Article Second. On Other Prohibited Foods

677. On abstinence from eggs and milk foods. 1. The universal law introduced by custom prohibits eggs and milk foods. By the name of milk foods are understood milk and all those things which are prepared from milk, as butter, cheese, etc. Eggs and milk foods are prohibited when they come from those animals whose flesh meats are prohibited.

2. They are prohibited only in Lent, even on Sundays, unless a dispensation has been obtained; but on other days of fasting through the year they are not prohibited. For among other fasts the Lenten fast is more solemn; and therefore in any fast the eating of flesh meats is forbidden, but in the Lenten fast eggs and milk foods also are forbidden.¹

This prohibition is in force in Italy, France, Spain, etc.; but in our regions of Germany it has already long been abrogated by contrary custom. The chief reason for this custom is the scarcity of fasting foods, and especially of oil and fish. Yet even where the law is still in force, a dispensation is granted for eggs and milk foods for almost the entire Lent, with only a few days excepted, in almost the same way as among us a dispensation for flesh meat is granted.

3. This prohibition obliges in conscience, as is established from the declaration of the Church,² and indeed under grave obligation: for if the law of abstaining from eggs and milk foods obliges in conscience, since its matter is grave, it certainly obliges gravely, which the sense of the faithful and the consensus of theologians confirm.

To constitute grave matter in this precept a greater quantity is required than in the eating of flesh meat, because eggs and milk foods are not prohibited as principally as flesh meat. The opinion of those who require a twice greater quantity seems to be approved, so that four ounces (120 gr. = two hen's eggs) constitute grave matter.³

4. Eggs and milk foods are equated; hence one dispensed for milk foods is judged also dispensed for eggs. But flesh meats and milk foods are not equated; therefore one dispensed for milk foods is not by that very fact also dispensed for flesh meats. But one dispensed for flesh meats is by that very fact judged also dispensed for milk foods, because the lesser is contained in the greater.

Butter and milk are not equated, but stand as lesser and greater in the same species; hence if in a place in which milk foods are prohibited the use of butter is granted for seasoning foods, the use of milk also is not by that very fact granted.

¹ Cf. St. Thomas, II-II, q. 147, a. 8, ad 3.

² It is not evident that the custom of not eating eggs and milk foods in Lent obliges. Proposition 32 condemned by Alexander VII.

³ Genicot I, n. 443.

678. On prohibited mixture of foods. 1. This prohibition, which Benedict XIV issued, is contained in these words: he who by force of a dispensation can eat flesh meat, cannot licitly eat flesh meat and fish together in the same meal on days of fasting. For the indult or dispensation of eating flesh meat on days of fasting, by the will of the supreme pontiff, is granted and can be granted only on this condition: that flesh meats not be taken together with fish in the same meal.¹

a. By force of a dispensation: therefore those who licitly eat flesh meat on days of fasting not by force of a dispensation or indult, but for another reason, for example because of affected health, can also eat fish at the same time.² But those who by reason of age or labor are not bound to fast, as children after the seventh year or workers laboring gravely, who can take refreshment several times, are held by this law: for those who are not bound to fast by reason of age or labor can from this reason only refresh themselves more often, but they eat flesh meat in the meal by force of an indult.³

b. Can eat flesh meat: but he who is dispensed only for eggs and milk foods can at the same time also eat fish. Likewise for those who are dispensed not for flesh meat, but only for meat broth or for meat seasoning, it is not forbidden to eat fish at the same time with these.⁴

c. In the same meal: therefore he who, from dispensation, took flesh meat at dinner is not prohibited from eating fish at supper.

d. By the name of fish are understood fish in the broader sense, insofar as they are opposed to flesh meats (n. 675). Therefore it is not lawful to eat flesh meat together with shellfish or caviar (Kaviar)⁵ or frogs or snails or coots in those places in which coots are held as fish. But it is lawful to eat flesh meat together with fish broth or with seasoning made from fish, and conversely it is lawful to eat fish together with meat broth or with seasoning made from flesh meat: since broth and seasoning from flesh meat is not called flesh meat, and broth or seasoning from fish is not called fish; but flesh meats together with fish are prohibited.⁶

e. But it is not lawful to eat a dumpling seasoned with flesh meat cut into tiny pieces together with fish, or a dumpling seasoned with little fish cut into tiny pieces together with flesh meat: for flesh meat remains flesh meat and fish remains fish, even if they have been cut into little pieces; nor are those little pieces properly seasonings, but another substance joined to flesh meat or fish.

2. This prohibition, from the declaration of the same supreme pontiff, obliges under grave obligation,⁷ and indeed on all days of fasting; therefore: a. throughout the whole time of Lent even on Sundays;⁸ b. on Ember days and on vigils on which fasting is prescribed; c. in Advent; but it does not oblige those who on Friday and Saturday, when the law of fasting does not oblige, are dispensed from the law of abstinence.⁹

¹ Benedict XIV treats of this matter in three encyclical letters, but especially In suprema, Aug. 22, 1741; and the Sacred Penitentiary issued several decrees on this matter.

² Sacred Penitentiary, Jan. 9, 1899.

³ Holy Office, May 24, 1841; June 23, 1875.

⁴ Sacred Penitentiary, Feb. 8, 1828.

⁵ Sacred Penitentiary, Jan. 16, 1834.

⁶ Sacred Penitentiary, June 14, 1880.

⁷ Benedict XIV (July 8, 1744), Si fraternitas tua to the Archbishop of Compostella, n. 1.

⁸ Benedict XIV extends the precept about not mixing foods even to Sundays of Lent, although fasting need not be observed on those days. Ibid., n. 5.

⁹ Sacred Penitentiary, Feb. 15, 1834.