II. SPECIAL MORAL THEOLOGY (Continued) (part 2 of 4)

II. SPECIAL MORAL THEOLOGY (Continued) (part 2 of 4)

(b) The act of the defamed person also ends the obligation, according to the common opinion, when he has inflicted an equal injury by defaming his defamer and is unwilling to make satisfaction for the injury; for though it is unlawful to repay evil with evil, and though one damage does not cure another damage, he who will not pay a creditor cannot insist that the creditor pay him an equal debt. Thus, if Titus has burned the barn of Claudius and Claudius then burns the barn of Titus, and neither will pay damages, the debts neutralize each other, if the losses are equal. The same principle applies in defamatory recriminations.

2101. Right of Defamed Person to Condone Injury.--The person defamed has the right to condone the injury, if it is only personal to himself, but he has not always the right to condone the injury when the defamation causes harm to others.

(a) Thus, the defamed person would sin against justice and his act would be invalid, if he forgave the debt of restitution despite the fact that his own fame was necessary for the fame of others (e.g., when a monk loses his good name, the monastery is also disgraced), or was necessary for the fulfillment of duties owed by him in justice to others (e.g., when a prelate, priest or public official loses his good name, the good influence he should exercise over his subjects is ended). This conclusion is probable.

(b) The defamed person would sin against charity, but his act would be valid, if he forgave the debt of restitution despite the fact that his fame was necessary for the fulfillment of charitable duties owed to others, or that his silence in the face of defamation would cause great scandal (e.g., when a preacher loses his reputation, his words do not move, and thus he is unable fruitfully to accomplish works of charity by instructing the ignorant, etc.).

2102. Excuse from Restitution When Reputation Has Been Recovered.--The obligation of restitution for defamation also ceases when reputation has been recovered without any act on the part of the defamer; for it is clear that one is not bound to give back that which is already had. But restitution may be due, nevertheless, for damages incurred, and some think that compensation (e.g., apology, honor, praise) should be made for the injury of infamy that existed before the good name was regained.

The usual ways in which reputation is recovered without the act of the defamer are: (a) by overthrow of the defamation, as when the facts against it become manifest, or when witnesses prove its falsity, or when a tribunal declares it a criminal libel; (b) by oblivion, as when a misdeed of years ago has faded entirely out of the public memory. If the defamer is uncertain whether his past defamations have been forgotten, he has to act with great prudence; for, if he makes inquiries the memory of the defamations may be awakened, while if he says nothing, the defamations, because never corrected or retracted, may break out anew. He should consider the circumstances, therefore, and treat the defamed person as he would wish himself to be treated in a like case.

2103. Whispering or Tale-Bearing.--Whispering (susurratio), also called mischief-making and tale-bearing, is a speech unfavorable to another person secretly made with the purpose of breaking up a virtuous friendship.

(a) It is unfavorable speech, that is, the whisperer says something to his listener that will turn the latter against the person spoken about. The thing attributed to the absent person may be either something evil or something that is only seemingly evil, but in either case it will be something displeasing to the listener. Whispering, therefore, does not necessarily include defamation.

(b) It is secret, that is, the whisperer speaks privately, and usually in the way of confidence to the person whose mind he wishes to impress. Often, however, he goes now to one of the friends, now to another, speaking in different senses to each, to make his work doubly effective. This kind of whisperer is known as double-tongued: “The whisperer and the double-tongued is accursed” (Ecclus., xxviii. 15).

(c) It is aimed at the breaking up of a friendship, that is, the whisperer intends to destroy the feeling of respect and affection which his listener has for the absent person, or even to instill into the listener’s mind a feeling of disrespect and dislike for the absent person. Whispering, therefore, is incomplete when it ends a friendship, and complete when it makes enemies of those who had been friends and sows discords and quarrels: “A passionate man kindleth strife, and a sinful man will trouble his friends, and bring in debate in the midst of them that are at peace” (Ecclus., xxviii. 11); “When the tale-bearer is taken away, contentions shall cease” (Prov., xxvi. 20). Whispering, then, differs from simple defamation, whose purpose is to steal away fame, for the mischief-maker intends to steal away friendship.

(d) It is directed against a virtuous friendship, for there is no sin but rather an act of charity in the effort to end a sinful or harmful friendship, as when a parent tries to keep his daughter away from a wicked man with whom she is infatuated, or his son away from a disorderly set whose companionship appeals to the youth (see 1353).

2104. The Sinfulness of Whispering.--(a) Theological Species.--Whispering is from its nature a mortal sin, since it is hateful to God (the soul of the Lord detesteth “him that soweth discord among brethren,” Prov., vi. 19), and deprives man of the boon of a virtuous friendship, the greatest of external goods. “A faithful friend is a strong defence, and he that hath found him hath found a treasure. Nothing can be compared to a faithful friend, and no weight of gold and silver is able to countervail the goodness of his fidelity. A faithful friend is the medicine of life and immortality” (Ecclus., vi. 14-16). Whispering is a greater sin than contumely or defamation, since honor is less esteemed than friendship, and reputation is only a means to friendship.

(b) Moral Species.--Generally, whispering is a sin against justice on account of the unjust means (e.g., force, fraud, lies, detractions) to which it resorts; but from its nature it is only a sin against charity, for the injured party has no strict right to friendship, which is a free relationship that may be terminated at will by either of the parties.

2105. Circumstances Which Affect the Species of Whispering.--Is the species of whispering changed by circumstances?

(a) The theological species is changed when the sinful act is imperfect in malice (e.g., when the whisperer had not reflected well on the evil that would be caused by him), or when the harm done is slight (e.g., when no enmity was caused and the friendship broken up was not strong or important to the friends). It is not a small matter, however, to destroy friendships that are very necessary, such as the friendship between husband and wife, between parent and child.

(b) The moral species is not subdivided, for, though there are different kinds of friendships (see 1111), whispering is not directed against the special features, but against the general character common to all of them, namely, unity of soul and mutual affection. Hence, the whisperer is not obliged to mention in confession whether the friendship he broke up was based on utility, or pleasure, or virtue. It is clear, however, that a new species may be added to whispering. Thus, he who separates husband and wife, intending to secure the wife for himself, is guilty also of adultery; he who separates a business man and his patrons, intending to attract the trade to himself, is guilty also of theft; he who separates ruler and subjects by his whispering, is also guilty of sedition, etc.

2106. Derision.--Derision is a jest that reproaches another with some defect or evil in order to put him to confusion.

(a) It is a jest, that is, it is spoken in fun and consists in making the defects of another person the object of laughter or amusement. Thus, it differs in manner from contumely, detraction and whispering, which are spoken seriously.

(b) Its purpose is the confusion of the person ridiculed, that is, it intends to take from him the good opinion that he is entitled to have of himself and the peace of conscience that he enjoys. Thus, it differs in object and purpose from the other injurious words hitherto considered (see 2009). The intention to put another person out of countenance by ridicule is either formal or material, according as the purpose before the mind is to disconcert that person, or only to have one’s joke, though one sees that this will mean shame and suffering for the victim of the joke.

2107. Distinction between Derision and Jesting.--Moderate jesting at another’s expense is not derision, nor sinful, if it is justified by a reasonable motive. (a) Thus, a serious motive for jesting at another is fraternal correction. To ridicule a person who is making a fool of himself is often the best way to correct him, for many persons are less moved at being called wicked than at being called absurd. Similarly, a satirical rebuke sometimes serves to abash a person who has an exalted opinion of himself. In such cases a truth spoken in jest is an act of charity to a sinner. (b) A playful motive for jesting at another is recreation. The good-natured exchange of banter about trivial defects between persons who enjoy this give and take is a reasonable form of amusement in itself; indeed, it pertains to the virtue known as eutrapelia. But some persons who enjoy a jest at the expense of another are extremely sensitive to ridicule and fly into a rage if fun is poked at themselves, or even if they suspect that someone is laughing at them.

2108. Even jesting whose purpose is good may be sinful on account of the offensive or immoderate way in which it is conducted (see 2010). There are three general forms of jest, but they do not constitute distinct species of sin when jest is unlawful, since the difference between them is accidental as far as morality is concerned.

(a) Thus, jest of the mouth is one that is made by words or laughter.

(b) A jest of the face is made by the expression of the countenance (e.g., by wrinkling up the nose, sticking out the tongue).

(c) A jest of act, or practical joke, is some trick played on another, horseplay, and the like.

2109. The Sinfulness of Derision.--(a) When the derider makes light of a grave evil, he commits a mortal sin, for he shows grave contempt towards the person derided, treating the latter as if he were entirely worthless--one whose misfortunes were matters for joke. Indeed, derision is a more serious injury than contumely, for the contumelious person treats the evil of his neighbor as something serious, whereas the derider makes sport of it and is thus more insulting. In Scripture grave punishment is threatened to deriders: “God shall scorn the scorners” (Prov., iii. 34). But if an evil grave in itself is commonly looked upon as light on account of the inferior condition of the person who has the defect (viz., because he is an infant or an idiot), there is no grave sin of contempt.

(b) When the derider makes light of an evil that is really light, there is no contempt shown, but there may be serious embarrassment caused to the person derided. For the peace of a good conscience is a great blessing (“Our glory is this, the testimony of our conscience,” II Cor., i. 12; “A secure mind is like a continual feast,” Prov., xv. 15), and that which disturbs it can be a serious distress and harm. If the butt of the joke does not take the matter much to heart, the sin is venial. But should he suffer great mental pain or disturbance on account of the ridicule, the quality of the sin is disputed. Some think that mortal sin is committed, if the derider foresees the serious evil that will ensue; but others hold that the sin is venial, since it is the over-sensitiveness of the person derided that accounts for his great discomfiture of mind.

2110. The gravity of the sin of derision is increased by the object against whom it is directed; for the greater the reverence due a person, the greater the injury shown by making a mockery of him.

(a) Thus, the worst form of derision is that which is directed against God, and it is not distinct from blasphemy. Hence, Isaias (IV Kings, xix. 6) calls the deriders of the God of Israel blasphemers, and St. Luke (xxii. 64, 65) says that the soldiers who gave Our Lord a mock coronation spoke in blasphemy.

(b) Next in gravity is derision of parents, and Scripture declares the special horror of this sin: “The eye that mocketh at his father, let the ravens of the brooks pick it out and the young eagles eat it” (Prov., xxx, 17).

(c) Finally, there is a special enormity in derision of saintly persons, for virtue deserves honor, and those who dishonor it deter men, as far as in them lies, from cultivating or esteeming it.

2111. Cursing.--Cursing in general is the speaking of evil for some person or thing, that is, in order that the evil spoken may befall him or it. Thus, it differs from contumely and derision, which are the speaking of evil to another, and from defamation and whispering, which are the speaking of evil against another. Cursing is also different from prediction of evil, and some passages in the Imprecatory Psalms, though couched in terms of malediction, are prophecies of the future, rather than curses. An example is Psalm cviii, which foretells the fate of the traitor Judas. Cursing is expressed in two ways:

(a) imperatively, when one pronounces with authority that punishment is to be inflicted or evil visited upon some person or object. In this way God decrees eternal or temporal penalties against sinners, judges sentence criminals, and the Church anathematize the contumacious;

(b) optatively, when one who has not the power or authority to command punishment, expresses the wish that misfortune or evil of some kind may overtake a person or thing. Examples are: “Bad luck to you,” “May you break your leg,” “The devil take you,” “God damn you.” A curse made in the form of a prayer is called an imprecation.

2112. When Cursing Is Not Sinful.--Cursing a person is not sinful when the evil which is ordered or wished is not intended as to the evil that is in it, but as to some good; for so the intention is directed to good, not to evil.

(a) Thus, evil may be ordered on account of the good of justice that is in it, as when a judge decrees capital punishment, which in its physical being is an evil, but morally is the vindication of justice and therefore a good. Some of the curses made by holy men in the Bible are of this character: they proclaim the just sentence of God, as when Elias called down fire from heaven upon his persecutors (IV Kings, i), and Eliseus cursed the boys that mocked him (IV Kings, ii. 24); or they express the submission of the human will to the just decree of God: “And the Levites shall pronounce with a loud voice, ‘Cursed be he that abideth not in the words of this law,’ and all the people shall say, ‘Amen’” (Deut., xxvii. 14, 26).

(b) Evil may be desired, if the intention takes in only the good of public or of private utility that is contained in it, as when one hopes a jury will find a dangerous criminal guilty, if one has in view, not the sufferings or death of the criminal, but the safety of the community. It is right, therefore, to wish confusion and defeat to the enemies of religion, of the Church, or of one’s country; it is lawful to pray God to visit a sinner with sickness that he may thereby be reformed or prevented from harming others. But in wishing evils one must remember that it is not always lawful to do what one wishes may happen in some lawful manner, nor is it lawful to wish a greater evil as a means of escape from a lesser evil (see 1308 sqq.).

2113. Sinfulness of Cursing.--Cursing a person is sinful when the evil ordered or wished is intended precisely as it is the hurt or loss of this person.

(a) From its nature this sin is mortal, since it shuts out the curser from heaven (“Neither cursers nor extortioners shall possess the kingdom of God,” I Cor., vi. 10), and it is essentially opposed to charity, being the natural expression of hatred (see 1296). But, other things being equal, optative cursing is less serious than defamation, for it is less harm to another to wish him evil (e.g., that he be defamed) than to inflict that evil on him.

(b) From the imperfection of the act or the lightness of the matter, cursing becomes at times a venial sin. The act is imperfectly deliberate when one curses in a sudden fit of temper; it is imperfectly intentional, when one curses in fun or from habit and does not really wish that the evils pronounced should be fulfilled. The curses, “Go to hell,” “God damn you,” are usually not meant or understood to express a wish that the person addressed be consigned to eternal punishment. Hence, they are generally in themselves venial sins only. But it should be remembered that venial curses of this kind may become mortal by reason of scandal (e.g., when parents habitually address such curses to their children, or other superiors to their subordinates), or by reason of irreverence (e.g., when children curse their parents). The matter of a curse is light when the evil spoken is harmful only in a small degree (e.g., to wish that a person may lose a small sum of money).

2114. Rules for Deciding as to Gravity of the Sin.--Persons who have expressed a grave curse against a neighbor are sometimes in doubt whether there was enough ill-will in the curse to make it a mortal sin. For such doubts theologians give the following rules:

(a) if the reason for doubting is that after the curse one cooled off and hoped that no evil would happen to one’s neighbor, mortal sin was committed during the curse, but the bad disposition quickly passed away;

(b) if the reason for doubting is that one is not sure about the state of mind one was in during the curse, a good index of that state of mind will be the feeling one has towards the person who was cursed. Thus, if one is well disposed towards that person, the presumption is that the curse was not meant except as an expression of anger; but if one is hostile to that person, the presumption is rather that the evil in the curse was really intended. If one is indifferent as regards the person whom one cursed, the presumption will follow what one is accustomed to desire in one’s curses, whether that be to give forceful expression to displeasure or to manifest a malevolent hatred.

2115. Circumstances Which Change the Moral Species of Cursing.--There are certain circumstances of person and objects which change the moral species of cursing, and which must therefore be mentioned in confession.

(a) Thus, by reason of difference in the persons cursed the species is changed, for where special love or reverence is owed a special sin is committed by hatred or irreverence. The gravest curse is that against God, which is the sin of blasphemy (see 887 sqq.). Next in wickedness is the curse against one’s parents, which is a sin of impiety.

(b) By reason of difference in the evils that are desired, the species is also changed, since the essential malices of the will and of the deed are the same (see 90, 242). In this respect cursing differs from contumely and detraction, for in these sins the evils spoken are not pleasing, but rather displeasing to the speaker (see 2103). Hence, he who wishes death to his neighbor commits murder in his heart, he who wishes loss of property is a thief at heart, etc. But if one curses a neighbor in a general way, without mentioning any particular evil, one sins by hatred.

2116. Numerical Multiplication in Sins of Cursing.--(a) By reason of the specific difference in the evils wished (e.g., death, disgrace, poverty), one is guilty of several sins by one and the same act; for, though the act is physically one, it is morally many, as was said in the previous paragraph. But some authors add that only one sin is committed if all the evils wished are united in the mind as expressions of the one sin of hate or as means of the one purpose of injury (see 217).

(b) By reason of the different persons cursed, one is also guilty of several sins by one and the same act, or at least is guilty of one sin that is equivalent to many; for he who curses a whole family or group, formally and expressly intends evil to each member, and thus he differs from a thief who steals from many persons, but does not will individual injuries (see 218).

2117. The Cursing of Evil.--(a) It is not sinful to curse evil as such, that is, to wish that sin or wrong may be defeated. Hence, it is lawful to pray against the evil spirits, the enemies of God and man. But it is sinful to curse any creature of God, even though he is among the lost, for the nature of every creature is good, since it comes from God.

(b) It is not sinful to curse evil tropologically, that is, to curse a creature of God that is taken to represent evil, as being its cause (e.g., Job cursed the day of his birth, the beginning of many evils), or location (e.g., David cursed Mount Gelboe, the spot where Saul and Jonathan were slain), etc. But it would be a sin to curse these creatures of God in themselves.

2118. It is not sinful to curse an irrational creature on account of its relation to man, if there is a sufficient reason to curse man himself (see 2112), either on account of the good of justice (e.g., when God cursed the earth as a punishment on Adam, when Christ cursed the fig-tree as a sign of the curse on Judea), or on account of the good of utility (e.g., when one wishes that the liquor ordered by a drunkard may be lost).

2119. Unlawful Cursing of an Irrational Creature.--(a) It is unlawful to curse an irrational creature, considered precisely as a creature of God, for in so doing one reflects on God Himself, and incurs the guilt of blasphemy.

(b) It is unlawful to curse an irrational creature, considered precisely in relation to man, if there is no just cause to curse man. Thus, if one wishes that a neighbor’s cattle may die, intending only the harm that will be done the neighbor, one is guilty of sinful cursing (see 2113).

(c) It is unlawful to curse an irrational creature, considered precisely in itself, for such an act is vain and useless. Those who curse the inclemency of the weather, the infertility of the soil, the stubbornness of mules or other animals, the uselessness of a tool, etc., do not generally speaking commit a grave sin, since they intend only to voice their impatience with conditions that are displeasing.

2120. Murmuring.--Murmuring is the expression of unjust discontent or complaint by inarticulate sounds or by secret words.

(a) It is unjust, and so it does not differ essentially from the sins of speech given above. If it is an injustice to honor, it is reducible to contumely; if it is an injury to fame, it pertains to defamation, etc. The injustice of murmuring results either from the thing complained of (e.g., a child murmurs against the just orders of its parents), or from the manner of the complaint (e.g., a subordinate complains against an unjust order, but angrily, contemptuously, or uselessly).

(b) It is made by inarticulate sounds (e.g., by whistling, grunting), or by secret words (e.g., in whispered, inaudible manner). This is an accidental difference between murmuring and other vocal sins.

2121. Fraud.--Having discussed the various kinds of injustice that are committed in involuntary commutations, we now pass on to the study of those injustices that are done in voluntary transactions (see 1748). These vices can be reduced to the following:

(a) injustices perpetrated against a person who is entirely unwilling (viz., theft and robbery), as when one steals an object that had been entrusted to one as a pledge or loan, or compels another, by fear or violence, to sign a contract unfavorable to himself and which he does not wish to agree to. It is unnecessary to speak of theft and robbery in contracts, since the same principles apply to them as to theft and robbery outside of contracts (see 1890 sqq.);

(b) injustices perpetrated against a person who is partly willing, since he consents to a contract, but is also partly unwilling, since unfairness or fraud is used against him. These injuries are of two general kinds: fraud, a sin committed in buying and selling and other contracts in which payment is made for some valuable consideration; usury, a sin committed in the loan of money in which payment is made for something that is nonexistent.

2122. Definition of Fraud.--By fraud (see 1677-1679) we here understand any unlawful conduct on the part of one party to a contract that puts the other party under a disadvantage in agreeing to the contract (e.g., misrepresentations about the excellence of merchandise), or that takes away the equality that should exist between the parties (e.g., an excessive price charged for merchandise; see 1750). The contract of sale is the type of all onerous contracts (see 1749), and to it all the others, whether certain or aleatory, can be reduced, for in every one of them there is a thing that is purchased (e.g., in aleatory contracts the hope of securing some prize), and a price that is paid for the object of purchase. Hence, it will suffice to speak of the frauds that are committed in sales, and the same principles that govern these can be applied to other kinds of contract.

2123. Two Kinds of Injustices in Sales.--Equality between the buyer and the seller requires that each give the other a good equivalent for what he receives. Hence, the injustices committed in sales are reducible to two kinds: (a) injustices in the prices charged or paid; (b) injustices as to the goods furnished or taken.

2124. Injustice Regarding the Price.--Sin is committed in reference to the price charged as follows:

(a) by fraud, when one of the parties uses deception against the other party in order to charge more or pay less than is fair; for one who is party to a contract has the right that no lying or trickery be used against him, a contract being an agreement to which knowledge and consent are requisite;

(b) by overcharge or underpayment; for sale has for its purpose the mutual advantage of the buyer and seller, and hence one of them should not be overburdened for the advantage of the other, but the burdens and benefits should be equally distributed. Hence, it is unjust to sell an object for more than it is worth, or to buy it for less than it is worth.

2125. The Criteria of a Just Price.--(a) The constitutive norm of a just price is not merely subjective, that is, the fairness does not depend on the arbitrary wishes or on the special needs of the contractants, or on some monopoly which controls the prices; it is objective, that is, founded on the value of the thing sold, its capacity to be of benefit and satisfaction to its possessor, its rarity, the amount of labor put into its production and care, etc.

(b) The manifestative norm for commodities that are in common use (such as the necessities of life and the more usual luxuries) is the common judgment expressed either in law (legal price) or in the free custom of buyers and sellers at a particular place and time (market price); for objects that are not in common use and that have no settled price (e.g., rare archeological finds, ancient documents or paintings) the norm is the prudent and free judgment of the parties, or the decision of an expert chosen by them.

2126. The Obligation of Observing Prices Settled by Law Or Custom.--(a) The legal price (e.g., in some countries the prices on government monopolies, such as tobacco and salt), which in modern times is rare, is ordinarily obligatory in virtue of commutative justice, since its disregard harms one of the parties to the sale. But in exceptional cases the price may for reasons of equity be no longer obligatory (e.g., when the lawgiver does not insist on its observance).

(b) The market price is ordinarily of like obligation, and for the same reason. But it should be noted that the current price allows of some latitude, since the common estimate does not agree on exactly the same figure, and hence there is a highest, a lowest, and an average price. Injustice is done when one sells above the highest market price, that is, when one charges a sum notably in excess of that charged by others at the same place and time; or when one buys below the lowest market price, that is, when one pays a sum notably less than that paid by other buyers. St. Alphonsus gives as a rule that when a commodity is valued at 5, it may be sold for 6 or bought for 4; when valued at 10, it may be transferred or acquired for 12 or 8; when valued at 100, it may be exchanged for 105 or 95.

2127. When the Market Price May Be Disregarded Without Injustice.--In some exceptional cases one may disregard the market price without injustice, if there are reasons that justify this.

(a) Reasons that rest on the matter of the contract are that the thing on sale has increased or decreased in value (e.g., the merchandise is of extraordinary excellence or rarity), or that the contractant would lose or risk loss from the sale itself by keeping to the market price (e.g., the buyer would by his purchase deprive himself of money that could be used more profitably in another transaction; the article if sold would have to be replaced by the seller at a higher price; the vendor by waiting can make a better sale later; the object which a person wishes to purchase is especially prized by the owner and cannot be duplicated). In these cases, however, the vendor should give notice to the buyer that for special reasons a higher price is being asked, so that the latter may have the choice of going elsewhere, if he prefers.

