Article IV. On Dispensation

I. Notion. Dispensation of a vow is "the absolute condonation of the obligation of a vow, made in the name of God" (St. Alphonsus, III, 250). It is said made in the name of God, because the Church, in dispensing in vows, does not condone her own right, but God's; this she cannot do except in the name of God. The difference between irritation and dispensation consists especially in this, that one irritating acts in his own name, whereas one dispensing acts as taking the place of God and therefore as using vicarious power.

II. The existence of the power. That the Church can dispense in vows is clear from the tradition and perpetual practice of the Church. It is supported by these words of Christ: "Whatever you shall loose upon earth shall be loosed also in heaven";¹ likewise by reason, insofar as it is permissible to judge that a power so useful and almost necessary was granted by Christ to His Church.

¹ Matt. 16:19.

III. The extent of the power. The faculty of dispensing in vows, which belongs to the Church, extends to all vows, solemn as well as simple, public as well as private. Exceptions are those which were emitted for the benefit of a third party, as follows:

1. If the promise made to God, or the vow, is principally intended, the promise made to man follows the condition of the vow, and with the vow dissolved the promise falls.

2. If the promise made to man is principally intended, the vow follows the condition of the promise, and cannot be remitted unless the third party acquiesces. Likewise, if each promise is equally principally intended, the vow cannot be remitted without the consent of the third party. Except in each case if it is a question of the right of a third party which is subject to the supreme administration of the Supreme Pontiff, and therefore can be remitted by him even without the consent of the third party; as if a vow was emitted in favor of a religious institute (St. Alphonsus, II, 255; Homo Apostolicus, tr. 5, nn. 19, 41).

IV. The subject of the power is the Supreme Pontiff and those to whom the Church has communicated it. Moreover:

1. The Pope can dispense all the faithful from all vows to which, according to what was said under III, the power of dispensing, such as it is in the Church, extends.

2. From can. 1313, non-reserved vows can be dispensed for a just cause, provided the dispensation does not harm a right acquired by others:

a) The local Ordinary, as regards all his subjects and also travelers. Thus can. 1313, 1°: understand subjects wherever they dwell; travelers and those without domicile actually staying in his territory (can. 94, § 2; 201, § 3).

b) The Superior of an exempt clerical religion, as regards professed members, novices, or others living day and night in the religious house for the sake of service, education, hospitality, or infirm health.

c) Those to whom the Apostolic See has delegated the power of dispensing. Now regular confessors probably can, by delegated power, dispense in all vows and oaths of the faithful in which Bishops can do this by ordinary power, and indeed both within and outside confession. They probably enjoy this power by force of a privilege which, under the old law, probably belonged to them, and which probably has not been revoked. Hence at least the Church supplies (cf. St. Alphonsus, III, 256, 257).

Note 1. If the forum for which the power was given has not been expressed, the power is understood to have been granted for both forums (can. 202, § 3).

Note 2. Since dispensation is an act of voluntary jurisdiction, one who has the power of dispensing or commuting can use it even for himself (can. 201, § 3). Nevertheless no one can irritate his own vow.

V. The use of the power. 1. Dispensation in vows, in order to be valid, requires a just cause (can. 1313). The reason is that it contains the remission of another's right, that is, God's, who cannot be judged to have granted the faculty of remitting His right without cause (St. Alphonsus, III, 250). Dispensation given without cause is not valid, even if it was given in good faith; but dispensation granted with a just cause is valid, even if it was granted in bad faith (St. Alphonsus, III, 251).

2. Just causes are judged to be: 1. the common good, for example of the Church, the republic, or the family, or the greater progress of the one vowing; 2. danger of transgression, or at least notable difficulty, even if foreseen, or vexation by scruples in observing the vow; 3. lesser deliberation in vowing, as if the vow was emitted with too much facility, from fear, from anger, from sorrow, or in the time of prepuberty (St. Alphonsus, III, 250, 252, 253; cf. St. Thomas, In IV Sent., dist. 38, q. 1, a. 4, sol. 1, corp.).²

3. If the cause does not suffice, some commutation should be added. The same should be done in doubt whether the cause suffices; but the subject, once the matter has been sincerely set forth, should acquiesce in the one dispensing. Likewise, when a doubt has arisen after the dispensation was given, one can acquiesce in the dispensation; both because "then there is a presumption for the validity of the dispensation; and because... it would be a thing too exposed to scruples if men, after obtaining a dispensation, were bound to inquire about its validity" (St. Alphonsus, III, 251, 254).

¹ Cf. Damen, De irritatione et suspensione votorum.

² Cf. Innocent III, cap. Magnae, de voto, etc.