Article II: On the Dying

652. The dying do not present a special difficulty, unless they are at least apparently deprived of their senses and cannot speak: for then in them the use of reason and due intention can be lacking, and the very matter of the sacrament. For although by reason of their state they are certainly excused from the material integrity of confession, nevertheless they can be deficient in contrition, or in its sensible manifestation, and in the essence of confession, which nevertheless are the proximate matter of the sacrament or the condition without which there is no absolution.

Concerning them the principle holds: they are to be absolved absolutely if they are certainly disposed and have manifested that disposition in some way; conditionally whenever in some way, even slightly, it is probable that absolution will be profitable to them.

For the sacraments are for men, and in extreme cases extreme things are to be attempted; hence in a case of extreme necessity it is licit to use doubtful matter and to expose the sacrament to the danger of nullity, provided that some probability, even slight, is present of valid absolution useful to the recipient. - Yet mere possibility does not suffice, since in practical matters probability is attended to, not mere possibility; otherwise all would have to be rebaptized, and all priests reordained, because it is strictly possible that Baptism or Order was conferred invalidly.

In other words: the law of religion is that a sacrament cannot be exposed to the danger of nullity; the law of charity obliges in a case of necessity to assist one's neighbor. But charity obliges more than religion. Hence in a case of urgent necessity, the law of religion ceases while the law of charity remains. For it is better to expose the sacrament to the danger of nullity, provided it is in some degree probable that the sacrament can be valid, than to leave a man exposed to the danger of eternal damnation.

Therefore: 1) The dying person is to be absolved absolutely: a) if he has in the present certain sufficient signs of contrition, or b) if at the moment of absolution, being wholly deprived of senses, he now gives no signs, but earlier gave certain signs to the priest himself, indeed c) if in the presence of witnesses he asked for the sacrament or for a priest and in the meantime lost speech and the use of reason.

For in these cases there is contrition virtually remaining, and a sufficient confession made at least through an interpreter; and from the material integrity of confession so great a necessity most certainly excuses.

2. A dying person who gives no sign of penance and has not explicitly given one is to be absolved conditionally ("if you are capable"): a) if he has lived as a Christian, or b) has preserved the faith.

For these can rightly be presumed to wish to die as Christians, and moreover to have elicited an act of contrition before they lost the use of reason, or even now to elicit it through some lucid interval and perhaps to exhibit a sensible sign through sighs or movements of the eyes or lips or other signs of this sort, even if the priest does not distinctly perceive it. Hence they can be absolved, but under condition, because there is not certain contrition, but only some probability of contrition, and the probability that it is externally manifested is still smaller.

Those are judged such who have preserved signs of the Catholic faith, for example medals, a rosary, a scapular; and unknown persons are equated with these who probably are Catholics, because they have lived in a Catholic region. Indeed, according to some, a dying Catholic who in the very act of sin, for example in drunkenness, adultery, or a duel, lost the use of reason, nevertheless can probably be absolved under condition, provided that from his life some probability of contrition is had, inasmuch as at the moment at which he felt himself losing the use of reason, perhaps he changed his mind and detested the sin.

3. In no way is that one to be absolved who, after a life spent impiously, before being deprived of the use of reason, positively refused out of contempt; unless, however, that manner of acting can be judged to have been revoked, not indeed by mere conjecture, but by some sign of contrition: otherwise all probability of conversion is lacking.

Although under the influence of signal grace it is most certainly possible that he was converted, nevertheless in the case this is altogether improbable, as being supported by no solid reason.

Let it be noted that in the aforesaid cases it is always expedient that the priest, before imparting absolution, speak to the dying person and excite him to contrition. For experience establishes that there are dying persons who are able to hear, although they cannot speak or give certain signs; in which case they themselves are helped to contrition in this way.

