Case 6. Probable Opinions in Penance

Caius, who devotes himself to the study of moral theology, is pressed by difficulties concerning the choice of opinions in the matter of the sacrament of Penance. For, an ardent follower of Probabilism in other matters, he gathers from the agreement of all the Doctors that it is not lawful to use a probable opinion while leaving aside the safer one when the validity of a sacrament is at issue. Nevertheless, approved authors everywhere in the matter of Penance seem to suppose that it is lawful to use a probable opinion in this Sacrament. For they adduce as probable the opinions that supernatural attrition from fear of temporal punishments suffices, that aggravating circumstances are not necessary matter of confession, nor doubtful sins, and other opinions of this kind according to which they seem to concede that a penitent may act; yet in these matters the validity of the sacrament is evidently at issue. To resolve these difficulties he asks:

1. Why is it not lawful to use a probable opinion when the validity of a sacrament is at issue?

2. When is the validity of the sacrament of Penance in fact at issue?

3. What is to be said of the difficulties of Caius?

1. Why is it not lawful to use a probable opinion when there is question of the validity of a sacrament?

When there is only a probability that a sacrament will be valid it is also probable that it will be invalid, and so it remains doubtful whether the sacrament will be validly administered. To perform a sacred rite instituted by Christ except in case of necessity with a probability that it has not all the requisites for validity is grossly wanting in reverence to Jesus Christ, who instituted it, and it is contrary to justice and charity for a minister of the sacraments to expose the faithful to the danger of not receiving a valid sacrament to which they have a right. 1

2. When in fact is there question of the validity of Penance?

There will be question of the validity of Penance when it is not certain that all the essential elements of the sacrament are present in the particular case. The essential elements of Penance are contrition, and formally integral confession on the part of the penitent, and on the other part, absolution given by a priest who has faculties. Sometimes when the priest has only probable jurisdiction the Church can supply and does so. Otherwise in this and in the other essential elements it will be unlawful to use only probable opinions about the validity of the sacrament except in case of necessity, when for the sake of the recipient’s salvation it is better to administer a sacrament that is only probably valid, rather than not administer it at all.

3. What about the difficulties of Caius?

Although there have been controversies as to whether attrition for sin on account of the punishments which God inflicts on the sinner in this life is sufficient as a disposition for absolution, these controversies are now practically 1 Manual of Moral Theology, vol. ii, 31.

settled, and the opinion that it is sufficient is no longer merely probable, but morally certain. Aggravating circumstances affect only the material integrity of confession, and in this and in similar questions we may use probable opinions, as there is no question of the validity of the sacrament. In the same way if there is other certain matter of the sacrament, doubtful sins only affect the material integrity of the confession.