Who can gain an indulgence

THERE must always be a just cause for granting an indulgence, otherwise the grantor would not be a faithful dispenser of the mysteries of God, and he would fail in the trust committed to him by God. In practice, however, this does not concern the faithful to whom indulgences are granted; they may rest assured that there is always a just cause for the indulgences which the Church offers for their acceptance.

No one can gain an indulgence unless he is a member of the Catholic Church, and, moreover, he must have the requisite intention, he must be in the state of grace, and he must fulfil all the conditions prescribed for gaining the indulgence.

It is not necessary that the intention be actual; it is sufficient if it be virtual, so that there was the wish to gain the indulgence, and it continues to influence the actions whose performance is required for the purpose of gaining the indulgence. It will be sufficient to form an intention in the morning of gaining all the indulgences which may be annexed to any of the good works done during the following day. Some authorities hold that such a virtual intention is not necessary, but that an habitual, or even an interpretative intention, will suffice. An habitual intention is one which was formed and which has not been retracted, but which does not influence the performance of one’s actions any longer. An interpretative intention does not exist in reality, but it would be elicited if the agent thought of the matter. Inasmuch as an indulgence is a grant made by the Church to all who fulfil certain conditions, these authors maintain that all pious Catholics who value indulgences gain such as are annexed to their prayers and other good deeds without any special intention, ‘This opinion, however, though probable, is not certain, and so it is safer in practice to follow the other, which requires at least a virtual intention, especially as it is doubtful whether probabilism can be used in this matter. Canon 925, sec, 2, says that a general intention is requisite, which many interpret as signifying an habitual intention.

The person who gains an indulgence must also be in the state of grace, for one who is in mortal sin, at enmity with God, and liable to eternal punishment, is not a fit subject for the remission of temporal punishment due to his sins. The Church, too, requires that those who wish to gain the indulgences which she offers to her children should be contrite in heart, or, in other words, in the state of grace, recovered, if they had fallen, by means of sacramental confession, or at least by an act of perfect contrition. When several actions, such as visiting a church, prayer for the Pope, confession, etc., are prescribed for gaining an indulgence, it is not absolutely necessary that all such actions be performed while the agent is in the state of grace; it will be sufficient if the soul be in the state of grace when the last condition is fulfilled and when the indulgence is applied.

In order that someone be capable of gaining indulgences for himself, he must be baptized, not excommunicated, in the state of grace at least at the end of the prescribed works, and a subject of the one granting (canon 925, § 1). It is said:

1. For himself. To what extent the enumerated things are required so that someone may apply an indulgence to the departed, we shall say later.

2. Baptized; because the Church lacks jurisdiction over the non-baptized, even over catechumens.

3. Not excommunicated, because the concession of indulgences belongs to the communion of Saints, of which the Church deprives the excommunicated.

It can be disputed whether material heretics and schismatics can acquire indulgences. It seems one must deny this; for such heretics and schismatics indeed belong by will to the body of the Church, but in the external forum they seem to be considered by the Church as formal heretics and schismatics; for she does not judge concerning internal matters. Now in this case the Church does not seem to extend her act of jurisdiction to those who are considered by her, in the external forum, as formal heretics.

4. In the state of grace at least at the end of the works. The reason is that "a dead member does not receive influence from the other living members; but one who is in mortal sin is, as it were, a dead member; therefore through indulgences he does not receive influence from the merits of the living members" (St. Thomas, Supplement, q. 27, a. 1). Added to this is the response of the Sacred Congregation of Indulgences,¹ which declares that the sense of the clause "with heart at least contrite" is that contrition is required "insofar as someone placed in mortal sin and therefore incapable of gaining any indulgence is restored to the state of grace by perfect contrition with the purpose of confession, and becomes capable of obtaining indulgences." Finally, canon 925, § 1 absolutely requires the state of grace in order that someone acquire an indulgence for himself. Hence even if it were admitted that the Church can grant a partial indulgence to one constituted in mortal sin, namely the remission of punishment due because of sins already previously remitted, nevertheless that this actually occurs seems altogether to have to be denied (St. Alphonsus, n. 534, under 9).

To what extent the state of grace is required so that someone may apply an indulgence to the departed, we shall investigate immediately.