(b) Reasons that rest on the manner of the contract are that certain exceptional forms of sales are justified by law or custom and do not violate basic justice. Auction sales are of this kind, and, if the conditions of aleatory contracts are observed so that the risk will be equal on both sides, it is not unfair to take a price above the highest current price or to bid and buy below the minimum price.

2128. If the reason for the increase is the accommodation of the sale itself to the purchaser, because he specially prizes the article, does it justify an increase above the market price?

(a) If the article has become of greater value to many because of its own worth, the market value has also risen, and one may raise one’s price; but if its greater value to many is due only to public distress, as in time of war, it would be a cruel form of injustice known as profiteering to raise the price exorbitantly.

(b) If the article has become of greater value to one person only, the seller may not raise his price for that reason, since the special worth the article has is not inherent in it, and hence it may not be sold by the owner as if it were his own possession. If, however, the purchaser wished to add something as a free gift, there would be no objection to his doing so. The same principles apply to the purchase of an article at less than its value, for the sole reason that ready money has special value for the seller.

2129. Unjust Sales Based on Ignorance of Real Value.--There are also cases in which an object is purchased at an unjust price because its true value was unknown to the contractants or was hidden.

(a) If the value was unknown on account of substantial error (e.g., a woman buys paste ornaments, thinking they are genuine diamonds), the contract is invalid; if it was unknown on account of the individual error of a contractant (e.g., a woman buys a diamond of great value for a few dollars, because the seller did not know the value of the jewel), the contract is unjust; if it was unknown on account of public error reflected in the current price (e.g., an art dealer buys at a low price a masterly painting, because his superior judgment enables him to recognize in it qualities which others did not perceive), the contract is both valid and just. It is also lawful to buy at the present prices when one knows from sources that one can honorably use that the objects purchased will soon rise greatly in value, for one is not bound to share with others one’s personal knowledge.

(b) If the hidden value is no man’s property or is abandoned (e.g., a man buys a field in which he, but not the owner, knows that a treasure is concealed, or he buys a goose and finds gold pieces in its stomach and cannot discover how they got there), the buyer is entitled to acquisition; but if it has an owner who can be discovered (e.g., a man buys a coat in a second-hand store and discovers a large quantity of money in bills sewed inside the lining, and is able to trace back the coat to its former wearer, if he tries), the buyer is bound to restitution.

2130. Obligation of Restitution on Account of Unjust Prices.--(a) Unjust Possession.--If there was bad faith without fraud, the seller should restore the difference between what he received and the highest current price, the buyer the difference between what he paid and the lowest current price. Overcharges or underpayments in conventional prices should be compensated for according to a reasonable standard, such as the decision of the experts.

(b) Unjust Damage.--If there was bad faith and fraud with resultant damages to one of the parties, the losses should be made good, even though the just price itself was not violated by excess or defect (see 1762).

(c) Nullity.--If there was good faith on both sides, there is no obligation of restoration, unless we suppose substantial error, lack of proper consent, conditional agreement, etc., which make the sale null or rescindable (see 1725).

2131. Injustice Regarding the Thing Sold.--Having spoken of the injustices committed in reference to the price, we shall now treat of the injustices committed in reference to the thing sold. The contract supposes that the thing sold be of a certain character, and hence injustice is done if one of the parties wilfully misleads the other about that character.

(a) Thus, the species of the thing sold enters into the contract, and so it is unjust to deceive another person about the nature of the thing that is being sold (e.g., if the seller gives inferior substitutes or adulterated goods to those who desire the genuine and pure article, or if the buyer deceives an inexperienced merchant into thinking that the high-grade clothing material he has for sale is low grade).

(b) The quantity of the thing sold is also a part of the contract, and it is unjust to take advantage by giving less or taking more than is agreed on: “Thou shalt not have divers weights in thy bag, a greater and a less, neither shall there be in thy house a greater bushel and a less” (Deut., xxv. 13, 14).

(c) The quality of the thing sold belongs to the contract, and hence there is fraud if one of the parties deceives the other about it (e.g., if the horse sold is sickly or slow, when he is supposed to be healthy and speedy).

2132. Defects in the Thing Sold.--If there are defects in an article sold, but a fair reduction in the price is made on account of the imperfection of the article, there is no injustice in the price. But the seller is unjust, nevertheless, if he conceals the defects in spite of a contrary condition in the contract, for he injures the buyer by leading him into an agreement against his will.

(a) There is an indicated condition when the buyer inquires whether there are defects in the article, having the intention to take nothing that has any considerable defect. In such a case if the seller conceals even an accidental defect (i.e., one that makes the article less suitable for the buyer), the contract is null on account of lack of consent, or at least, as others think, it is rescindable on account of the fraud practised. But if a defect is inconsiderable, the contract, unless it is expressly stipulated to the contrary, is good and lawful, for there is hardly anything that has not some small defects.

(b) There is an implied condition when the buyer makes no inquiry, but there is a substantial defect (i.e., one that makes the article dangerous or unsuitable for the purchaser), and this defect is hidden, either because it is of a kind that would escape most persons, or because the purchaser is inexperienced or unable to perceive it for himself. Since every person who buys intends to get something useful, there is no consent and the contract is invalid, if one is given something harmful (e.g., corrupted or poisonous food instead of good food), or something entirely useless to him either for service or for sale (e.g., a lame horse instead of a sound horse for one who deals in race-horses).

2133. Circumstances in Which Defects Need Not Be Revealed.--Fairness of price being supposed, the seller is not unjust in not calling attention to defects in the thing he sells, if the buyer does not ask about defects and there is no implied condition that the seller should volunteer the information. This happens as follows:

(a) if the defect is hidden, but only accidental, there is no condition that the seller shall point out the defect, for the understanding is only that the buyer shall receive something serviceable at a fair return for his money, Nevertheless, most merchants wish to please the public and will take back or exchange an article that is not satisfactory;

(b) if the defect is open, but accidental, there is no condition that the seller shall instruct the buyer about things that the latter can and should observe for himself; for it is supposed that the buyer will exercise ordinary care and prudence in making purchases, nor is the seller paid for supplying this, nor for assisting the buyer to make good bargains. Thus, if a man were to buy a one-eyed horse, because he had not examined the horse, he should blame his own negligence, not the silence of the seller, for his bad bargain.

2134. Definition of Trading.--Trading (negotiatio) in the strict sense is the purchase of an object with the intention of selling it unchanged at a profit. If any one of the conditions mentioned in this definition are lacking, there is trading in a wide sense. (a) Thus, trading includes purchase, and hence he who sells the produce of his own farm or vineyard is not strictly a trader; (b) there must be an intention of reselling the thing bought, and hence there is trading only in a wide sense if one buys an article for one’s own use but, finding it unsuitable to that use, sells it to another person; (c) the object must be sold unchanged, that is, in the same form in which it was received, otherwise there is not strict negotiation, as when one buys colors and canvas and makes them into a picture; (d) the object must be sold at a higher price than was paid for it, and hence it is not trading in the strict sense to let a customer have an article for just what it has cost oneself.

2135. The Morality of Trading in the Strict Sense.--(a) In itself, trading has the appearance of evil, inasmuch as money-making may be an encouragement to avarice. But in reality profit as an end is morally indifferent, neither good nor bad, and all will depend on the ultimate reason for which one engages in business. He who makes the whole purpose of his existence the acquisition of gain is a materialist, but he who has some higher end, such as public benefit or private maintenance, is virtuous in his aims. (b) For clerics, trading is forbidden by Canon Law (Canon 142), and the reason is that clerics should be free from the distractions and dangers of commerce, so as to devote themselves entirely to their own spiritual duties (II Tim., ii. 4).

2136. Usury.--The sin of usury is committed in two ways.

(a) Usury in the strict sense is the taking of interest by reason of intrinsic title (i.e., on account of the use) for money or other fungible loaned on condition that it be restored in kind (mutuum). This is unjust since it exacts payment for that which is nonexistent, that is, for use, as a distinct value, of a fungible whose only value is in its use (see Aristotle, Politics, Bk. I, Ch. 10, 1258b 2-8; St. Thomas, Summa Theologica II-II, q. 78, a. 1). This was the opinion of most medieval theologians based on the fact that money was solely a medium of exchange. Interest was permitted, however, on the grounds of extrinsic titles, e.g., compensation for the expense of a transaction (damnum emergens), the loss of opportunity to make good bargains (lucrum cessans).

(b) Usury in the wide sense, which is all too common, is the taking of interest for a fungible loaned at mutuum, where there is an extrinsic title (e.g., the loss or inconvenience suffered by the lender) for the interest, but the rate charged is unjust, exceeding that fixed by law or that which is fair and reasonable (see Canon 1543). This is unjust when the lender takes more than his loan is worth; it is uncharitable when the lender does not demand more than the worth of his loan, but does exact what is due in a heartless manner. Examples of usury in the wide sense are the acts of loan sharks who take advantage of the distress of the poor to make them pay enormous interest for small loans, or who hold the debtor to the strict letter of the agreement at a great loss to him.

In recent years a new concept of usury in the wide sense has emerged. It is based upon the fact that in modern times the function of money has changed. In ancient times it was solely a medium or measure of exchange that could not be turned easily into capital. With the emergence of the capitalistic system, opportunities for investment increased, and money assumed the role of a factor of production. Money assumed a new value and function: it became virtually productive, and so today money does fructify. To place money, then, at the disposal of another to be employed in profitable ventures constitutes an economic service and, as such, is worth its price as any other service. This price of money constitutes modern interest, which seems to differ radically from the old contract of interest and to be more one of hire or lease. So viewed, interest, or the price of money, is determined in the same way as the price of any other service; the unjust price, or usury, is an excessive price. This is the modern concept of usury.

2137. Principles Obligatory in All Forms of Contract.--The principles of equality and honesty that are morally obligatory in sales and loans at interest are also obligatory in other forms of contract. The following are examples of equality.

(a) Gratuitous Contracts.--Obviously these contracts do not require equality in respect to recompense, since their nature is that no recompense is given for what is received. But in other ways equality must be observed. Thus, there must be mutual consent, offer on one side and acceptance on the other; there must be mutual respect, for each must honor the gratuitous promises made to the other; there must be a return of the same thing in quality and quantity as was borrowed, unless this would mean (as in mutuum) a loss to the borrower, etc. Moreover, the fact that all the advantage is received by one party is balanced by the fact that this party must bear the ordinary expenses and is held to special care himself, but cannot exact special care in the other party. Thus, a borrower has all the advantage from a loan, and he is obliged to use extreme care in using the lender’s property, while a depositor has all the advantage from the contract of deposit and cannot demand more than ordinary diligence of the depositary in guarding the goods left with him.

(b) Aleatory Contracts.--Aleatory contracts, or contracts of chance, are concerned with some uncertain event whose outcome depends upon luck or skill or a combination of both. The chief forms are betting, lottery and gaming (all are considered as gambling), to which must be added insurance and market speculations. All of these are indifferent in themselves and obtain their morality from circumstances. However, gambling, besides conforming to the requirements of contracts in general, must observe some special conditions to guarantee its lawfulness:

1) The outcome should be objectively uncertain and not a “sure thing” to be truly a contract of chance. While the contractants may be subjectively certain of winning, neither may so manipulate the matter as to exclude the other’s chance of winning. Should one insist upon betting against another’s assurance of a certain outcome, he is making a gift, hardly a bet.

2) Each must stake what belongs to himself and is not needed for satisfying other obligations, e.g., supporting one’s family, paying creditors, etc. Failure to observe this condition leads to many sins of theft or negligence. Should a person gamble with money belonging to another, per se he has a right to the winnings under the title of industrial fruits. However, if it would be impossible for him to restore in the event of a loss, the wager is void and the winnings must be restored to the other player, since the amount bet could not be lawfully won by the other contestant.

3) A reasonable proportion should be observed between what is bet and the probable winnings, and all betting should offer a fair chance of winning. Equality is not necessary, but odds and handicaps should be offered by the favored side. However, the odds may be waived by other bettors.

4) Honesty must prevail to exclude fixing the outcome or an unlawful style of play. The conventions of each bet or game establish the norms of cheating. Thus, hidden cards, marked cards, false dice void a bet. But running a horse solely to “tighten him” or “round him into shape” without full effort to win is expected in horse racing. Winnings through cheating must be refunded.

5) The loser must pay. Since civil law forbids many forms of organized gambling, the question arises whether a wager that has been outlawed constitutes matter for a valid contract that must be fulfilled. If the law is purely penal, the contract is valid and the obligations ensue; if it is a law that binds morally, then the contract is invalid, and the loser probably need not pay, but has acted sinfully in gambling.

Although not sinful in itself, gambling is so open to serious abuse that it has been strictly regulated by civil laws which bind in conscience.

Insurance is reduced to the category of contracts of chance, although its purpose is different from gambling, for it is concerned not with an uncertain good, i.e., to make money quickly, but with an uncertain evil, i.e., to avoid loss. In many instances an individual who does not take out insurance gambles more than one who does.

Conditions Requisite for Validity. The special conditions requisite for the validity of an insurance contract are founded upon its aleatory nature. This involves especially that the matter of the contract is in some way outside the control of both insured and insurer and beyond their power, both legal and moral, to govern beforehand. From this follows the second essential condition, that there be some risk for both parties. Some moralists today maintain that many insurance contracts are unjust to the insured by reason of defect of proportionate risk on the part of the insurer. They argue that the insurer avoids all risks and makes increasing profits annually whenever insurance is on such a large scale that the use of statistical tables favors the insurer. The fact that insurance companies are listed among the most wealthy corporations lends credence to the argument and explains why some moralists favor the insured in cases of restitution not involving fraud on the part of the beneficiary. Other moralists insist that such injustice can not be proved, that high profits are owing to increased efficiency and better service, that premiums are adjusted when it becomes apparent that they are out of proportion to the risks involved by the insurers.

On the part of the insurer is required the ability to pay indemnities occurring at the normal rate, but not to cover all at once. His right to the premiums is correlative to the obligation to pay the stipulated indemnities, while his liabilities are based upon probable losses occurring successively. In regard to the insured, his basic obligation is to make an honest and complete disclosure of the risk involved. Moral cases, for the most part, are concerned with error, innocent misrepresentation, and fraud on the part of the insured. Both the natural and civil law indicate the effect of these elements on an insurance contract.

The natural law invalidates a contract in which consent of one or both parties arises from substantial error concerning the nature or the matter of the contract--in insurance, the risk involved. In general, then, whenever the error of the insured is such that he would not have contracted had he known the facts, the contract is invalid, even if the error was due to innocent non-disclosure or misrepresentation on the part of the insured. In such cases, the innocent insured has no right to the indemnity owing to the invalidity of the contract; he has, however, a natural right to all premiums paid out, since no contract is involved and the insurer has no claim to them. In case of fraud, at least after judicial decision, the insured would have no right to the premiums and must also recompense the insurer for expenses sustained.

Error is considered accidental and as not invalidating in natural law when the insurer, knowing the facts, would have issued a policy, but at a higher premium. In this case the beneficiary may accept the indemnity, but must return the difference in the amount owed in premiums.

A special case of substantial error involving a disease unknown to the insured and undiscovered or undiscoverable by the insurance company doctors is considered by moralists as not invalidating a contract in natural law. It is argued that the insurer must assume such risks and that the insured intends to cover such unknown conditions. Moreover, an invalidating clause concerning such a contingency may be considered penal in nature and obligatory only after the sentence of a judge.

Insurance contracts and the civil laws governing them are so complicated that expert legal knowledge is required to understand the legal status of many insurance cases. However, a few dispositions of the civil law which differ from the tenets of the natural law should be kept in mind by the priest or confessor in dealing with the matters. Two favor the insurance companies over the insured:

1) when fraud or misrepresentation lead to accidental error, the contract is declared void or voidable;

2) innocent non-disclosure or misrepresentation in good faith leading to accidental error also render the insurance contract voidable or perhaps even void. It is probable that the beneficiary in such cases might be permitted to claim the benefits due him according to the naturally valid contract, since these civil law dispositions are contrary to the conclusions of the natural law. He would be obliged, however, to restitution for damages caused by his fraud or misrepresentation committed with grave theological fault.

One prescription recognized by civil law and in some places made mandatory favors the insured, the convalidating or incontestability clause. The insurance company recognizes the validity of the policy after a specified period of time has elapsed, even in cases involving fraud on the part of the insured. If the contract prior to the time was voidable, the company loses its right to contest its validity; if the contract was void, it becomes convalidated. By terms of this clause, the natural-law obligation to restore by reason of fraud ceases and the beneficiary may lawfully keep the insurance money.

Obligations Arising after the Policy Is Issued. 1) The insured must pay the premiums at the times and according to the terms stated in the policy.

2) The insured must not increase the risk assumed by the company. Concretely, in cases of property insured, the insured is bound in commutative justice not to deliberately destroy or damage the property covered by the policy under penalty of losing all rights to compensation. Compensation could be claimed, however, if the damaging or destructive action was only theologically right.

3) He must not claim or accept indemnity for articles not damaged; he must not submit a claim beyond a just estimate of the real damage. Some moralists maintain that a claim may be made for a higher amount with the intention of getting a just value after the insurance adjustor has made his investigation and lowered the estimated value. The adjustor’s estimate, even if higher than the insured estimate, may be accepted provided no means have been taken to prevent a full and free examination of damage.

Operations on the stock market and similar markets are primarily contracts of buying and selling; they become contracts of chance when they assume the quality of speculation, i.e., gambling on future changes of prices. It is generally conceded that such contracts are not morally wrong in themselves and follow the laws of betting. Additional justification is added on the ground that such transactions in many instances supply the capital required for large-scale operations, future deliveries, etc. Occasional dissenting voices insist that certain aspects of such transactions, e.g., dealing in future values of wheat, rye, and other commodities, are immoral since they tend to determine prices independent of the real value of the products, the laws of supply and demand, etc. However, the arguments seem to involve more abuses controllable, if not actually controlled, by marketing laws and civil laws rather than any immorality in the operations themselves.

(c) Onerous Contracts.--These contracts require that there be equality between the recompense and the thing received. Thus, in a lease the lessor must not charge excessive rent, and the lessee must pay the rent faithfully; in a contract of labor, the employer must pay a fair wage (that is, one that at the minimum will meet the primary needs of the worker and his family to live in frugal comfort, and which will moreover equal the special value of the service given; for a complete treatment of the theology of the just wage, see Fr. Jeremiah Newman, “The Just Wage,” Theology Digest, Vol. 2, Spring 1957, pp. 120-126, and “A Note on the Living Wage,” by Edward Dui, S.J., in the same issue), and the laborer on his part must give a fair day’s work as to quantity and quality; in partnership, the members must divide the profits and loss according to a reasonable distribution; in guaranty, pledge, and mortgage, justice requires that the burden assumed be not out of proportion to the benefit that is received.

2138. Fraudulent Contracts.--Examples of fraud in contracts are the following:

(a) in gratuitous contracts, a donee who by false representations obtains a gift, a lender who fails to make known to the borrower defects or dangers in the thing loaned;

(b) in onerous contracts, a landlord who conceals defects from one who is renting a house, members of a business concern who keep back information from partners or who give out false statements in order to entice investors, creditors who conceal their knowledge about the unreliability of a man for whom surety is given them;

(c) in aleatory contracts, in a pure wager, a person who bets on a thing supposed to be uncertain but about which he has certain information, or who knows that he will be unable to pay should he lose, or who will allow no odds though he knows that the probabilities are in his favor; in gaming, a player who pretends to be ignorant in order to inveigle another person into a game of skill, or who does not observe the rules of the game, or who fixes the cards or dice for himself in a game of chance; in lottery, a drawer who manipulates the lots so as to favor some of the players, etc.

Art. 5: THE QUASI-INTEGRAL AND POTENTIAL PARTS OF JUSTICE; THE VIRTUE OF RELIGION AND THE OPPOSITE VICES

(Summa Theologica, II-II, qq. 79-100.)

2139. The Quasi-Integral Parts of Justice.--The integral parts of a virtue are certain functions necessary for the perfect use of the virtue; for example, memory, perception, docility and quickness are needed for the fullest exercise of prudence (see 1648 sqq.). These parts are called here “quasi-integral,” so as not to be confused with the properly integral parts, or divisions of quantity, in a material composite. In its first use “integral part” is spoken of bodily things; in its derived use of incorporeal things (such as virtues). The two previous articles treated the subjective parts of justice; the present article will begin with a consideration of the integral parts and the opposite sins.

2140. The integral parts of justice are expressed in the words of Psalm xxxiii. 15--“Turn away from evil, and do good”--for the perfectly just man will both establish the equality of justice by giving others their dues, and will preserve that equality by refraining from injuries.

(a) Thus, these integral parts are acts of virtue, and hence the avoidance of evil here is not a purely negative attitude; it includes a positive repudiation by the will of all wish to harm others, and it is exercised especially when one is attacked and yet refuses to resort to injustice.

(b) These integral parts of justice are also distinct, one from the other. The other moral virtues regulate the passions by bringing them to the moderation that lies midway between two evil extremes, and hence in respect to those virtues to turn away from evil is the same thing as to do good. But justice regulates human operations and external things both by reducing them to due equality and also by avoiding that which upsets the equality, and thus in the matter of justice it is one thing to do good, another thing to avoid evil.

(c) These integral parts of justice are also special, that is, they are distinct from other virtues. For, while every virtue turns away from evil and does good, the two acts we are now considering do these things with the express purpose of fulfilling justice. Thus, he who observes the commands and prohibitions of the law in order to render to God and the common good their dues, is perfect in general or legal justice; he who gives to other individuals what is owed them and also avoids doing them injury, is perfect in particular justice. To the two integral parts of justice are opposed the two sins of transgression and omission (see 35-39).

2141. The Potential Parts of Justice.--The potential parts of justice, that is, its annexed virtues, are those good habits that are subsidiary to justice, partaking in some degree, but not entirely, of its nature or activity. We saw above (1664 sqq.) that wise deliberation and wise decision belong to prudence, inasmuch as they are concerned with the government of conduct by reason, but that they fall short of its principal act, which is wise direction, and hence they are counted as potential parts. In like manner, there are a number of virtues which must be assigned to justice, since they regulate man’s will towards others, but which must be considered as its potential parts, because they do not share in one or the other of the two remaining essential notes of strict justice, namely, that a return is given which is equal to a debt, and that the debt is owed on account of a strict or legal right (see 1692).

2142. In the following enumeration are given the chief potential parts of justice in which there is a strict debt, but not an equal repayment.

(a) Thus, to God man owes whatever honor and veneration he manifests, but with all his efforts man can never pay to God a worship that is equal to the debt. Thus, man cannot sufficiently thank God for His benefits: “What return can I make to the Lord for all that He has done for me?” (Psalm cxv. 12). The virtue of religion, therefore, is a potential part of justice.

(b) To parents children cannot make a full return for the benefits of life and upbringing, and the same may be said of one’s country: “A due return is out of the question in honors paid to the gods and to parents ... but a person is considered to be virtuous if he pays such regard as lies within his power” (Aristotle, Ethics, lib. VIII, cap. 16). Hence, the virtue of piety is also a potential part of justice. In exceptional cases, however, a child may make an equal or even a greater return to his parents for the benefits received from them; for example, by saving his father from death he makes an equal return for the benefit of life, and by converting his parents to the faith he gives them spiritual life, which is more valuable than the natural life he received from them.

(c) To men of virtue we are unable to make a sufficient return for the good they do us by their instruction and example, and hence the honor we show them is less than the benefit we receive from them. The virtue of reverence (observantia) is then a potential part of justice.

2143. Degrees of Moral Debt.--The remaining potential parts of justice are those in which there is not a legal debt, which is enforced by some law, but a moral debt to which one is obliged from the decency or the greater decency of virtue. There are, then, two degrees of moral debt.

