Article — Noldin, Summa of Moral Theology

Article First. On Abstinence from Flesh Meat

674.

674. Its declaration. 1. The precept of abstinence alone (without fasting), from the universal law of the Church, obliges: a. on Sundays in Lent (unless a dispensation is granted); b. on all Fridays, except the day of the Nativity of the Lord if it falls on a Friday;1 c. on the Sabbath, unless an indult or legitimate custom excuses.

Whether abstinence on the Sabbath is prescribed by the universal law of the Church is not sufficiently established. This is certain: the universal law of abstinence on the Sabbath no longer exists now. Therefore Benedict XIV affirms that it is lawful to eat flesh meat on the Sabbath wherever its use is not forbidden by received custom.2 But where this law of abstinence is in force, whether it was first introduced by precept of the Church or by custom, it must be considered as a universal law of the Church. Therefore travelers coming from a place where that law is not in force into a region where it is in force are bound to observe abstinence.3 If that law was never universal, by custom it has happened not only that abstinence was introduced, but also that it is considered as a universal law of the Church where it has been introduced.

  1. The precept of abstinence obliges all the faithful having the use of reason, that is, those who have completed the seventh year of age: for it is an ecclesiastical precept, which does not oblige before the use of reason.

Before the seventh year of age has been completed, children are not bound to observe abstinence, even if they have already attained the use of reason; nevertheless parents are earnestly to be exhorted to accustom their children to abstinence as soon as possible: for afterwards they will more easily observe the precepts which they are accustomed early to observe.

  1. The precept of abstinence of itself obliges under grave obligation, because its end and matter are grave; yet it admits smallness of matter.

a. All agree that matter is grave in that which notably nourishes; but in determining the quantity which notably nourishes, authors differ greatly. It seems it must be said that matter is grave which exceeds two ounces (60 gr.).

b. A greater quantity is required to constitute grave sin if not flesh meat properly so called, but something which comes from flesh meat, is eaten. Therefore he who eats an ordinary portion of vegetables seasoned with lard or broth made from meat does not sin gravely.4

  1. A sin is committed against abstinence as often as flesh meat is eaten by morally distinct acts: for this precept, although already injured, can always be violated anew.

1 From custom approved by Honorius III, c. Explicari 3, de observ. ieiuniorum (III, 46).

2 De synodo, l. 11, c. 5, n. 5.

3 The Holy Office, Jan. 10, 1855, declared that travelers outside Belgium (where abstinence on the Sabbath is not in force) cannot eat flesh meat on the Sabbath in places in which the law of abstinence is in force.

4 Genicot I, n. 443.

Cited by 3 passages

675.

675. What is signified by the name of flesh meat and fish. 1. As regards abstinence animals are divided into flesh meat and fish: for on days of abstinence flesh meats are prohibited, but fish are permitted, because their flesh nourishes less and is less savory. What comes under the name of flesh meat and fish in the ecclesiastical sense we must learn not from the theories of physicists but rather from the common estimation of the faithful and especially from custom.

a. The animals whose flesh is prohibited are mammals (Saugetiere) and birds; nevertheless from mammals the following are permitted (because ordinarily they live in water and are nourished, or were thought to be nourished, by fish): otters (Fischottern), beavers or castors (Biber), seals (Seehunde), walruses (Walrosse); from birds, divers (Tauchenten) and probably also coots (Wasser- u. Rohr-Huhner);1 but by no means cormorants (Seeraben).

b. By the name of fish are understood not only fish in the strict sense but all animals which have cold blood: a. reptiles and amphibians, as frogs (Frosche) and tortoises (Schildkroten); b. mollusks, as snails (Schnecken), shells (Muscheln), especially oysters (Austern); c. crustaceans, as crabs (Krebse), lobsters (Meerkrebse).

a. Ancient authors say that prohibited flesh is the flesh of terrestrial animals or animals "resting and breathing on land" (Landtiere), but licit flesh of fish they say is the flesh of aquatic animals, which live and breathe in water (Wassertiere). To these they referred also otters, beavers, ducks, and coots, because, taking the criterion from the ordinary place of these animals, they thought that they lived in waters after the manner of fish, or at least were nourished by fish.2

b. Custom permits these animals alone; therefore where custom renders their use licit, they can be eaten, although it arose from error concerning natural things; but where this custom does not exist, they belong to prohibited flesh meats.

c. In doubt whether something is flesh meat or fish, it is lawful to eat it: for that which is not certainly established to be flesh meat is not prohibited.

