Case 15. An Unfortunate Mother

Peter, a missionary priest, was called to a woman committed to his care who was said to be dying. He met a physician, a friend and a Catholic, who had been called to the same woman. From him Peter heard that the woman, whose husband had been with the army in southern Africa for a year, had become pregnant through sin and had procured an abortion upon herself not without grave danger to her life. Approaching the dying woman, Peter warned her of her dangerous condition and persuaded her to prepare for death. When, however, she said nothing in confession about the adultery or the abortion, although she spontaneously admitted that she had not confessed within the past year, Peter asked whether she had anything else that troubled her conscience, to which she replied, “No, nothing else.” Peter did not know what was to be done in the case, especially since homicide was among the cases reserved by the Bishop in the diocese. Hence it is asked:

1. What penalty is established against those who procure abortion, and does a mother who procures an abortion upon herself incur it?

2. When homicide is reserved by the Bishop, is abortion considered to be comprehended?

3. What is to be done by a confessor when a penitent in confession denies a sin committed by that penitent?

4. What is to be said of the case?

1. What spiritual penalty is annexed to the crime of procuring abortion, and does a mother who commits the crime incur the penalty?

By the Constitution Apostolicae Sedis of Pius IX, those who procure abortion are excommunicated. The absolution of the censure is reserved to the bishops. St. Alphonsus (III, 395) teaches that a probable opinion excuses mothers from the penalty of excommunication inflicted by Sixtus V on those who procure abortion. According to many recent theologians this opinion remains probable with respect to the Constitution Apostolicae Sedis of Pius IX, since the object of Pius IX was to limit the number of censures, not to increase it.¹

1 Lehmkuhl, II, 1247, eleventh edition.

2. When homicide is reserved by a bishop, is abortion comprehended in the term?

Not usually; in many of the pagellae of the bishops who reserve homicide, abortion is specially excepted, and even if it is not expressly excepted it may be understood as tacitly excepted, because it is a crime with its own special penalties inflicted by the Holy See.

3. What should a confessor do when a penitent denies that he has committed a sin which nevertheless the confessor thinks that he has committed?

The confessor should ask him whether there is not something more, and exhort him to make a full and sincere confession without fear. If the penitent still denies that there is anything more, the confessor should ordinarily absolve him. For ordinarily the confessor may and should believe the penitent both against and for himself. If it is evident to the confessor that the penitent is lying and making a bad confession, he should of course not absolve him, but occasions when he can be sure of this will be rare.¹

1 Bucceroni, Theol. Moral., vol. ii, 824.

4. The case. After exhorting the woman to make a full confession without fear, and asking her again whether there is anything else on her conscience, as for example, against the sixth commandment, if she persists in her denial, Peter should absolve her. It might possibly be that she had not committed either formal adultery or abortion, or even if she had committed those crimes there might be some reason subjectively sufficient to excuse her from confessing them to Peter. As she is in danger of death, and all reservation ceases in such a case, even if abortion were comprehended under homicide and reserved, Peter could absolve her without recurring to the bishop.