(a) A moral debt is more urgent, when without its fulfillment one cannot keep to the decency of virtue, that is, one cannot preserve the character of a virtuous man. Thus, if a moral debt is considered from the side of the debtor, he is obliged to show himself in words and deeds to others what he really is, has been, or intends to be (virtue of truthfulness); if the debt be viewed from the side of the creditor to whom some recompense is owed, there is the duty of gratitude to him for his benefits and of punishment for his injuries (virtues of gratitude and vindication). These parts of justice just mentioned are readily distinguishable from acts that pertain to general or particular justice and that are owed as legal debts. Thus, truthful testimony on the witness stand is a legal obligation, for the person who questions has a strict right to hear the truth; but veracity in social intercourse, or the habit of speaking the truth to others, is a moral obligation, one imposed by God but not enforced legally. Compensation for services bestowed according to contract is a legal duty, and the debtor can be compelled to pay; but thankfulness for gifts or other benefits is only a moral duty, and generally laws do not take account of ingratitude. Punishment of a delinquent by public authority is an act of commutative justice; but punishment meted out by a private person in self-defense, who appeals to the law or who forcibly but lawfully repels an injury, is an act of a virtue annexed to justice.

(b) A moral debt is less urgent, when without its fulfillment one can preserve virtue, but not the more becoming or more perfect course of virtue. The chief examples here are the virtues of friendship or affability and of liberality. To treat others in a friendly manner and to make oneself agreeable in company is suitable, not chiefly because of any benefits one has received from others, but because one is better for this oneself and by it the ways of life are made easier for all. Likewise liberality is not due, but it shows a better disposition as to money and other temporal goods to be willing to distribute them to others willingly and generously. Without friendship and liberality the peace and harmony of social intercourse may be maintained, but with them it is maintained more easily and receives an added grace and distinction.

2144. Epieikeia.--The above-mentioned potential parts of justice are adjuncts of particular justice. There remains one more virtue to be noted, that of epieikeia or equity, which pertains to legal justice. This is a subjective part of justice, since it is the superior function of legal justice, guiding it to follow what is substantial right, and preserving it from the danger of mere legalism or over-strict interpretation or application of Written law (see 358). With this, the crowning virtue of justice, the enumeration of its parts is brought to a close.

2145. The Virtue of Religion.--We shall now proceed to treat of the various parts of justice in the order in which they were given above (2142-2144), beginning with the virtue that renders to God His due. Religion (holiness) is defined as “a moral virtue that disposes us to offer to God the worship and honor that belong to Him as the supreme Author of all things.”

(a) Thus, religion is a moral virtue, for, though it tends towards God, it is not numbered among the theological virtues, but among the moral virtues, being one of the potential parts of justice.

(b) It is an inclination, that is, it is a habit of the soul or the exercise of that habit in some act. The acts of religion are either elicited by it or commanded by it, according as they are its own proper activities and proceed directly from it and are directed immediately to God (e.g., acts of adoration, sacrifice, prayer), or belong to some other virtue employed by religion for the honor of God; for example, to visit the widows and orphans in their tribulation is an act of mercy, to keep oneself unspotted from this world is an act of temperance, but when used for the honor and glory of God these acts are also acts of religion (James, i. 27).

(e) It is paid to God, that is, being an act of justice, it renders to another what is His due. Religious honor given the saints or sacred images refers to God, for whose sake they are venerated.

(d) It is paid to God as the Supreme Being, that is, just as we are bound to tend to God and to serve Him, because He is our Last End, so are we bound to honor Him, because He is our Maker and Ruler.

(e) It offers to God the tribute of worship, that is, some internal or external work done in acknowledgment of God’s Majesty and with the purpose of impressing the worshipper or others with the sense of His greatness, or it is the sense of that greatness.

2146. Religion as a Moral Virtue.--(a) Religion takes its rank among the moral, not among the theological, virtues. A theological virtue has the Last End for its immediate object or subject-matter (e.g., faith is concerned directly with God, since it believes Him and in Him), and has no mean of virtue (e.g., faith cannot go to extremes by believing God too much); whereas a moral virtue has the means to God for its immediate object (e.g., justice is concerned directly with the actions we owe to others) and it must observe the golden mean (e.g., justice must pay the just price, neither more nor less, and at the proper time, place, and to the proper person, etc.). Now, it is clear that religion has for its immediate object the due performance of worship, although God is the person for whose sake it is offered and His excellence the foundation of its necessity; and also that one must observe moderation in worship as to circumstances of place, time, etc., although it is impossible to be extreme in the quantity or fervor one gives to worship, since even the best efforts will fall short of the honor God deserves (Ecclus., xliii. 33).

(b) Religion is the greatest of the moral virtues, since the person in whose favor it is exercised is God Himself, and its obligation is correspondingly stricter than that of the other virtues. General and particular justice are owed to creatures, but the claim of a creature is much less than that of God. There is no contradiction in making religion a part of justice and then preferring it to justice, for it is more correct to speak of the integral and potential parts of virtues as quasi-parts, since they are called parts only from analogy to parts that are found in material or living things, though they are not similar to those parts in all respects (see 1647, 1648, 2139). Neither does the fact that religion cannot pay in full make it inferior to justice, since in matters of virtue good will take precedence over the ability to pay. Since religion is the supreme moral virtue, irreligion is the chief offense against the moral virtues (e.g., malicious blasphemy is worse than injustice or intemperance).

2147. Superiority of Religion as a Virtue.--Religion, therefore, is superior to the following virtues: (a) it is superior to legal justice, the chief of the moral virtues that deal with human and natural good; (b) it is superior to humility, the chief of the moral virtues moderative of the passions; (c) it is superior to mercy, the greatest of the virtues that relieve distress, for religion is offered to God, not for His utility, but for His external glory and our benefit; (d) it is greater than repentance, for it honors God, while repentance only disposes or prepares for satisfaction to His honor; (e) it is greater than large external offerings made to God without spirit, for “obedience is better than victims” (I Kings, xv. 22); that is, the internal acts of religion (reverence and devotion) are of more importance than external acts of worship conducted with great pomp or magnificence but without the inner reverence, the obedience or other dispositions pleasing to God.

2148. Necessity of the Acts of Religion.--(a) The internal acts (devotion and prayer) are chiefly necessary, for these are exercised by the soul, and it is through them that the external acts are made truthful: “God is a spirit and those who adore Him must adore in spirit and in truth” (John, iv. 24).

(b) The external acts (adoration, sacrifice, etc.) are also necessary to man. God does not need these acts (Psalm xlix. 13), it is true, for no creature can add to the glory God has from Himself. But man needs the elevation and perfection which he receives from communication with the Supreme Being, and, as he is not all spirit, he must employ symbols and ceremonies to arouse, hold and strengthen the affections of his soul. Hence, although the ceremonial law of the Old Testament was abolished by Christ (see 342), the Christian religion recognizes the need of ceremonies, as is plain both from the Scriptures and the teaching and practice of the Church at all times. In the New Testament we read that Our Lord used vocal prayer, prayed on His knees, and made use of sacred hymns; and like external acts of religion are ascribed to Sts. Peter, Paul, and Stephen (Luke, xxii. 31; Matt., xxvi. 39; Acts, ii. 42, vii. 59, ix. 40). Public worship is also a necessity on account of the nature of the Church as a visible society.

2149. The Internal Acts of Religion.--These internal acts are offerings made to God of the worship of the soul itself, and they may be reduced chiefly to two: (a) devotion, which is the offering of the will and the highest act of religion, since from the will the other acts arise; (b) prayer, which is the offering of the intellect; for in prayer the thoughts of the mind rise to God as an oblation made to Him.

2150. Definition of Devotion.--Devotion is defined as “the will to give oneself readily to those things that pertain to the divine service.” We find an example of it in Exod., xxxv. 21, where it is said that the multitude offered first fruits to the Lord with a most ready and devout mind. One who is devoted to another is strongly attached to that other’s interests, and so one who is devout is zealous for the service of God.

(a) Thus, devotion is an act of the will, that is, an offering of oneself to the service of God, the Last End. But devotion will be found in other acts in so far as they are done under the will’s impulse, such as prayer, adoration, sacrifice. The looks, gestures, and voice of those who pray or take part in services of divine worship are influenced by internal devotion, and so become fitting expressions of honor shown to God and an inspiration to beholders.

(b) Devotion contains a ready willingness, that is, the devout person is quick to choose the divine honor as a purpose, quick also to select and to employ suitable means for this purpose. The great model of this is Our Lord, who declared that His very food was to serve His Father (John, iv. 34).

(c) Devotion is exercised in things that pertain to the divine service, that is, to the worship or honor of God. Thus, he who offers himself to God intending the offering as an act of spiritual union or friendship exercises the virtue of charity, while he who forms the intention of doing good in order to glorify God exercises devotion. But devotion and charity are not separated, for charity inspires devotion and devotion nourishes charity.

2151. Devotion should not be confused with emotion, spiritual consolation, or pious exercises known as devotions.

(a) Thus, emotion or pleasure of a non-religious kind is not devotion, though sometimes mistaken for it when the emotion or pleasure is of an elevating kind and occasioned by religious exercises. Neither esthetic joy (e.g., over the music, the ceremonies, the architecture of the church), nor literary pleasure (e.g. over a sublime passage of Holy Writ or a charming liturgical composition), nor intellectual satisfaction (e.g., over the refinement and culture imparted by religious truths), is necessarily joined with that strong attachment to God and inclination to do His will which is the soul of devotion.

(b) Spiritual consolations are sometimes called devotion, but they are not the same thing as the devotion we now speak of. Substantial devotion with which we are now concerned is in the will and consists in the strong inclination to praise and honor God, whereas accidental devotion is rather in the sensible appetite and consists in a feeling of sweetness or elevation in exercises of piety which sometimes reacts upon the body, as when a devout person weeps for joy at the thought of God. Substantial devotion is essential and should be maintained, even though there is no feeling of attraction or fervor. An example of this is furnished by Our Lord, who prayed earnestly during the agony in the garden and the desolation on the cross. Accidental devotion is not of itself evil, nor useless, and it may be desired and prayed for; but it is dangerous for those persons who are puffed up by it, or who become inordinately attached to it, or who are disposed to mistake it for substantial devotion, for, like the consoling vision of Thabor, it is passing and is not an end in itself.

(c) Devotions are various forms of external cult shown to God, Christ, the Blessed Virgin, the Saints, celebrated shrines, etc., whether of a liturgical or a popular, of a public or a private kind. Examples are the Forty Hours’ Devotion, novenas, consecrated days and months, the use of scapulars, medals, etc., pilgrimages, and the like. All these devotions that have the approval of the Church are good and useful in themselves. But devotees often made a bad use of them, substituting devotions for devotion and the non-essential for the essential, as when religion is made to center in pictures or music or a sentimental attachment for some favorite Saint. Persons who multiply external observances may be without the least degree of real devotion.

2152. External and Internal Cause of Devotion.--The external cause of devotion is God, who by grace bestows the will of serving Him gladly, and therefore the Church prays God to bestow upon us the disposition of piety and devotion, and to increase in us devotion unto salvation. But there is also an internal cause, namely, mental prayer or consideration of divine things, for the will follows on the intellect. Hence, it is impossible to animate external acts of worship with true devotion, unless one practises daily or frequent mental prayer. The subjects of mental prayer that promote devotion are reducible to two:

(a) one should think on one’s own weakness (sins, dangers, temptations, etc.) and one’s need of God, for this serves to remove the impediments to devotion. Those who would be devoted to God must free themselves from presumption and self-confidence in the spirit of the pilgrim going up to the Temple who said; “I will raise my eyes to the mountains from which help cometh to me” (Psalm cxx, 1);

(b) one should think on points that will excite the love of God, such as the thought of His goodness, the memory of His benefits, the mysteries of the life of Christ; for these considerations by inspiring charity will thereby indirectly introduce devotion to God. “It is good for me to cling fast to God and to place my hope in the Lord,” said the Psalmist, after he had thought over the blessings received from Providence (Psalm lxxii. 28).

2153. Prayer.--Prayer can be taken in various senses. (a) Thus, in the widest sense prayer is any act of religion or a holy life. St. Augustine says that a good life is the best of all prayers, and the command of Christ that we pray always has been understood to mean that we should always follow good. (b) In a less wide sense, prayer is the raising of the mind to God, in order to praise, adore, thank Him, etc. The motive of veneration here present distinguishes prayer from mere thoughts about God as when one studies or discusses theological subjects to satisfy curiosity or to impart information.

(c) In its strict sense, prayer is the asking for suitable things from God. By suitable things are meant such as are lawful and becoming, and hence it would not be a prayer, but a mockery, to ask God for help to accomplish sin or for miracles in trivial matters. We are now considering prayer in its strict and less wide senses.

2154. The Psychology of Prayer.--(a) Prayer in its nature is an act of the reason, for it is a conversation or communication with God. It belongs, however, not to the speculative, but to the practical reason, since it is not a mere process of apprehension, judgment or reasoning, but the arrangement and presentation of requests, plans, etc., before God with a view to their acceptance by Him. By prayer, then, we do not understand thinking on God, as in meditation and contemplation (though these are known as mental prayer), but speaking to God.

(b) Prayer in its origin is an act of the will, for the practical reason presents before God only such things as are desired by him who prays. Prayer is the interpreter of desire. Indeed, God may take the will for the request and grant what has not yet been asked: “The Lord heard the desire of the poor” (Ps. ix. 17); “Before they cry I shall hear them” (Is., lxv. 24). Moreover, prayer should spring out of an inclination towards God Himself and a desire for union with Him (Ps. xli. 1. 2; Ps. xxvi. 4).

2155. The Necessity of Prayer.--(a) Prayer is not necessary on God’s account, as though He needed to be informed of our wants, or could not be happy without our homage, or might be induced to change His plans; (b) it is necessary for our own sakes, for, although God could and sometimes does grant favors unasked, He wishes that ordinarily we should have the double benefit of the prayer and of the favor given in answer to the prayer. God could grant the crops of the fields without human cultivation, or even tools and finished articles without human invention or labor, but man would then lose the fruits that belong to labor of mind and body. Prayer is most beneficial, even when unanswered: it attracts man to perform his basic duty of honoring his Creator, to keep in use his spiritual powers, and to exercise the necessary virtues of faith, hope and charity; it gives him the privilege of speaking directly with God and with Christ and of asking for what he desires--an intimacy that must in time correct and elevate man’s whole spiritual life; then prayer is a pouring out of the heart to God the Heavenly Father, and this will afford relief in times of misfortune or peril.

2156. The Duty of Prayer for all Adults.--(a) Prayer is necessary from divine precept, as is declared in many passages of Scripture. Thus, we are commanded to watch and pray (Matt, xxvi. 41), to pray always and not to faint (Luke, xviii. 1), to ask and to knock (Matt., vii. 7 sqq.), to pray without ceasing (I Thess., v. 17), to watch in prayers (I Peter, iv. 7). In the Mass the Lord’s Prayer is prefaced with the words: “Commanded by salutary precepts and admonished by divine instructions, we make bold to say: Our Father, etc.” There is, however, no divine precept of vocal prayer or as to the use of the form of words given by Christ, but one must pray at least mentally and in the manner indicated by Christ.

(b) Prayer is also necessary as a means (see 360), at least generally speaking; not that God could not save man without prayer, but that He has made it an indispensable condition, as is true also of Baptism, without which salvation is not conferred. This is the common opinion and it rests on strong arguments. Thus, there are certain necessary goods (such as perseverance) that cannot be had except through prayer, and there are certain necessary duties (such as the acts of faith, charity, and religion) that are not exercised apart from prayer. Then, there is the teaching of the Church and of the Fathers and Doctors that prayer is needed in order to observe the Commandments (Council of Trent), that no one is assisted who does not pray (Gennadius), that prayer is to the soul what breath is to the body (St. Benedict), that he who prays will certainly be saved, while he who prays not will surely be lost (St. Alphonsus).

2157. Times and Frequency of Prayer.--As to the times and frequency of prayer, in fulfillment of the obligation, there are the same opinions and conclusions as for the acts of faith, hope, and charity (see 929 sqq., 1095-1097, 1593 sqq.). On this point we may conclude as follows:

(a) directly, or by reason of the precept of prayer itself, there is a duty to pray at the beginning of the moral life, frequently during life (whether daily, weekly, monthly, yearly, etc. cannot be precisely determined; but there is no practical difficulty, since those who devoutly hear Mass at the times commanded comply with the duty of prayer), and also in danger of death. At the outset of the moral life the reason and will should turn to God, and this is prayer at least in the widest sense; during life prayer should be frequent and continuous according to the words of Scripture; at the hour of death, prayer is necessary, since we are specially bidden to ask for perseverance till the end;

(b) indirectly, or by reason of some precept distinct from that of prayer, prayer is necessary whenever one needs to have recourse to God to fulfill some command or avoid something prohibited. Thus, one should pray at Mass, for according to church law Mass must be heard devoutly; one should pray when a dangerous temptation assails one, or when there are great calamities, especially of a public character, for according to the precept of charity one must help oneself and others in difficulties.

2158. Practical Corollaries about Prayer with Reference to Confession.--(a) Practical Catholics, that is, those who comply with the precepts of the Church, but who accuse themselves of neglecting morning and evening prayers or grace at meals, cannot be judged guilty of sin, even of venial sin, on account of this neglect; for there is no common precept directly obliging to such prayers. But there may often be a venial sin for other reasons, as when the omission is due to a spirit of lukewarmness, or when indirectly there is a duty to pray at those times for special reasons, such as daily needs or temptations. We do not agree, then, with the opinion that omission of morning and evening prayers, especially when it is habitual, is never sufficient matter for absolution.

(b) Unpractical Catholics, that is, those who have been away from Mass or the Sacraments contrary to the laws of the Church as habitual transgressors, and who say nothing about their neglect of prayer, should be questioned whether in all the years of absence from their duties they have also omitted all prayers. For, if this be the case, they have sinned against the duty of prayer. Morning and evening prayer and grace at table should be earnestly recommended to all, because these are customs that have come down from the earliest times, and also because those who disregard them often come to neglect all prayer, or at least expose themselves to dangers or to the loss of precious graces.

2159. To Whom May Prayer Be Offered?--Only God may be addressed as the Bestower of favors (“The Lord giveth grace and glory,” Ps. lxxxiii. 12), but the Saints may be prayed to as intercessors before God (“The smoke of incense of the prayers of the saints ascended up before God from the hands of the angel,” Apoc., viii. 4). Hence, the Church asks God to have mercy on us; it asks the Saints to pray for us. It is lawful privately to invoke the prayers of an infant who died after baptism, of a soul in Purgatory, and one may ask the prayers of those who are still alive, as St. Paul frequently does in his Epistles. There is no command that we pray to the saints, and hence one who did not pray to them would not be guilty of grave sin per se; but there would be grave sin, if their intercession was neglected on account of contempt, and venial sin, if one failed to call on them (especially on the Blessed Virgin, the Mediatrix of all graces) on account of negligence about one’s own spiritual good.

2160. The Persons for Whom Prayer Is Offered.--There is an obligation of charity to pray for ourselves and also for others, for we should ask for the things that we are obliged to desire (see 2161). This duty is taught in Holy Scripture (e.g., Our Lord prayed for Peter; St. Paul asks for the prayers of his Churches; St. James, in v. 16, admonishes us to pray for one another that we may be saved); also in the creed and liturgy of the Church, for we profess belief in the communion of saints, and offer Masses and suffrages for the living and the dead. One should pray for enemies in common prayers that are offered for all, and in special prayers for them in particular, when there is a special reason, such as their grave necessity or the scandal that would be given if one refused to join in a special prayer for one’s enemy (Matt., v. 44); but one may not pray for the success of the evil projects of an enemy, and one is not obliged to make special prayers for him apart from necessity (see 1151). For the excommunicated one should pray in private prayers and also in public prayers, when this is permitted by the law, as in the services of Good Friday and under certain conditions in Masses (Canon 2262). For sinners prayers should be said, unless they are already lost. The souls in Purgatory are also to be prayed for, although the obligation does not seem grave, since it is not certain as to any particular soul that it is in need of our prayers. As to the blessed, one may pray for their canonization or accidental glory, not for their essential glory, which they already possess.

2161. Things that May Be Prayed for.--(a) Evils.--One may never pray for moral evil, even of the slightest kind, and it would be a grave irreverence to beseech God to become our helper in the commission of sin. As to physical evils, one may not ask them as evils or for their own sake; but it is lawful to pray for them in the larger sense in which they are goods. Thus, for oneself one may ask from God sickness, poverty or death, in so far as these ills are means of correction, improvement, merit, penance, or escape from sin; for an enemy one may ask that God restrain him, even by the use of temporal misfortunes, if this be necessary to keep him from sin.

(b) Indifferent Things.--One may not desire an indifferent thing, if there is no moral purpose to justify it (see 83). Hence, one may not ask God for the gratification of idle wishes (e.g., that one win a game in which the only purpose in gain), but it does not seem that there is grave irreverence in so doing.

(c) Temporal Goods.--These may not be asked for from a primary intention, since we must seek first the kingdom of God and His justice (Matt., vi. 33), which are more important; neither may we ask for any determinate temporal thing unconditionally, since we are uncertain whether it will prove beneficial or harmful. But temporal things may be asked for from a secondary intention (that is, in so far as they are means that assist us to attain spiritual goods) and conditionally (that is, under the proviso that they will prove spiritually beneficial). Thus, the Church prays for protection against storms and disturbances, and asks for good weather, abundant harvests, peace, etc.

(d) Spiritual Goods.--Eternal salvation and the means thereto we should pray for as the principal objects of our desire and should ask for them unconditionally; for God is our true End, and the things that lead to Him cannot be harmful to us. Miracles may be asked for, but it is wrong to beg God for privileges that are reserved for others (e.g., to sit at the right hand of Christ in glory).

2162. The Qualities of Prayer.--(a) As to its manner, prayer is either unaccompanied or accompanied by external acts of worship, such as bodily gestures or speech. But not infrequently the thoughts are voiced in words, and we then have what is known as vocal prayer. Prayer made by a private person for himself or others may be internal; but public prayer that is offered by the ministers of the Church in the name of the Church should be vocal, since it should be manifested to the people for whom it is being offered. But the use of words or other external signs is advantageous even in private prayer, since it excites greater devotion in a person and is a help to attention.

(b) As to persistence, prayer is continuous or interrupted. Prayer should be continuous if there is question of its cause, which is prayerfulness of spirit, or desire of salvation; and in this sense may be understood the words of Scripture that command us to pray always (Luke, xviii. 1; Eph., vi. 18; I Thess., v. 17 ), But if we speak of prayer itself, it is impossible to pray unceasingly in this life, as there are many other things that have to be done and rest is a necessity.

(c) As to quantity, prayers are lengthy or brief. Our Lord rejected the belief of the pagans that the efficacy of prayer depends on many words (Matt, vi. 7), but He did not forbid long prayers, since He often spent nights in prayer. The rule about the length of private prayers is that one should pray for such a space of time as is favorable to devotion, and should cease from prayer as soon as it becomes tedious; similarly, public devotions should not be so lengthened out that those present become wearied and inattentive. The Fathers of the Desert were wont to offer many brief but ardent ejaculatory prayers, fearing that prayer long drawn out would fall away from the fervor of intention with which it began. But, if devotion continues, prayer should not easily be broken off.

2163. The Confidence Requisite for Successful Prayer.--(a) Confidence must exclude doubt or distrust in reference to God or prayer itself: “How shall they call on Him whom they have not believed?” (Rom., X. 14); “Let not that man (that wavereth) think that he shall receive anything of the Lord” (James, i. 6, 7).

(b) Confidence does not exclude doubt about one’s own dispositions (“It is not for our justice that we present our prayers before Thee, but for the multitude of Thy tender mercies”); on the contrary, the prayer of the Pharisee was not heard, because he trusted in himself (Luke, xviii. 9). Neither does confidence in prayer mean that one may ask unconditionally for temporal things (see 2161 c).