This, however, is the place for noting these words of St. Alphonsus: "No one gains a plenary indulgence of all sins unless he is free from every guilt, even venial, when he completes the last work... for it is certain that venial sin not remitted as to guilt cannot be remitted as to punishment... That venial sin, however, does not prevent the punishment due to other sins already remitted from being remitted" (n. 534, under 19). Hence nothing of itself prevents one who lacks the disposition required for gaining a plenary indulgence integrally from gaining it partially. And in fact canon 926 states: a plenary indulgence granted in such a way is understood so that, if someone cannot gain it plenarily, nevertheless he gains it partially according to the disposition which he has.

5. A subject of the one granting, because an act of jurisdiction, such as is the concession of an indulgence for the living, can be exercised only upon subjects. But since an indulgence is granted after the manner of a privilege, nothing prevents non-subjects also, after it has been granted, from being able to gain it according to the norm of canon 927: unless something else appears from the tenor of the concession, indulgences granted by a Bishop can be gained both by subjects outside the territory and by pilgrims, vagi, and all exempt persons dwelling in the territory.

¹ December 17, 1870.

674. The gaining of indulgences requires the capacity of the subject and the fulfillment of the prescribed works.

A. A subject capable "of gaining indulgences for himself, from can. 925, § 1, must be baptized, not excommunicated, in the state of grace at least at the end of the prescribed works, and a subject of the one granting": for the concession of indulgences is an act not of order but of jurisdiction over subjects, which cannot be exercised over non-subjects. Nevertheless it can happen that someone becomes, as to this matter, a subject by his mere presence in the territory, for "unless something else appears from the tenor of the concession, indulgences granted by a Bishop can be gained both by subjects outside the territory, and by pilgrims, transients, and all exempt persons dwelling in the territory" (can. 927).

But how he who grants an indulgence can gain it for himself St. Thomas declares, q. 27, a. 4: "An indulgence must be given for some cause, in order that by an indulgence someone may be provoked to some act which tends to the utility of the Church and the honor of God. But a prelate, to whom the care of the utility of the Church and of propagating the divine honor has been committed, does not have a cause for provoking himself to this. And therefore he cannot make an indulgence for himself alone, but he can use an indulgence which he makes for others, because for them there is a cause of making it." And indeed "no one can exercise an act of jurisdiction upon himself; but those things which are given to others by authority of jurisdiction, a prelate also can use both in temporal and in spiritual things... And thus a bishop can receive for himself the suffrages (that is, satisfactions) of the Church which he dispenses to others, the immediate effect of which is the remission of punishment through indulgences, and not jurisdiction" (ad 1), for "an indulgence is not given by way of a sentence," "which no one can pronounce upon himself," "but by way of a certain dispensation, which a man can make toward himself" (ad 3).

The state of grace required is of itself sufficient at the moment at which the indulgence is to be gained, namely, at the end of the prescribed works; not before, unless some work, for example holy Communion, supposes the state of grace. The necessity of this is frequently expressed by this formula: "with a heart at least contrite"; which signifies nothing except that he who is not in the state of grace must at least recover grace for himself by an act of perfect contrition (S. C. Indg., Dec. 17, 1870). Outside this case, the state of grace does not seem to be required for gaining indulgences in favor of the dead, since they are in grace: nevertheless many think otherwise; yet it seems certain that the indulgence of a privileged altar comes to the dead person if the priest sacrilegiously celebrates in the state of sin, because the value of the sacrifice to which the indulgence is annexed in no way depends on the celebrant.

B. The fulfillment of the prescribed works is prescribed by can. 925, § 2, to be done in this way: "That a capable subject may truly gain indulgences, he must have at least a general intention of acquiring them and fulfill the enjoined works at the stated time and in the due manner according to the tenor of the concession."

Hence: I. An intention at least habitual is required, that is, one formerly had and not retracted, at least a general intention of gaining all indulgences, even unknown ones: for an indulgence is a benefit which must be accepted; - nor does a merely interpretative intention suffice, which would be but is not; a virtual intention is commended, and in a particular case it can be required if the ordination of the work to a special end requires it.

II. The enjoined work must truly be fulfilled, so that if someone by ignorance or inability is impeded from carrying it out, he cannot gain the indulgence: for it is not granted except under that condition; unless, however, provision has otherwise been made by the one granting for those impeded.

III. Generally the work must be supererogatory, for from can. 932: "by a work which someone is obliged by law or precept to perform, an indulgence cannot be gained, unless something else is expressly said in its concession; nevertheless one who performs a work enjoined upon him as sacramental penance and perhaps enriched with indulgences can at the same time both satisfy the penance and gain the indulgences." Likewise indulgences can be gained by paschal Communion, except the indulgence of the Jubilee (S. C. Indg., May 1, 1844); likewise by observing the statutes or pious customs of religious communities, if they do not oblige under sin.

