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The minister and probable opinions about validity
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Slater, Manual of Moral Theology
Vol. II, Bk. II, Ch. III, Section I. The Attention and Intention of the Minister
Except in case of necessity the minister of a sacrament may not use probable opinions with reference to what belongs to the validity of the sacrament. As we saw when treating of the matter and form, it would be against the reverence due to the sacraments, against justice, and against charity, if the minister exposed the sacraments to the danger of nullity through following a merely probable opinion. He is bound to follow the safer opinion when he can do so in what relates to the validity of the sacraments. In questions, however, which only touch the lawfulness or the integrity of the sacraments, and when the Church supplies what is wanting in order that the sacrament may be valid, which she sometimes does, as we shall see later, there is no reason why the minister should not use probable opinions. The same doctrine applies also to the recipient of the sacraments.