2164. Intention and Attention.--Attention is the voluntary application of the mind to that which is done, or the consideration or advertence of the mind given to an act. It differs from intention, which is an act, not of the reason, but of the will, consisting in the purpose to perform an act. Prayer requires both intention and attention.

(a) There must be intention, for prayer in its origin is an act of the will and it pertains to religion only because of the devotion by means of which it is elicited. A man who, while reading aloud from a novel, recites the words of a prayer contained in the novel, does not pray, for his intention is pleasure or instruction, not worship. And even one who says or answers prayers attentively during services does not really pray if his motive is not one of religion. (b) There must be attention, for prayer is of its nature an act of the mind (see 2154). A parrot or a phonograph is not said to pray when it repeats the words of the Our Father or Hail Mary.

2165. The Intention Required in Prayer.--(a) An actual intention is had when one either expressly or implicitly wills to offer a prayer, as when one says internally; “I will now say a prayer,” or when without such express act one deliberately performs that which is a prayer, making internal acts of faith, reciting the Rosary, reading from a prayer-book, etc. This kind of intention is necessary at the beginning of prayer, and is the best that may be had during the course of prayer.

(b) A virtual intention is had when one is occupied in prayer on account of an actual intention previously formed and not retracted, but here and now, on account of human weakness, one is thinking of indifferent things impertinent to the prayer and its purpose. This kind of intention continues unless withdrawn directly by contrary intention or indirectly by the performance of acts inconsistent with prayer. Virtual intention suffices during the course of prayer, for a continuous and uninterrupted actual intention is humanly impossible. The more the mind struggles to keep the thought fixed on one object alone, the more do other thoughts arise to distract, as experience proves.

(c) An habitual intention is had when one is occupied in prayer, not on account of any actual intention previously formed, but on account of a propensity or inclination resulting from previous acts. This is not properly an intention and it does not suffice for prayer, since with it the acts performed do not proceed actually or virtually from any determination of the will. Thus, a person who is asleep or intoxicated is not said to pray when he mechanically repeats well-known words of prayer, for his will has no part in those words, any more than the will of the somnambulist has part in the dangerous walks he takes.

2166. The Attention in Prayer.--(a) By reason of its object, attention is external or internal, according as the mind is taken up only with the externals of prayer (i.e., the exclusion of external acts inconsistent with prayer and the proper bodily posture) or with the things internal to prayer (i.e., the words, sense and purpose of the prayer). Internal attention is called verbal or superficial when it is directed only to the words, as when a person who does not understand the meaning of a prayer says it carefully so as not to mispronounce the words; it is literal, when it is directed only to the sense, as when a person who says a very obscure prayer pays close attention so as to follow its meaning; it is spiritual, when it is directed to the purpose of prayer (i.e., the worship of God by an act of religion), or to the objects of prayer (i.e., eternal salvation or the means thereto, such as grace and the virtues, the mysteries of religion, etc.).

(b) By reason of its subject, attention is either perfect or imperfect. Perfect attention excludes every distracting thought, even such as are involuntary; imperfect attention excludes voluntary but not involuntary distractions.

2167. Acts that Exclude External Attention.--What external actions are inconsistent with external prayer and exclusive of external attention?

(a) Those acts exclude external attention which either from their nature (on account of the great mental application they demand) or from the weakness of a person’s mind (for it is not everyone who can like Julius Caesar think on several things at the same time) make it impossible to have recollection in prayer when those acts are being performed. Acts of this kind are reading about other matters, painting, writing, carrying on conversation with those around, boisterous laughing, etc. But if the one who prays engages in these acts inadvertently (e.g., if a person reciting the Breviary does not notice that he is giving considerable attention to an inscription or advertisement on an adjacent wall), the distraction is merely involuntary and inculpable.

(b) Those acts do not exclude external attention that either not at all or only in slight measure interfere with internal recollection in prayer. Such acts are slow walking, riding, looking about at the scenery, picking a flower now and then, dressing, undressing, bathing, combing the hair, etc, The Church prescribes certain prayers to be said while the priest vests for Mass, and it was an old rule among the monks to join labor and prayer.

2168. When External Attention Is Sufficient.--Is external attention sufficient in prayer when internal attention is voluntarily excluded?

(a) In public prayers external attention is sufficient as to a number of effects. Thus, in the administration of the Sacraments the want of internal attention in the minister does not make the Sacrament invalid, since the Sacraments produce grace ex opere operato; in public suffrages the indevotion and distraction of the priest do not deprive the beneficiary of the impetratory fruit, since the public prayers are offered in the name of the Church itself; in the Divine Office merely external attention suffices to fulfill the positive obligation, according to many, because it is not certain that the Church requires more.

(b) In all prayers mere external attention is insufficient for the personal effects of impetration, merit and satisfaction. For to pray with willful indevotion is not an act deserving of remission, reward and a favorable answer, but rather of punishment (“Before prayer prepare thy soul and be not as a man that tempteth God,” Eeclus., xviii. 23); it is disrespectful to God and therefore cannot claim the benefits of an act of worship.

2169. The Kind of Internal Attention Required in Prayer.--(a) The minimum that suffices for the personal benefits of merit and impetration is the verbal or the literal attention, and the imperfect attention that is mixed with some unwilled distractions or mind wanderings. Indeed, a person who intends to pray well, but whose whole prayer is a continual distraction in spite of his efforts to be recollected, does not lose, but rather by reason of his good will and effort increases, his merit. But for spiritual refreshment there must be freedom from distraction; for, just as a student gets no mental nourishment from a lesson if his mind is many miles away, and a listener gets no instruction from a discourse spoken in a foreign language (I Cor., xiv. 4), so one who prays with an absent mind loses the devotion and joy that are afforded by actual communion with heavenly thoughts.

(b) The maximum that should be aimed at in prayer for the greater blessing it brings is the spiritual attention fixed on the presence of God and the perfect attention that keeps away as far as possible the interruption from any vain, perverse or extraneous thoughts.

2170. Distractions.--Just as certain external acts exclude external attention, so also certain internal states exclude internal attention. These latter are known as distractions, and may be defined as internal acts or omissions opposed to the nature or purpose of prayer, but performed during prayer.

(a) Distractions are either acts or omissions. Thus, a person who slumbers lightly or is partly asleep during prayer is inattentive or wanting by omission; while the person who thinks out plots for stories or plays during prayer time is distracted or wanting by commission.

(b) Distractions are sometimes opposed to the nature of prayer. To the nature of vocal prayer belong the words and the sense, and hence, even though one is rapt in meditation, there is no vocal prayer if words are mispronounced or left out or so changed or transposed as to make nonsense or no sense, though negligence about a word here and there does not necessarily exclude superficial attention. Those who from long familiarity with forms of prayer are able to repeat them automatically, with no thought about the words or their meaning, direct or mystical, are not distracted if their thoughts are on the motive of prayer. But it would not be fitting to observe no order in these matters, for example, to dwell always on the glorious mysteries during passiontide prayer and on the sorrowful mysteries during paschal prayers.

(c) Distractions are sometimes opposed to the purpose of prayer. The purpose of prayer itself is the union of the mind with God, while the purpose of the one who prays is the special good to which he directs his prayer. Union with God is necessary above all in prayer, and though it need not be expressly thought on, as was said above (2169), yet there must be no thought in the mind contrary to it. Thoughts, desires and imaginations are contrary to the end of prayer when they are not means to that end (e.g., sinful thoughts, idle thoughts, thoughts on lawful occupations or affections that have nothing to do with the prayer), or when they are means to that end but are perverted to a purely natural use (e.g., when verbal attention is made an exercise in voice culture, or literal attention a grammatical study, or attention to the purpose of prayer means that one is speculating on foolish questions about divinity or thinking on the money, food, or clothing, for which one is praying as if they were the ends of prayer). Scrupulous persons make attention itself a distraction, for they worry all during prayer lest their thoughts be wandering, and so they are thinking about themselves rather than about the words, meaning or purpose of prayer.

(d) Distractions occur during prayer. Hence, an interruption is not a distraction, as when one who is praying is called to attend to some business or leaves off prayer for the moment to make a note of some important thought that came to mind. Neither is the breaking off of prayer a distraction, as when one starts to pray but feels so distracted or unwell as to give over for the time being the attempt to pray.

2171. Voluntary and Involuntary Distractions.--(a) Voluntary distractions result in the first place from purpose, as when one who is praying deliberately dozes at intervals when he feels drowsy, or deliberately turns over in his mind the points of an address he intends to give; they result in the second place from negligence, as when the person who is praying does not expressly wish to be inattentive, but hurries through his words with no pains to keep his thoughts on what he is doing or why he is doing it. Those who rarely speak or read about divine things, but give themselves much to foolish reading or talk, prepare for themselves many distractions, unless they counteract this by special aids to recollection, such as pictures or prayer books.

(b) Involuntary distractions are those that result neither from purpose nor from carelessness, but from human weakness. Thus, a person who is troubled with scruples or with a severe headache or nervous strain, who is worn out bodily or much worried mentally, or who is surrounded by noise or disturbance, is often physically unable to concentrate his mind for any length of time, no matter how much he may desire to do so. Indeed, St. Thomas says that it is hardly possible for anyone to say an Our Father without some distraction, and many persons are distracted against their will by every slight sound or movement that falls under their notice.

2772. Sinfulness of Distraction in Prayer.--(a) Involuntary distractions are not sinful, since one is not bound to the impossible. Hence, a penitent who has nothing except these distractions to confess may not be absolved, since there is no matter for absolution in his confession.

(b) Voluntary distractions are sinful, since, though one is free to address God at any time, one is bound to do this in a respectful manner and in spirit and in truth, as God requires. Communion with God is by means of the mind, and it is disrespectful to turn the mind away to other things when the communion has been sought. Besides, lip service is displeasing to God, just as burnt offerings were not acceptable when made without love. But the sin is of its nature only venial; for the intention to pray, together with the essential moral goodness of the act, is retained, and the defect consists in the circumstance that the intention is executed remissly (see 78).

2173. When is voluntary distraction a grave and when a venial sin? (a) It is a venial sin when one says a non-obligatory prayer, even with the express will to be inattentive, and also when one says an obligatory prayer (such as the Divine Office) with distractions due to carelessness, but without abandonment of the intention to pray. (b) It is a mortal sin when one indulges in distractions from contempt, and also when one says an obligatory prayer with distractions that last during a notable part of the prayer and that are deliberately entertained.

2174. Distractions during Divine Office are the absence of the attention which the Church requires under grave sin for satisfaction of the canonical obligation. There are two opinions about the kind of distractions that make recitation insufficient and gravely sinful.

(a) According to the older opinion, internal attention is required, but it seems that generally those who maintain this view do not hold that internal distractions alone deprive the Office of its sufficiency. Thus, they state that one who has had voluntary distractions may consider that he has fulfilled his duty, unless he is certain that he also adverted to his state of distraction and did nothing to end it.

(b) According to the opinion of many modern authors, external attention suffices. Hence, in this view mortal sin is incurred by notable defect in external, but not in internal attention.

2175. The External Acts of Religion.--We proceed now to those acts of religion which are performed in an outward manner. But it should be noted that just as devotion and prayer find external expression (as in vocal prayer), so the external acts of religion should proceed from internal devotion. The outward religious acts may be classified under three groups: (a) the acts in which one offers one’s body as a mark of veneration to God (adoration); (b) the acts in which one offers external goods, whether given (sacrifices, offerings, first-fruits, tithes) or promised (vows); (c) the acts in which one makes use of divine things to honor God (Sacraments, oaths, adjuration, praises).

2176. Definition of Adoration.--Adoration or worship is honor shown to God through bodily acts offered in acknowledgment of His supreme excellence and of our dependence on Him.

(a) Thus, it is acknowledgment of dependence on God, and as such it differs from mere honor, which may be shown even to an equal.

(b) It is an acknowledgment of supreme excellence, and so it differs from veneration shown to creatures who are above us. Adoration (latria), therefore, is not the same thing as the sacred cult or veneration shown the Blessed Virgin (hyperdulia) and the Saints (dulia) on account of their supernatural grace and glory; much less is it the same thing as the civil cult shown to persons illustrious for natural qualities, such as acquired knowledge, political dignity or power, etc.: “The Lord thy God shalt thou adore and Him only shalt thou serve” (Matt, iv. 10).

2177. Unity and Variety of Adoration.--Adoration is but one, though it has various expressions. (a) The unity of adoration depends on the unity of its object. There is but one God to whom belong the various divine attributes, and the three Divine Persons share the same majesty. Hence, there is but one adoration. (b) The variety in adoration is in the expression. The higher expression of adoration is internal: it does not depend on bodily acts or places, and it is offered by Angels as well as by man. The lower expression of adoration is made through bodily acts, such as genuflections, prostrations, prayer with face to the east, and the use of sacred places for worship, all of which externals are employed as aids to devotion and symbols of the divine glory (Matt., xviii, 20; Luke, xix. 46). Some of the actions here mentioned are sometimes used in the religious or civil cult shown to creatures, but internal adoration belongs to God alone.

2178. Definition of Sacrifice.--Sacrifice is the offering to God and a real changing of a sensible thing, made by a lawful minister, in acknowledgment of God’s supreme dominion and of our subjection to Him.

(a) It is an offering or oblation; that is, one makes a gift directly to God Himself. Thus, sacrifice differs from contributions of the people made for the clergy or the church.

(b) It offers a sensible thing, that is, some object perceptible by the senses or hidden under sensible species; for sacrifice is an outward sign of the inner offering, by which the soul itself is subjected to God.

(c) It is made by a lawful minister, for sacrifice is a public act performed in the name of the community, and hence it may be offered only by those who represent the community. St. Paul declares that a high-priest is chosen from men to offer sacrifice, and that no one may take the honor to himself unless he is called as Aaron was (Heb., v. 4).

(d) It is made to God alone, since God alone is our First Beginning and Last End: “He who sacrifices to other gods besides the Lord shall be put to death” (Exod., xxii. 20). Mass in honor of the Blessed Virgin or the Saints means that sacrifice is offered God in thanksgiving for their merits or in petition that we may imitate their virtues. Oblations may be made to men, but sacrifice may be offered only to God.

(e) It is through a real change of the thing offered, which thus becomes the victim of sacrifice; for the supreme act of worship reserved to God acts upon the substance itself of an external thing to signify that the worshipper offers his own being to God. The change in the thing sacrificed consists in its being made sacred, or set apart as the central object in the supreme act of worship.

(f) It is made in acknowledgment of God’s supreme dominion and of our subjection to Him; that is, it is an act whose direct and proper end is the exercise of the virtue of religion. Thus, sacrifice differs from acts of self-sacrifice such as continence, abstinence, martyrdom, even when they are offered in honor of God, for the direct and proper end of these acts is some other virtue than that of religion. The act of sacrifice may have no purpose except worship, but other virtuous acts have their own ends to make them praiseworthy, even when they are used as acts of worship.

2179. The Essentials of Sacrifice.--(a) The outward sign may be said to consist of matter and form. The matter is some sensible thing used as victim, whether it be inanimate (e.g., the bread and wine of Melchisedech), or animate (e.g., the paschal lamb), or human (e.g., Our Lord in His passion). The form is some sensible action that makes the victim sacred by dedicating it to sacrificial oblation (e.g., the breaking of bread, the libation of wine, the offering of the slain lamb, the voluntary and visible acceptance of death by Our Lord). In the Mass Christ is sacrificed, not as existing under His own appearances, but as present under the sacramental species and offered through His representatives; and hence in the Mass the Victim is sensible by means of the species that signify and contain Him, while the dedication by the Supreme Priest is made sensible through the words of the ministering priest who acts for Christ.

(b) The inner thing that is signified in sacrifice is primarily the offering of self to God, in recognition that from Him we have our being and in Him is our happiness. But secondarily it signifies the fruits we derive from union with God (e.g., the benefits of redemption and salvation). Thus, the sacrificial death of Christ is also a symbol of man’s death to sin and life in God (I Peter, iv. 1).

2180. The Obligation of Sacrifice.--(a) The internal or spiritual sacrifice is obligatory for all, since all are bound to offer God devotion of will, communion of mind, recognition of His supremacy. (b) The external sacrifice improperly so called, which consists in the practice of works of virtue, is obligatory for all in so far as commanded acts are concerned, but not when virtuous deeds are of supererogation. (c) The external sacrifice properly so called, which consists in an outward sign indicative of internal worship of God, is by natural law necessary, for reason itself shows to man that he is an inferior and dependent being, and so should acknowledge the superiority of God and his own submission by acts suitable to his nature as a being composed of body and soul, and for whom sensible things are signs of spiritual truths.

2181. Exemptions Based on the Natural Law.--Though the external sacrifice strictly so called is obligatory from natural law, it is not a primary precept of nature, nor does nature determine its details.

(a) Hence, the fact of the obligation may be unknown to an individual, since (though reason indicates it) it is not evident and rests upon a number of premises from which it has to be reasoned out. Unlike the duty of honoring parents, which is immediately inferred from natural principles, the duty of offering sacrifice is only remotely inferred, and hence admits of invincible ignorance (see 320).

(b) The manner of fulfilling the obligation, since not defined by natural law, has to be determined by positive laws, or, in the absence of these, by suitability to the circumstances in which one lives. Before the positive divine law was given, there was no obligatory rite for sacrifice and the oblation was not entrusted to any special body of men, and hence we read that in the times of the patriarchs there was great freedom as to the ceremonies and the ministry employed in sacrifice. But under the Mosaic Law the manner of sacrificing was minutely prescribed and its office entrusted to the sons of Aaron, even to the exclusion of monarchs; while under the law of Christ there is but the one sacrifice of the Cross perpetuated in the Mass in an unbloody manner, and the ministers who have power to offer sacrifice are only the bishops and priests.

2182. Is Sacrifice Superior to All the Other Acts of Religion?--(a) Sacrifice is not superior to the internal act of religion, for devotion or the internal sacrifice is the soul that animates and moves the external rites (see 2149): “The multitude offered victims and praises and holocausts with a devout mind” (II Par., xxix. 31); “Obedience is better than sacrifice” (I Kings, xv. 22).

(b) Sacrifice is preeminent among the external acts of religion. Some acts of religion are optional (e.g., vows, oaths, adjurations), but sacrifice is a natural obligation. Some acts of religion are obligatory, but marks of respect similar to them may also be shown to creatures (e.g., customary offerings, praises), whereas no kind of sacrifice may be offered to a creature. Some acts of religion are reserved to God, but they have no rite that is peculiar to the worship of God and that may not be exercised by all (e.g., acts of adoration), whereas sacrifice has a service reserved to God and which only priests can perform. Sacraments are primarily for the welfare of man; sacrifice is primarily for the honor of God. Non-sacrificial acts of religion may be performed in the name of an individual (e.g., adoration), whereas sacrifice is in the name of the community; other acts of religion may signify dependence on God for temporal and corporal things (e.g., offering of first-fruits), but sacrifice signifies the dependence of the soul itself on God for existence and beatitude.

2183. Offerings.--Offerings are gifts made immediately to God, to be employed without change for divine worship or for the needs of the ministers of divine worship, the purpose being to worship God by the tribute paid.

(a) Thus, offerings are gifts; that is, they are offered to God without the compulsion of any law, or at least without any determination by law of the amount to be given. Natural reason teaches man that he should bestow something from his goods in this manner as a thank offering for the divine bounty, when there are representatives of God to whom the gift may be given. The gift should be a free-will offering (Exod., xxv, 2), unless there are special circumstances that render it a debt, such as contract, promise, custom, or the need of the ministers of the Church.

(b) They are made immediately to God Himself, and so they differ from tithes or other dues that are paid to the clergy for their support.

(c) They are not changed at all in the act of worship (e.g., an offering of sacred vessels or altar furnishings), or at least they are not changed into the sacred condition of a sacrificial victim (e.g., offerings of candles, incense, etc., that are consumed during Mass). Thus, simple oblation differs from sacrificial oblation.

(d) They are devoted to the service of God, since they are gifts made to Him. Hence, they are used in divine worship and, if consecrated (e.g., chalices, vestments), may not be used for other purposes; or they are used for the needs of the ministers of divine worship or of the poor, since those who serve the altar should live by the altar (I Cor., ix. 14), and Our Lord shared His purse with the poor (Matt., xxvi. 9, 11).

(e) They are given as a mark of honor to God, especially in recognition of favors received from Him. Thus, in the Old Law the people were obliged to give the first-fruits of their fields and crops to God, in thanksgiving for the gift of the promised land and of its fruits (Deut., xxvi. 10).

2184. Goods Unsuitable as Offerings to God.--There are certain goods, however, that should not be used as offerings to God.

(a) Thus, those goods that are forbidden by positive law may not be offered to God. In the Old Law certain animals could not be offered to God, either because they were legally unclean (e.g., dogs were associated with pagan rites and were regarded as symbols of rapacity), or because they were of inferior quality (e.g., a blind or lame sheep or other animal worthless to its owner).

(b) Those goods that the offerer has no right to give away or that are unsuitable on account of circumstances may never be given as offerings to God. Thus, one may not make an offering to God of money that belongs to another (Ecclus., xxxiv. 21); a son may not give as a gift to God the money he should spend on his needy parents (Matt., xv. 3-6). Neither may one offer corrupted wine for the Mass, nor the wages of prostitution to the church if there will be scandal, nor gifts that are mean and contemptible, etc.

2185. Contributions.--Contributions to the support of the clergy and church causes are neither sacrifices nor offerings in the strict sense of these words, since they are given not directly to God but to the ministers of God. The manner of making contributions to the Church has varied with time.

(a) Thus, in the first ages of the Church clerics having the care of souls were supported by the voluntary gifts of the people. These gifts were made especially during Mass. Bread and wine and other things necessary for divine worship and the support of the clergy were brought at the Offertory (the origin of the present Offertory collection), while food for the agapae or for the poor was presented for a blessing towards the end of the Canon, or before Mass.

(b) After peace had been given to the Church and the number of the faithful and of the clergy had greatly increased, it was found necessary to devise means for a more regular and certain supply of income. As early as the sixth century the ancient customs of first-fruits and tithes were made the subjects of conciliar enactments and imposed as specific taxes on crops or revenues. A more permanent system of church support was that of endowments or benefices which, owing to the increasing difficulties of older methods, sprang up about the sixth century and became universal in the eleventh. Fees in connection with the administration of sacred rites and stipends for Masses were in use in the seventh century.

(c) Today the system of benefices is the rule, while first-fruits and tithes are rare, though recognized by Canon Law. In some countries where benefices have been confiscated, part compensation is made in the form of pensions; in other countries (e.g., in the United States) the free-will offerings of the faithful is the usual system.

2186. Obligation of Contributing to the Support of the Clergy.--(a) Natural Law.--Those who serve the common welfare, whether in spiritual or in temporal matters, should be supported by those whom they serve; for, as their time and labor is given to others, it is a duty of justice that these latter make a return for the benefits received. Hence, just as citizens are naturally bound to contribute to public officials, so are the faithful naturally bound to contribute according to their means to the ministers of religion.

(b) Divine Law.--Our Lord commanded His disciples to depend for their maintenance on those to whom they preached (“For the laborer is worthy of his meat,” Matt., x. 10); and hence St. Paul says (I Cor., ix. 13, 14): “They who work in the holy place eat the things that are of the holy place, and they that serve the altar partake with the altar. So also the Lord ordained that they who preach the Gospel should live by the Gospel.”

(c) Church Law.--The Canons reaffirm what is of natural and divine law, namely, that the faithful are obliged to support the clergy (Canon 1496); and as to the manner of making contributions they sanction local customs, such as parish payments (Canon 463) and tithes and first-fruits (Canon 1502), command the payment of cathedraticum (Canon 1504), etc.