IV. The prescribed work must be good in itself, not substantially vitiated, and it must be fulfilled integrally, at least as to substance, and in that place, time, and manner in which it is determined by the tenor of the concession.

1. As to place, if an indulgence is affixed to some place, it must necessarily be visited.

2. As to time: a) "A plenary indulgence granted for the feasts of Our Lord Jesus Christ or for the feasts of the Blessed Virgin Mary is understood to be granted only for feasts which are found in the universal calendar."

b) "A plenary or partial indulgence granted for the feasts of the Apostles is understood to be granted only for their natal feast."

c) "A plenary indulgence granted as daily perpetual, or for a time, to those visiting some church or public oratory, is to be so understood that it can be acquired on any day, but only once in the year by each faithful person, unless something else is expressly said in the decree" (can. 921).

d) "Indulgences annexed to feasts or sacred supplications or novena, septenary, and triduum prayers, which are performed before or after the feast or even during its octave, are understood to be transferred to that day on which feasts of this kind are legitimately transferred, if the transferred feast has the office with Mass without solemnity and external celebration and the transfer is made in perpetuity, or if the solemnity and external celebration is transferred either for a time or in perpetuity" (can. 922). Therefore if only the office with Mass is transferred for a time and without solemnity and external celebration, the indulgence remains affixed to the day, even if it is Friday in Parasceve (S. Poen., Feb. 18, 1921).

e) "For gaining an indulgence affixed to some day, if a visit of a church or oratory is required, this can be made from noon of the preceding day up to midnight which closes the stated day" (can. 923).

3. As to manner, the enjoined works must be performed personally by him who wishes to gain the indulgence; nevertheless, with his consent or mandate, the giving of alms can be done by another, for example by a father or superior for a son or subject, or by the ministry of another, for example a servant or friend.

In particular: a) "If for gaining indulgences prayer in general according to the mind of the Supreme Pontiff is prescribed, mental prayer alone does not suffice; but a vocal prayer can be chosen at the discretion of the faithful, unless some particular prayer is assigned." Nevertheless the Sacred Penitentiary, Dec. 7, 1933, declared that indulgences annexed to invocations and ejaculatory prayers can also be acquired by only mental recitation of them.

b) "If a particular prayer has been assigned, indulgences can be acquired in whatever language the prayer is recited, provided that the fidelity of the translation is clear from the declaration either of the Sacred Penitentiary or of one of the Ordinaries of the place where the language into which the prayer is translated is common; but indulgences cease entirely by any addition, subtraction, or interpolation." This, however, is to be understood only of those changes which alter the substance of the indulgences (S. Poen., Nov. 26, 1934).

c) "For the acquisition of indulgences it is enough to recite the prayer alternately with a companion, or to follow it mentally while it is recited by another" (can. 934).

d) Prayers are not to be said on bended knees or in a determined place, unless this is expressly noted.

e) Nor must a determined order be used in the fulfillment of works, unless it is specially prescribed, provided that the last work is performed in the state of grace.

C. The ordinary conditions for plenary indulgences are confession and Communion, and prayers according to the intention of the Supreme Pontiff, with which a visit of a church is often joined, and sometimes pious exercises publicly performed.

1. Confession and Communion. - a) When an indulgence is granted to those contrite and confessed or by some other similar clause, sacramental confession is necessary even for those who are not conscious of mortal sin, although for these absolution is not required.

b) "For gaining any indulgences whatsoever, a confession perhaps required can be made within the eight days which immediately precede the day to which the indulgence has been affixed; Communion, however, on the vigil of the same day; and both also within the entire following octave" (can. 931, § 1).

c) "Likewise for gaining indulgences granted for pious exercises carried on for a triduum, week, etc., confession and Communion can also be made within the octave which immediately follows the completed exercise" (ibid., § 2).

d) "The faithful who are accustomed, unless legitimately impeded, to approach the sacrament of Penance at least twice in a month, or to receive holy Communion in the state of grace and with a right and pious mind daily, although once or twice in the week they abstain from it, can obtain all indulgences, even without the actual confession which otherwise would be necessary for gaining them, except indulgences either of the ordinary and extraordinary Jubilee or after the manner of a Jubilee" (ibid., § 3).

