Article III: Concerning the Obligation of Granting, Denying, or Deferring Absolution

I. After the confessor has questioned penitents, admonished them and exhorted them to contrition and amendment, and inspected their disposition, he will find some certainly disposed for receiving absolution, others doubtfully disposed, and finally others positively indisposed. Therefore the Ritual says, tit. 3, c. 1, n. 23: "Let him diligently see when and to whom absolution is to be conferred, or denied, or deferred, lest he absolve those who are incapable of such a benefit." Concerning this the following principles are valid.

II. Absolution regularly and of itself, and indeed from justice and under grave obligation, is to be granted to a penitent guilty of grave sin who is certainly well disposed. This general principle is enunciated in the Law, can. 886: "To a penitent certainly disposed and seeking absolution, this is neither to be denied nor deferred."

For the confessor, by receiving confession, obliges himself by a quasi-contract to bear sentence according to the institution of Christ. But according to the institution of Christ, absolution of itself must be granted to the well disposed, since this sacrament was instituted precisely for remitting sins. Therefore of itself by force of contract, and therefore from justice, he must absolve the duly disposed, who accordingly have a strict right to absolution; - and indeed under grave obligation, if the penitent is in the state of mortal sin, because it is a grave injury, since he is unjustly deprived of the greatest good of sacramental grace.

It is said 1) guilty of grave sin, because if he has only venial sins or mortal sins already remitted, to defer the penitent a few times is not a grave sin, because grave injury is not inflicted upon him; indeed, if this happens from a reasonable cause, there will be no sin;

2. who is certainly disposed, that is, morally or quasi-certainly, by practical and imperfect certitude, which excludes every prudent and grave doubt, so namely that there is a grave reason for judging this and no serious reason for doubting. For often it is impossible to have greater certitude concerning dispositions;

3. regularly and of itself: for regularly absolution granted at once profits more than if it is deferred, because it furnishes sacramental grace by which the penitent can more efficaciously resist temptation and cultivate virtue. Nevertheless sometimes accidentally absolution can be deferred even to one sufficiently disposed: a) so that before absolution restitution or reparation which can be made in the present be urged; which is an apt mode of exploring more and proving the disposition of the penitent and of obtaining the fulfillment of the duty more certainly; - b) also if the confessor as physician prudently judges that this is more useful to the penitent, who then would be unwilling irrationally; yet his consent is to be sought, because generally delay will not profit unless the penitent consent to it. Hence by the general rule it is already established in law: "to a penitent certainly disposed and seeking absolution, this is... not to be deferred";

c) only for a brief time, for example, for some hours, for a day, for eight days or a little more, because to remain long in mortal sin is a grave inconvenience.

III. Indications of positive disposition are required, so that there be a truly grave motive for bearing a truly founded or morally certain judgment concerning the sufficient disposition of the penitent.

Of this kind are: 1) the due preparation of the penitent for confession, 2) the confession itself duly performed, especially if it is done spontaneously, for example, for more easily avoiding sin and obtaining the state of grace, 3) the affirmation of the penitent if it appears true and sincere, 4) the mode of confessing, namely, a mode evidently candid and humble. These are ordinary signs, namely, which of themselves and in ordinary circumstances suffice; but when there is a special reason for doubting concerning the disposition or sincerity of the penitent, graver signs are required, drawn from the special circumstances of the penitent, or extraordinary conjectural signs, whether of more abundant grace, or of more intense sorrow, or of firmer purpose:

A. Of more abundant grace, as 1) if he confesses from a supernatural and particular motive, for example, on the occasion of preaching, or the death of a friend, or an impending evil; 2) if he had to undergo a rather great inconvenience in order to confess, such as a long journey, loss of a day's gain, a great external conflict; 3) if the confession is made altogether spontaneously from the impulse of grace alone, with no other external circumstance impelling, especially in regions where faith has grown weak and human respect does not impel to the sacraments.

B. Of more intense sorrow, for example, 1) if he employed special means (fasting, alms, prayers, Masses) so that he might institute a good confession; 2) if he says words flowing from the heart, or gives forth sighs and pours out tears, which is a sign having force in many, but not always certain or sincere; 3) if he confesses with greater sincerity, outpouring of heart, for example, sins which he had previously culpably omitted; 4) if he signifies that he apprehends better his sins and danger of damnation.

C. Of firmer purpose, as 1) if he says that after the sin he immediately repented; 2) if he especially asks for remedies and willingly promises to employ them, or willingly accepts a great penance; 3) if already for some time he has persevered or has employed diligence for this by the remedies indicated, for example, by fleeing the occasion, burning depraved books, renouncing the society of the depraved; in one word, if there is already a change of life; 4) if he has relapsed with greater difficulty, that is, after notable resistance, or more rarely in the same circumstances; 5) if he has already fulfilled a difficult obligation, for example, restitution or reparation of reputation or honor or reconciliation with enemies.

