Spiritual relationship from Baptism

602. Nature of the Impediment. 1. The impediment of spiritual relationship consists in this, that between persons who have contracted relationship from the conferral and reception of baptism, valid matrimony cannot be entered.

Spiritual relationship is the nearness of persons arising from spiritual regeneration in the sacrament of baptism. Since spiritual regeneration has a likeness with natural generation, those who have parts in it, the minister and sponsor, are considered as spiritual parents, to whom reverence is owed by spiritual children. But if spiritual relationship were a diriment impediment by natural law, reverence owed to spiritual parents would dirimently impede matrimony, as reverence owed to consanguineous persons dirimently impedes it.

2. This impediment is of merely ecclesiastical law: for it cannot be of natural law, because it arises from the conferral and reception of a sacrament; nor is it of divine law, because no argument of the divine will can be brought forward. Wherefore dispensation can be granted in this impediment, and indeed from any reasonable cause, since it is of lesser grade.

603. Declaration. 1. Only that spiritual relationship invalidates matrimony which intervenes:

a. between the baptized person and the baptizer;

b. between the baptized person and the sponsor.¹

From confirmation indeed spiritual relationship arises, but no impediment of matrimony. The reason for this seems to be the following. Relationship arises because the sponsor, by force of relationship, must take care for the Christian education of his spiritual child. But since the confirmed person and the sponsor must be of the same sex, the relationship intervening between them does not have an effect invalidating matrimony.

a. Spiritual relationship, which by the old law was extended much more widely, was restricted by the Council of Trent² and by the new Code is confined even more, so that it intervenes only a. between the baptized person and the baptizer; b. between the baptized person and the sponsor.

b. Spiritual relationship arises from solemn and private baptism.³

2. In order that spiritual relationship arise, it is required that the sacrament be conferred validly, and on the part of the sponsor, that he or she acted as sponsor validly, although illicitly.

a. One who exercises the office of sponsor through a proxy contracts the relationship himself, not the proxy.⁴

b. If an infidel baptizes the child of a faithful man, he himself does not contract spiritual relationship, because the infidel is incapable of it. But relationship cannot arise from one side only, since it is a relation which by its nature is between two. Hence if a civil sponsor receives baptism, no spiritual relationship exists.

3. Multiple spiritual relationship, which formerly could intervene in some cases, now scarcely ever exists. The one case which could be imagined is this: namely, if the same person were the baptizer and the sponsor, who exercised the office of sponsor through a proxy, a double spiritual relationship would be present between the baptized person and the baptizer. It was long ago declared that spiritual relationship is not multiplied if someone holds several children of the same parents in the same sacrament.⁵

4. If baptism is repeated under condition, spiritual relationship is not contracted unless the same sponsor was employed in each baptism. Therefore neither the sponsor who was present at the former nor the sponsor who was present at the later baptism contracts it.⁶

¹ Cn. 1079 and Cn. 768.

² Sess. 24, c. 2, De reform. matr.

³ Cf. Cn. 762, 2.

⁴ S. C. C., June 11, 1881.

⁵ Lacroix, l. 6, pr. 1, 368 s. Sanchez, l. 7, disp. 60.

⁶ S. Office, April 29, 1894. Cn. 763, 2.

Spiritual relationship arises by ecclesiastical law from the administration of Baptism and Confirmation, but only that which arises from Baptism is a diriment impediment of marriage (Can. 1079). According to modern discipline, it annuls marriage between the minister of the sacrament and the recipient, and also between the sponsors and the recipient. As it has its origin in ecclesiastical law, it does not affect those who are not baptized, and the impediment is doubtful and consequently non-existent when Baptism is doubtful or only probable. The impediment, as far as it affects sponsors, does not arise if Baptism was administered privately without sponsors and afterward the ceremonies with sponsors are supplied in the Church.

"By the words of the Ritual, the sponsor holding the infant, absolute taking up is by no means required, since to hold is equally understood and it suffices if the Sponsor, as is customary, joins himself with the infant by physical contact, together with the one in whose hands he is held, and accompanies the carrier to the infusion of the water, without there being need that the Sponsor or the Sponsor-woman only, with the carrier removed, receiving the infant into his or her own hands, present him to the Priest to be baptized." S. C. de P. F. 21 Jan. 1856.

