Article VI. On Confession of Baptized Non-Catholics

We are speaking of baptized non-Catholics who are in good faith, or at least are not certainly in bad faith. Now:

I. Outside danger of death, baptized non-Catholics cannot licitly be absolved. "It is forbidden," thus canon 731, § 2, "to minister the Sacraments of the Church to heretics or schismatics, even those erring in good faith and asking for them, unless first, having rejected their errors, they have been reconciled to the Church."

II. In danger of death. We distinguish between non-Catholics who admit confession and those who reject it.

1. Those who admit confession, as for example schismatics, can be absolved as follows:

a) If they are already deprived of the senses, they can be absolved, according to this response of the Holy Office:¹ "Whether absolution and extreme unction can be conferred on schismatics at the point of death when deprived of the senses? Response: under condition, affirmatively, especially if from the circumstances it may be lawful to conjecture that they at least implicitly reject their errors, scandal nevertheless being effectively removed, namely by making manifest to those standing by that the Church supposes that they returned to unity at the last moment."

b) If they are not deprived of the senses, of themselves they cannot be absolved, because of themselves they must first be taught revealed doctrine and fulfill the obligation of embracing it. Added to this is canon 731, § 2, cited above. They seem, however, scandal being removed, to be able to be absolved as if incidentally, whether, after warning has been given, they are judged to persevere in error in good faith, or whether they are not warned, lest perhaps they be deprived of good faith. For first, it is in no way clear what from the nature of the matter stands in the way of the defended opinion. But a merely positive prohibition, where the salvation of a person placed in danger of death is at issue, should not easily be admitted. Then the Holy Office², to the question "Whether material schismatics who are in good faith can ever be absolved," the Holy Office, I say, responded to that question: "Since scandal cannot be avoided: negatively; except in danger of death; and then, scandal having been effectively removed."

Objection 1. Canon 731, § 2 absolutely forbids administering the sacraments to schismatics unless first, having rejected their errors, they have been reconciled to the Church; therefore neither in danger of death is it licit.

Response. A priori it is difficult to admit that the canon cannot be combined with the response of the Holy Office. And in fact the canon can well be understood in such a way that it establishes what ought of itself to be done, which does not prevent departure from the rule on account of a very grave cause; and such a cause is certainly present in the case posited.

Objection 2. The Holy Office, on May 17, 1916, to question II, "Whether the sacraments of either absolution or extreme unction can be conferred on material schismatics placed at the point of death, asking for them in good faith, without abjuration of errors," responded: "Negatively, but it is required that, in the best manner possible, they reject their errors and make a profession of faith."³ Therefore schismatics, at least before they are deprived of the senses, cannot be absolved.

Response. Again, a priori it is difficult to admit that this response cannot be combined with the response of July 20, 1898. And indeed the response can be understood in such a way that schismatics of themselves cannot be absolved unless they reject their errors and make a profession of faith. Indeed the Holy Office, by adding that these things are to be performed "in the best manner possible," perhaps hints that an explicit rejection of errors and profession of faith is not always to be urged.

2. Those who reject confession should not be absolved. Nevertheless, I would not condemn one who conditionally absolves them after they have been incited to penance, according to what was said in n. 41; yet proceed prudently, and especially endeavor to bring them to perfect contrition.

Corollary I. In doubt whether a dying non-Catholic, deprived of the senses, admits confession, he can be absolved under condition.

Corollary II. One who assists a dying non-Catholic should not omit to bring him to perfect contrition and to an act of charity with the other preliminary acts, so that he may be saved more securely.

¹ May 17, 1916, to 2 (in Theol.-prakt. Quartalschrift, 1916, p. 692-695).

² July 20, 1898 (Collectanea, n. 2012).

³ In Theol.-prakt. Quartalschrift, 1916, p. 692-695.