IV. Absolution is to be denied to those who are morally certainly incapable or unworthy. This is altogether certain, since in each case absolution is invalid or at least fruitless; but knowingly and willingly to administer a sacrament in a certainly invalid or fruitless mode is grave sacrilege.

Radically incapable are the perpetually insane, - those not yet baptized, - the certainly dead, - those not knowing the things necessary to be known by necessity of means, - and those who certainly are not morally present.

Those incapable because unworthy are indicated by the Roman Ritual, l. c., n. 23: "Let him not absolve those who are incapable of such a benefit, such as: those who give no signs of sorrow, - who do not wish to lay aside hatreds and enmities - or to restore the goods of another, if they can - or to abandon the proximate occasion of sinning - or in another way to leave sins behind (for example, a depraved habit or sinful art) - and to amend life for the better (for example, by employing necessary remedies), - or those who have given public scandal, unless they satisfy publicly and remove the scandal." To these can be added in a general way all those who do not wish to fulfill a grave obligation known to themselves; or who refuse to confess their sins integrally, unless they are excused from material integrity by a grave reason. For in these or similar cases there is lacking the essential condition required for the validity of absolution, namely, contrition.

Moreover let it be noted that the confessor: 1) before he denies absolution, generally must exhort sinners to contrition so that as far as he can he may dispose them, and if by a fervent exhortation he renders them contrite, he can absolve them; - 2) if he must deny absolution, let him do this only with great charity and kind words, by explaining the reason why he cannot act otherwise and by declaring that he will willingly grant absolution as soon as the penitent is disposed.

V. Absolution is regularly to be deferred to those who are doubtfully disposed, unless a grave reason urges that they be absolved under condition. - This is altogether certain, for of itself it is illicit to expose a sacrament to danger of nullity or fruitlessness, because the reverence owed to the sacrament forbids this as sacrilege; - unless accidentally, if there is a grave and proportionate reason, or a notable utility of the neighbor to be obtained at once, because the sacraments are for men. This is to be understood when the confessor has employed every effort for obtaining sufficient disposition, and certain disposition cannot be obtained.

Namely, as often as there is danger of nullity for the sacrament and danger of notable detriment for the neighbor, and both cannot be avoided at the same time, rather the danger of the neighbor is to be avoided and nevertheless the sacrament is to be conferred under condition: for the sacraments are for men, and the law of charity in a case of grave necessity prevails over the law of religion. Thus in the following cases:

1. in danger of death, while the necessity of absolving here and now urges and there is only doubtful matter, - or doubtful disposition, - or a doubtfully capable subject, for example, because there is doubt concerning his life or concerning sufficient presence to the minister;

2. in the case of a marriage soon to be celebrated, or Confirmation soon to be received, if the disposition of the penitent is doubtful; likewise in return to the Church after Baptism repeated under condition;¹

¹ Not thus of itself, while the precept of communion urges, because this can be postponed; - unless accidentally there is a founded fear of infamy or scandal, as is said under 4.

3. in a case in which a doubtfully disposed penitent would for a long time lack the occasion of confessing;

4. in a case in which a doubtfully disposed penitent would be exposed to grave infamy or to giving scandal to others, if he were dismissed unabsolved;

5. if it is greatly to be feared lest one doubtfully disposed and dismissed be cast into despair or not be about to return to receive the sacrament; not however if he seriously threatens this, because rather it is a sign of indisposition;

6. in doubt concerning the sufficiency of matter which is doubtfully grave, or concerning the sufficient or perfect use of reason in the penitent, while the precept of confession urges, or perhaps grave matter is present;

7. finally in doubt whether the minister has already absolved or absolved duly, that is, with the due form. This case is reduced to doubt concerning the condition of the subject, because if the penitent had already been validly absolved, the matter of the sacrament, namely, a new confession, would be lacking.

Therefore there are only six cases on the part of the penitent, and one on the part of the minister.

VI. According to St. Leonard of Port Maurice, those are judged doubtfully disposed: a) who have relapsed in the same or a worse mode, without employing the remedies prescribed by the confessor and without serious effort of amendment; b) who respond only coldly that they are sorry, especially if they have already often relapsed; c) if they show great affection for sin, or have derived great utility from sin, or put their whole zeal into satisfying passions; d) when they are of a freer and more lax life, or rashly excuse their sins, or institute contention and altercation with the confessor, or seem to boast concerning the sin committed; e) when they approach the sacrament not spontaneously, but only by command of parents or others, or from mere custom, or to please others, or from fear lest they lose reputation; f) if they refuse a moderate penance proportioned to their strength.

Therefore those are called doubtfully disposed in the strict sense against whose disposition a grave suspicion arises from positive indications (such as we have enumerated), without on the other side a probable and prudent judgment concerning sufficient disposition being able to be formed on account of much graver reasons.