2187. The Church, the Apostolic See, individual churches and moral persons of ecclesiastical law have the right to the temporal means requisite for their mission; and hence the faithful have the duty to contribute to necessary church causes, such as divine worship, the spread of the Gospel, and charity (Canons 1495 sqq.).

2188. Quality of the Obligation of Contributing to the Church.--(a) The obligation is one of justice as well as of religion, for there is a quasi-contract between the faithful on the one side and the Church and its ministers on the other side, the latter being obliged to give spiritual ministries and benefits, the former to supply the temporal sustenance and means. Hence, St. Paul compares the salaries given to the clergy to the wages or fruits paid to the laborer. It is not strange that those who sow spiritual things for others, should reap from the temporal things of the latter: for a soldier does not serve at his own expense; a planter, a shepherd, a plowman, and a thresher expect a share from their labors; indeed, even the animal that serves man is worth its keep (cfr. I Cor., ix. 4 sqq.).

(b) The obligation is grave, because it arises both from justice and from religion (see 1748, 2148). He who refuses to contribute to the Church evades payment for services given him and also denies to divine worship his share of support.

2189. Attitude Towards Persons Refusing to Contribute.--The duties of the priest towards those who refuse to contribute their share to the support of the Church may be defined as follows:

(a) as to absolution, it should not be denied unless there is certainty that the penitent is in grave sin. Hence, according to Kenrick and the common opinion, unless there is a law fixing a tax or the delinquent church member is inflicting severe privation on the church or heavy burdens on others who have to contribute more than their share, the confessor should not enjoin payment under pain of denial of absolution. Apart from these cases, the Church, for the sake of souls, does not insist upon her right, as we see in the dealings of St. Paul with the Corinthians who neglected to give towards his support. The Apostle did not correct these men, although he would have done so had he considered them guilty of mortal sin;

(b) as to restitution, it seems it should not be insisted on. One who has guiltily refused to pay his church dues has offended justice, it is true, but the Church is concerned more with spiritual than with temporal things, and rather than place an obstacle to the conversion of a sinner or occasion scandal to the weak, she prefers to forego what is really her due (see 1487);

(c) as to administration of the Sacraments or sacramentals, it should not be denied to those who are unable or unwilling to pay the customary fees. The recipient of the rites disgraces himself by unwillingness to do what others do, but religion itself would be degraded if the rites were refused for reasons of money.

2190. Those to Whom Religious Contributions Are Due.--(a) The entire Church should contribute to the support of the Pope, the Pastor of the whole flock of Christ, who is charged with the welfare of all. In the Old Law the Levites themselves were obliged to pay tithes to the high-priest (Num, xviii. 26 sqq.); but the amount to be given to Peter’s Pence is left to the generosity and religious devotion of the contributors. (b) Each individual church or body in the Church should contribute to its own bishop or superior a just amount for necessary uses, as determined by law or lawful custom.

2191. Vows.--A vow is a promise made to God to perform that which is better.

(a) It is a promise, that is, an agreement by which one binds oneself under obligation to another to do or omit something (Eccles., v. 3, 4), Thus, a vow differs from deliberation about doing good or the purpose to do it, for it includes in addition to deliberation and purpose the decree of the reason which places one under the moral necessity of performing one’s promise. Thus, persons who make good resolutions or who promise themselves that they will carry out certain good courses (e.g., a drunkard who takes the pledge to abstain from intoxicants) do not sin against a vow when they break their resolutions. Even a promise or resolution made under oath is not necessarily a vow; and hence one who swears to observe chastity may be freed from the obligation by an ecclesiastical superior who has not the power of dispensing from a vow of chastity (see 2234, 2262).

(b) A vow is a promise made to God; that is, the person who takes the vow intends to honor God and to bind himself to God. A vow may be made in honor of the Blessed Virgin or other Saint, in the sense that one vows to God what one promises to the Saint, or that one calls on the Saint to witness or to assist the vow, or that one offers the vow principally to God and secondarily to the Saint. Hence, if one were to make a promise to a Saint (e.g., if a girl promises perpetual virginity to the Blessed Virgin) with no thought about God or no thought of obliging oneself before God, the act would be a promise pertaining to the virtue of veneration (dulia), but it would not be an act of religion or a vow. Promises made to living persons even under solemn circumstances (e.g., a death-bed promise made to a dying mother) are sacred, but they have not the nature of a vow.

(c) A vow is a promise to perform that which is better; that is, since a vow is a free promise made to God, to whom only good is pleasing and to whom the lesser good is less pleasing, a vow does not promise God what is evil or entirely indifferent or less pleasing. It would dishonor a human being to promise him something offensive, it would not honor him to promise something vain or useless, it would not show him special honor to promise to do something less agreeable to him. Hence, it would be irreligious to take a vow to steal, or to count one’s steps, or to prefer marriage itself to celibacy. Certain solemn promises are called vows (e.g., the vows of Baptism, the marriage vows), but they are not vows in the strict sense as here understood, for they do not promise that which is better, the promisors having no intention to place on themselves the obligation of religion.

2192. The Various Kinds of Vows.--(a) By reason of its object, a vow is either personal (i.e., the promise of some act or omission, such as a fast or the avoidance of an occasion of sin), real (i.e., the promise of some payment or object, such as an alms), or mixed (i.e., the promise of some action and some object, such as pilgrimage to a shrine with an offering).

(b) By reason of its subject, a vow is either singular (i.e., made by a physical person) or common (i.e., made by a moral person or community).

(c) By reason of its duration, a vow is either temporary (e.g., a vow taken for one year) or perpetual (i.e., a vow taken for life).

(d) By reason of its manner, a vow is either absolute (e.g., an unconditional vow of chastity) or conditional (e.g., a vow to go on pilgrimage, if one recovers one’s health; a vow to enter religion, if parents consent). A conditional vow is either non-penal, as in the example just given, or penal, in which the promise is that one shall undergo a penalty if fault is committed (e.g., a vow to say the Rosary every time one uses profane language, to fast every time one becomes intoxicated, to give alms every time one is dishonest).

(e) By reason of its form a vow is either express (i.e., externally manifested by words or other signs) or tacit (i.e., externally assumed by reason of some office to which it is annexed, as when one takes the subdiaconate in the Latin Church, to which is attached the duty of celibacy. (It must be noted, however, that some authors consider celibacy arising from the subdiaconate as a duty arising from ecclesiastical law and not from a vow.) The express vow in turn is explicit (i.e., manifested by signs that immediately express the vow, as when the vower mentions poverty and chastity) or implicit (i.e., manifested by signs that express another vow which includes the implicit vow, as when the vower mentions only obedience according to the rule, but the rule includes the other two vows of poverty and chastity). An explicit vow is either determinate (i.e., one in which the thing promised is definitely indicated, as when one vows a pilgrimage) or disjunctive (i.e., one in which the vower promises to perform at his will one or more out of a number of things indicated, as when he vows either to make a pilgrimage or to perform a fast).

(f) By reason of its position before the Church, a vow is either private (i.e., one made without the intervention or acceptance of the Church, as when a person in danger of shipwreck makes a vow for his safety) or public (i.e., one made before the Church and accepted in its name by an ecclesiastical superior, as in the essential vows made in approved Orders or Congregations). The public vow is either simple or solemn, according as the Church has determined for different religious institutes.

2193. Vows in Canon Law.--The canonical dispositions in reference to vows in general will be found in Canons 1307-1315, while religious vows are treated in the section on religious (Canons 492 sqq.), and the effects of vows on matrimony are declared in Canons 1072, 1073, 1058. A fuller treatment of the canonical aspects of vows than can be given here will be found in commentaries on these parts of the Code.

2194. Distinction between Solemn and Simple Vows.--Is the distinction between a solemn and a simple vow one of divine or one of ecclesiastical law?

(a) As to accidental solemnity (i.e., the conditions of time, place, age, fitness, rubrics, etc.), the solemn vow depends on the Church, for there is no doubt that the Church has the right to determine these matters as circumstances may require. Hence, the Church may appoint conditions for the validity of a solemn vow, and she may also change these conditions as she sees fit.

(b) As to the essential solemnity (i.e., the internal characteristic that distinguishes the solemn from other vows), the solemn vow depends, not on the law of the Church, but on the divine law, since, unlike other vows, it is not a mere promise of acts, but an irrevocable giving over to God of one’s person itself and an internal spiritual consecration or espousals accepted by the Church. This is denied, however, by some authorities, who place the difference between the solemn and the simple vow in the different juridical effects which they produce in Canon Law, the solemn vow making acts opposed to it invalid and the simple vow rendering opposed acts illicit, but not invalid (see Canon 579). All agree that the Church may for just reasons dispense even in solemn vows.

2195. Knowledge and Deliberation Necessary for Valid Vow.--In the intellect of him who takes a vow there must be such knowledge and deliberation as are required for making an important contract, for he who takes a vow assumes a grave obligation (see 1883). The rule given by many is that the deliberation which suffices for a mortal sin suffices also for a vow, but this does not appear to be exact, since a mortal sin may be committed when there is only a confused perception of the gravity of the sin (see 177).

(a) Thus, a vow is invalidated by substantial ignorance or error (e.g., Titus, thinking his gold watch is brass, vows to give it as an alms; Balbus, thinking that a distant sanctuary is not very far off, vows to make a pilgrimage to it; Claudius, being wrongly informed that his father is sick, makes a vow to go on a pilgrimage for his father’s recovery), but not by ignorance or error that is merely accidental (e.g., Sempronius, thinking that a sanctuary which is four miles away is only three miles distant, vows to go there on pilgrimage, but he would have made the vow, even though he had known the true distance; Caius, intending chiefly to perform an act of religion, and secondarily to visit a friend, vows a pilgrimage to a neighboring town, not being aware that the friend has moved elsewhere). The vows of religion, according to the common opinion, are not invalidated on account of ignorance or error about accidentals, even though the vows would not have been taken had these accidentals been known; for the common good demands that the religious state, like the married state, have stability, and that those who enter it intend to accept all the obligations that go with it.

(b) A vow is invalidated by the absence of full deliberation (e.g., vows made by children who have not the perfect use of reason, by persons who are only half-conscious or who are delirious or laboring under a hysterical delusion or fixed idea, by persons who act on the impulse of the moment without full advertence to the import or force of the vow), but not by the absence of long or studious deliberation (e.g., a vow is valid if one has thought over its meaning and obligation, even though one has done this hurriedly and without reflection on the details and has regretted the vow soon after its pronouncement).

2196. Freedom of Will Necessary for Valid Vow.--In the will of the person who takes a vow there must be freedom of choice, and the absence of such impediments as take away self-determination or consent.

(a) Thus, the natural law itself invalidates a vow made under force or under such fear as takes away the power of giving due deliberation to the vow.

(b) The natural law, according to many, invalidates a vow made under fear that is grave (though not disturbing to the reason), and that is produced unjustly and with a view to coerce one into making the vow. The reason for this opinion is that God cannot accept a promise to Himself caused by injustice, nor can one be held to a promise made under unjust pressure.

(c) The positive law (see Canon 1307, Sec.3) invalidates a vow given under grave and unjust fear. Many canonists interpret this law as meaning that even when the unjust fear is not employed as a means to force one into taking the vow, but does in reality cause one to take the vow, the promise is null in both forums in virtue of Canon Law.

2197. Cases in Which Fear Does Not Invalidate a Vow.--(a) All admit that fear does not invalidate when it proceeds from a natural cause (e.g., vows made during a storm at sea) or an internal cause (e.g., vows made under the influence of fear that one will fall into sin without the protection of the vow); for in these cases one chooses a lesser burden to avoid a greater one, and the thing chosen is involuntary, not simply, but only in a certain respect (see 44).

(b) It is commonly admitted that fear does not invalidate when it proceeds from an external and just cause (e.g., if a guilty person were threatened with the penalties of law unless he vowed not to repeat the offense), since the cause of the vow is then internal rather than external, namely, the guilt of the person who takes the vow and his wish to evade punishment.

2198. Vows of Doubtful Validity.--In the following cases it is disputed whether fear invalidates a vow.

(a) It is disputed whether fear unjustly caused invalidates in the forum of conscience when it is light (e.g., Titia constantly importuned by her parents to enter religion makes a vow to follow their wishes). Some answer in the negative, because a fear that is slight both in itself and in its influence on the vower cannot be considered as the real cause of the vow. Others answer in the affirmative, because light reasons do move persons to take grave steps, and it is not reasonable to think that God will accept a vow brought on by unjust, though light, fear.

(b) It is also disputed whether grave fear unjustly caused invalidates, when the person who causes the fear intends to force the vower, not to the vow, but to something else (e.g., Balbus threatens to kill Caius unless the latter pays a large sum of money, and Caius vows to give the money to religion if he escapes the danger). Some hold for the affirmative and refer to Canon 1307, mentioned above. Others hold for the negative because the vow is taken, not to accommodate the aggressor, but to honor God and benefit self. This is the interpretation given the pre-Code legislation. Still others distinguish, affirming invalidity for the case in which fear is the cause of the vow and denying invalidity for the case when fear is only the occasion of the vow.

2199. The Intention Necessary for a Valid Vow.--As was said in the explanation of the definition, a vow must include a will to bind oneself, that is, the intention to make a vow.

(a) The object of this intention is the obligation itself, not its fulfillment. Hence, he who makes a vow, but intends not to oblige himself, vows invalidly; for he has two contrary intentions and (unless the intention to vow is stronger) the substance of the vow is excluded. On the contrary, he who makes a vow, intending not to fulfill it, vows validly but illicitly, since he really intends to oblige himself, but he sins by his purpose not to keep his vow (see 1883).

(b) The quality of the intention must be such that the character of the vow as a deliberate act and a sincere agreement to obligation will be preserved. Hence, an habitual intention (e.g., Claudius intending to take a vow on the morrow pronounces the words of promise while asleep) does not suffice, because the act made with such an intention is not deliberate or human. Likewise, an external intention (e.g., Balba forced by her parents to enter a convent takes the vows, intending only the external rite) and an indirect intention (e.g., Sempronius, foreseeing that if he drinks certain liquors he will bind himself by vow to a number of things, takes the drinks and makes the vows) are not sufficient, because with them there is no real agreement to obligation. On the other hand, it suffices to have an actual but implicit or tacit intention (e.g., Titus receives subdeaconship intending the obligations annexed to the office, but not knowing that celibacy is a duty vowed by subdeacons), or a virtual intention (e.g., Caius intended to make religious profession, but at the moment of pronouncing the vows he is distracted and gives no attention to the words), for in either case there is a human act and real agreement to obligation (see 2164, 2165).

2200. The Matter of a Vow.--(a) A vow is a free promise, and hence its matter must not be something necessary. (b) A vow is made to God, and hence its matter must not be something that is not pleasing to Him.

2201. Vows that Promise Something Necessary.--(a) If the necessity is absolute, because a certain thing must be or cannot be, a vow is invalid. A vow to die is null, because death is a necessity; a vow to avoid venial sin, deliberate and indeliberate, is null, because it is impossible without a special privilege from God to keep such a vow; a vow that one’s child shall enter religion is also null, because one has no power over that which depends on the will of another. The vows made by communities do not oblige their successors or posterity as vows, but only as laws or customs having the force of law, or as contracts to which agreement is given, etc.

(b) If the necessity is hypothetical, because a certain thing must be done or omitted if one is to observe the natural or positive law, the vow is valid. For though it is necessary to observe a commandment (e.g., to avoid intoxication), it is not necessary to add to the existent obligation the new obligation of religion. The most suitable matter for a vow, however, is something that is of counsel, but not of precept, for example, to practise celibacy.

2202. When Fulfillment of Vow Is Only Partly Possible.--(a) If the vower intended that his promise should be an entire one obliging him to fulfillment of all the items, the vow is invalid, since its fulfillment as intended is impossible. Thus, if one vowed to go on foot to a place of pilgrimage but was unable to accomplish the journey on foot, or vowed to go to Rome and became unable to go the full distance, there would be no obligation.

(b) If the vower intended that his promise should be severable, the difficulty can be settled as follows: he is held to nothing if the matter is severable but the principal part impossible (e.g., if he vowed to go on a pilgrimage and also to go barefooted, he is not bound to go barefooted an equal distance if the pilgrimage becomes impossible). He is held to the part that is possible, if it is really severable and was intended as the principal part of the vow (e.g., if he vowed to go on a pilgrimage and to go barefooted, but is unable to go barefooted).

(c) If the intention of the vow-maker is uncertain, it seems he is held to perform what is possible (e.g., if one has vowed to pay for the erection of a church but becomes unable to pay for more than a part of the expense); but if there is a good reason to presume that he intended an entire vow, or a severable vow whose chief part has become impossible, one may decide the doubt in the sense of that presumption (cfr. 465).

2203. Vows that Promise Something Displeasing to God.--(a) Vows that promise what is always evil (e.g., to steal) are invalid and, on account of the irreverence, gravely sinful, at least if the sin promised is mortal. (b) Vows that promise something that may turn out either evil or good (e.g., Jepthe’s vow to immolate the first living being that came before him) are imprudent, and should not be kept as to the part that is sinful.

2204. What should be said of vows that promise something good, but that have an evil end or other evil circumstances?

(a) The vow is invalid and illicit if the evil circumstance affects the thing promised itself, so that the fulfillment of the vow must be sinful, for example, when one promises to give an alms in order to seduce the recipient into sin or to build a church in order to gratify pride or spite. Similarly, invalid and illicit are vows made to obtain something evil (e.g., the vow of an alms in order to obtain success in a robbery) or to render thanksgiving for success in evil already done (e.g., the vow to give God half the booty taken in robbery); for such vows can not be fulfilled without the implicit protestation that God is the author of sin.

(b) The vow is valid but illicit if the evil circumstance affects only the act of vowing; for the thing promised is good and is to be performed properly, but the disposition of the vower is not free from sin as he makes his promise. It should be noted, however, that the evil circumstance does not always deprive the act of vowing of substantial goodness (see 78). Thus, if one vows to build a church and the sole motive for making the vow is the applause one will receive, the vow is substantially illicit; but if vainglory is only a secondary motive, the vow is substantially licit.

(c) The vow is valid and licit if the evil circumstance affects neither the act promised nor the act of vowing, both of these being good. Thus, it is lawful to vow an alms for every time one yields to a sinful habit. It is also lawful to vow an offering to God if one escapes unhurt from a duel, for such a vow does not ask God to bless the duel but to protect one’s life.

2205. Vows that Promise Something Indifferent.--(a) These vows are invalid if there is no circumstance to make the promise honorable to God (e.g., if one promises to save up a certain percentage of one’s earnings each month). The sin committed by those who vow necessary, impossible or indifferent things, does not seem to exceed venial fault per se, for the vow is illicit, not because its matter is evil and displeasing to God, but because it is not good and pleasing to Him. The sin seems to be one of levity rather than of irreverence.

(b) These vows are valid and lawful if there is a circumstance that makes the indifferent subject-matter honorable to God (e.g., if one vows to save up so much each month in order to practise frugality, or to set aside means for some charitable or pious cause).

2206. Meaning of a Better Good.--It is also necessary for validity of a vow that the thing promised be a better good; for this is the will of God, our sanctification (I Thess., iv. 3), and the vow is made to God.

(a) By the better good is not meant that which has no good superior to it, for then one could vow only the most excellent good, which is not true.

(b) By the better good, then, is understood that which is preferable to its contrary good (e.g., virginity is better than marriage), that which is absolutely or objectively preferable to its contradictory (e.g., it is better to give an alms than not to give one, it is better to keep the law of fasting than not to keep it), that which is relatively or subjectively better than its contradictory (e.g., it is better to marry than to commit fornication, or live in concubinage, or give scandal, or leave children illegitimate). Generally, however, it is not advisable to vow matrimony, for, even if the vow is not invalid, it seems to have little advantage. If a person thinks marriage is better for him, let him take the marriage vows or engage to marry the woman of his choice.

2207. Vows Invalidated by Promise of Lesser Good.--(a) The vow to do what is less pleasing to God (e.g., never to make a vow, never to embrace a counsel) is invalid per se. There may be cases, however, in which a vow of this kind would be better and therefore valid (e.g., when a person who is prone to making vows is bidden by the confessor to make no other vows without advice).

(b) The vow to do what may easily become less pleasing to God also seems to be invalid. Thus, if one were to make a vow to play no more games in order to give more time to prayer or to avoid temptations, the vow might later be a cause of spiritual harm, for at times it is more pleasing to God to take recreation than to abstain from it.

2208. Case in Which One Has Taken Two Opposite Vows.--(a) If the vows are equally good, or if it is doubtful which is better, the first prevails; the second being impossible does not oblige. (b) If the second is certainly better, it prevails, and the first does not oblige, being impossible. Thus, if one has first vowed to go on a pilgrimage and next to stay at home and attend the sick during an epidemic, the pilgrimage should not stand in the way of the more urgent good of caring for those in distress.

2209. The Obligation of a Vow.--Every valid vow obliges to fulfillment, for it is a promise, and loyalty to promises is a moral duty. Scripture declares that one must pay one’s vows, and that it is better not to vow than to vow and not fulfill (Eccles., v. 4), that God will hold as sin the neglect of a vow (Deut., xxiii. 21), that a faithless promise displeases Him (Eccles., V. 3).

(a) The Quality of the Obligation.--A vow is an act of religion, since it promises to God a tribute of honor, even though the thing promised (e.g., a fast, virginity) does not belong to worship but to some other virtue. Hence, the violation of a vow is a sin against fidelity and also against religion. But it seems that sacrilege is committed only by sins against certain vows, namely, those whose matter is a sacred thing dedicated to God; for example, the violation of the vow to fast would not be sacrilegious, while the violation of a public vow of chastity is a sacrilege. All transgressions of vows, as such, are sins of the same species, namely, sins against religion.

(b) The Quantity of the Obligation.--A vow, as being a duty of religion (see 2146, 2148), obliges under grave sin. But in an individual case the sin committed may be only venial on account of lightness of matter or imperfection of the act.

2210. Gravity of the Obligation of a Vow.--A vow has the nature of a private law, since it is an obligation which the vow-maker voluntarily imposes on himself. But a law obliges under grave sin when the subject-matter itself and the intention of the lawgiver require strict obligation (see 381 sqq.). Hence, gravity of matter in a vow depends on the great importance of the thing vowed and on the will of the vower to assume a grave obligation.

(a) Thus, the thing vowed must be of great importance, either in itself (e.g., chastity) or from its relation to divine worship (e.g., a fast, a communion). One cannot oblige oneself to a grave obligation under a vow whose matter is absolutely and relatively of minor importance (e.g., a daily Hail Mary, an alms of twenty-five cents; see 382).

(b) The intention of the vower must be to bind himself under grave sin. He is free not to oblige himself by vow at all, and hence, should he elect to vow, he may bind himself, even though the matter of the vow is of great importance, either under grave or under light sin (or only to penalty), as he wishes. Exception must be made, however, for public vows taken in religious institutes and for the vow of chastity and celibacy taken in the reception of subdeaconship, for the law of the Church on account of the public good decrees that these vows oblige under grave sin.

2211. Rules for Determining What Is Important Matter in a Vow.--(a) In personal vows, an act of omission may be made the subject of grave obligation, if it may be made the subject of grave precept by the Church (e.g., the hearing of Mass, Confession, Communion, a fast or abstinence, a Rosary).

(b) In real vows, some fix grave matter according to the standards for commutative justice (see 1896 sqq.). But such a rule seems unsuitable. The amounts absolutely and relatively grave in theft are determined by the wealth of the person stolen from, but, since God is owner of all things, we do not see how those amounts could be fixed in reference to Him. On the other hand, the duty of religion obliges more strictly than that of commutative justice, and hence it does not seem that grave matter should be the same for both. In practice, the matter is not grave when it is quite inconsiderable (say less than a dollar), or when the vower intends only a light obligation. If the matter is not inconsiderable and the intent of the vower is uncertain, one may decide as to the obligation of the vow from presumptions based on custom, the circumstances of the vow, or the rule that grave obligation is not to be taken for granted (see 709, 714, 659).

