Article — Vermeersch, Theologia Moralis
Article I: The Canonical Exposition of the Precept
— Object of the precept. 1. The ecclesiastical precept contains two parts, today distinct: abstinence and fasting.
- "The law of abstinence forbids one to eat flesh and broth from flesh, but not eggs, milk-products, and any condiments whatsoever, even from the fat of animals" (c. 1250).
Therefore the universal exclusion of non-fasting foods, which for a long time and through the whole of Lent had been in force, so that fasting foods were called Lenten foods, has been entirely removed.
Whatever, whether liquid or even not liquid, is used in a moderate quantity so that the more principal food may be rendered savory, has the character of a condiment.
Since any condiments whatsoever are permitted, even from the fat of animals, the so-called "margarine" is admitted; nor is one to ask about the origin of the so-called "gelatin" used, which is drawn from fish or from the bones of a calf. Lard is not admitted of itself except by way of condiment. But substances, such as "peptone," which in common use do not come under the name of flesh and do not have the taste of flesh, do not seem to be comprehended by the ecclesiastical prohibition of flesh.
What has the character of flesh must be defined not scientifically but by common estimation and custom. If use is lacking, the rule of St. Th., II-II, q. 147, art. 8, can be admitted, by which those terrestrial animals are judged prohibited by the law of abstinence which are accustomed to live for a long time outside water or which are filled with warm blood. As regards amphibians, Benedict XIV advises that one consider with which animals their flesh bears the greater likeness. In a probable doubt, one can answer for liberty. Moreover, by common acceptation, not only oysters, mussels, and squid are equated with fish, but also snails, tortoises, frogs, and locusts. Where custom favors it, coots or swimming birds of this kind are also tolerated on days of abstinence. Some also permit otters and beavers.
- "The law of fasting prescribes that only one meal be made in the day; but it does not forbid taking something of food in the morning and evening, provided, however, the approved custom of places concerning the quantity and quality of foods is observed" (c. 1251, §1).
"It is not forbidden to mix flesh and fish in the same refection, nor to exchange the evening refection with dinner" (c. 1251, §2). Therefore:
a) by today's law, drink, as such, does not break the fast.
b) one meal, or full refection during the day, is a substantial part of this law. This is not to be prolonged beyond about two hours, unless, as some permit from custom, after two hours only sweets or lighter foods are set out, and the small evening refection is then omitted. The same full refection cannot be morally interrupted, i.e., at least not notably beyond half an hour. Yet if someone, half-dined, has been compelled to depart because of business, he will return to table without penalty, even after several hours, from the benign sense of the Church, lest he pass the day without any full refection.
c) Now by formal law a morning morsel is permitted, besides the little evening supper.
Concerning the quantity and quality of foods, approved custom is said to be observed in the morsel and little supper.(1) As regards quantity, they agree sufficiently that in the morning two ounces can be taken, i.e., morally 60 grams (more accurately, 63). In this quantity one cup composed of coffee and rather thin "chocolate" does not seem to have to be computed.
In the evening, everywhere they permit 8 ounces, i.e., 250 grams; in certain regions of a colder climate and broader use (Belgium, Germany), two ounces, or 63 gr., seem able to be added. And each one can take as much as he needs in order to be able to observe the fast without notable inconvenience. Where a morsel of bread cooked with water is taken, several, with St. Alph., l. 3, n. 1029, deny that 250 grams of bread can be taken, as if some fermentation had occurred. But since there is no fermentation, nor are the quantity of foods increased by alteration in water, Genicot-Salsmans, I, 327, depart from this severity on account of a probable reason. Of itself one must look to usages.
On the day before the Nativity of the Lord, sweets or more delicate foods can be added to the evening collation, so that the quantity can be doubled.
Concerning quality a rather great variety of use is seen. In a few places eggs themselves are permitted; in more places at least milk-products are admitted; in others, for example in Italy, only fasting foods; in Spain, if you except one or another diocese of the northern part, fish themselves or little fish are prohibited. And because approved custom is confirmed, a stricter abstinence must therefore be observed in Italy and in many places by all in the morning and evening than in the principal refection, where eggs are always permitted. As is plain of itself, that quality must be attended to only by those who are bound by the law of fasting. Others, on days of fasting only, will be able even to take flesh in the evening.
d) The hour of the principal refection is understood to be around noon; but the exchange of the evening refection with dinner is expressly permitted by c. 1251, §2.
By the same paragraph the law by which Benedict XIV (Const. In suprema, 22 Aug. 1741) had prohibited the mixture of flesh with fish in the same meal is entirely abolished.