Spiritual relationship is not contracted by the procurator but by the mandator. S. C. C. 20 Apr. 1586; 15 March 1631; 15 Sept. 1721; 11 June 1881. Cf. Acta S. Sed. Vol. 14, p. 411 ff.

"Whether the disposition of the Council of Trent, sess. 24, ch. 2, de R. M., decreeing that in the Sacrament of Baptism spiritual relationship is contracted between the one receiving and the father and mother of the one received, has place in Baptism performed without solemnities because of necessity? Resp. Affirmatively." S. C. C. 5 March 1678. Cf. Marc, Inst. Mor. Alph., ed. 2, n. 2022.

"Sponsors who are employed in supplying the solemnities of Baptism do not contract the impediment of spiritual relationship." Instr. S. C. de P. F. 11 Sept. 1779; S. C. C. 13 Apr. 1669; 2 Oct. 1687.

"Titius baptized his own son; he did it ignorantly; fearing, but with vain fear, lest he should die; whom he baptized in the presence of some women. The Confessor rebuked the same man, but absolved him. He now asks from the Sacred Penitentiary, with Titius unaware, whom he left in good faith, dispensation from the impediment of spiritual relationship, so that he can ask for and render the debt." Year 1869.

Resp. "The Sacred Penitentiary grants to the Ordinary of the orator the faculty, either by himself or through the proper Parish Priest of the orator, of absolving the orator himself, if it is so, his sacramental Confession having been heard, from ecclesiastical censures and penalties if he has incurred any on account of the premises, and from the guilt of incest, if perhaps after the contracted spiritual relationship he has not abstained from the use of marriage, by apostolic authority, with salutary penance. And of declaring that the same orator, if no other canonical impediment stands in the way, can remain in his marriage, and can and must render the conjugal debt. And of mercifully dispensing with the same man, over the recounted supervening impediment of spiritual relationship, so that notwithstanding it he can licitly and freely demand the conjugal debt from his wife, by apostolic special and express authority. For the forum of conscience; so that the present grace, if and when there shall be need, may avail the orator and his wife also for the external forum." Cf. Scavini, l. 3, n. 850.

A sponsor in confirmation "if not confirmed does not contract spiritual relationship." S. C. C. 13 June 1654. Lucidi, ch. 2, § 3, n. 142.

“Whether the provision of the Council of Trent, chapter 2, session 24, On the Reformation of Matrimony, decreeing that in the Sacrament of Baptism spiritual kinship is contracted between the sponsor and the father and mother of the one sponsored, has place in a Baptism which, on account of necessity, was performed without solemnities? “Response. Affirmative.” Sacred Congregation of the Council, 5 March 1678. Cf. Marc, Alphonsian Moral Institutions, 2nd ed., no. 2022. Cf. no. 459.

“Sponsors who are employed in supplying the solemnities of Baptism do not contract the impediment of spiritual kinship.” Instruction of the Sacred Congregation for the Propagation of the Faith, 11 September 1779; Sacred Congregation of the Council, 13 April 1669; 2 October 1687.

An unconfirmed sponsor at Confirmation “does not contract spiritual kinship.” Sacred Congregation of the Council, 13 June 1654; Lucidi, C. 2, § 3, no. 142.

Sponsors do not contract with the parents as many impediments invalidating Matrimony as the number of their children whom they sponsor in the same Sacrament; they are bound with them by only one impediment, unless they sponsored the same child, or several children, both in Baptism and in Confirmation. Sacred Penitentiary, 14 January 1881, according to the practice of the Curia; Holy Office, 29 April 1894.

“Whether, in the Formulas by which the faculty of dispensing from the impediment of spiritual kinship is customarily granted, the case of spiritual kinship between the baptizer and the baptized, not foreseen in those Formulas, is comprehended?—Response. Negative; that is, those who enjoy the faculty granted through the aforesaid Formulas cannot dispense from the impediment of spiritual kinship between the baptizer and the baptized; and this is to be communicated to all whom it may concern and henceforth expressly stated in the Formulas. But if any Marriages have perhaps hitherto been contracted with a dispensation of this kind granted by force of those same Formulas, in order to settle every question concerning their validity, petition is to be made to His Holiness that he may deign to declare those Marriages sanated in the root.” Holy Office, 3 December 1902.