It is said: 1) from positive indications; therefore if against dispositions proved by grave reason no grave positive reason militates, or only a slight and tenuous reason, then the penitent is not judged doubtfully disposed, because in human and practical matters a solidly founded opinion to which no grave reason is opposed is equivalent to practical certitude. And thus the opinions of some, who contend that probable disposition suffices (understanding probability in the strict philosophical sense of greater likelihood), are reconciled with the opinion of St. Alphonsus, who requires morally certain disposition;

2. without on the other side a probable and prudent judgment concerning sufficient disposition being able to be formed. For although from one or another motive, for example, from repeated relapse, a grave suspicion can arise, on the other side there can be much graver reasons concerning sufficient disposition, namely, extraordinary signs of contrition. But a notably more probable opinion is equivalent to practical certitude. Then therefore absolution is to be given at once, and indeed in an absolute mode.

VII. It is asked under what condition one doubtfully disposed is to be absolved?

Several more recent authors indicate the condition: if you are disposed; the reason of which can be assigned from the difference between Penance and the other sacraments.

Namely, the disposition necessary for justification, namely attrition, which is not of the essence of the other sacraments, is a necessary part of this sacrament, and, added to absolution as form, together with confession and satisfaction, constitutes the very matter of the sacrament. Hence, just as the other sacraments, when doubt exists concerning the matter, are ministered under the condition: if I am able, so this sacrament is ministered to one doubtfully contrite under the condition: if you are disposed. - Hence also the sacrament of Penance cannot be at once valid and unformed or fruitless: for if it is valid, the disposition for justification, namely attrition, is present, and therefore the fruit is obtained at once.

Several others reject the condition: if you are disposed, and do not admit, just as for the other sacraments, any condition except: if you are capable.

They judge that contrition, which is a necessary part for the value of the sacrament of Penance, is not the same as that which is a sufficient disposition for justification or the fruit of the sacrament (as is explained where the effect of contrition is spoken of): they say the first contrition is that which can be externally manifested and judged by the confessor with practical certitude, namely, that which is internal and sincere, supernatural and universal; but as a disposition for justification there is required more, namely, also contrition appretiatively supreme, by which a man is so disposed that he has sin as the supreme evil and efficaciously wills to suffer all things rather than commit it: but this escapes human experiment and cannot be judged by practical certitude, and therefore does not pertain to the sensible sign of the sacrament. Hence if the former contrition is present and the other lacking, the sacrament will be valid but fruitless: but when the other disposition arrives, it will obtain fruit and revive.

From this it is to be concluded, they say, that just as for the other sacraments, absolution is never to be ministered under the condition: if you are disposed, that is, if you have all the dispositions required for the sacrament; but under the condition: if you are capable, namely, of receiving the sacrament, to which all other conditions placed on the part of the subject can be reduced: if you live, if you are baptized, if you have sinned, if I have not absolved you... For the formula: if you are disposed, in the case in which disposition, namely, contrition appretiatively supreme, were absent, would render the sacrament wholly null and would impede its reviviscence forever; - on the contrary the form: if you are capable, would leave the sacrament valid in the case in which that lesser contrition were present which suffices, as a part of the sacrament, for value, and that greater one were not present which is required for fruit, namely, justification; and therefore, if the penitent afterward elicited contrition appretiatively supreme, by that fact the sacrament would revive and the penitent would obtain the effect of grace in the same way as happens in the other sacraments. Namely, the reviviscence of the sacrament is not to be impeded.

In practice, the aforesaid conclusion is legitimate, even if the second sentence is not certain, but only probable, as in fact it is. For from this it follows that attention must be given to it in practice. For the sacraments are not to be ministered in any merely probable and uncertain mode, but in the safer and more certain mode for the good of the penitent, and indeed not in such a way that their effects are impeded, but so that they may profit men as much as possible. And therefore one must abstain from the condition: if you are disposed, and employ that other: if you are capable.

Namely, the same reason why the sacrament is to be given with danger of fruitlessness or even invalidity, the spiritual necessity of the neighbor or the danger lest he be deprived of grace necessary to him, is also the reason why it should not be conferred under

the condition if you are disposed, so that namely the sacramental fruit, if not in the present at least in the future, may be able to come to him, and thus assistance may be given to his spiritual necessity. For it is better to permit the absence of present fruit than to impede reviviscence and future fruit; because the danger of the sacrament, as the lesser evil, is to be preferred to the danger of the salvation or spiritual good of men. And this seems to be the reason why the Church in her rituals is silent concerning the aforesaid condition, and although she enumerates many conditions, she never makes mention of this one; indeed this one was unknown in the Church until the seventeenth century.

VIII. Observations. - 1. If some penitent is doubtfully disposed, all efforts are to be employed that he may be led to certain disposition; only then is he to be absolved under condition, if certain disposition cannot be had and yet there would be grave danger of spiritual detriment, because the grace of the sacrament is necessary to him here and now.

2. It is not licit regularly or always to absolve under condition, because the sacrament of penance was instituted under the form of judgment; but judgment must regularly be pronounced in an absolute mode.

3. Hence concerning the sufficiency of dispositions the confessor is bound from office to judge, and the practice of those is to be reproved who, in order to avoid difficulties, simply absolve under the condition: if you are disposed.