians, through the Constitution Trans Oceanum, 18 Apr. 1897, remain firm, and they can use the privileges of the new indult. Whence they are held to fast only on Fridays of Lent, nor can they be obligated to fast on Holy Saturday and on the vigil of the Nativity of the Lord (13 Dec. 1911).

e) The prohibition of mixing meats with fishes remains firm. The State of Chile is excepted, for which, on account of grave reasons, in the year 1911 the prohibition was abolished. Cf. for all these things A. A. S., p. 215, 272; III, 184; IV, p. 730.

East India. 1. There are only nine days of fast: namely Fridays in Lent, the vigils of the Nativity of the Lord and of Holy Saturday. 2. The days of abstinence are, besides days of fast, all Fridays through the year and Wednesdays in Lent (Kalend. archid. Bombay).

Scotland. On 27 Jan. 1911 the Supreme Pontiff conceded for the faithful of the kingdom of Scotland a partial relaxation of fast, so that (Lent excluded), on Saturdays of the Four Times and on vigils which are followed or preceded by a Friday or another day of abstinence, they can freely eat meat (A. A. S., III, p. 58).

1248. The peculiar law by which the kingdoms and colonies of the Spains are governed as regards the present matter must be stated partly independently, partly dependently on the celebrated Bull of the CRUSADE.

A. Independently of the Bull of the Crusade, general dispositions and particular indults must be cited.

I. GENERAL DISPOSITIONS. 1. By legitimate custom abstinence from meats on Saturday (besides days of fast) has been abrogated. 2. From the year 1867, the fasts on vigils of St. John the Baptist and also of the Holy Apostles have been transferred to Fridays and Saturdays of Advent, excepted nevertheless two vigils of the Holy Apostles Peter and Paul and also of St. James the Greater, which remain consecrated to fast on the very days to which they are affixed. 3. The law of fast and abstinence on the day of the Commemoration of St. Joseph (as one numbered among the feasts restored), by force of the Motu Proprio Supremi disciplinae, has been dispensed, the prohibition remaining firm lest mixed foods be set down in the same eating (S. C. C., 21 Nov. 1912).

II. PARTICULAR INDULTS. 1. Common soldiers and their decurions (cabos, sargentos) through the whole time of actual service, whether they are occupied in war or in garrisons, have received a most absolute dispensation from laws regarding fast or abstinence in any way whatever (Brief Cum in regis, 16 Dec. 1803).

2. Leaders superior to decurions enjoy the same most absolute dispensation, but only when they set out for waging war or are actually occupied in an expedition (ib.). The dispensation in the same circumstances is extended to physicians, military chaplains, etc.

3. The same leaders, actually exercising their office in garrisons, at the same time enjoy dispensation, excepted: a) as regards fast and abstinence from meat together: Ash Wednesday, the seven Fridays of Lent; Wednesday, Thursday, and Saturday of Holy Week; b) as regards fast alone, without any abstinence, not even from mixed foods: the seven Saturdays of Lent and Monday and Tuesday of Holy Week (ib.).

4. The families, servants, table-companions of soldiers and leaders can use respectively the same privileges as parents, masters... but as regards abstinence alone (the law of fast remaining firm, insofar as it permits only one meal); yet under a double condition: a) that they habitually eat from their table; b) that the principally privileged are not absent for three days (ib.).

5. On 20 Mar. 1906 it was conceded for ten years that chaplains, travelers, carriers, and all others in whatever way staying in ships of the Transatlantic Society of Barcelona can enjoy the same privileges as common soldiers, the following days excepted, on which only the law prohibiting the mixing of fish and meat is to be observed, namely: the seven Fridays of Lent and also Wednesday, Thursday, and Saturday of Holy Week.

[B. Dependently on the Bull of the Crusade] are ordered the dispensations usually conceded to other Spanish faithful and also to foreigners staying in Spain, beyond those enumerated above. Hence it is plain that the Bull of the Crusade, as regards what pertains to the present matter, both has the force of an indult, and confers strength and value on the two indults attached to the same.

Addendum link: see the Addendum to n. 1248 B on the Bull of the Crusade.

These two indults are commonly called the Bulls of meat and milk-foods. From their names the matter of the dispensations is shown.

I. OBJECT OF THE BULLS. The Bulls regard only dispensations from the law of abstinence as introduced by common Right; whence 1. those who by natural Right itself exist certainly dispensed from the positive precept of abstinence do not need the Bulls; 2. but neither are helped by the Bulls those Regulars who by a special vow have bound themselves to preserving perpetual abstinence; 3. the Bulls similarly leave untouched the law of fast, insofar as: a) it permits only one meal; b) it excludes eggs and milk-foods from the little supper (hence those not dispensed from fast can use conceded foods in the meal alone; but those dispensed as often as they wish to eat); c) insofar finally as it prohibits the mixing of fishes and meat in the same eating.