1. "A certain Christian was sponsor of a certain infant baptized at home because of danger of death; afterward he took the infant's mother as wife. Because of the diverse opinions of theologians concerning the impediment of spiritual relationship, what must be judged concerning this marriage?

"R. The Most Holy One must be consulted for a dispensation of the marriage, insofar as there is need, upon the impediment of spiritual relationship, and also for sanation in the root." S. C. de P. F., March 18, 1817; Collect. n. 1250; I. M. 459.

6. "Whether the faculty of dispensing in the impediment of spiritual relationship, besides between the one lifting and the one lifted, is to be understood of spiritual relationship arising from baptism only, or also of the same relationship arising from confirmation?

R. To arise (sic) both from baptism and from confirmation." S. O., July 2, 1884, Collect. S. C. de P. F. n. 1252. Cf. Collect. ad usum oper. apost. Soc. miss. ad ext. n. 31. 9.º; Compend. Privileg. Soc. Iesu n. 390.

805. Principles. - I. Spiritual relationship invalidates matrimony by ecclesiastical law: first, between the minister of the Sacrament and the subject and the latter's parents; second, between the godfather or godmother and the goddaughter or godson and their parents. Thus from the Council of Trent, session 24, chapter 2, On Reformation.

II. Several conditions are required for sponsors to contract spiritual relationship, namely: first, that they are baptized ⁵, for otherwise they are not subject to the Church; second, that they have the use of reason, because otherwise they are not capable of the office of sponsor; third, that they were designated by the parents, or even by the Pastor in their place or in their absence ⁶; fourth, that the Baptism was valid ⁷.

⁵ For contracting the relationship, Baptism is a necessary condition as regards all. Therefore, if either the one baptizing or the parents of the baptized child are infidels, even catechumens, the relationship is not contracted by them. Consequently, both a faithful person who baptized the child of an infidel and one who received that child from the sacred font could contract matrimony, not indeed with the baptized child, but with the child's parents after they had been converted to the faith. Schmalzgrueber, book 4, title 11, nos. 62-65.

It is certain, however, that this relationship is contracted even by a heretic, whether the heretic baptizes, or holds the child at the sacred font, or another baptized person, whether heretic or Catholic, either baptizes or holds the heretic's child. The reason is that whoever has the baptismal character is capable of this relationship and is subject to the laws of the Church. Sanchez, book 7, disputation 60, no. 2; Pirhing, book 4, title 11, no. 40. Moreover, the decrees of the Sacred Congregations are already known by which it is forbidden either that a Catholic lift the children of heretics in Baptism or that a heretic be admitted to this office in the Baptism of a Catholic.

⁶ It is not actually necessary that someone be designated by the parents or by the Pastor; rather, it suffices that one who presents himself be admitted. See St. Alphonsus, book 6, no. 154, and the Declaration of the Sacred Congregation in Gallemart's note to chapter 2, session 24 of the Council of Trent, no. 7, or in Rebellus at the end of book 4, part 2, section 4, no. 95. It is generally necessary, however, that someone not merely assist materially and hold the infant, but have the intention or purpose of receiving the child or exercising the office of sponsor. Nevertheless, it is not further required that the sponsor have the intention of contracting spiritual relationship, because this is a consequence in no way dependent upon the sponsor's will, but upon the statute of the Church, and therefore it is contracted even by one ignorant of it. Schmalzgrueber, book 4, title 11, no. 66.

⁷ Namely, if Baptism, which is the principal thing, does not subsist, neither can the accessory, namely, the relationship, subsist. Hence argue that if Baptism is conferred again conditionally and it is afterward discovered that the infant had previously been validly baptized, no relationship will be present. But so long as this is not established, the Church presumes the relationship. Understand this, however, when a true doubt is present, which St. Alphonsus (book 6, no. 151) calls a negative doubt, namely, when no solid reason favors the validity of the prior Baptism; for if the doubt is positive, namely, if probability is present on either side, anyone can resolve the doubt as he pleases, and, as St. Alphonsus has it, l.c., matrimony can be contracted as though no impediment existed, because no certain impediment is present.

