1. On the Obligation of Correcting Defects or Errors

An error or defect can occur: a) concerning the validity of the sacrament, for example, if the confessor omitted the essential words of absolution; b) concerning the integrity of the sacrament, for example, if the confessor omitted to question concerning the species and specific circumstances of sins; c) concerning the obligations of the penitent, for example, if the confessor omitted to admonish him concerning restitution to be made.

440. a) Concerning the validity of the sacrament, if the confessor erred in such a way that the sacrament administered was null, he is obliged to correct the error. But the gravity of this obligation must be measured: alpha) from the gravity of the harm which otherwise will befall the penitent; beta) from the gravity of the fault or negligence which the confessor committed by frustrating the sacrament.

Not only the pastor and other curators of souls are bound from justice validly to administer the sacrament to one who has rightly confessed, but also any confessor whatsoever, although not in the same degree. For a confessor who is not a curator of souls indeed hears a confession from charity; but once the confession has been heard, by reason of an onerous quasi-contract, and therefore from justice, he is bound validly to administer the sacrament. Accordingly, if he does not do this, he is an unjust damager, and a material one if he did this without any fault (which rarely occurs in practice). But if grave harm thereby befalls the penitent, he must prevent it, although not with great harm to himself. When, however, through his own grave fault he frustrated the sacrament and inflicted grave harm, he is a formal unjust damager and is bound to repair the evil which arose even with grave harm to himself.

The matter becomes clear from examples. 1. A confessor hearing the grave sins of a dying person in confession forgets to give absolution. If the confessor does not correct this error, great harm befalls the dying person, since he has not been absolved and it is not certain that his sins are removed by the reception of Viaticum. The penitent, therefore, will perhaps be damned in hell unless the confessor corrects the error. Moreover, the confessor can scarcely be excused from grave negligence if in such a case he forgets to give absolution. Therefore he is bound under grave sin to correct the error if he can. 2. A confessor forgets to give absolution to a penitent burdened only with light sins. The harm to the penitent is not so grave, and consequently the confessor is not bound under grave sin to correct the error. 3. A confessor forgets to give absolution to a penitent burdened with grave sins; but since alpha) it is piously believed that such a penitent, being attrite, becomes contrite in Communion and receives the remission of sins; and since beta) it is certain that in the following confession these sins will be absolved indirectly, harm not so great befalls the penitent, and consequently the confessor is not obliged to correct the error committed with grave inconvenience. Nevertheless, let every confessor be exceedingly diligent in practice lest he ever commit an error concerning the validity of the sacrament.

441. b) Concerning the integrity of confession, if the confessor committed a defect, a distinction is necessary. Either he conducted himself negatively (that is, he omitted to question concerning the species, number, and specific circumstances, or to impose a penance), and then he is indeed bound to repair the defect within this confession or the following one, but he is bound to nothing outside confession. The reason is that a defect of this kind is easily repaired within confession, but not outside confession. On the other hand, no great harm befalls the penitent from such an omission, since he was validly absolved if he was in good faith. Or he conducted himself positively (that is, he expressly said: this is not a grave sin, or it is not necessary to accuse all mortal sins), and then he is bound to correct this error both within confession and also outside it, although in this latter case the permission of the penitent to speak concerning matters heard in confession must first be obtained. The reason is that the confessor culpably induced the penitent into a pernicious error.

442. c) Concerning the obligations of the penitent, if the confessor committed a defect, the same distinction must be employed. Either he omitted to admonish the penitent concerning some obligation, for example, concerning restitution to be made, the proximate occasion to be avoided, and so forth; and then from charity (and not under grave sin) he is bound to correct the error, because the sacrament was validly administered and no great harm arose which the confessor was strictly bound to prevent. Hence, a fortiori, a confessor who was silent concerning the obligation of making restitution is not bound personally to make restitution to the third person, because he is not bound from justice to take care that the harm to the third person be repaired.³⁸⁸ Or he positively and culpably induced the penitent into error, for example, by saying that he was not bound to restitution; and then from justice he is bound to repair the harm caused. For he is an unjust damager as one counseling the harm. Therefore, when with grave fault he falsely induced the penitent to make restitution or falsely drew him away from it, he is bound to retract the error; and if he does not do this, he himself must make restitution either to the penitent or to the third person.

But if the confessor erred through light negligence, or if he caused only a small harm, the obligation of retracting the error and preventing or repairing the harm is not so great. Nevertheless, in practice that confessor can scarcely be free from grave fault who positively induced someone falsely to make or omit restitution. For then he either has an altogether insufficient knowledge of moral theology or acted very precipitately and imprudently. And there is no reason why such a confessor should merit excessive indulgence.

³⁸⁸ St. Alphonsus, Theol. mor. l. 6, n. 621.