Canon 915

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Canon 915, one of the canons of the current Code of Canon Law, forbids the administration of Holy Communion to those upon whom the penalty of excommunication or interdict has been imposed or declared or who obstinately persist in manifest grave sin:

Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.[1]

The corresponding canon in the Code of Canons of the Eastern Churches, which binds members of the Eastern Catholic Churches, reads:

The publicly unworthy are to be kept from the reception of the Divine Eucharist[2][3]

Reception of Holy Communion[edit]

Anyone aware of having committed a grave sin is obliged to refrain from receiving Communion without first obtaining absolution in the sacrament of Reconciliation.[4][5] In addition, canon 1331 §1 of the Code of Canon Law forbids an excommunicated person, even one who has incurred a latae sententiae (automatic) excommunication, from receiving Holy Communion or any other of the sacraments of the Catholic Church.[6] Also forbidden to receive the sacraments is anyone who has been interdicted.[7] These rules concern a person who is considering whether to receive Holy Communion, and in this way differ from the rule of canon 915, which concerns instead a person who administers the sacrament to others.

Canon 915 is immediately followed by canon 916, which concerns the recipient of Holy Communion, not the minister administering it to that person: "A person who is conscious of grave sin is not to celebrate Mass or receive the body of the Lord without previous sacramental confession unless there is a grave reason and there is no opportunity to confess; in this case the person is to remember the obligation to make an act of perfect contrition which includes the resolution of confessing as soon as possible."[8]

Administration of Holy Communion[edit]

The general rule of canon law is that "sacred ministers cannot deny the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them";[9] and "any baptized person not prohibited by law can and must be admitted to holy communion".[10] Canon 915 not only permits the ministers to deny Holy Communion to certain classes of people, but actually obliges them to deny it to those classes of people.

Classes of people to whom Communion is to be denied under canon 915[edit]

Those under imposed or declared excommunication or interdict[edit]

Any excommunication or interdict obliges the person involved to refrain from receiving Holy Communion, but a minister is obliged to deny Holy Communion only to those on whom an ecclesiastical superior or tribunal has publicly imposed the censure or declared that it has in fact been incurred. Canon 915 thus does not apply in cases of undeclared latae sententiae (automatic) excommunication, such as that incurred, according to canon 1398,[11] by someone who actually procures an abortion. While someone in this situation should not receive Communion until the excommunication is lifted, a priest may not on the grounds of the automatic excommunication refuse to administer the sacrament even if he knows of its existence.[4]

Those who persist in manifest grave sin[edit]

It can be more difficult[4] to determine whether in a particular case all four elements referred to are simultaneously present:

  1. a sin,
  2. which is grave,
  3. which is manifest,
  4. and which is obstinately persevered in.

The action must be a sin in the eyes of the Church, not merely something distasteful or irritating; personal guilt on the part of the person concerned is not required.[12][13][14][15]

The sinful action must be "seriously disruptive of ecclesiastical or moral order".[12]

To be manifest, the sin must be known to a large part of the community, a condition more easily met in a rural village than in an anonymous urban parish. Knowledge by the priest alone, in particular through the sacrament of confession, is not a justifying cause for denying Holy Communion.[4] Public withholding of the Eucharist for little-known sins, even grave sins, is not permitted under canon law.[12]

Warning to desist, in the light of canon 916, from the sin before coming to receive Holy Communion is required,[4] unless impossible,[16] to determine the existence of obstinacy.

Divorced and remarried Catholics[edit]

The Pontifical Council for Legislative Texts issued on 24 June 2000 a declaration on the application of canon 915 of the Code of Canon Law to divorced Catholics who have remarried. Even if such people, while being unable for serious reasons, such as the upbringing of children, to separate, live in full continence, their publicly known objective situation as divorced and remarried Catholics excludes them from receiving Eucharistic Communion. Public denial of Communion must be avoided and so the reasons for exclusion must be explained to them, but if such precautionary measures fail to obtain the desired effect or are impossible, Communion is not to be given to them.[16]

Politicians consistently promoting permissive abortion or euthanasia laws[edit]

A memorandum of the Congregation for the Doctrine of the Faith on "Worthiness to Receive Holy Communion", signed by its Prefect Cardinal Joseph Ratzinger and published in July 2004, declared that, if a Catholic politician's formal cooperation in "the grave sin of abortion or euthanasia" becomes manifest by "consistently campaigning and voting for permissive abortion and euthanasia laws", the politician's pastor is obliged to instruct the politician about the Church's teaching and inform him that he should not present himself for Holy Communion as long as the objective situation of sin (regardless of whether subjective guilt exists or is absent) persists, warning him that, if he does present himself in those circumstances, he will be refused. As in the case of divorced and remarried Catholics, if these precautionary measures fail to obtain the desired effect or are impossible, "and the person in question, with obstinate persistence, still presents himself to receive the Holy Eucharist, 'the minister of Holy Communion must refuse to distribute it'".[17]