Note. Summaries of the three indults have been prepared in which both the privileges of the Bulls and the conditions or limitations of the privileges (where they have been added) are set forth. Moreover four Declarations have been issued by the Reverend Congregations, namely: S. Off., 4 Mar. 1891, 23 Jan. 1901, as regards Regulars; 31 Mar. 1906, as regards sexagenarian secular priests; S. C. C., 23 Jan. 1910, as regards the poor; which necessarily must be consulted.

II. GENERAL CONDITIONS REQUIRED FOR VALIDITY. The Bulls and their summaries present privileges. Therefore they do not profit the unwilling. These privileges are: 1. personal: whence they must be applied to individual privileged persons; 2. onerous: whence individual persons must accept individual summaries and apply them personally to themselves, and also according to their condition pay the stated taxes from their own goods; 3. temporal: the value of the summaries endures from the day of taking until the next following promulgation in the place where the privileged person resides; but this promulgation must be made each year; whence each year each one must procure new summaries for himself; 4. local: whence both the Bulls must be taken in Spain by persons existing or staying there, and the legitimate use of the privileges (as regards meats conceded unconditionally) is circumscribed by the limits of Spanish territory; 5. unequally distributed according to the diverse state of persons; hence each one should attend to restrictions perhaps pertaining to himself.

III. THE BULL OF THE CRUSADE (properly the Lenten Indult) of itself confers two privileges: 1. the unconditional right of using eggs and milk-foods through the whole Lenten time, no day excepted; 2. the conditional right of eating meats, no time of year, no day excepted. But a double condition is added: a) a grave cause, that is, sufficient for introducing doubt whether you are dispensed by natural Right itself or not; b) the counsel of both physicians. From the use of this other privilege (the conditions having been verified) no one is excluded.

IV. THE BULL OF MEAT permits unconditionally the use of meat, on any days of the year whatever consecrated both to fast and to simple abstinence, besides the following: a) outside Lent, the vigils of the Nativity of the Lord, Pentecost, the Assumption of the B. V. M., and of the Holy Apostles Peter and Paul; b) within Lent, Ash Wednesday, the seven Fridays, and also Wednesday, Thursday, and Saturday of Holy Week.

Note. 1. Participants in the privileges (III, IV) are: a) Fully: all whether laymen or clerics, or regulars not distinguished by the priesthood, and also secular priests born sixty years (31 Mar. 1906). b) Outside Holy Week: regular priests living the cloistered life (S. Off., 4 Mar. 1891). But regular priests who are sexagenarians, but live outside cloisters, can use milk-foods indeed without limitation of days, but meats only outside Holy Week.

2. Entirely excluded from the use of the same are: priests, both secular and regular living outside cloisters, who are not born sixty years. But this exclusion is not extended to the conditional privilege conferred on all through the Bull of the Crusade, as we have seen above.

3. To regulars not priests it is insinuated by counsel that they fast in the same way as priests of regular Orders (23 Jan. 1901).

V. THE BULL OF MILK-FOODS is a certain remedy, which those entirely excluded from the use of the privileges (III, IV) are able to use for obtaining participation in the aforesaid privileges; yet under a threefold condition: that for milk-foods alone they prepare for themselves the double summary, namely of the Crusade and of milk-foods; for milk-foods together with meats the triple summary of Crusade, of meat, and of milk-foods; and that they are able to enjoy the grace conceded only outside Holy Week.

Note. In the present matter, Holy Week does not comprehend Palm Sunday.

VI. THE NECESSITY OF THE BULLS must be taken disjunctively, so namely that those who are not exempt from paying the tax either take the Bulls or are held under grave matter to observe the law of abstinence most strictly.

VII. EXEMPT from the burden of taking the Bull of the Crusade are the poor and almost poor, accepted in a somewhat broader sense. These fully enjoy the privilege of each Bull, one Pater and Ave having been recited as often as they eat meats (S. C. C., 23 Jun. 1910).

The Lesser Brothers of St. Francis are excused from taking the Bull of meat, with the faculty of eating milk-foods through the whole of Lent, and meats up to Wednesday of Holy Week exclusively, if they are not priests; if priests, of eating both dishes up to Palm Sunday inclusively. From the burden of the Bull of milk-foods all are free, except non-sexagenarian priests living in the world or outside cloisters.

VIII. SCHEMA. 1. As regards the Bull of milk-foods. a) The poor need none; b) almost all the rest, one; c) only non-sexagenarian priests living in the world or outside cloisters, two.

2. As regards the Bull of meat and milk-foods. a) The poor need none; b) Lesser Brothers, one; c) almost all the rest, two; d) only non-sexagenarian priests, commonly three.

Note. See a fuller exposition of the whole Bull in the Salmanticenses, Tamburini, Croix, Ferraris, and other older theologians. Among more recent authors see Pavone, La luce fra le tenebre; Michael Sanchez, Expositio Bullae Cruc.; Mach, Tesoro del sacerdote.