Repetition of Baptism

131. Culpable, absolute, and public repetition of baptism induces irregularity.¹

1. Repetition of baptism: for from the repetition of other non-repeatable sacraments, namely confirmation and order, no irregularity is incurred, because none is expressed in law.

2. Culpable: for where there is no fault, irregularity from delict is not incurred; therefore one who rebaptizes from ignorance either of law, namely that repetition of baptism is prohibited, or of fact, namely that baptism had already been conferred, does not become irregular.

3. Absolute: for the words of penal law are of strict interpretation; but one who does not baptize absolutely is not strictly said to baptize. Therefore one who rebaptizes under condition does not become irregular, even if he sins gravely, namely if rashly and without due investigation concerning the validity of the first baptism he baptizes again.

With Benedict XIV, authors commonly affirm that he becomes irregular who rebaptizes under condition where there is no reason for doubting the validity of the first baptism.² But the opinion denying irregularity in this case is probable, because this irregularity was established against the error of those rebaptizing; but by the condition added that error is excluded.³

4. Public,⁴ so that concerning each baptism, the conferral and the repetition, it is publicly established.

There are those who, for contracting irregularity from the crime of rebaptism, demand that the second baptism be solemn;⁵ nevertheless the text of law only says that it must be public. But in order that the repetition of baptism be public, it is required that each baptism be public.⁶

Note. This irregularity is not perfect, since according to the probable opinion of several authors it prohibits only the reception of further orders, but not likewise the exercise of orders received.⁷

¹ C. Confirmandum 65. dist. 50.

² De synodo l. 7. c. 6. n. 3.

³ Gasparri I. n. 329. D'Annibale, Summula I. n. 410.

⁴ C. Ex litterarum 2 De apostatis et reiterant. bap. (V. 9).

⁵ Salmanticenses tr. 10. c. 8. n. 60. 64. and St. Alphonsus n. 356.

⁶ Gasparri I. n. 324. D'Annibale, Summula I. n. 410.

⁷ Busembaum apud St. Alphonsus l. 6. n. 356. Lehmkuhl, Theol. m. II. n. 1006.

132. Persons who contract irregularity are: the one rebaptizing, those ministering to him from office, and those rebaptized.

1. The one rebaptizing and those ministering to him incur only partial irregularity, namely one impeding ascent to higher orders, but not the use of orders received; but the rebaptized person contracts total irregularity.

2. Only those ministers become irregular who minister from office, namely clerics; wherefore parents, sponsors, and any others who cooperate in the repetition of baptism do not become irregular.

3. In order that the rebaptized incur irregularity, they must be knowingly rebaptized: for where sin is not committed, penalty is not incurred. Wherefore only adults, but not infants who have been rebaptized, become irregular.

Irregularity is incurred not only from repetition, but also from unworthy reception of baptism, namely where an adult receives baptism from a declared heretic outside the case of necessity; but infants baptized by heretics in a heretical sect are not irregular.¹

¹ C. Placuit 3 and C. Qui apud 4. c. 1. q. 4.

Can or must baptism ever be repeated? - It can and must be repeated conditionally whenever there is some not-to-be-despised doubt concerning its validity; otherwise it cannot be repeated without grave sin, because an attempt to minister a sacrament to an incapable subject is sacrilege. L. 134; A. S. v. 25, p. 258; Roman Ritual, de Bapt. adult.; E. M.

I. Baptism can and must be repeated under condition whenever there is some positive, serious, and prudent doubt, not to be despised, concerning its validity, founded on reasons of some gravity, not on scruples; e.g., as always happens when Baptism has been conferred in the uterus, the head not yet having been emitted (can. 746, § 2 and 5). Otherwise it cannot be repeated without grave sin. For in the first case the law of charity of procuring eternal salvation prevails over the law of religion which forbids exposing the sacrament to nullity; in the second case it is sacrilege to administer the sacrament to one incapable.

Because of the practical importance of the matter in the sacred ministry, it may be pleasing to apply these principles not only to Baptism administered by a lay person in necessity from an embryological event or because of another danger, but, so that they may be more fully manifest, universally to all the various other cases which occur.