653. Can schismatics or heretics also be absolved at the moment of death? - As long as they are in control of themselves and enjoy the use of reason, "it is forbidden to minister the sacraments of the Church to heretics and schismatics, even those erring in good faith and asking for them, unless first, having rejected their errors, they have been reconciled to the Church" (can. 731, § 2 and Holy Office, May 17, 1916). But if they do not wish this, or the priest has judged it more prudent to leave them in good faith, nevertheless let him take care that they elicit acts of faith, hope, charity, and contrition. - But if they are now deprived of their senses:

1. Schismatics who are in good faith can be absolved under condition, scandal having nevertheless been removed (Holy Office, July 20, 1898 and May 17, 1916).

2. Likewise heretics who are in good faith and at the same time admit the sacrament of Penance; not however if they positively reject it or even negatively do not acknowledge it, because they lack the intention of receiving it. And although they have the will of saving themselves, nevertheless they do not have the will of receiving the sacrament and of confessing, or of saving themselves through such a means. Perhaps they would wish to confess if they knew that the sacrament of Penance is a means necessary for salvation, but now they do not will this (n. 93).

More recently certain authors judge more benignly, also arguing from parity from the praised decree of May 17, 1916. But the decree speaks only of schismatics, in no way of heretics; nor is there parity, because schismatics are presumed to have the will of receiving the sacrament, but not so heretics who do not admit it.

Yet someone placed an exception in the case in which a heretic, before he was deprived of senses, said that he wished to be helped in the way in which a Catholic priest is accustomed to help the dying. Yet this is understood with great difficulty, indeed more difficulty for Penance than for Extreme Unction: for how would such a heretic wish to conceive sorrow and to manifest himself as a sinner and sorrowing in order to absolution, which he does not admit?

654. What is to be done with the apparently dead? - They cannot be absolved (or anointed), even under condition, if they are morally certainly dead. But from recent experiments it is established that life can remain in the body for some time, even when someone seems to have given forth his last breath, because generally life recedes from the body only successively. Hence certain persons from among those who were apparently dead (for example suffocated, rescued from water or fire), after three hours, by rhythmic traction of the tongue, were brought back to life. Therefore, the other conditions being supposed, those can be absolved (and anointed) who by such a process show certain signs of life, at least sensitive life; indeed, under condition, those who, although they seem dead according to ordinary signs, are prudently judged to survive.

In practice, when a certain sign of death is lacking, if here and now the judgment of a physician cannot be had:

a) In a case of wholly sudden death, they generally can be absolved within two or three hours, because then it is in some degree probable that life remains for some time on account of the resistant vital forces which are not destroyed suddenly; not longer, because it is no longer probable, although in an extraordinary case it is strictly possible that life remain hidden even for several days. An exception is made if the death was violent, for example from compression or tearing away of the principal members, because then death is evident.

b) In a case of ordinary death from a long-lasting and gradually consumptive disease, they cannot be absolved, because it is not probable that life remains.

c) In a case of intermediate death, from a long-lasting disease but with a new sudden influence, which is called a "complication" and greatly accelerates the expected death, they seem able to be absolved for a period of about a half-hour after apparent death.

655. Observations. - 1. If there is probable doubt concerning the validity of the Baptism of non-Catholics, they must be baptized secretly under condition before they are absolved.

2. In positive doubt whether someone is a pagan, heretic, or Catholic, he can be absolved under condition.

3. A dying person in control of himself can be absolved whenever he renews contrition and makes a brief confession and wishes to be absolved; one deprived of senses is not again to be absolved unless there is present a probable reason of a more certain disposition or of a new necessity: not outside this case, as some have said, every three or four hours, because there is lacking a sufficient reason for more often exposing the sacrament to the danger of nullity.

4. Concerning the manner of helping the dying, cf. our little work De Variis Poenitentium Categoriis, c. 2, q. 6, VII.

1. This last part of the treatise could be extended indefinitely, if the principles were applied to all the different categories of penitents, as for certain ones we have done in the little works De Variis Poenitentium Categoriis and De Variis Peccatis in sacramentali confessione medendis. This, however, rather pertains to pastoral theology and to the practical method of ruling souls in the tribunal of Penance. Hence for these matters we refer to works of a more pastoral character.