§ 3. On the Law of Abstinence

663. 1. "The law of abstinence forbids eating meat and broth made from meat, but not eggs, milk products, or condiments of any kind, even those made from animal fat." Thus the Code of Canon Law, canon 1250.

a) By the name of meat are understood: α) the flesh of animals living and breathing on land and having warm blood; β) blood, bacon, meat broth,¹²³⁷ what is called "meat extract,"¹²³⁸ peptone,¹²³⁹ marrow of bones, and parts of the brain; but not the products of these animals, such as eggs, milk, and butter. In doubt whether something is to be considered as meat or fish, it is lawful to eat it. For in doubts there is liberty.

b) By the name of fish are understood not only fish strictly so called, but also all animals whose blood is cold, such as reptiles and amphibians, for example, frogs, turtles,¹²⁴⁰ oysters,¹²⁴¹ crayfish,¹²⁴² lobsters,¹²⁴³ caviar,¹²⁴⁴ etc. There are authors, such as Elbel, Holzmann, and Göpfert, who assimilate otters,¹²⁴⁵ beavers,¹²⁴⁶ and coots¹²⁴⁷ to fish; but it is said more correctly with Lehmkuhl,¹²⁴⁸ Aertnys,¹²⁴⁹ and others that the eating of all those animals which have warm blood is not lawful. If, however, a contrary common custom exists somewhere, it can certainly be observed.

c) Under the name of a condiment¹²⁵⁰ comes whatever (whether liquid or non-liquid) is employed in a moderate quantity so that the principal food may become savory, for example, small and few pieces of roasted bacon for seasoning vegetables.

2. The law of abstinence alone is to be observed on every Friday; but Fridays (outside Lent) on which a feast of precept is solemnly celebrated with a concourse of the people are excepted.¹²⁵¹ If, however, in some region, for example, in France or Switzerland, the external solemnity of certain feasts has been suppressed, Friday abstinence is to be observed although those feasts are celebrated in choir.¹²⁵²

3. The law of abstinence and fasting together is to be observed on Ash Wednesday, the Fridays and Saturdays of Lent, the Ember Days, and four vigils, namely, of the Nativity of the Lord, Pentecost, the Mother of God assumed into heaven, and All Saints. Fasting and abstinence, however, do not bind on these days outside Lent if a Sunday or feast of precept falls upon them.¹²⁵³ Therefore, for example, on the feast of St. Joseph, March 19, which always falls in Lent, the law both of abstinence and of fasting is to be observed.¹²⁵⁴ On Holy Saturday after noon, the law both of fasting and of abstinence ceases.

4. The law of abstinence binds all the faithful who possess the use of reason after their seventh year of age.¹²⁵⁵ Infants, therefore, and the perpetually insane are not bound by the law of abstinence; nevertheless, parents are to be exhorted to accustom children enjoying good health to the law of abstinence as soon as possible, even before completion of the first seven-year period, so that afterward they may observe the law more easily.

5. The law of abstinence (even apart from fasting) of itself obliges under grave sin; there is nevertheless lightness of matter in the transgression of this law, as was already said above. Theologians do not agree as to what matter is grave; nevertheless, the opinion defended by Stolz,¹²⁵⁶ Noldin,¹²⁵⁷ Tanquerey,¹²⁵⁸ and Vermeersch,¹²⁵⁹ asserting that there is no mortal sin unless two ounces of meat are knowingly and without any reason eaten, seems too benign. Since in practice the weight of meat cannot so easily be estimated by simple faithful, it is better to tell them that a mortal sin is present when someone knowingly and without any reason eats meat to the quantity of a walnut or of a small hen's egg. The law of abstinence is a negative law, and therefore someone sins as often as he eats meat on a prohibited day, as was already said; but in fact many transgressors think that they have sinned once even if they ate meat several times during the day. Therefore, a confessor is often not bound to ask a penitent who accuses himself of transgression of the law of abstinence how many times he ate meat on each day; but it suffices to know on how many days he did not observe abstinence.

6. The causes excusing from the law of abstinence are the same as those which will be brought forward below as excusing from the law of fasting. Ample dispensations concerning the law of abstinence are customarily granted to soldiers and sailors, who, with a few days excepted, can always eat meat. Similarly, servants employed in the homes of non-Catholics who cannot easily find equally good employment in Catholic homes can eat meat on prohibited days. In some regions, meat is lawfully eaten by guests who take supper in inns and cannot easily obtain other foods. Persons who are under the authority of the head of a household to whom the lawful faculty of eating meat has been given are permitted the foods which are allowed to the head of the household himself. The reason for this permission, however, is not the indult granted to the head of the household, but the moral inability in which the members of the household find themselves to observe the precept.¹²⁶⁰

¹²³⁷ Fleischsuppe [meat soup or broth].

¹²³⁸ Fleischextrakt [meat extract].

¹²³⁹ Vermeersch (Theol. mor. III, n. 873) thinks that peptone, since in common use it does not come under the name of meat and does not have the taste of meat, is not prohibited by the ecclesiastical law of abstinence. Nevertheless, peptone seems in reality to pertain to meat broth.

¹²⁴⁰ Schildkröten, tortues [turtles].

¹²⁴¹ Austern, Muscheln, huîtres, moules [oysters, mussels].

¹²⁴² Krebse, écrevisses [crayfish].

¹²⁴³ Hummer, homard [lobster].

¹²⁴⁴ Kaviar [caviar].

¹²⁴⁵ Fischotter, loutre [otter].

¹²⁴⁶ Biber, castor [beaver].

¹²⁴⁷ Wasserhühner, poules d'eau [waterhens, coots]. Thus, for example, Göpfert says: "Besides fish, the following are considered not forbidden: snails, turtles, oysters, shellfish, frogs, crayfish, lobsters; likewise also otters, beavers, and certain birds, customarily moorhens, black waterhens or coots, and little diving ducks" (Moraltheol. II, 240).

¹²⁴⁸ Theol. mor. I, n. 1458.

¹²⁴⁹ Theol. mor. l. 4, c. 2, a. 1.

¹²⁵⁰ In German: Zuspeise, Würze [accompaniment, seasoning].

¹²⁵¹ Code of Canon Law, canon 1252, §§ 1 and 4.

¹²⁵² Pontifical Commission, February 17, 1918 (Acta Ap. Sedis X, 173).

¹²⁵³ Code of Canon Law, canon 1252, §§ 2 and 4.

¹²⁵⁴ Pontifical Commission, November 24, 1920 (l.c. XII, 576).

¹²⁵⁵ Ib., canon 1254, § 1.

¹²⁵⁶ Trib. poenit. I, n. 528.

¹²⁵⁷ De praeceptis n. 674.

¹²⁵⁸ Synopsis Theol. mor. n. 1130.

¹²⁵⁹ Theol. mor. III, n. 879.

¹²⁶⁰ Cf. Sacred Penitentiary, January 19, 1834, and May 27, 1863.