Case 2. Servile Work

Caius, a young Catholic who seeks a livelihood for himself by the photographic art, asks a confessor, a missionary priest in England, whether it is lawful for him to develop and finish on Sundays photographs taken on days during the week. The confessor judges that the work is servile, but, because of the young man’s poverty, judges that there is cause for dispensing; he doubts, however, since he himself is only an assistant missionary, whether he is able to grant the necessary dispensation or not. Hence it is asked:

1. What kinds of works are prohibited on feast days?

2. What causes excuse from that law?

3. Who are able to dispense from the said law?

4. What is to be said of the case?

1. What sort of work is forbidden on days of obligation?

Servile work, or that which used to be done by slaves, and which is now done by servants and laborers, and which chiefly employs strength of body, is forbidden on days of obligation. Common estimation and custom also have weight in deciding what is servile work. Mental or artistic work, usually done by a higher class of society, is not forbidden. Nor are occupations forbidden which are common to all ranks of society, such as traveling. But besides servile work, public buying and selling, taking oaths, and giving sentence in courts of justice, are also prohibited.¹

1 Manual of Moral Theology, vol. i, p. 264.

2. What is sufficient to excuse from that law?

Dispensation granted for just cause by a competent authority, custom, the service of God, charity, necessity, and some utility of importance.¹

1 Manual of Moral Theology, vol. i, p. 266.

3. Who can grant a dispensation from this law ?

The Pope can dispense any or all of the faithful from this law; bishops can dispense their subjects in particular cases, as also can parish priests. This power of dispensing their parishioners in particular cases which custom gives to parish priests may be extended to such priests in England and the United States as have the cure of souls.²

2 The same work, p. 267.

4. The case. Caius, a young Catholic, made his living by photography. He asked his confessor whether he could develop on Sundays the photographs taken during the week. His confessor thought that this would be servile work, but he also thought that the young man should be dispensed from the law on account of his poverty. He doubted, however, whether he had power to dispense him, as he was only a curate or assistant priest on a mission.

The confessor judged rightly that developing photographs in the way of business is servile work, and forbidden on Sundays and holidays. However, if the young man belongs to the mission which he serves, the confessor may dispense him, as necessity is a sufficient cause. If the necessity were grave, it would excuse him from the law without a dispensation. ‘