II. According to the principles enunciated, of themselves children baptized by midwives, physicians, or the faithful are not to be rebaptized; but in practice they are rather often to be rebaptized, because some suspicion is generally present, unless the testimony of the baptizer is confirmed by the testimony of educated witnesses, even of one wholly trustworthy witness, or unless the baptizer himself is wholly trustworthy. Therefore, where a wholly serious person, even a mere midwife, who is trustworthy, circumspect, and instructed in the rite of baptizing, asserts that the infant was rightly baptized by her, there would not be reason for serious doubt about the validity of Baptism; nevertheless trust is not easily to be given to the declarations of midwives, because they do not dare confess that they baptized badly lest they lose the confidence of the parents, or because, on account of agitation, or sometimes also of drunkenness, they were not in possession of themselves at that moment.

An examination is to be instituted concerning such Baptism, unless someone is certain that he cannot arrive at certitude, or knows that the manner of acting of the baptizer is doubtful, or the parish priest who examined the matter, or another trustworthy person, testifies that the Baptisms conferred are to be held doubtful, etc. In this examination one must ask:

a) who baptized and in what circumstances; for if Baptism was conferred by a person who is accustomed to be anxious, disturbed, and perplexed, or if Baptism was conferred by a prudent person but in more difficult circumstances, in which, because of the danger of a sudden case, all things had to be done hastily and in disturbance, there is more easily room for doubting;

b) what form he pronounced, and whether he pronounced it vocally, and not only in the mind;

c) what water and how much water he poured out, and where;

d) whether he at the same time uttered the form and washed;

e) what intention he had.¹

¹ The examination will be chiefly about the matter and form, because a right intention is presumed, unless there is a special reason for doubting.

III. Exposed children are to be baptized under condition, even if a note is attached attesting their Baptism, unless certain knowledge is had of the person by whom the note was written, or unless it indicates who baptized. Whence can. 749: "Exposed and found infants, unless, the matter having been diligently investigated, their Baptism is established, are to be baptized under condition."

IV. One who was educated among Christians and does not have testimony of Baptism, written or oral, generally can be judged and is presumed baptized in a region where all are altogether baptized. If nevertheless serious doubt, from positive indications, arises because of some circumstance, e.g., because the parents, indifferent or negligent, or wandering, or altogether disturbed, led their life at the time of birth, etc., let him be baptized under condition.

V. An examination is to be instituted, the bishop having been consulted, concerning Baptism conferred by a heretic or schismatic.

But if:

1. it has been judged valid, it is not renewed, but the abjuration or profession of faith is received before two witnesses, and absolution from censures in the external forum is given by the bishop or by a cleric specially delegated for this, and the sacrament of Penance is administered.

2. If Baptism has been invalid, let it be conferred again absolutely,² and no abjuration is made, nor is confession made, nor is absolution given.

² Thus in order to reception into the Church; for as Noldin notes, Th. M., III, n. 75, in the case of a mixed marriage Baptism is not repeated under condition if someone would wish to remain in heresy: for in order to marriage certitude concerning the validity of the Baptism received is not required (S. Off., 13 Apr. 1878).

3. If Baptism is doubtful, or if no inquiry can be instituted or nothing can be learned concerning the validity of the sacrament, it is to be presumed doubtful and repeated under condition (S. Off., 20 Nov. 1878). In this case this order is to be observed:

a) abjuration or profession of faith, with absolution from censures in the external forum, for those of puberty;

b) hearing of sins, and excitation to contrition;

c) conditional Baptism;

d) confession summarily repeated and conditional absolution (Instr. S. Off., 20 Jul. 1859 and 2 Dec. 1874).

VI. Epilogue. These are the most certain principles and safest safeguards which our mother, the Church, places before the eyes of ministers of the sacraments and inculcates. In the course of the ages, as vindicator of morality and justice, she has protected human life; but much more, indefectibly, as the best mother, has she shown herself solicitous for the eternal life of men. Mindful of her doctrine, and relying upon salutary principles, priests will labor, as much as is theirs, watchful over the salvation even of every smallest creature of God, for the building up of the body of Christ and the flowering of the kingdom of God.

