Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume I › Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues › Treatise II. On the Cultivation of the Moral Virtues › Dissertation I. On the Precepts of the Decalogue › Part II. On the Second Precept of the Decalogue › Section III. On the Oath › Chapter II. On the Promissory Oath Specifically

Section — Wouters, Manual of Moral Theology

Scholion. On the Fictitious Oath

691.

I. Notion. A fictitious oath is an oath emitted merely externally, that is, without the intention of swearing. An oath of this kind is invalid (n. 682).

OathsThe Fictitious Oath

692.

II. Morality. 1. A fictitious oath is always illicit; for there is irreverence in the fact that God is invoked only externally, and therefore vainly. There is added proposition 25, condemned by Innocent XI,1 whose condemnation favors the stated opinion (St. Alphonsus, III, 172).

  1. A fictitious oath emitted in confirmation of what is false is a grave sin, because grave irreverence is present in the fact that God, even merely externally, is invoked as witness of what is false. But this obtains in an assertory oath when the asserted matter is false; in a promissory oath, when the will of fulfilling what was sworn is lacking (St. Alphonsus, cited place).

  2. A fictitious oath emitted in confirmation of what is true is quite probably of itself only a light sin, because grave irreverence does not appear in the fact that someone merely externally invokes God as witness of what is true. I said of itself; for it is a grave sin: 1. if the oath is commanded by legitimate authority, because authority commands a true oath; 2. if it is done with unjust and grave deception of one's neighbor (St. Alphonsus, cited place).

1 "With cause it is licit to swear without the intention of swearing, whether the matter is light or grave" (Denzinger-Bannwart, n. 1175).

OathsThe Fictitious Oath

693.

III. Obligation. A fictitious oath of itself does not oblige, because it is invalid; it can, however, oblige, and indeed under grave obligation, by accident, for example if one's neighbor is deceived with grave harm, if neglect of the thing sworn carries grave scandal with it, etc.

OathsThe Fictitious Oath

694.

IV. Things to be noted concerning oaths which are fictitious in appearance rather than in truth.

  1. A promissory oath emitted without the intention of fulfilling what was sworn is a true oath, but a mortal sin, which is called perjury; moreover it obliges, as being valid (St. Alphonsus, III, 172).

  2. A promissory oath emitted without the intention of obliging oneself seems to be a grave sin, because grave irreverence seems to be present in the fact that someone invokes God, and at the same time does not wish to be bound by His invoked authority.

OathsThe Fictitious Oath