2212. Coalescence of Light into Grave Matter.--(a) If the vower has determined the relation of the items of the vow one to another, coalescence can be judged from his intention. Thus, if the vower intends that the items shall be parts of one whole, there is coalescence (e.g., if he vows to give fifty cents in alms daily and neglects this for a year, there is grave sin); but if he intends the items as separate promises, there is no coalescence (e.g., if he vows to say a Hail Mary every day and neglects this for a year, there are many venial sins). If some of the items have been performed, others omitted, and the omissions coalesce, there is grave sin according to some as soon as a notable quantity is reached, but others believe that there is grave sin only when a notable percentage (say one-third or one-fourth) of the matter vowed has been neglected.

(b) If the vower has not determined the relation between the items of the vow, the presumption as a rule favors coalescence in real vows, non-coalescence in personal vows (as in the examples of a vow to give fifty cents daily and of a vow to say a Hail Mary every day). But there are exceptions, as when one vows to give a small alms every Saturday in honor of the Blessed Virgin, for the chief intention in this case may be to show respect to the Mother of God and not to give a certain amount to the poor.

2213. The Time When a Vow Obliges.--(a) A negative vow (e.g., not to drink certain intoxicants) obliges at once and always (see 371).

(b) An affirmative vow to which the vower has annexed a time for fulfillment obliges at the time determined. If the time was intended as a principal circumstance (e.g., a vow to say the Rosary on the Feast of the Assumption), the vow ceases with that time, even though performance was culpably neglected; but if the time was intended only as a secondary circumstance (e.g., a vow to go to confession next week made by one who needs it badly), the vow continues in force even after the time set has elapsed without fulfillment (see 468 sqq.). Anticipation of fulfillment on account of inability to fulfill at the time appointed in the vow, is not necessary, unless the vow was attached to a certain space and cannot be fulfilled in the latter part of this space; for example, if one has vowed to say the Rosary today and foresees that the whole afternoon will be occupied, one should say the Rosary in the forenoon (see 470, 471).

(c) An affirmative vow for which the vower has fixed no special time should be accomplished as soon as this can be conveniently done, for such is the rule in every absolute promise, and, moreover, no better time for fulfillment can be assigned; “When thou hast made a vow to the Lord thy God, thou shalt not delay to pay it, because the Lord thy God will require it. And if thou delay it shall be imputed to thee for a sin” (Deut., xxiii. 21).

2214. Delay in Fulfilling Vow.--Sin may be committed by delaying to keep a gravely obligatory vow for which no date was set.

(a) There is no sin if the delay is reasonable in view of the subject-matter of the vow (e.g., to put off a Rosary or fast for two or three days, a pilgrimage of 50 miles for a week, a pilgrimage of 1000 miles for several months, etc.) or of the circumstances (e.g., if one has to delay entrance into religion until one has better health or has closed up a business).

(b) There is venial sin if the delay is unreasonable but does not notably diminish what is promised or endanger its fulfillment. Thus, a Rosary, a fast, or a pilgrimage is as good next year as this year, and, apart from danger of forgetting or omitting, no lapse of time seems to constitute a notable delay in respect to such obligations.

(e) There is mortal sin if the delay is unreasonable and notably depreciates what is promised or notably endangers performance of the vow. Thus, to put off the fulfillment of a vow to enter religion lessens the value of the thing promised, if one waits until old age; it imperils the promise, if one remains in the world for several years exposed to the danger of losing vocation. Moralists hold that three or four years would be a considerable delay in reference to a vow to enter religion.

2215. The Person Obliged to Fulfill a Vow.--(a) A personal vow obliges only the vower, because by its nature a vow is a law which one imposes on oneself (see 463, 1696, 188). But vows taken by a city or community may be obligatory on the subjects in virtue of law, and vows taken by ancestors may oblige posterity in virtue of lawful and obligatory custom. (b) A real vow (and a mixed vow as to the part that is real) obliges also the heirs, for this kind of vow is a debt of the vower’s estate (see Canon 1310). The obligation of the heirs is one, not of religion, but of justice, and they are not held beyond the resources of the estate.

2216. The Manner of Fulfilling a Vow.--(a) As to Internal Disposition.--It is not necessary that one have at the time of fulfillment the purpose of fulfillment, provided there is no intention exclusive of that purpose, for the vow binds one only to do what was promised (cfr. 477). Hence, if one has vowed to hear Mass and then hears a Mass out of devotion, not thinking of the vow, one may take this assistance at Mass as a satisfaction of the vow.

(b) As to External Performance.--If a vow is personal, one must perform it personally, for one’s own act was promised, and hence, if personal performance becomes impossible, it is not necessary or valid to use a proxy; if a vow is real, one may use goods given by others, but one is not obliged in case of poverty to seek the goods of another, since one’s own goods were promised.

2217. The Obligation of Certain Kinds of Vows.--(a) Conditional Vow.--The vower is not obliged by the vow unless the condition is fulfilled, and this is probably true even when the condition is equivalently, but not formally, fulfilled (e.g., Titus, who has to support his mother, vows to enter religion as soon as she contracts marriage, but the mother unexpectedly dies and Titus is thus freed of her support). The vower is not guilty of sin against the vow if he prevents the fulfillment of the condition, unless he uses unlawful means. Such means are not employed if one is not obliged to fulfill the condition (e.g., a vow to pay an alms of $10 if one gets drunk), or if non-fulfillment is due to weakness, not to the purpose to defeat the vow (e.g., a vow to pay an alms of $100, if one remains sober for a year, when the vower becomes intoxicated accidentally or through frailty before the year is up), or if non-fulfillment is due to the exercise of one’s right (e.g., a vow to enter religion if one’s parents consent, when the vower in lawful ways persuades his parents not to consent). The vower is guilty of sin against the vow, if he uses unlawful means to prevent the condition’s fulfillment (e.g., if he gets drunk purposely in order to evade the alms promised for sobriety, or if he uses fraud or force to keep his parents from consenting to a vow which he has made dependent on their consent).

(b) Penal Vow.--The vower is not obliged by the vow if the act against which the vow is made is committed by him but is not sinful (e.g., Claudius vowed not to play cards, but on a certain occasion did play after having received a dispensation), or is only materially sinful (e.g., Balbus vowed not to use profane language, but on a certain occasion did use such language inadvertently), or is not sinful against the vow, at least if the penalty is for violation of the vow (e.g., Caius vowed not to quarrel under penalty of an alms for breaking the promise, but on a certain occasion did quarrel, adverting to the sin against charity, but not to the vow), or is venially sinful on account of the imperfection of the act, at least if the penalty is grave. If the vower has not determined the number of times the penalty is to be paid, it seems that it should be paid only after the first fault, if the penalty is grave and one that is not customarily repeated (e.g., a distant pilgrimage, a large alms), but should be repeated after every fault if the penalty is slight and one that is customarily repeated (e.g., a decade of the Rosary, a small alms).

(c) Disjunctive Vow.--The vow is null if one of the objects to be chosen from is evil, vain or impossible (e.g., a vow either to earn or to steal the money for an alms). The vower is held to nothing if before his choice one of the things to be chosen from has become impossible (e.g., Claudius vows to give one or the other of two chalices he owns, but before he makes his choice one of the chalices is stolen), or if after his choice the thing chosen becomes impossible (e.g., Claudius decided to give the larger of two chalices, but before he could give it, it was stolen). The vower is held, however, if one of the things to be chosen from has become impossible before choice through the vower’s own fault (e.g., Claudius’ chalice was stolen before his choice because he had culpably delayed to make a choice), or if the thing not chosen has become impossible after the choice (e.g., Claudius decided to give the large chalice and the small one was stolen afterwards).

(d) Doubtful Vow.--Doubts about the essentials, that is, whether a vow was really made (e.g., whether it was a vow or only a resolution, whether there was the requisite intention or deliberation, whether the vow was invalid on account of fear, etc.), or whether a vow certainly made was fulfilled, must be settled according to the principles for directing a doubtful conscience (see 672 sqq.). Thus, if it is more probable that a vow was made or that a vow was not fulfilled, the decision must be for obligation according to the Probabiliorists; but if there remains a positive doubt whether only a resolution was made, or whether a vow was fulfilled, there is no obligation according to the Probabilists. Doubts about accidentals, that is, whether a vow was of this kind or that (e.g., the circumstances of quality, quantity, number, etc.), must be settled according to reasonable rules of interpretation of the mind of the vower.

2218. General Rules of Interpretation of Doubtful Vows.--(a) Private vows must be interpreted according to the expressed or presumptive intention of the vower, for a vow is a private law, and the vower the lawmaker. (b) Public vows must be interpreted according to the sound doctrine of approved authorities on theology and Canon Law.

2219. Special Rules for Interpreting the Mind of the Vower.--(a) A doubtful vow should be interpreted from internal evidence, that is, from the language of the vow itself and the significance usually attached to the terms used, for the presumption is that the vower meant to express himself in the ordinary speech used for vows. Thus, a vow of “virginity” usually means the same as a vow of “chastity,” and should be so understood unless there is reason for a stricter interpretation. The language of a vow is to be understood in the light of the purpose of the vower (e.g., a vow to give a chalice to a church does not mean a glass chalice, since the Church employs only chalices of precious metal); a vow to hear Mass daily does not mean that one must hear two Masses on Sunday, since the purpose of the vow is to let no day pass without assistance at Mass.

(b) A doubtful vow that cannot be sufficiently construed from internal evidence should be judged from general presumptions, that is, from the custom as regards the vow taken (e.g., one who vows an alms is understood to promise the amount that others in his condition promise), from the custom or law as regards the matter of the vow (e.g., one who vows a perpetual fast is understood to promise a fast on days other than Sundays and holydays, for the church law distinguishes between fast days and feast days), from the rules governing the interpretation of laws (e.g., since things odious are to be of strict interpretation, he who vows to give something may himself determine what he wishes to give, provided it is not ridiculously small), from the conditions that are implied in every vow as to possibility, the rights of others, change in circumstances, etc. (e.g., he who promises to become a religious means that he will do so, if a Religious Order will accept and keep him; he who promises a gift means that he will give without prejudice to the claims of third parties, etc.).

2220. The Advantages of Vows to the Vowers.--(a) A first advantage is that a vow strengthens the will of the vower to do good and avoid evil. This is an important advantage, since human nature is so weak and inconstant and so much in need of helps that will add resolution and perseverance to its efforts. The vow is a promise binding not only in honor but also as a religious duty, and an act that has a special claim on divine assistance and a favorable answer, and hence it is a powerful ally to a virtuous life. True, he who takes a vow is subject to greater sin if he is unfaithful. But there is no good that has not some risk attached to it, and the risk here is due, not to the vow itself, but to the weakness of the will which may use it improperly. The person who thinks only of the dangers of storms will neither sow nor reap (Eccles., xi. 4).

(b) A second advantage is that a vow makes the good done more meritorious and praiseworthy. It adds to the virtue practised (e.g., abstinence) the virtue that directs (viz, divine worship or religion, the most excellent among the moral virtues); it offers God a more perfect subjection, since it presents to Him, not only a single act here and now, but the power itself of the will to do the opposite; it acts from a greater resolution and firmness, a circumstance that gives perfection to virtue. All this should be understood per se, or with the qualification “other things being equal”; for if we suppose that a person who has no vow serves God with great charity and fervor, there is no doubt that he is better before God than one who has vows and performs them carelessly and reluctantly.

2221. When a Good Vow May Be Sinful.--A vow good in itself may be sinful or the occasion of sin on account of the dispositions of the vower.

(a) Thus, in taking vows one commits sin if one acts imprudently in not taking into consideration the circumstances. Hence, before making a vow one should consider carefully and consult one’s confessor or director or some other prudent man.

(b) After taking vows one commits sin by regrets, if these regrets include the desire not to comply with obligations (e.g., when one regrets having lived up to a vow in the past or intends not to live up to it in the future, or when one keeps the vow only from human motives and wishes one could violate it), or if they manifest ingratitude towards God (e.g., when one regrets without good reason that one ever took the vow). The sin committed by desire not to comply with obligation is mortal or venial according to the nature of the obligation; the sin of ingratitude is venial. There is no sin at all, it seems, if for a reasonable cause one regrets having made a vow or wishes there were no obligation to perform something of supererogation that one vowed, unless by such wishes one is exposed to temptations and the danger of sinning against the vow.

2222. Merit of Fulfilling a Vow that One Regrets.--If one regrets having made a vow but intends to keep it, is the good work performed better by reason of the vow?

(a) If the intention to keep the vow is prompted by a religious motive (e.g., the desire to please God or the fear to offend Him), the good work is more meritorious than if there were no vow, for it has the double value of an act of religion and of an act of some other virtue, of a good work done and of a vow to do it.

(b) If the intention to keep the vow is prompted by a human motive (e.g., the desire to please some human person or to secure some temporal benefit), the good work is not made more meritorious, but indeed is not meritorious at all, since not done for God’s sake.

2223. Who Can Make a Vow?--Every person living in the state of mortal existence, whether Catholic or non-Catholic, is able to take a vow, unless there is an impediment of natural or positive law.

(a) Natural law excludes vows made by those who are not masters of their own acts or who have not the use of reason; for, since a vow is a law which one knowingly places on oneself, it cannot be made by those who have not the right of disposition over their acts or who do not understand the meaning of the obligation. Hence, religious and other subject persons are restricted as to the right of making vows, while infants and insane persons are utterly incapable of making a vow.

(b) Positive law of the Church has laid down certain conditions for the validity of public vows (e.g., age, performance of the novitiate, etc.), and hence those persons in whom the conditions are not found are incapable of taking these vows. The power of binding and loosing has been given the Church, and the regulations on public vows exercise this power for the benefit of the Church as a whole and of the persons who take vows, As to private vows, it is a matter of dispute whether the Church has the power to appoint conditions for them, since they are internal acts (see 426), but it seems that no such conditions have ever been made.

2224. Twofold Dependence on the Will of Another.--Those who are not masters of their own acts are unable to vow on account of their subjection to or dependence on the will of another. There is a twofold dependence of this kind.

(a) There is a dependence of the will of the subject, as in the case of religious who have vowed obedience to their rule and superiors, and in the case of those who have not attained the age of puberty and who must be guided and ruled by their father or guardian. This dependence means, not that the subject must have the positive consent of the superior for every act, but that he must not will or do anything contrary to the just will of the superior.

(b) There is a dependence of the matter of the vow, when it is subject to the wishes of another person, as happens in the case of those who have obligations to others. Thus, a wife cannot make a vow of chastity without the consent of her husband, otherwise she infringes upon conjugal rights; a servant cannot make a vow to spend in visiting churches time for which he is paid; a son who lives with his parents and is not emancipated cannot vow to give his earnings in alms, for he owes them to his family.

2225. The Validity of Vows Made by Subjects.--(a) If the vow is against the rights of another person, it is invalid without his consent. Thus, if a wife makes a vow of chastity without her husband’s consent, the vow obliges her to ask his consent, but it has no force if he refuses his consent.

(b) If the vow is against the subjection due another, it is invalid if he denies his consent. Thus, if a religious vows an act for which according to his rule permission must be sought, the vow has no actual force until the permission is obtained; if he vows an act that is good in itself, but absolutely forbidden in his rule (e.g., if a novice bound to remain in the cloister vowed to go on a pilgrimage), the vow is null, since it is better to keep the rule.

(c) If the vow is neither against the right of another nor against the subjection due, it seems that the vow is valid without the knowledge and consent of the superior. Thus, if a religious privately vows to do what is commanded in a particular law or rule, or what is counselled by his superiors, or what is good and not forbidden, the vow is valid until annulled by the superior; for, as was said in the previous paragraph, the subject is not bound to have the positive consent of his superior for all acts, and it is supposed now that the thing vowed is not detrimental to the rights of the superior or others.

2226. Cessation of Vows.--Since a vow is a private law, it may cease, just as a law ceases in certain cases (see 500 sqq.). There are, therefore, two ways in which a vow ceases or ceases to oblige.

(a) The vow ceases from within, or from internal causes, when the matter of the vow has so changed as to be detrimental or useless, or the purpose of the vow is no longer served by the vow. For the nature of a vow is that it promotes a better good to the greater glory of God. It is clear also that a temporary vow ceases when the time limit fixed to it has expired, and that a conditional vow ceases if the condition is not fulfilled (e.g., one vows an alms of thanksgiving if one’s mother recovers from sickness, but she dies).

(b) The vow ceases from without, or from external causes, when it is removed or suspended by the authority of God to whom it was made (dispensation) or by the authority of one who has power over the will of the vower or over the matter of the vow (annulment), or even by the authority of the vower himself in so far as belongs to him the right to substitute some equal or better work for the work vowed (commutation).

2227. Public vows do not cease from intrinsic causes, for this would be productive of many disadvantages to religious communities and to those who take vows in them. The chief cases in which private vows cease for internal reasons are as follows:

(a) They cease on a substantial change in the thing promised, for then the subject-matter has become morally different. There is a substantial change if the matter of the vow has become illicit (e.g., Titus vowed an alms to a beggar, but he learns that the beggar will use the alms to become drunk), or if it has become useless (e.g., Claudius vowed not to visit a certain house on account of the bad language used there, but the guilty parties have now moved away), or if it has become an obstacle to a greater good (e.g., Balbus vowed to go on a pilgrimage, but an epidemic has broken out and it is better for him to remain home and care for the sick), or if it has become impossible (e.g., Sempronius vowed to give an alms, but lost his money and cannot afford to keep the promise). Some also think there is a substantial change when circumstances are so different that, had the vower been able to foresee them, he would not have taken the vow.

(b) They cease on the disappearance of the principal reason that induced the vower to make his promise. Thus, if Caius vows a sum of money to an institution solely because it is poor and it becomes wealthy before he has fulfilled his vow, his obligation is at an end (see Canon 1311).

2228. Annulment of Vows.--The annulment of a vow is made in two ways, directly and indirectly. A full treatment of this subject will be found in commentaries on Canons 1312, 499, 88, 89, 675, 501.

(a) Direct annulment is the operation of a person distinct from the vower which, by affecting immediately the vower’s act, recalls the vow and makes it of no force. Hence, this kind of annulment may be exercised by all those who have such private authority over the will of the vower as to be able either to confirm or to cancel his acts. Private authority over the will of another is contained in the paternal power of the father over his children, in the domestic power of the husband over his wife, and in the governing power of a religious superior over his subjects. The paternal power may be exercised to annul the vows of children (at least, of those who have not reached puberty), since these children are incompetent to decide for themselves. The governing power also may annul directly the private vows of professed subjects made after profession, since these subjects have made a quasi-contract of submission in this matter. The domestic power of the husband, according to some, cannot directly annul the post-matrimonial vows of the wife, since the wife is competent to direct herself in these affairs, and has made no engagement of subjection in their regard; but others argue that at least positive law (Num., xxx. 2-17; Eph., v. 24) gives the husband this authority. The paternal power in this matter is had, not only by the father, but also by those who take his place (such as the guardian or the mother); the governing power is had by religious superioresses, by immediate and other regular superiors, by bishops in reference to their non-exempt communities, and by the Pope in reference to all communities.

(b) Indirect annulment is the operation of a person distinct from the vower which, by affecting the matter or object of the vow, suspends the obligation produced by the vow. Hence, this kind of annulment may be exercised by all those who have a right over the matter of the vow, when and as long as the vow is prejudicial to their right. Thus, the Pope may annul a vow of any of the faithful that is detrimental to his rights or the rights of the Church; parents may annul the vows even of their children who have attained puberty, when these vows interfere with family order; religious superiors may annul the vows of novices that are harmful to religious discipline; husbands and wives may annul each other’s vows that trespass on conjugal rights; a master may annul a vow of his servant that keeps the servant from performing work due the master.

2229. Reason Necessary for Annulment of a Vow.--Is a just reason necessary for annulment of a vow? (a) For validity it is not necessary that there be a just reason, since there is always the implicit condition in a vow: “unless the superior or other person whose consent is necessary refuses.” (b) For lawfulness it is necessary that there be a just reason, for it is not lawful to deprive God of honor promised Him, unless one has a good reason to do so (see Canon 1312). But the sin committed by one who annuls or who asks for annulment without sufficient reason does not regularly exceed a venial sin.

2230. Differences between Direct and Indirect Annulment.--(a) Direct annulment extinguishes a vow, since it affects the act of vowing itself, and hence, if a father annuls the vow of his son who has not reached the age of fourteen, the vow ceases entirely. Indirect annulment, on the contrary, only suspends a vow, since it affects only the matter of the vow and this matter may be withdrawn from the power of him who annuls. Thus, if a master annulled the vow of his cook to hear Mass daily, the vow would revive when the cook took service elsewhere.

(b) He who has power to annul directly may exercise the power even though he granted permission for the vow, or promised not to annul it, or gave his approval to it; for he retains his power over his subject and may change his own decision. But he who has only indirect power of annulment more probably may not annul once he has given his permission or ratification to a vow; for his power is only over the matter of the vow, and this, after he has consented to its dedication to God, is no longer under his control.

2231. Dispensation.--A dispensation is the relaxation of a vow granted in the name of God by one who has competent jurisdiction.

(a) It is a relaxation, that is, it removes the obligation (see 401). Thus, a dispensation differs from a mere declaration or interpretation that a law is not binding.

(b) It is a relaxation of the vow, that is, the dispensation, at least in modern practice, takes away not only the obligation but also the vow itself. It is not merely a suspension or a commutation, but a total removal of the vow.

(c) It is granted in the name of God; that is, the dispenser acting for God remits the promise that was made to God. Thus, a dispensation differs from an annulment, for the latter is made by the annuller in his own name on account of the authority he has over the will of the vower or over the matter of the vow.

(d) It is given by one who has competent jurisdiction, that is, public spiritual authority in the Church over the external forum. For, as a vow is an obligation to God, it cannot be removed without the act of those whom God has appointed as His representatives in spiritual matters. Here again a dispensation differs from an annulment, for the latter requires, not the power of jurisdiction, but only dominative or domestic power.

2232. Reasons Sufficient for a Dispensation.--A dispensation is granted in the name of God, and therefore, unlike an annulment, it requires a just reason for its validity; for the remission of a religious promise cannot be satisfactory to God, unless there exists a justifying reason. A dispensation conceded for insufficient reasons is invalid, even though all the parties concerned were in good faith; but, in doubt, the presumption is that the reasons were sufficient. The reasons sufficient for a dispensation can be reduced to two classes: (a) the public good of the community or of the Church (e.g., if a person bound by vow leads a dissolute life to the scandal of the public); (b) the private good of the vower (e.g., if he finds the observance of the vow too difficult, if he took the vow without much deliberation or with such fear as is insufficient to nullify, see 2195, 2196).

2233. Sinfulness of an Unnecessary Dispensation from Vows.--(a) The superior who grants the dispensation is guilty if he is certain that there is no sufficient reason for it, or if he doubts whether there is any reason for it. But he dispenses validly and lawfully, if he is certain that there is a reason for the dispensation, but doubts whether the reason is sufficient (see 407), Usually, a superior who has been asked for a dispensation should not be anxious about his right to give it, for the very insistence of the subject indicates that the vow has become harmful or useless.

(b) The subject is guilty if he asks for a dispensation while knowing that he has no right to ask for it, or if he uses it while knowing that there was manifestly no sufficient reason for it. But in case of doubt whether the reason was sufficient, the subject should be guided by the judgment of the superior, not by his own, for the decision belongs to the superior.