(1) That custom in this place designates received usages by which, differently in different places, there has been a departure from the rigor of Lenten observance, which, excepting Sundays, permitted only one refection, and, not excepting Sundays, admitted only fasting foods. Therefore, where there has been no received use concerning the quality of food, only fasting foods would be licit in the morning and evening.
— Days under the precept. 1. The law of abstinence alone now obliges only on individual Fridays (c. 1252, §1).
- "The law of abstinence and fasting is to be observed on Ash Wednesday, on Fridays and Saturdays of Lent, and on the Ember days, on the vigils of Pentecost, of the Mother of God assumed into heaven, of All Saints, and of the Nativity of the Lord" (c. 1252, §2).
It can be obtained rather easily that, in the time of Lent, Saturday abstinence can be transferred to Wednesday.
"The law of fasting alone is to be observed on all the remaining days of Lent" (c. 1252, §3). Yet Sundays are excepted. For:
"On Sundays or feasts of precept, the law of abstinence, or of abstinence and fasting, or of fasting only ceases, except a feast during the time of Lent; nor are vigils anticipated; likewise it ceases on Holy Saturday after noon" (c. 1252, §4).
Therefore, excepting the time of Lent, feasts of precept, whether from general law or from a particular statute, exclude the obligation both of abstinence and of fasting; but it is necessary that they actually be of precept, so that in regions where certain feasts have been suppressed, the law of abstinence or fasting is not touched by those feasts (cf. responses of the S. C. of the Council, 28 Aug. 1911 to the Archbishop of Mechlin, and 22 Nov. 1912 to Astorga).
By the new benefit of the Code, vigils, as regards fasting and abstinence, are no longer anticipated. Therefore the fast and abstinence of the vigil of the Nativity of the Lord and of the Assumption are suppressed in years in which those feasts occur on Monday.
The reasonable use of the third grace concerning Holy Saturday, entirely new, will be this: that on Holy Saturday, through the whole morning, you fast in the customary manner, so that you take only the morsel; but when noon has passed, i.e., after the twelfth hour has sounded, you can cease from the fast and abstinence begun. And if for some just cause you anticipate the refection, abstinence must be observed in it, which is prescribed on Saturdays of Lent.
— Subject of the law. "All who have completed the seventh year of age are bound by the law of abstinence; all from the completed twenty-first year of age to the beginning of the sixtieth are bound by the law of fasting" (c. 1254).
Therefore that strange privilege which some, without reason, wished to add for fifty-year-old women is rejected by the very silence of the Code.
— Dispensation from the law. Today, in the Code, under the common name of sacred times come both feast days and days of abstinence and fasting (c. 1243). But dispensation from them can be granted by the same persons whom we indicated where we treated of feasts to be observed (cc. 1245 and 514). Cf. n. 861.
Observe that the faculty is given of dispensing, but not of commuting. Therefore, for example, a pastor could not dispense from the quantity and at the same time enjoin that in the evening only those foods be used which are permitted to fasters, unless, as is said in n. 885, the very reason for the dispensation has to be completed. For the quality of foods to be observed in the evening and morning is part of the law of fasting; it is not a distinct law of abstinence from which he could dispense separately. From the law of abstinence Nuncios and Apostolic Delegates can also dispense by force of n. 10 of their faculties.
— Special rights. Contrary to what was said or insinuated concerning feasts, we are reminded by canon 1253 that by the canons concerning fasting and abstinence nothing is changed concerning indults, vows, constitutions, and rules of physical or moral persons.
This seems to us to be the sense of that canon: that all things which have been expressly sanctioned in these indults and vows remain intact as regards the substance of observance; but as regards the manner, unless something else is expressly defined, the present discipline is to be observed. For those who vowed fasting, if they wished to add nothing, referred themselves to present usages in such a way that they tacitly admitted variations of discipline. Wherefore the vow of fasting alone will no longer contain abstinence; nor will a vow of abstinence exclude eggs; nor will a vigil be anticipated. Wherefore rightly, in the year 1920, in Rome, the votive fast of the vigil of the Purification of the B. V. M. did not take place. Yet if the one vowing formally or virtually intended to vow fasting with abstinence, he will be held by both obligations. Ferreres also rightly says, Theol. mor., I, 596 and II, 1370, that the fast which by the Bull of the Crusade is to be observed on the Saturday before the day of the Nativity of the Lord is suppressed in a year in which that day of the Nativity falls on Monday.