This ruling of the Congregation for the Doctrine of the Faith was cited in an article by Cardinal Raymond Leo Burke, President of the Supreme Tribunal of the Apostolic Signatura in Periodica de re canonica, vol. 96 (2007), which listed precedents for it in the writings of the Church Fathers and theologians, in both older and more recent canon law and in ritual texts.[2]

The ruling spoke of the obligations of the politician's pastor. With regard to the obligations of the diocesan bishop, the United States Conference of Catholic Bishops declared in 2004: "The question has been raised as to whether the denial of Holy Communion to some Catholics in political life is necessary because of their public support for abortion on demand. Given the wide range of circumstances involved in arriving at a prudential judgment on a matter of this seriousness, we recognize that such decisions rest with the individual bishop in accord with the established canonical and pastoral principles. Bishops can legitimately make different judgments on the most prudent course of pastoral action. ... The polarizing tendencies of election-year politics can lead to circumstances in which Catholic teaching and sacramental practice can be misused for political ends. Respect for the Holy Eucharist, in particular, demands that it be received worthily and that it be seen as the source for our common mission in the world."

Cardinal Donald Wuerl of Washington has declared his opposition to such political misuse, with Communion wielded as a weapon: in his view, which he attributes also to the great majority of bishops in the United States and elsewhere, canon 915 "was never intended to be used this way", that is, to bring politicians to heel.[18]

The Congregation for the Doctrine of the Faith commented on the United States bishops' 2004 document: "The statement is very much in harmony with the general principles 'Worthiness to Receive Holy Communion, sent as a fraternal service – to clarify the doctrine of the Church on this specific issue – in order to assist the American Bishops in their related discussion and determinations'."[2]

In an article written before publication of the 2004 memorandum of the Congregation for the Doctrine of the Faith and the statement by the United States Conference of Catholic Bishops, canonist John P. Beal had argued that canon 915 did not apply to pro-choice Catholic politicians.[19]

Other cases in which canon law mandates denial of access to Communion[edit]

Exclusion by canon law from access to Communion is not limited to the cases mentioned in canon 915. For instance, canon 842 §1 declares: "A person who has not received baptism cannot be admitted validly to the other sacraments."[20]

It is also deemed appropriate to consider denying Communion "where someone is trying to use the Eucharist to make a political statement",[21] and Communion has been refused to activists of the Rainbow Sash Movement on the grounds that it has never been acceptable to use the reception of Communion as a manifest act of protest.[4][22][23]

Parallel Anglican norm[edit]

The Book of Common Prayer requires the minister of Holy Communion to forbid access to "an open and notorious evil liver", until he publicly declare his repentance and amend his life.[24]

References[edit]

  1. ^ Canon 915 in the English translation of the Canon Law Society of America
  2. ^ a b c Raymond Burke, "Canon 915: The discipline regarding the denial of Holy Communion to those obstinately persevering in manifest grave sin" in Periodica de re canonica, vol. 96 (2007), p,. 3-58
  3. ^ Code of Canons of the Eastern Churches, canon 712
  4. ^ a b c d e f Edward McNamara, "Denying Communion to Someone"
  5. ^ Catechism of the Catholic Church, 1385
  6. ^ Code of Canon Law, canon 1331 §1
  7. ^ Code of Canon Law, canon 1332
  8. ^ Code of Canon Law, canon 916
  9. ^ Code of Canon Law, canon 843 §1
  10. ^ Code of Canon Law, canon 912
  11. ^ Code of Canon Law, canon 1398
  12. ^ a b c Edward Peters, "Withholding of Holy Communion by Extraordinary Minister" in 2008 Roman Replies and CLSA Advisory Opinions 80-83
  13. ^ Joseph Ratzinger, "Worthiness to Receive Holy Communion: General Principles", 6
  14. ^ Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church concerning the Reception of Holy Communion by the Divorced and Remarried Members of the Faithful (14 September 1994)
  15. ^ Pontifical Council for Legislative Texts, Declaration concerning the Admission to Holy Communion of Faithful Who Are Divorced and Remarried, 2 a
  16. ^ a b Pontifical Council for Legislative Texts, Declaration concerning the admission to Holy Communion of faithful who are divorced and remarried
  17. ^ Worthiness to Receive Holy Communion: General Principles
  18. ^ Henneberger, Melinda (11 May 2009). "Wuerl: Why I Won't Deny Pelosi Communion". Politics Daily. 
  19. ^ John P. Beal, "Holy Communion and Unholy Politics" in America, 21 June 2004
  20. ^ Code of Canon Law, canon 842 §1
  21. ^ A Statement from the Washington Archdiocese
  22. ^ Catholic News Agency, "Rainbow Sash group denied Communion at St. Paul Cathedral", 16 May 2005
  23. ^ Denis Coday, "Pre-emptive strike in Rainbow Sash clash" in National Catholic Reporter, 28 May 2009
  24. ^ The Order for the Administration of the Lord's Supper or Holy Communion