Scholion. On Correcting Defects of Ordinations

I. Obligation of correcting defects. Commonly there is an obligation of correcting defects: 1. if the ordination was doubtfully valid, in other words, if the defect concerned something certainly or probably essential; 2. if it concerned something accidental which is of the greatest moment. I said commonly; for after receiving a higher Order there is no obligation of correcting defects, even essential ones, admitted in the conferral of lower Orders. The reason is that one who receives a higher Order is considered eminently to receive the lower ones. Nevertheless: 1. a doubtfully valid ordination to the Diaconate, as being an Order of greater moment and a sacrament, seems to have to be convalidated even after the Presbyterate has been received; since the Holy Office¹ resolved that ordination to the Diaconate had to be repeated with respect to a priest whose head the Bishop, while conferring the Diaconate, had not physically touched. 2. Likewise a doubtfully valid ordination to the Presbyterate must be repeated even after the Episcopate has been received; both because the Presbyterate is an Order of the greatest moment and a sacrament, and because it is very doubtful whether the Episcopate contains the Presbyterate, indeed whether the Episcopate is validly conferred on one who is not a priest (St. Alphonsus, VI, 793).²

II. Manner of correcting defects. 1. If the defect concerned something certainly or probably essential, commonly the whole ordination must be reiterated. I said commonly, because there are exceptions, for example if in the ordination of a presbyter the last imposition was omitted; in that case it suffices to supply it, as we shall immediately explain.

2. If the defect concerned something accidental, there is no obligation of supplying it, unless it concerns an accidental element of very great moment. In this matter such an element is judged to be the anointing of the hands; but not the imposition of the hand of the presbyters. Nor is there sufficient certainty about others. Besides, from the response of the Holy Office: nothing is to be supplied if in place of the oil of catechumens the oil of Holy Chrism was used (St. Alphonsus, VI, 758).

¹ January 20, 1875 (Collectio, n. 1431).

² Besides, canon 1004 is to be observed: If someone, already promoted to some orders in an eastern rite, has obtained from the Apostolic See an indult of receiving higher orders in the Latin rite, he must first receive in the Latin rite the orders which he did not receive in the eastern rite.

Corollary I. The whole ordination must be repeated: 1. if in the ordination of a Deacon or Presbyter the first imposition was omitted; 2. if in it physical contact did not take place;¹ 3. if the second imposition of hands was omitted by the Bishop, that is, the one which follows the first, in which nothing is said;² 4. if the handing over of the instruments was omitted, or the respective words were not added or were substantially corrupted;³ 5. if the chalice was handed over without wine or the paten without the host;⁴ 6. if it is doubted whether the ordinand physically touched the instruments or one of those instruments whose touch, according to what was said on p. 456, is regarded as necessary with some probability.

Corollary II. It suffices to supply the defect if in the ordination of a Presbyter the third imposition of hands was omitted, or if the form corresponding to that imposition was essentially corrupted.⁵

Corollary III. Nothing is to be repeated: 1. if the Bishop after the first imposition, duly performed, "did not hold his hands extended over the ordained person also through the interval which intervenes between the first and second imposition of hands";⁶ 2. "if the Bishop, after physical touch of the heads of the ordinands, had his hand extended over the ordinands at least immediately before the recitation of 'Let us pray,'" etc.⁷

¹ July 22, 1874 (Collectio, n. 1421).

² Holy Office, July 4, 1900 (Collectio, n. 2086); May 7, 1902 (Collectio, n. 2140).

³ Holy Office, November 30, 1898; cf. response of the Holy Office, July 19, 1899 (Collectio, n. 2058).

⁴ Holy Office, June 20, 1886; September 1, 1892; July 6, 1898 (Collectio, n. 2008); January 11, 1899 (Collectio, n. 2032).

⁵ Sacred Congregation of Rites, May 22, 1841, n. 2836; Holy Office, March 4, 1874.

⁶ Sacred Congregation of Rites, June 14, 1893, n. 3307.

⁷ Holy Office, September 12, 1877 (Collectio, n. 1482); November 30, 1898.

III. Time for correcting defects. "As often as an ordination must be repeated or some rite supplied, whether absolutely or conditionally, this can be done even outside the times and secretly" (canon 1007).

Note 1. "Even if someone could rest in the first ordination on account of some opinion considered morally certain, nevertheless he will not sin if, while the opposite opinion of others stands for the nullity of the sacrament, he is ordained again conditionally for greater peace of soul; and the Bishop also can licitly do this for his benefit. And the reason seems to be that anxiety itself about the doubt, provided it is vehement, is a just cause for repeating ordination conditionally" (St. Alphonsus, VI, 751). Nevertheless one must beware of scruples, which easily creep in; that is, the anxious and agitated ordinand, after such a great series of actions, easily doubts whether he duly performed something. But ordinarily doubts of this kind should be rejected at once, and to this end it should be considered that both the Bishop and the ministers carefully attend lest anything be omitted either by the one ordaining or by the one being ordained, especially from those things which perhaps are required for validity.

Note 2. If some doubt arises about the validity of an ordination, recourse must be had to the Sacred Congregation of the Sacraments, which, if the doubt is connected with dogmatic doctrine, will remit the matter to the Holy Office. Religious should approach the Sacred Congregation of Religious, which will have recourse to the Sacred Congregation of the Sacraments. If the discussion concerns a case of conscience, the Sacred Penitentiary should be approached.