2. Prayers according to the intention of the Supreme Pontiff. That intention is usually for the prosperity and exaltation of the Catholic Church, for the extirpation of heresies and the conversion of all who are erring, and for the peace and unity of the whole Christian people. Now prayers are to be recited according to the choice of each one, unless particular prayers are determined (can. 934, § 1); from the declaration of Sept. 20, 1933, it suffices if someone has recited one Our Father, Hail Mary, and Glory Be. Nevertheless, for the indulgence of the Portiuncula or another to be gained toties quoties, at least six Our Fathers, Hail Marys, and Glory Bes are required (S. Poen., July 10, 1924; Jan. 13 and July 5, 1930). When it is prescribed that a church be visited and prayers be poured forth there, this is to be done.

3. The visit of a church must be religious, from the intention of worshiping God:

a) If prescribed determinately, for example of a parish church or of that church to which the indulgence is annexed, it is to be performed in this church, and in it prayer is to be made according to the intention of the Supreme Pontiff; although the other conditions can be fulfilled elsewhere, and the reception of holy Communion also together with the visit.

b) If prescribed indeterminately, it can be made in any church or public oratory; - but it does not suffice in a semi-public or private oratory; this is granted only to cardinals and bishops with their households for their own chapels, if for the indulgence there is prescribed a visit of the church of the place in which they are actually staying (can. 239, § 1, 11; and 349, § 1, 1).

c) But "the faithful of either sex who, for the pursuit of perfection or for instruction or education or even for health, live a common life in houses lacking a church or public chapel, established with the consent of the Ordinaries, and likewise all persons dwelling there for ministering to them, whenever for gaining indulgences there is prescribed a visit of some non-determined church, or of some indeterminate public oratory, can visit the chapel of their own house in which they can satisfy by law the obligation of hearing Mass, provided they have duly performed the other enjoined works" (can. 929). This does not hold for those detained in prison, - nor for the indulgence of the Portiuncula, since this requires the visit of a determined church.

d) Concerning this matter the Sacred Penitentiary declared on Sept. 20, 1933: "The condition of visiting a church or public or (for those legitimately using it) semi-public oratory is fulfilled by going to the church or to the oratory at least with a certain general or implicit intention of honoring God in himself or in his saints, with some prayer being used, and indeed the prescribed prayer, if any was imposed by the one granting the indulgence, or any other, whether oral or even mental, according to each one's piety and devotion.

Those things which are required for the visit of a church or oratory are also to be observed in the visit of some image or altar."

e) One who on the same day wishes to gain several indulgences, each of which requires a visit of a church, must, unless otherwise expressly stated, perform as many visits as he wishes to gain indulgences; but visits are not multiplied except by a true exit outside the Church and a new entrance: thus, for example, for an indulgence toties quoties.

f) One who on a Sunday or feast day enters a church to hear Mass by precept does not satisfy the visit required for an indulgence; nevertheless many say that he does satisfy if he arrives in good time and before Mass has begun prays according to the intention of the Supreme Pontiff, or even if he prolongs the visit after Mass and then pours forth the prayers.

4. "Pious exercises are then said to be publicly performed only when they are commonly held in churches or in public or (for those legitimately using them) semi-public oratories; in other cases they are understood to be privately performed" (Collection of Indulgences 1938, preface, n. 7).

D. Commutation of works can sometimes be made:

a) According to can. 935: "The pious works enjoined for gaining indulgences confessors can commute into others for those who, detained by a legitimate impediment, are unable to perform the same." This faculty a confessor can exercise even outside confession, provided that he can here and now validly and licitly hear the confession of the one in whose favor he commutes; not indeed concerning works which would substantially affect the object or cause of the indulgence, such as intention, the state of grace, the use of a crucifix, spiritual exercises to which an indulgence is attached, but concerning the especially ordinary conditions of confession, Communion, prayers, fasting, or even the visit of a church, even a determined church, as for gaining an indulgence toties quoties (com. int., Jan. 19, 1940). This, however, seems to be understood of a church which is situated in the same place; - otherwise any confessor could render all penitents participants in all the indulgences of all the churches of the whole world which they could not approach.

b) From can. 936: "The mute can gain indulgences annexed to public prayers if, together with the rest of the faithful praying in the same place, they raise their mind and pious affections to God; and if it is a matter of private prayers, it is enough that they recall them in mind, express them by signs, or merely run through them with the eyes."

c) From the special concession of Oct. 19-22, 1917, the mutilated can gain indulgences, for the gaining of which the recitation of prayers together with some bodily act is enjoined, which they are unable to perform, by pouring forth the prayers alone.

XIII. That indulgences can be extended to the souls of Purgatory all Catholics teach against the innovators, by way of suffrage, not of judgment and absolution, because the Church cannot exercise jurisdiction over those souls.