The same must be said in two other cases, namely: first, if someone through error holds one infant for another; second, if someone holds an infant in private Baptism. For since in each case the Doctors disagree - see St. Alphonsus, book 6, nos. 149 and 151 - it must finally be admitted that the matter is doubtful. But if the relationship is doubtful, the impediment also will be doubtful; and a doubtful impediment, as St. Alphonsus himself observes, no. 151, is not an impediment of matrimony.

806. Resolutions. - 1. A godfather and godmother can enter matrimony with each other, but not with the father or mother of the baptized person.

2. Those who exercise the office of godfather and godmother when the solemnities of Baptism are supplied do not contract spiritual relationship, nor do those who receive the baptized person from the sacred font merely in the name of another ⁸.

⁸ The latter point is confirmed by decrees of the Sacred Congregation, one of which Barbosa reports (Collection of Apostolic Decisions 177, no. 9), and two others Benedict XIV reports (Canonical Question 227). From another declaration of the Sacred Congregation, which Gallemart reports in the note to chapter 2, session 24 of the Council of Trent, no. 4, a man can exercise the office of proxy for a woman and conversely; in this case it is not forbidden that two men or two women actually lift the child from the sacred font.

3. Sponsors designated by the parents and unjustly rejected by the Pastor contract true spiritual relationship if they actually hold the infant; it is otherwise if they are justly rejected by the Pastor ⁹. - St. Ligorius, no. 154.

⁹ Although the Council of Trent, session 24, chapter 2, On the Reformation of Matrimony, decreed that only one person, either a man or a woman, or at most one man and one woman, should receive the baptized person from Baptism, nevertheless, it is established from the Declaration of the Sacred Congregation in the case of Aix, March 10, 1631 - Barbosa reports it in Collection of Apostolic Decisions 177, no. 10 - that this decree is not invalidating, provided that the third or fourth person was also designated, who will therefore contract the relationship.

4. A man who baptized a girl privately in a case of necessity can marry neither her nor her mother ¹⁰. - Thus commonly. - St. Ligorius, On Baptism, no. 149.

¹⁰ The same must evidently be said of a woman who privately baptized a little boy.

5. More probably, however, sponsors employed in private Baptism do not appear to contract this relationship. The reason is that in the Council of Trent there is question only of those sponsors who are employed in solemn Baptism, since none are required for private Baptism. - Thus more commonly with St. Ligorius, no. 149.

6. Sponsors do not appear to contract spiritual relationship unless they physically touch the baptized person, because otherwise they are not judged properly to receive that person from the sacred font ¹¹; for all the texts of Canon law by which spiritual relationship is established are expressed by these words: one who receives, holds, lifts, touches, etc. - St. Ligorius, no. 148, and others commonly.

¹¹ It is required that while the person is baptized, the sponsor so touch the baptized person that it can be said that the sponsor received, accepted, held, lifted, etc., that person in or from the sacred font. Or, if the custom is that the Priest holds the infant while the child is baptized, the sponsor must either present the infant to be baptized to the Priest or immediately receive the infant from the Priest's hand. Hence it would not suffice that the godmother mediately receive the child from the godfather, or conversely; nor would even a momentary touch of a finger or hand suffice, because this would not be to lift or hold, etc. It is not necessary, however, that the sponsor also answer for the infant, because this answering pertains to the sponsor of catechism, concerning whom something was said above in the note to no. 776. Schmalzgrueber, book 4, title 11, nos. 38-39.

7. Parents baptizing their children in necessity or in good faith contract no spiritual relationship by which they would be prohibited from the use of matrimony; for this prohibition has the nature of a penalty, which is not incurred without fault. - St. Ligorius, no. 150. - Indeed, more probably they do not appear to contract the relationship even if deliberately, apart from necessity, they baptized their child ¹². - St. Ligorius, ibid.

¹² Since the matter is at least doubtful, the principle prevails that in a doubtful matter a certain right cannot be taken away from a spouse. Therefore it must be denied that through this an impediment is placed upon the use of matrimony. Schmalzgrueber, book 4, title 11, nos. 46-49.