2234. Persons Who Have the Power of Dispensation.--The Church has the power to dispense both public and private vows, for Our Lord gave this power when He said: “Whatsoever thou shalt loose upon earth, shall be loosed in heaven” (Matt., xvi. 19), and the power thus given has been exercised from the beginning (see 314). Those who have the power of dispensation are the following:

(a) the Pope, since he is the Vicar of Christ, has the fullness of dispensing power. He may dispense from every dispensable vow, solemn vows included, and there are certain vows from which he alone may dispense. The vows reserved to the Pope or his delegate are almost all public vows and the two private vows of perfect and perpetual chastity and of entrance into a Religious Order of solemn vows. The two latter vows are reserved, however, only when made absolutely and with perfect freedom by one who has completed his or her eighteenth year;

(b) local Ordinaries (and superiors with quasi-episcopal jurisdiction, such as regular prelates) can dispense from the non-reserved vows. In certain cases, such as urgent necessity or a doubtful vow, they can also dispense from the two private vows reserved to the Pope. These matters are treated more fully by canonists, especially in connection with Canons 258 and 1045. It is the common opinion that regular confessors who have the privileges of Mendicants can dispense, either in confession or outside of confession, from all non-reserved vows not made principally for the advantage of a third party and accepted by him. Parish-priests and other confessors may dispense from a vow of chastity discovered at the last moment when all preparations have been made for marriage (see Canon 1045).

2235. Dispensation from Religious Vow of Chastity.--Does the Church dispense from the vow of chastity taken in religious profession or in the reception of Sacred Orders?

(a) There are no known examples of public dispensation of priestly celibacy for the sake of contracting marriage, but dispensations are granted from the religious vow of chastity.

(b) There have been cases in which subdeacons and deacons were permitted to marry for the sake of some common good of the Church or of a nation, and in which the marriages of priests were validated, as at the time of the Anglican Schism and of the French Revolution. But the clerics thus dispensed were forbidden the exercise of their clerical powers.

2236. Dispensation from a Vow Made for the Benefit of a Third Party.--(a) If the promise is gratuitous and not yet accepted by the third party, the dispensation can be given; for in such a case the only obligation is one arising from the vow, and the Church can dispense from vows. Hence, if one vowed to have Masses said for the soul of a deceased person or to give alms to the poor without determining any particular persons, the vows can be dispensed.

(b) If the promise is gratuitous and accepted by the third party, but is made chiefly in honor of God and only secondarily for the benefit of the third party, it is probable that the dispensation can be given. For that which is secondary in the promise should follow that which is primary, and here the vow, which is the primary intention, is dispensable.

(c) If the promise is gratuitous and accepted, but the purpose to benefit the third party is not subordinate to the purpose to make a vow, or if the promise is onerous, the dispensation cannot regularly be given. The reason is that in these cases there is question not only of a vow but also of a contract, not only of an obligation to God but also of an obligation to man, and justice demands that the rights of a party to a contract be not taken away without his consent. Thus, a vow of stability made on entrance into a Congregation cannot be dispensed without the consent of the Congregation itself, for the vow was also a contract between the Congregation and the vower. There are exceptions, however, as when the third party renounces his right, or when the Pope, in virtue of his supreme authority over ecclesiastical goods or of his dominative authority, grants a dispensation for which there are just and sufficient reasons.

2237. Persons Who May Be Dispensed from Vows.--(a) Dispensation may be granted to subjects and, in certain cases, even to non-subjects. Thus, a superior whose faculty is not restricted may dispense himself (see 403); but it is advisable that dispensation be always sought from another person on account of the danger of self-deception. A local Ordinary also has the power to dispense, not only his own subjects, but also outsiders who are in his territory (see Canon 1313).

(b) Dispensation may be given either in the confessional or outside of the confessional, unless the contrary is stipulated in the faculty. It is more suitable, however, that it be given in the confessional.

(e) Dispensation may not be granted except to those who are willing to accept it, and in this respect it differs from an annulment, which may be made even against the will of the vower. The reason for this is that the vower placed the obligation on himself freely (see 403). This holds at least as regards the dispensation of a private vow.

2238. Commutation of Vows.--The commutation of a vow is the substitution of some good work for the one promised by vow with the transfer of the religious obligation to the new work. Commutation differs from annulment and dispensation, for these take away the obligation while commutation only changes the matter, the obligation of the vow remaining unchanged. Thus, if the vow to make a pilgrimage is commuted into prayers, one is no longer obliged to make the pilgrimage, but one is bound under vow to say the substituted prayers. The power of the Church to commute vows is clear from what was said above about the power of dispensation, for he who can do what is greater can also do what is less.

2239. Kinds of Good Works that May Be Substituted for Vows.--(a) The good work can be a better work than the old one, that is, a work which, if not more difficult, is more pleasing to God and more spiritually advantageous to the vower. Hence, if one has vowed to give an alms to a poor stranger, the vow may be commuted, if the stranger has not accepted the promise, in favor of another stranger who is poorer or in favor of one’s father who is also poor.

(b) The good work may be a work equally good, that is, one which morally speaking has the same difficulty or spiritual value. Thus, one prayer may be exchanged for another of equal length, one alms for another of equal amount, one pilgrimage for another of equal distance. But equality is to be determined, not mathematically but morally, and hence one kind of work may be exchanged for another, one kind of vow for another, and it is not necessary that the works be of exactly the same worth. In fact, the new work, which objectively is only equal, is subjectively better, since it is more advantageous to the vower.

(c) The good work may be a work less good, that is, one which is clearly less difficult or meritorious, as when a Mass is commuted into a Rosary.

2240. Persons Who Have Authority to Commute a Vow.--(a) The commutation of a non-reserved vow into something better or equally good may be made by the vower himself, if there are no rights of a third party to forbid this. For the ends of the original vow (viz., the honor of God and the spiritual welfare of the vower) are thus better or at least equally served. But ordinarily one should not commute one’s own vows, since for most persons it is not an easy matter to decide what is a better or an equal good. How many understand the respective rank of the virtues? And even if one does know, for example, that religion is better than temperance, one cannot decide from this alone that a Rosary is an equal or a better substitute for a fast. One who wishes commutation for his vow, therefore, should consult his confessor or another priest.

(b) The commutation of a vow into something less good can be granted only by the one who has a special faculty; for this kind of commutation partakes of the nature of a dispensation, inasmuch as it relaxes to some extent the original vow. Those who have the power of dispensing (e.g., regular confessors who have the privileges of Mendicants) have also the power of commuting; but those who have only the power of commuting may not change a vow into something that is of notably less value. A good rule to follow in commuting a vow into something less is that more frequent reception of the Sacraments be the substitute ordered. The limitations on dispensations by reason of the rights of third parties (see above 2236) apply also to commutations.

2241. The Cause Required for Commutation of a Vow.--(a) For commutation into something better no cause is required, since the new work is its own justification. (b) For commutation into something of equal value, some cause is required, since it is a mark of inconstancy and therefore displeasing to God to give over one’s promises without good reason. But a light reason is sufficient, such as greater devotion or less danger of violating the vow. (c) For commutation into something of less value, a proportionate reason is necessary, not only for lawfulness, but also more probably for validity, since this kind of commutation is a partial dispensation. But the reason need not be so serious as that needed for a full dispensation.

2242. Reversion to Original Vow.--The return to the original vow by one whose vow has been commuted is always lawful, and in certain cases may be obligatory.

(a) It is lawful, even though the vow was commuted into something better; for a commutation is a privilege, and there is no obligation of using a personal privilege (see 523). Some authors hold that this doctrine does not apply when the vower himself commuted his vow into something better, but the common opinion is that the principle of privilege applies to every case, and that one may even choose between different works if a vow has been commuted a number of times. Those who make vows should be on their guard, however, against frequent and needless changes, since inconstancy is harmful spiritually.

(b) The return to the original vow is obligatory according to some when the vower commuted his own vow to something better and the new matter has become impossible; for the effect of the commutation was not to extinguish the old vow at once, but to offer a satisfaction in its place, and hence when this satisfaction proves impossible the vow must be performed. Others deny this and maintain that the old vow is extinguished immediately, since one who commutes a former vow is immediately held under vow to the substituted work. All agree, however, that if the commutation is granted by authority, the old vow is extinguished and there is no duty to return to it if the substituted work becomes impossible, even though the impossibility is due to the vower’s own fault. Hence, if a pilgrimage is commuted into a fast and the vower through his carelessness becomes sick and unable to fast, there is no obligation either to make the pilgrimage or to fast. It should be noted, though, that private vows made before religious profession are suspended only so long as the vower remains in the institute he has joined, and hence, if he is dismissed or leaves, the vows revive (Canon 1315).

2243. Duties of Confessors in Reference to Private Vows.--(a) A confessor should not readily permit penitents to take private vows, since a vow is a serious matter and should receive mature deliberation. A vow taken hastily in a fit of fervor will likely be soon repented of (see 2221). But if it seems that a penitent will be benefited by a vow, the confessor should give permission, though it will frequently be advisable to limit the duration of the vow at first to a month or a year or other fixed period.

(b) Nor should a confessor be easy in recommending commutations of private vows, lest those who have taken them be encouraged to make continual changes. On the other hand, if there is a good reason for a change (such as danger or difficulty in the old matter or greater devotion in the new matter), the confessor should not stand in the way of a commutation. Confessors who have not the faculties must have recourse to authority for dispensations and dispensative commutations, and the same course is advised for some difficult cases of annulment (e.g., when a husband and wife have made a mutual vow of continence).

2244. External Acts of Religion in Honor of God.--We now pass on to consider those external acts of religion in which the worshipper makes use of divine things in order to show honor to God (see 2175). These sacred things are of two classes, namely, objects whose use is the sanctification of man (Sacraments and sacramentals) and words whose use is the power they have on others or the manifestation of reverence towards God (the Divine Name). Sacraments and sacramentals will be dealt with later. For the present we shall speak of the honor shown to God by the use of His Name, and hence we shall take up in turn the following subjects: (a) use of the divine name to confirm before others one’s declarations or promises (oaths); (b) use of the divine name to move others to do or omit something (adjuration); (c) use of the divine name to express praise and invocation.

2245. Oaths.--An oath is the calling upon God to witness the truth of what we say.

(a) It is a calling upon God; that is, it is the selection of God as the witness of what is said. The oath is not merely an address made to others or a declaration that a fact is known to God (e.g., “God knows she has been a good woman”); it is an address or invocation made to God Himself. Neither is it a mere prayer that God will in some way bring out the truthfulness of what is said; it is an appeal to Him to corroborate that truthfulness by His own testimony. Neither does it appeal to testimony already given (e.g., the words of God found in Sacred Scripture), but to testimony to be given about the present matter. A prayer to God to prove one’s innocence or the proof of a theological proposition from the Word of God is not, therefore, an oath.

(b) It is a calling on God, and hence if appeal is made to some creature (e.g., in the expression, “upon my word of honor”) or to some false deity (e.g., “By Jove, I’ll do that”), there is no oath.

(c) It calls on God to bear witness; that is, it confirms the truth of one’s words by God Himself, who can neither deceive nor be deceived. He who swears does not ask that God intervene here and now by some visible or miraculous sign, but that God confirm, where and when it pleases Him, what is said, at least on that day when He will clear up the hidden things of darkness and reveal the secrets of hearts (I Cor., iv. 5). The proving force of the oath is that one who believes in God will not be so wicked or rash as to call upon the All-Holy to defend iniquity and falsehood.

2246. The Various Kinds of Oaths.--(a) By reason of the matter, an oath is either assertory or promissory. An assertory oath refers to the past or present (e.g,, “I swear that I saw the accident,” “I swear that I am insolvent”), a promissory oath to the future (e.g., “I swear that I will execute my office faithfully”). The promissory oath is either without a pact made with another (e.g., in the comminatory oath, “I swear that I will prosecute, if you do that”) or with a pact. This latter oath is called confirmatory, and, according as the pact is with God or with man or with both, it is either a sworn vow, or a sworn contract, or a sworn vow and contract.

(b) By reason of its mode, an oath is either contestatory (invocatory) or execratory. The contestatory oath simply calls on God as a witness (e.g., “God is my witness that this is true,” “I swear by God, etc.”). The execratory oath asks God, even though the Divine Name is not expressly mentioned, to punish the swearer in his own person or in the persons or goods that pertain to him, if the statement made is not true (e.g., “May God strike me dead, if this is not true!” “May the devil take my children, if I swear falsely!”). The form commonly used, “So help me God and these holy Gospels!” has an execratory sense, the meaning being “May God help me if I speak truly, may He deny me help if I speak falsely!”

(c) By reason of the person invoked, an oath is either explicit or implicit. The former calls on God by name (e.g., “God is my witness,” “I speak the truth in Christ”); the latter calls on some creature as the reflection of a divine attribute, or in some other way the representative of God (e.g., the oath of Moses in Deut., xxx. 19: “I call upon heaven and earth this day to witness that I have offered you life and death”).

(d) By reason of its legal form, an oath is either solemn or simple, judicial or extra-judicial. The solemn oath is taken with ceremony (e.g., before the altar, with hand placed on the Bible, with upraised hand, etc.); the simple oath is taken privately, without special form of words or ceremony. The judicial oath is taken in court or in reference to the public decision of questions of right, fact or delinquency (e.g., in Canon Law the oaths of calumny, malice, etc., which are treated in canonical works); the extra-judicial oath, solemn or simple, is taken on other occasions (e.g., when two contractants strengthen their compact by oath). Examples of solemn oaths in the Bible are found in Gen., xiv. 22, xxiv. 2, 3; Jeremias, xxxiv. 18.

2247. Moral Difference between the Various Kinds of Oaths.--(a) Essentially, there is no difference, since all the kinds agree in the principal features mentioned in the definition. (b) Accidentally, there is a difference in circumstances of form, solemnity, etc. Moreover, one kind of oath may be more obligatory (e.g., the solemn oath on account of the special deliberation given it and the scandal caused by its non-observance is more sacred than the simple oath), or it may have other species of obligation besides that of religion (e.g., the oath to keep a compact binds in justice as well as religion).

2248. Lawfulness of Oaths.--(a) It is lawful to take an oath that has the necessary qualities, for in Scripture God Himself is represented as swearing (Gen, xxii. 16; Psalm cix. 4, Heb., vi. 13, vii. 21), holy men swear and are praised for swearing as they should (II Cor., i. 23; Psalm xiv. 4), and the Church has always made use of oaths. The origin of oaths is man’s faith in God, and their purpose is the useful one of lending authority to important assertions. Indeed, an oath is an act of religion, for men swear only by one who is greater (Heb., vi. 13), and hence an oath is a profession of reverence for God’s superior knowledge, truth, and justice.

(b) It is not lawful to take an oath that lacks a necessary quality. Here we should note an important difference between an oath and other acts of religion, such as vows. An oath is not desirable for its own sake, since it is occasioned by human weakness and unreliability; hence, like medicine and other necessities occasioned by evil, it should be used only in serious need and sparingly. A vow or other act of religion, on the contrary, originates from the desire to honor God, even apart from necessity, and hence it may be used oftener. This explains why Scripture forbids the habit of swearing (Ecclus., xxiii. 9; Matt., v. 33; James, v. 12); but it is a wrong interpretation of these texts that sees in them an absolute prohibition of oaths. From the context and other passages it is clear that the Scriptures just cited reprove the Pharisees who taught that promiscuous swearing was lawful, provided only the matter was true or the Divine Name was not used, and also those persons who delighted to swear on all occasions.

2249. Necessary Qualities of a Lawful Oath.--The necessary qualities that should accompany an oath are expressed in Jeremias, iv. 2: “And thou shalt swear, ‘As the Lord liveth,’ in truth, and in judgment and in justice.” Judgment refers to the good dispositions of the person who swears, truth and justice to the righteousness of the cause for which he swears.

(a) Thus, an oath should have judgment; that is, the person who swears should do so only from serious necessity, with faith and devotion, and in a manner respectful to God whom he invokes. An oath that lacks judgment is called incautious or disrespectful, as when one swears about a trivial matter or swears jokingly.

(b) An oath should have truth; that is, one should not swear except to that which one believes to be true, after reasonable diligence has been used in seeking for the truth. An oath that lacks truth is called false or perjured, as when one swears to what one knows or believes to be false, or promises what one does not intend to fulfill, or swears that one is certain when one has only opinion, or swears with a purely mental reservation, or swears after insufficient investigation of a matter.

(c) An oath should have justice; that is, one should not promise what one has no right to promise (e.g., to tell a lie), and one should not say what one has no right to say (e.g., what is defamatory). The matter of the oath, then, both as to its object and its circumstances, must be good, even though one is swearing truthfully and respectfully. An oath that lacks justice is called a wicked oath, as when one promises under oath to commit murder, or not to follow what is of counsel, or swears about a real fact in such a way as to do unnecessary harm to another person or to boast about one’s own crimes.

2250. Sinful Oaths.--(a) An incautious or disrespectful oath is from its nature only a venial sin, since its malice consists, not in any direct injury to the divine truth or other attribute, but only in levity of mind; and, moreover, it is not opposed to the purpose of an oath, which is to confirm the truth. But accidentally it may be a serious sin on account of the scandal it gives (e.g., when a person of standing swears without necessity), or on account of the danger to which it exposes the swearer (e.g., when one swears habitually and is thereby put in the occasion of swearing falsely or unjustly). On account of the evils of familiarity, etc., to which habitual swearing leads, Our Lord warn us to be content as a rule to support the truth with simple assertion or denial (Matt., v. 2). At least for ordinary, daily communications the word of a Christian or honest man ought to be sufficient without his oath.

(b) A lying or perjured oath is from the nature of the act always (see 172) a mortal sin, since it consists essentially in contempt for God and disrespect for His attributes. The perjurer dares to ask God to be an accomplice in a lie, or else supposes that God can be deceived. Hence, only by reason of the imperfection of the act can perjury ever escape the guilt of mortal sin, as when one commits perjury without sufficient reflection on or full consent to the oath or to its falsity. Pope Innocent XI condemned the doctrine that perjury is only a light sin (Denzinger, n. 1174). In Canon Law those who perjure themselves are debarred from acting as witnesses or giving expert testimony, and are subject to penalties at the discretion of the Ordinary (see Canons 1757, 1795, 2323). In American civil law perjury is a false oath given before a tribunal and is a crime against public justice, while subornation of perjury and false oaths given on private occasions are also crimes or punishable offenses.

(c) A wicked oath, even though the thing sworn to be true and the oath be given only after consideration and in a respectful manner, is a sin against religion and any other virtue it offends. The sin committed by reason of the oath is from its nature mortal according to some, since the swearer gravely insults God by asking Him to become a partaker in sin and by turning into an instrument of sin what should be an act of religion; others hold that the sin is only venial, since it is not serious disrespect to ask God to witness the truth of what is true; others again make the gravity of the sin depend on the wickedness of the matter or circumstances. This wickedness committed by reason of the statement or promise is venial or mortal according to the case. Thus, there is grave injustice in revealing a fact seriously detrimental to another and which one is bound to keep as confidential; there is venial scandal in swearing in order to lead another person into a slight fault of detraction; there is a grave sin of impurity in promising to commit adultery; there is a light sin of theft in promising to steal a small sum of money. Finally, others hold that the oath is mortally sinful when it furthers a grave sin (e.g., an oath confirming serious detraction), and that it is venial in other cases (e.g., an oath confirming a boast about past mortal sins).

2251. Mental Reservation in an Oath.-(a) Strict mental reservation (i.e., the internal restriction of one’s words so that the listener cannot gather the true meaning, as when one says one has seen Rome, meaning a picture of Rome) is a lie, and hence cannot be used in an oath without perjury. See propositions condemned by Innocent XI (Denzinger, n. 1176).

(b) Wide mental reservation (i.e., the internal restriction of one’s words that may be gathered by the listener from circumstances, as when a servant says his master is not at home, meaning that he cannot be seen) is lawful only when there is some reason of justice or charity that demands it. Hence, it is a mortal sin to swear with this kind of reservation when the questioner has the right to know the truth; it is no sin at all when the questioner has no right to question and mental reservation is the only escape from a serious evil. If the questioner has no right to demand an oath and the deponent has no right to use mental reservation (e.g., when the oath is only private and not concerned with contract or other important matter), the sinfulness of a mental reservation is a matter of dispute. Some think the oath is mortally sinful, because it is gravely irreverent to God to call on Him to witness testimony meant to deceive. Others think the oath is only venially sinful, because the offense is not against truth or justice, but only against judgment or discretion.

2252. Cooperation in Sinful Oaths.--(a) Formal cooperation is never lawful, because it makes the cooperator will the guilt of what is done. Thus, he who by command, counsel, promise, etc., induces another to swear falsely is guilty as the principal or accessory to the crime (see 1513, 1778).

(b) Material cooperation is lawful when there is a sufficient reason for it, as when a public official demands the oath according to law from a person who, as he knows, will swear falsely. For the public good demands that in certain cases oaths be administered, notwithstanding that for some persons this will prove an occasion of perjury. But the lawgiver should not multiply temptations by demanding sworn statements unnecessarily; otherwise the oath becomes a mere formality deprived of proving value, and the crime of perjury is made common.

2253. Sinful Oaths Demanded or Accepted by Private Persons.--(a) Incautious or Disrespectful Oaths.--It is not lawful to ask or receive an oath, when there is no great public or private need for it; otherwise one makes a sacred act cheap and common. Neither is it lawful to ask or receive an oath from those who do not believe in oaths (e.g., the Mennonites, some Quakers); otherwise one compels another to swear against his conscience and indevoutly. Those who believe that oaths are sinful may be required, nevertheless, to bind themselves on their solemn word of honor, and may be punished in the same manner as perjurers if they speak falsely.

(b) Perjured Oaths.--It is not lawful for a private person to ask or receive an oath from another, if he is sure that the latter will commit perjury; but one may ask and receive an oath, even though one does not know whether the other person will swear truly or not, if one has a sufficient reason.

(c) Wicked Oaths.--It is clearly unlawful to ask or receive a wicked oath, in which something sinful is promised or stated; for the thing itself is then desired and there is formal cooperation. But it is not necessarily sinful to ask or receive a wicked oath, in which the sinfulness is found, not in the matter of the oath, but in the dispositions of the swearer, for there may be only material cooperation. Thus, he who exacts a sworn promise of murder agrees to murder, but he who demands a sworn statement against a third party for which there is necessity does not necessarily agree to hatred, if the person taking the oath swears out of hate or revenge.

2254. Fictitious Oaths.--A fictitious oath is one in which a person swearing externally has no intention internally to call on God as a witness.

(a) This kind of oath is invalid, for, as was just said, without a real intention to swear there is no oath. Hence, a fictitious oath produces no obligation of religion, but there may be an obligation of justice, as when the oath is the unjust cause of damage to another.

(b) This kind of oath is sinful, for, if it testifies to error, it includes the grave sin of external dishonor to God; if it testifies to truth, it includes the venial sin of taking God’s name in vain. The fictitious oath is a grave sin if the circumstances are such that a sincere oath is gravely obligatory, as when a superior or judge lawfully imposes an oath in a serious matter, or the parties to an important onerous contract bind themselves by oath in order to strengthen their pact.

2255. Expressions Confused with Oaths.--Expressions that are sometimes mistakenly confused with sinful swearing are the following: (a) profane or vulgar talk, such as “Hell,” “The devil,” “Doggone it”; (b) cursing, such as “Go to hell,” “God damn you,” “Damn it”, (e) contumely, such as “bastard,” “son of a bitch”; (d) vain use of the name of God, such as “by God,” “Christ,” etc., when used as common exclamations; (e) temptation of God, such as: “If there is a God, may He strike me dead!”; (f) blasphemy, such as: “May God perish, if this is not true!”

The expressions, “This is as true as the Gospel,” “God’s own word is not more truthful,” “I am as innocent as the Blessed Virgin,” etc., if used to confirm the truth, are not meant to assert the speaker’s equality to God and the Saints, and hence they are venial sins of taking the Lord’s name in vain. But, if they are used to confirm error, they are mortal sins of blasphemy.