164. Principles. - Baptism can and must be repeated under condition whenever there is some positive, serious, prudent, and not-to-be-despised doubt concerning its value: namely a doubt founded not in mere scruples but in reasons of some gravity, as always happens when Baptism was conferred in the womb while the head had not yet been put forth (can. 746, § 5); - but if positive and serious doubt is lacking, Baptism cannot be repeated without grave sin.

For in the first case the law of charity of procuring eternal salvation prevails over the law of religion which forbids exposing a sacrament to nullity; in the other case, to minister a sacrament to one incapable is sacrilege.

Because of the practical importance of these principles in sacred ministry, it is pleasing to apply them to various cases which occur.

165. Children baptized by midwives, physicians, or laypersons are not of themselves and indiscriminately to be rebaptized; - and in practice, because generally some suspicion is present, they are more often to be rebaptized, unless the testimony of the baptizer is confirmed by the testimony of educated witnesses, even of one worthy of faith, or unless he himself is wholly worthy of faith.

Therefore, where an altogether serious person, even a mere midwife, who is worthy of faith, circumspect, and instructed in the rite of baptizing, should assert that an infant was duly baptized by her, there would be no reason why doubt should seriously arise concerning the value of Baptism; yet confidence is not easily to be given to declarations of midwives, because often they do not dare to confess that they baptized badly, lest they lose the confidence of the parents, or because, on account of agitation or sometimes even of drunkenness, they were not self-possessed at that moment.

An examination is to be instituted concerning such Baptism, unless someone is certain that he cannot arrive at certitude, or knows that the mode of acting of the baptizer is doubtful, or the pastor who examined the matter or another person worthy of faith testifies that the Baptisms conferred are to be held doubtful, etc. Let the examination be instituted according to the norm indicated above, n. 141, 3.

166. Exposed children are to be baptized under condition, even if a little note is attached attesting their Baptism, unless certain notice is had of the person by whom the note was written, or unless it indicates who baptized. Whence can. 749: "Exposed and found infants, unless after diligent investigation concerning their Baptism it is established, are to be baptized under condition."

167. One who, educated among Christians, lacks written or oral testimony of Baptism can be considered and is presumed baptized in a region where absolutely all are baptized.

Yet if serious doubt should arise, from positive indications, on account of some circumstance, for example because the parents were indifferent or negligent, or led a wandering or altogether disturbed life at the time of birth, etc., let him be baptized under condition.

168. Baptism conferred by a heretic or schismatic is to be subjected to examination; which examination is to be instituted in individual cases, after consulting the bishop.

1. If Baptism has been judged valid, it is not renewed; but abjuration or profession of faith is received before two witnesses, and besides, for those who have reached puberty, absolution from censures in the external forum is given by the bishop or by a cleric specially delegated for this, and the sacrament of Penance is administered.

2. If Baptism was invalid, it is again conferred absolutely,¹ and no abjuration is made, nor is confession made, nor is absolution given.

¹ This is to be understood in order to reception into the Church; for in the case of mixed marriage Baptism is not repeated under condition if someone wished to remain in heresy: for in order to marriage, certitude concerning the value of Baptism received is not required (Holy Office, April 13, 1878).

3. If Baptism is doubtful, or if no inquiry can be instituted, or nothing can be found out concerning the value of the sacrament, it is to be presumed doubtful and repeated under condition (Holy Office, November 20, 1878).

In which case this order is to be observed:

1. abjuration or profession of faith, with absolution from censures in the external forum (for those who have reached puberty);

2. more fittingly then, hearing of sins and excitation to contrition;

3. conditional Baptism;

4. confession of sins, which, if it was made before Baptism, is to be repeated summarily, and conditional absolution.

Thus conformably to the Instruction of the Holy Office, July 20, 1859 and December 2, 1874.