907. Spiritual kinship (parenté spirituelle; geestelijke verwantschap) is the propinquity or conjunction of persons arising from the conferral and reception of the sacrament of Baptism, by which a man is spiritually generated. Hence the Church establishes a diriment impediment between spiritual parents and spiritual children, namely, between the minister and sponsor of the sacrament on one side, and the receiving subject on the other side.

From Confirmation also spiritual kinship arises, because it is the sacrament of perfect spiritual nativity; but in the new law from this sacrament there no longer arises an impediment of matrimony.

908. Principle III. Only that spiritual kinship invalidates matrimony which the baptizer and sponsor contract with the baptized. - Thus can. 1079 and 768.

The impediment is of ecclesiastical law, which therefore is contracted by baptized persons alone. Unbelievers themselves are subject to it in no way, nor indirectly, because kinship, since it is a mutual relation, cannot arise from one baptized party; nor if they are afterward baptized, because spiritual kinship did not exist, and therefore cannot revive.

The conditions required for contracting the impediment are:

A. On the part of the sacrament, that Baptism be validly conferred.

Hence a) it also arises from private Baptism without solemnities (can. 762, § 2);

b) it does not arise from mere supplied solemnities (ibid.);

c) if Baptism is repeated conditionally, it arises only if the same person functions in both Baptisms 1 (can. 763, § 2).

B. On the part of the minister, that he not only baptize validly, but also himself be baptized.

Parents who baptize their offspring, even outside a case of necessity, no longer incur the impediment of kinship impeding the use of marriage.

C. On the part of the sponsor, that all the conditions required be present for his having validly acted as sponsor, as we said, n. 171 (can. 765).

Hence a) if the office of sponsor is exercised through a proxy, only the principal is affected by the impediment, not the mandatary;

b) if someone through error has received one infant for another, he is not judged to contract kinship, unless he had the intention of receiving anyone whatever;

c) all and only those holding who are designated contract kinship; beyond those designated, no one does, even if in the act of Baptism he held the infant.

After the new code of law, no impediment any longer arises between the baptizer or sponsor and the parents of the baptized.

St. Thomas shows the fittingness of the impediment:

"1° The holier some bond is, the more it is to be guarded. But a spiritual bond is holier than a bodily one. Therefore, since the bond of bodily propinquity impedes matrimony, it seems also that spiritual kinship does the same.

"2° Just as through carnal propagation a man receives the being of nature, so through the sacraments he receives the being of spiritual grace. Hence, just as the bond which is contracted from the propagation of flesh is natural to man insofar as he is a certain thing of nature, so the bond which is contracted from the reception of the sacraments is in some way natural to someone insofar as he is a member of the Church. And therefore, just as carnal kinship impedes matrimony, so does spiritual kinship, from the statute of the Church," q. 56, a. 1.

"Just as in carnal generation someone is born from father and mother, so in spiritual generation someone is born a son of God as father and of the Church as mother. But just as he who confers the sacrament bears the person of God, whose instrument and minister he is, so he who receives the baptized person from the sacred font... bears the person of the Church. Hence spiritual kinship is contracted toward each," a. 3.

The impediment can be multiplied, its foundation being multiplied: in the case in which the same person is baptizer and sponsor, namely, who would exercise the office of sponsor through a proxy, there would be a double spiritual kinship between the baptizer and the baptized. Yet it is not multiplied from the fact that someone holds several children of the same parents in Baptism (S. Off., April 29, 1894); much more so because now no impediment at all arises with the parents.

1. This is certain for the sponsor, on account of can. 763, § 2. Concerning the minister nothing is explicitly established in the law, and therefore it can be disputed in law. Some say that the prior law subsists, and therefore that a doubtful impediment subsists; and because this is a doubt of fact, a dispensation is to be sought concerning it for caution, according to the norm of can. 15. Others conclude from analogy that, as for the sponsor, kinship has not arisen. Hence, with a doubt of law standing, the impediment does not urge, as the same can. 15 says.

XIII. Spiritual kinship, as has been indicated, is called a nearness of persons introduced by ecclesiastical right. This induces an impediment between godparents and the one baptized or confirmed, and the father and mother of the one baptized or confirmed. For this kinship nevertheless solemn Baptism is required. If a child be baptized privately at home, very many teach that this kinship is not contracted between the godparents and the one baptized and the father and mother of the one baptized, but only with the one baptizing.