Part I. On Abstinence and Fasting

(St. Thomas, II-II, qq. 146-147; St. Alphonsus, Theologia Moralis, book III, nn. 1004-1050; Homo Apostolicus, tract 12, nn. 2-34.)

From history it is established that the law of abstinence and fasting is merely ecclesiastical; likewise, that the said law was introduced by custom rather than by law properly so called. From this it follows that it must be explained especially by custom. Having noted these things, receive the law of abstinence and fasting as it has now also been established by written law.

I. The law of abstinence alone is to be observed on each Friday (can. 1252, § 1).

II. The law of abstinence and fasting together is to be observed on Ash Wednesday, on the Fridays and Saturdays of Lent and of 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 (can. 1252, § 2).¹

III. The law of fasting alone is to be observed on all the remaining days of Lent (can. 1252, § 3).

IV. On Sundays or feasts of precept the law of abstinence, or of abstinence and fasting, or of fasting alone ceases, except on a feast during the time of Lent, nor are vigils anticipated; likewise, it ceases on Holy Saturday after midday (can. 1252, § 4). Moreover:

1. In view of can. 6, 6°, the following have been abrogated: 1° the law of abstinence on Saturdays outside Lent and the Ember Days;² 2° the law of fasting and abstinence on Wednesdays and Fridays of Advent, outside the Ember Days.³

2. The law of fasting persists if the feast of St. Joseph (19 March) falls on Monday, Tuesday, Wednesday, or Thursday of Lent; the law of fasting and abstinence persists if it falls on Friday or Saturday.⁴

3. If some feast day to be observed under precept in the universal Church has been suppressed in some region, the law of abstinence persists;⁵ it likewise persists, if in some region or diocese a habitual dispensation has been granted by the Holy See, say for five years, from a feast day not suppressed; because the foundation of cessation falls away.

4. If some feast day which has a fast attached on the vigil falls on Monday, the fast ceases, so that it no longer has to be anticipated on the preceding Saturday, without prejudice, however, to particular law.⁶

Having noted these things concerning the time at which the laws mentioned oblige, we shall set forth each law distinctly.

¹ By force of an Apostolic Indult, the law of abstinence in the dioceses of Belgium is to be observed not on Saturday, except for the Ember Days, but on Wednesday and Friday through the time of Lent.

² Although it is not altogether established that the said law was universal in the full sense, nevertheless certainly in the places where it was in force it bound after the manner of a universal law, so that even travelers in those places were bound by it (S. Off., 10 June 1855). Hence can. 6, 6°, which speaks about universal laws, should be applied to it.

³ This law also possessed a universal character, both because it was once universal, and because, having fallen into desuetude, it was introduced anew by Clement XIV in many regions in place of a universal law, namely that of the abrogated Vigils (Brief Paterna caritate, 1771).

⁴ P. C., 24 Nov. 1920 (A. A. S. 1920, p. 573).

⁵ P. C., 17 Feb. 1918 (A. A. S. 1918, p. 170).

⁶ P. C., 24 Nov. 1920 (A. A. S. 1920, p. 573).