  1. By the name of flesh meat in the ecclesiastical sense come all parts of prohibited animals, therefore also blood, marrow of bones, parts of the brain, fat or grease, lard (Speck), unless something of these is permitted by custom or indult; but not the fruits of these animals, as eggs and milk. Therefore foods cooked with flesh meat are also prohibited of themselves, as meat broth and foods seasoned with fat or flesh meat.

a. Long ago fat was permitted for preparing foods (in place of oil); before, by this name only swine fat (Schweinfett) was granted, but now fat or grease of any animal (jede Art von Tierfett) is permitted;3 likewise when grease is permitted, one may also use butter as seasoning.4

b. Where the use of lard is permitted for seasoning foods (as in some places of Italy), the faculty must be interpreted in such a way that even those smallest little pieces which remain mixed with the lard liquefied by fire are licitly taken.5

c. The use of margarine is permitted not only for preparing foods but also by way of food or seasoning, the use of butter remaining lawful.6

d. On days of abstinence it is lawful to use the seasoning of broth invented by Maggi (Maggi's Suppenwurze), because it is not established that it is made from flesh meat; but it is not lawful to eat extracts of flesh meat which are called meat extracts (Fleischextrakt), since they certainly are made from flesh meat.

1 From an indult granted by Pius VII to religious of the Order of Minims of St. Francis of Paola, who by vow must abstain perpetually from flesh meat, it is not lawful to infer that coots of themselves, not only from custom, are permitted on days of abstinence: for by the fact that, at the petition of those religious, that they might freely use that food (coots), the supreme pontiff kindly assented by way of grace, he permitted the eating of that flesh to pious religious, without intending to settle the theoretical question concerning the nature of this food. Cf. Ballerini-Palmieri II, n. 1110.

2 St. Thomas, II-II, q. 147, a. 8; cf. Olfers, Pastoralmedicin (Freiburg: Herder, 1893), p. 46 ff.

3 Holy Office, May 31, 1889.

4 Holy Office, May 13, 1896.

5 Sacred Penitentiary, Nov. 17, 1897.

6 Holy Office, Sept. 6, 1899. Margarine is artificial butter (Kunstbutter) made from bovine fat and the purer part of milk.

676.

676. From the precept of abstinence are excused those who cannot abstain from flesh meat without great inconvenience. Such are:

a. Poor beggars, who can eat flesh meat if they have nothing else.

a. If poor workers, who have no other seasoning, use some lard or fat for seasoning foods, they are not to be condemned in this matter.

b. Therefore flesh meat which cannot be preserved without danger of corruption until a non-prohibited day can be given to the poor who are excused from the law of abstinence.

b. The sick, convalescents, those laboring under weakness of stomach, those weak in strength, those who must take medicine whose efficacy is impeded by fasting foods, and finally pregnant and nursing women: the former indeed if they are weak or fear danger to health from fasting foods, the latter if they must nourish a sick child.

It is established that pregnant women sometimes labor under great appetite for flesh meat; if they do not satisfy this, the fetus could suffer harm. Olfers1 and Capellmann2 indeed deny that any harm arises to the fetus because this appetite, however great, is resisted; nevertheless Lehmkuhl (I, n. 1208) excuses pregnant women of this kind from sin "if sometimes they take a small morsel of flesh meat."

c. Workers who are devoted to very difficult labors or to labors taking away the appetite for food, as workers in foundries, glassworks or ironworks, in metallic or coal mines. To these can also be equated those who must tend furnaces in factories or locomotives.

d. Those who cannot have other foods:

a. Wives, children, servants, if the father of the family does not admit other foods, because they are in moral impotence of observing the precept; servants, however, of themselves are bound to seek another master.

b. Travelers who do not receive other foods in inns; nevertheless they are excused only if they need food for suitable refreshment and if they seriously asked for other foods.

c. A guest who on a day of abstinence is invited to a meal which he knows is to be prepared from flesh meat is of himself bound to refuse the invitation, and can accept it licitly only if from refusal he must deservedly fear notable inconvenience, as grave offense or enmities. A guest who, beyond expectation, finds an entire meal prepared from flesh meat licitly eats flesh meat if he can neither receive other foods nor depart without grave inconvenience.3

d. If by error the meal has been prepared from prohibited foods, one can distinguish in this way. If there is question only of seasoning from flesh meat, eating can be permitted: for since this is prohibited only under light obligation, a reasonable cause excuses. But if there is question of an entire meal prepared from flesh meat, the circumstances must be attended to, namely whether other foods can soon be prepared, whether the foods prepared from flesh meat can be kept without notable detriment until the following day, etc.; for if the prepared meal cannot be left without grave inconvenience, it is licitly taken.4

e. Those who receive only worse and more expensive foods are not excused from observing abstinence, except in the case where the foods are so bad that they do not provide suitable refreshment, or so expensive that they bring notable detriment in goods of fortune.

1 Pastoralmedicin (Freiburg: Herder, 1893), p. 51.

2 Medicina pastoralis (Aachen: Barth, 1893), p. 101.

3 Cf. Berardi, Praxis confessarii (Faenza: Novelli, 1899), II, n. 1463.

4 Cf. ibid., 1464 s.