2256. Obligation Imposed by Promissory Oath.--An assertory oath imposes the obligation of telling the truth and of repairing any damage that results from the falsity or injustice of the declaration. In addition, a promissory oath binds one in virtue of religion to perform one’s promise; for, as said above (2249), an oath must have truth. Hence, Scripture bids those who have sworn to fulfill the promise (Matt., v. 33) not to make the word of no effect (Num, xxxi. 3). But the thing promised must be possible and lawful, or otherwise the oath lacks judgment or justice. (a) Thus, an impossible promise is not binding, for no one can oblige himself to perform what he cannot perform (cfr. 2201); (b) an unlawful promise is not binding, for no one can oblige himself to perform what he is bound not to do. Thus, an oath to revenge murder by murder is null, and sin is committed both in taking and in keeping it.

2257. Obligation Imposed by Negative Oaths.--The obligation of a sworn promise not to do what is better (e.g., not to take a vow), or to do what is vain and useless (e.g., an oath to count the steps one takes), depends on the circumstances. (a) If there are no rights of a third party involved, these oaths do not hold (e.g., he who swears not to vow acts laudably in disregarding the oath). For one may not call God to witness or be guarantee for that which is less pleasing to Him, or which in no way honors Him, and for which there is no claim on the part of a third person. (b) If there are rights of a third party involved, these oaths oblige one to give the third party what he is entitled to from the promise (e.g., a nurse who swears to remain with a sick person may not violate the oath by entering religion).

2258. Obligation of Oath Is Personal.--An oath added to a promise made to man and obligatory in justice is personal, and hence it binds the one who makes the oath, but not his heirs (see 2216).

2259. Interpretation of Promissory Oaths.--(a) An oath should be interpreted strictly, for the presumption is that the promisor intended to place upon himself the least possible burden. Thus, if a person swears to observe the statutes of a certain Congregation, it should be understood that he pledges himself to present, not to future statutes; if he swears not to gamble, the oath does not forbid games in which money is not played for. But if the promisor acts deceitfully, the oath is to be interpreted according to the intention of him who receives the promise (Canon 1321).

(b) An oath is always subject to the limitations and reservations which the nature of the case, law, or custom demands. Hence, even though an oath is made unconditionally, the following conditions are understood: “If fulfillment will be physically and morally possible,” “saving the rights of superiors,” “unless the other party renounces his right,” “unless the other party fails to keep his part of the agreement,” “unless there comes a notable change in conditions.” If the promisor explains beforehand to the promisee what he understands by the oath, he swears only in the sense thus set forth by him.

(c) An oath follows the nature and conditions of the act (e.g., resolution, promise, vow, contract) that it confirms, for the accessory follows the principal. Hence, if the act to which the oath is attached cannot be obligatory (e.g., an act detrimental to eternal salvation, or the public good, or the rights of a third party), the oath gives no strength to this act (Canon 1318); if the act is naturally invalid (e.g., a promise obtained through substantial fraud), the oath is also invalid; if the act does not become effective (e.g., a promise not accepted), neither does the oath become effective; if the act ceases to oblige (e.g., a promise of secrecy made for a time), the oath also ceases to oblige; if the act is not obligatory under grave sin, the oath is not obligatory under grave sin (e.g., if one swears to observe the statutes of a university, one is not bound to observe those that are commonly neglected, one commits no sin by transgressing those that are merely penal or optional, and one commits no grave sin by violating those that oblige under venial sin).

2260. Kind of Obligation Produced by a Valid Promissory Oath.--(a) The obligation is one of religion, because the significance of the oath is that it adds the duty of respect owed to God to the duty of fidelity owed to the promise. Men swear in order to make their promises more trustworthy through the sacredness of the oath. The violation of a promissory oath is, therefore, always a sin against religion. There are other sins added in some species of oath, namely, a second sin against religion in case of a sworn vow, a sin against justice and fidelity in case of a sworn contract, a second sin against religion and a sin against justice and fidelity in case of a sworn vow and contract (see 2246 a).

(b) The obligation, other things being equal, is less than that produced by a vow, because the vow binds in virtue of fidelity to God, but the oath only in virtue of respect. The obligation of fidelity seems to be stronger, because unfaithfulness always contains disrespect, but not vice versa. Moreover, in the case of a vow not only the fulfillment of the promise, but the thing promised itself is sacred, which is not true in the case of an oath. An assertory oath, however, seems to be more binding than a vow, because it is a greater injury to God to make Him the witness for falsehood than to break a promise made to Him.

2261. Degree of the Obligation of a Valid Promissory Oath.--(a) The obligation is grave, from the nature of an oath, because the virtue of religion is preeminent among the moral virtues (see 2146). There is no doubt that mortal sin is committed when one gives a sworn promise and has no intention to fulfill it, for this is perjury (see 2250 b); and also when one unjustly refuses to live up to an important engagement made under oath, for this is irreligion and injustice in a serious matter. The remarks on grave matter in vows (2211) apply here, but, since the vow obliges more strictly, a somewhat greater amount is needed for serious matter in violation of an oath.

(b) The obligation may be light on account of the smallness of the matter involved. Even a vow, which is more binding than an oath, may be of venial obligation in this way (see 2211). A person who makes a promise under oath, fully intending to keep the promise, but who later changes his mind without sufficient reason, does not show disrespect to God, since when the oath was made he intended to abide by it, and does not seriously injure his neighbor, since, as we suppose, the matter of the oath is small. The sin, therefore, is one of inconstancy or levity, and, if there is disrespect, it is slight. Thus, if a person who had sworn to drink no more wine took a drop now and then, these transgressions would be only venial. Some authors, however, believe that every unfaithfulness to a promissory oath, no matter how small the subject-matter, is a grave sin, because perjury is committed by the breach of promise. This is commonly denied, because the meaning of a promissory oath is that God is called on to witness the truth of a present intention and the obligation (great or small) of a future performance.

2262. Cessation of Obligation of Promissory Oath.--The obligation of a promissory oath, like that of a vow (see 2226), ceases intrinsically or extrinsically.

(a) Intrinsically, an oath ceases when there is a substantial change in the matter (e.g., it is or has become impossible or unlawful, as in Herod’s oath to Salome), when the principal reason for the oath has ceased (e.g., Titus swore to give an alms to Sempronius because the latter was poor, but before the alms was given Sempronius became rich), or when the time or condition by which the oath was limited terminates the obligation.

(b) Extrinsically, an oath ceases by condonation (e.g., when the State or a private person to whom a sworn promise has been made yields the right and remits the obligation), by annulment (e.g., when a father nullifies the oath of his minor child), by dispensation (e.g., when the Church absolves from an oath taken under grave compulsion), by commutation (e.g., when the Church changes the matter of a sworn vow into something more suitable). Those who can annul, dispense or commute vows have the same power over oaths; but if the dispensation of an oath is detrimental to others who are unwilling to forego the promise, only the Apostolic See can dispense, and then on account of a necessary reason (see Canon 1320).

2263. Adjuration.--Adjuration is the invocation of the name of God used in a request or command to another person in order to move that person to do or omit something.

(a) It is an invocation, and in this respect it is like an oath, for both an oath and an adjuration call upon the name of God.

(b) It calls upon the name of God either explicitly (e.g., “I command you in the name of God”) or implicitly (e.g., “I beseech you for the sake of the passion of Christ”). If command or request is made in the name of a creature and without reference to God’s attributes reflected in them, there is not, properly speaking, an adjuration, as when one implores a favor from another person in the name of a Patron Saint, or of one’s country, parents, friendship, etc.

(c) It is used in a command or a request, and thus it differs from prayer, which cannot be made in the form of a command. But adjuration may be used in prayers to God Himself or to the Saints, as is done in obsecrations.

(d) Its purpose is to move another to an act or omission, and thus it is different from an oath. The end of an oath is to confirm one’s words by the testimony of God; the end of an adjuration is to influence another to a certain course through an appeal to his respect, fear or love of God.

2264. The Species of Adjuration.--(a) Adjuration is solemn or simple (private). The solemn adjuration is made in the name of the Church by her ministers and in the ritual form prescribed by her, as in the exorcisms of Baptism. The simple adjuration is made by private persons and without ritual ceremony.

(b) Adjuration is imperative or deprecative. The imperative is given in the form of a command to inferiors or demons, as when St. Paul writes to the Thessalonians: “I charge you by the Lord that this epistle be read” (I Thess., v. 27). The deprecative is given in the form of a request made to God or to any creature not damned, as when St. Paul writes to the Romans: “I beseech you, brethren, by the love of God that you present your bodies a living sacrifice” (Rom., xii. 1).

2265. Qualities of Lawful Adjuration.--Adjuration is lawful and an act of the virtue of religion, since it professes reverence for the divine attributes in using them as the most efficacious motives of appeal. But, like an oath, adjuration must be accompanied by qualities that make it lawful.

(a) Thus, there must be judgment, and hence those persons are guilty of sin who employ adjuration without necessity (e.g., those who constantly urge the love of God and other religious motives when asking for any favor), or without devotion (e.g., those who in anger are wont to command “for God’s sake,” etc.). The sin committed does not seem grave, since there is no great disrespect and the malice consists in taking God’s name in vain, not in insult.

(b) There must be truth, and hence an adjuration is sinful when used for a lying cause, as when a well-to-do person pretends to be indigent and begs that alms be given him for the love of God. The sin committed does not seem grave, since the act to which the other person is invited is good, and the act of adjuration itself does not ask God to testify to the lie, but only uses His name without reason. If the deception is mortally sinful, however, some authorities think that the adjuration added to it is a grave sin against religion.

(c) There must be justice, and therefore an adjuration is sinful when used to obtain something unlawful, as when one demands in the name of God that another person tell a lie or commit murder. The adjuration is gravely irreverent to God if the thing sought (e.g., murder) is a mortal sin; it is lightly irreverent, according to the common opinion, if the thing sought (e.g., a harmless lie) is only a venial sin.

2266. Persons Who May Be Adjured.--God may be adjured, but only in a deprecative manner, as is done in the obsecrations, “through Jesus Christ,” “through Thy Passion and Death,” etc. The purpose of adjurations addressed to God is not to change the divine decrees, but to obtain through His goodness what He intended from eternity that we should obtain by prayer. But the same form of adjuration cannot be used for all creatures.

(a) Thus, deprecative adjuration may be used in reference to those who are in some way one’s superiors. Hence, we may pray the Angels and Saints to grant a prayer for the love of God, and a beggar may ask in Our Lord’s name that a wealthy man give him an alms.

(b) Imperative adjuration may be used in addressing subjects or inferiors. Adjuration of demons must not be made in friendly words, nor with a view to obtaining services or knowledge from them, but in words of reproach and only as a means to end their nefarious activities.

(e) No kind of adjuration may be used in regard to irrational creatures, since they are without knowledge sufficient for receiving a command or a request. The adjurations of animals, the elements, inanimate objects, etc., that are contained in the Ritual, must be understood as deprecative adjurations addressed to God, or imperative adjurations addressed to evil spirits, that the creatures prayed over may be to our benefit and not to our hurt. Examples are the exorcisms of water, salt, mice, locusts, houses, or storms.

2267. The Use of Exorcisms.--(a) As to their effect, exorcisms are of two kinds, exorcisms in the strict sense (i.e., the expulsion of demons from possessed persons) and exorcisms in the wide sense (i.e., the diminution of demonic influence). Examples of the former are found in the Gospels, where Our Lord drives out many evil spirits from afflicted persons; examples of the latter are found in the exorcisms administered in Baptism and in the exorcisms of salt, water and other inanimate or irrational creatures.

(b) As to their manner, exorcisms are also of two kinds, the solemn and the private. The former are made in the name of the Church in the manner prescribed by the Ritual, and their administration is reserved to clerics who have a special and express permission from the Ordinary (Canon 1151, Sec. 1). The latter kind may be made even by members of the laity, and we read that certain Saints, like St. Anthony and St. Catherine of Siena, had great power over evil spirits. It is recommended that priests frequently use private exorcisms, at least secretly, for persons who are vexed by temptations or scruples, and for which they may use the form: “In the name of Jesus Christ, unholy spirit, I command you to depart from this creature of God.”

2268. The Effects of Adjurations.--(a) Adjurations addressed to one’s fellow-men upon earth impose no obligation of religion upon the persons addressed. Hence, if a rich man turns a deaf ear to an appeal for charity made in the name of God, he violates charity but not religion; if a child disregards a command urged upon him for the love of God, he violates obedience but not religion.

(b) Adjurations addressed to demons are not of infallible efficacy, at least as to the entire effect intended, for power over the spirits of darkness is given only in such measure as is needed for the propagation of the Gospel. But we believe that an exorcism pronounced lawfully by one who has the Order of Exorcist acts ex opere operato, at least to restrain the wickedness of the demons: “In My name they shall cast out demons” (Mark, xvi. 17).

2269. Praise of God.--Having discussed oaths and adjurations, in which honor is shown the name of God, and the immediate end of which is or may be some human advantage, we come now to the honor shown the name of God by praise in which the immediate end is some spiritual advantage. Praise is defined as “the declaration of another’s greatness with approval.” The divine praises include the prayers of wonder, of honor, of thanksgiving; but they differ from prayer properly so called or petition (see 2153).

2270. Internal and External Praise of God.--(a) Internal praise is expressed by the thoughts and affections of the soul. This is the most important part of praise, and without it external praise loses much of its value. Our Lord reproved the Pharisees for honoring God with their lips, while their hearts were far from Him (Matt., xv. 8), and St. Paul admonishes the Ephesians to sing and make melody to the Lord in their hearts (Ephes, v, 19).

(b) External praise is expressed in words (“I will bless the Lord at all times, His praise is always in my mouth,” Psalm xxxiii. 1), or in song (“Admonishing one another in psalms, hymns and spiritual canticles, singing in grace in your hearts to God,” Col., iii. 16), or by music (“Praise Him with sound of trumpet, with psaltery and harp, with timbrel and choir, with strings and organs, with high-sounding cymbals,” Psalm cl).

2271. Excellence of Praise of God.--(a) Praise Is Due to God.--His essence and attributes are ineffable and above all praise (Ecclus., xliii. 33), and they must be honored by the superior acts of worship and reverence. But the effects of His goodness shown to us should be declared and glorified: “I will remember the tender mercies of the Lord, the praise of the Lord for all the things the Lord hath bestowed upon us” (Is., lxiii. 7).

(b) Praise of God Is Advantageous to Man.--Internal praise lifts the soul on high and prepares it to receive benefits from God, while external praise helps the mind to keep its attention fixed on God, excludes those things that are contrary to Him, and offers edification to others. St. Augustine narrates in his Confessions how profoundly he was moved in spirit, even to tears, on hearing the hymns and canticles of the Church.

2272. Qualities that Should Be Present in the Divine Praises.--(a) Internally, there should be devotion. It is useful that those who perform or assist at the praises of God understand what is said, but it suffices for devotion that they know His greatness and goodness is being proclaimed. The intention should be to honor God, and hence there is no act of personal religion if in reciting or hearing God’s praises one intends only ostentation or pleasure; attention should also be given to what is said, and hence St. Augustine says that it is a sin to think rather of the music than of the praise of God proclaimed by the music (see 2164 sqq.).

(b) Externally, the divine praises should be respectful to God and helpful to recollection and devotion. Hence, the law of the Church excludes from her services all that is of a disturbing, profane or sinful character, such as theatrical displays, musical instruments that distract the mind from religious thoughts, lascivious airs or those suggestive of the dance. The Code prescribes that impure music of every kind must be eliminated from churches (Canon 1264), and Pius X in his Motu Proprio of 1903 lays down the rule that there must be nothing in the services of the Church that is calculated to diminish piety, give reasonable scandal or disgust, or offend the decorum of sacred functions or the sacredness of the place (see also Instruction on Sacred Art [Holy Office, 30 June, 1952], AAS 44-542). The sin committed by misbehavior or levity during divine services depends on the seriousness of the disrespect shown to God or the scandal given the beholders.

2273. The Sins against Religion.--Inasmuch as religion is a moral virtue and therefore consists in the observance of a golden mean, the sins opposed to it are the extremes of excess or defect. (a) The sins of excess offend, not because they offer too much worship to God (a thing that is impossible), but because they exceed by giving worship where it is not due or in a manner that is not due (superstition). (b) The sins of defect offend by denying due religious reverence to God Himself (temptation of God, perjury) or to sacred things (sacrilege, simony).

2274. Superstition.--Superstition is false religion, or a vice that offers improper worship to the true God or divine worship to a false god. Improper worship of the true God is either false or superfluous.

(a) False worship is opposed to the truth of religion (e.g., Old Testament rites which signify that Christ is still to come), or of rites (e.g., Mass by a layman, Mass according to a form disapproved by the Church), or of facts (e.g., fictitious revelations, ecstasies, mysticism, miracles, relies), or of morals (e.g., human sacrifice, praises of God to the accompaniment of lascivious words or music, etc.).

(b) Superfluous worship is offered when an external observance in no way serves the purposes of religion (viz., the glory of God, the elevation of the soul to Him, the repression of the passions), or is opposed to law or common custom. The purposes of religion are not served by actions foolish in themselves (e.g., the repeated mumbling of meaningless sounds) or in their intent (e.g., undue emphasis given to minor details of a religious act, such as color of the candles on the altar, the stature of the celebrant, the hour or condition of the weather, etc., as if weighty consequences depended on them). The chain prayer is another example of a superstition that places all the virtue of an act of worship in some small external circumstance. The law and custom are not followed in such superstitions as additional crosses, alleluias, credos, etc., made in violation of Mass rubrics, or a devotion consisting of fasts on Sundays, or new forms of piety that lack ecclesiastical approval. There is no superstition, however, in modes of worship approved by the Church (such as novenas, tridua, Gregorian Masses, and the like), for the Church recognizes no devotion or ceremony unless it is true and useful as an expression of religion.

2275. The Sinfulness of Improper Worship of God.--(a) False worship is from its nature a grave sin; it is seriously insulting to God because it offers Him dishonor as honor, and it is also seriously harmful to man because it casts discredit by its falsity on the name of religion. (b) Superfluous worship is from its nature a venial sin, since it contains no notable irreverence towards God and, being outlawed, does not reflect on religion. Accidentally, however, it may be a mortal sin, as when it is performed in such a way as to cause great scandal.

2276. Worship of False Deity.--Worship of a false deity is performed by offering a creature an act of homage due to God alone. Hence, there are three species of this superstition: (a) a creature is recognized as God, when it is offered a service (such as sacrifice) that testifies to supreme and infinite excellence (idolatry); (b) a creature is given the credit of divine knowledge, when instruction about hidden matters which only God could bestow is asked from it (divination), (c) a creature is treated as the supreme ruler, when assistance which only God can grant is sought from it (vain observance).

2277. Definition of Idolatry.--Idolatry is the supreme worship of latria offered to a creature.

(a) It is supreme worship, and hence the inferior reverence of hyperdulia, dulia, or civil honor, offered respectively to the Blessed Mother, angels, saints, superiors, etc., is not idolatry. The external signs of worship that belong to God alone (such as sacrifice, temples, priesthood, altars, etc.), may never be used in the veneration of creatures; nor the signs that are common to God and creatures (such as genuflexions, prostrations, prayers, etc.), if the intention is to adore.

(b) Idolatry is offered, that is, by it an act of worship is intended or is at least performed in a serious manner. Hence, it would not be idolatry so to enact a pagan ceremony that the onlookers could understand that no religious rite was being performed (e.g., if it were done on the stage, or in a joking manner).

(c) Idolatry is offered to a creature, and hence the relative honor that is shown the images of the Trinity or of Christ on account of the persons represented by them is not idolatry. The creature to whom idolatry is shown is either a person (e.g., an Angel, the soul of a departed person, a living human being), or an irrational creature (e.g., the bull Apis, a sacred plant), or an inanimate substance (e.g., statues or pictures, the elements, the heavenly bodies), or a fictitious being (e.g., Jupiter and the other gods of mythology).

2278. The Kinds of Idolatry.--(a) Idolatry is either internal or external. Internal idolatry has the intention to adore a creature, as when a Satanist offers sacrifice to demons. External idolatry performs an outward rite that signifies adoration of a creature, although there is no will to give adoration, as when a Christian out of fear of death reluctantly burns incense before an idol. (b) Internal idolatry is either perfect or imperfect. Perfect idolatry includes belief in a false god, as when an ignorant pagan prays to the sun and moon. Imperfect idolatry is committed when, without belief in a false god, there is the will to offer it divine worship on account of hatred of God, wish to obtain favors from demons, or the like.

2279. The Sinfulness of Idolatry.--(a) Idolatry is a most grievous crime. It entails rebellion against the majesty of God, attack on the virtue of religion, unbelief or denial of faith, and scandal; and hence it is forbidden in the first commandment: “Thou shalt not have strange gods before Me. Thou shalt not adore them, nor serve them” (Exod., xx. 3 sqq.).

(b) Idolatry in itself and in its highest degree is the most grievous of sins, for it includes both hatred of God (since it would deprive Him of His unique excellence by giving His honors to creatures) and blasphemous unbelief (since the idolater publicly professes that God is not above all). Now, it was said above that unbelief, hatred of God and blasphemy are the most enormous of sins (see 820, 895, 1301, 1302), and so it follows that the worst form of idolatry is graver than other sins.

(c) Idolatry, by reason of the dispositions of the person who commits it, may be less grievous than other sins. Thus, it is worse to hate or deny God internally than to worship an idol externally only; it is worse to blaspheme with great hatred and contempt than to practise idolatry with less malice. Imperfection of the act, as in cases of ignorance or want of consent, makes the sin venial, or no formal sin at all.

2280. Comparison of Different Sins of Idolatry.--(a) Internal idolatry is worse than external idolatry, because the former, though not the latter, includes approval of the superstition committed. (b) Imperfect idolatry is worse than perfect idolatry, if both be considered precisely as idolatry, since the former proceeds from malice, and the latter from greater or less ignorance. (c) External idolatry is aggravated when its motive is more sinful or makes the act more voluntary (e.g., it is worse to pretend sacrifice to an idol if the motive is to ingratiate oneself with the idolaters or to spite the Christians, than if the motive is to escape death at the hands of the pagans).

2281. Idolatry Possible in Christian Worship.--The guilt of idolatry may be incurred even by Christians offering worship to God. (a) Thus, in the adoration of the Eucharist there would be idolatry, at least material, if an unconsecrated host were exposed for veneration or given in communion. (b) In the veneration of the Saints there would be idolatry, if they were honored or invoked as if they possessed divine attributes.

2282. Definition of Divination.--Divination (soothsaying, fortune-telling) is a form of superstition in which the evil spirits are invoked explicitly or implicitly with a view to the discovery of what is future or occult.

(a) It is a form of superstition, because it seeks to obtain through natural means knowledge that cannot be had except from God, or substitutes other teachers for God.

(b) It contains the invocation of evil spirits, for the information sought surpasses the powers of nature and, being illicit, cannot be expected from supernatural powers that are good (such as God, the Angels, the Saints).

(c) The invocation is explicit or implicit. There is explicit calling on the evil spirits when one prays to the demon or makes an agreement with him; there is implicit invocation when one does not address an evil spirit, but does employ means for the discovery of knowledge which are not adequate, either from their nature or from the will of God, for the desired effect.

(d) The knowledge desired is of future or occult things, that is, of such things as cannot be foreseen in their causes or discovered by natural means (such as the future acts of free beings, the secret thoughts of the heart).

2283. Distinction between the Fact and Sin of Divination.--(a) The fact of divination--that is, the actual manifestation by evil spirits of things humanly unknowable--is not impossible, since the demons are far superior to man in intelligence and knowledge, and it is the teaching of revelation that they use their powers to mislead and seduce mankind. Their knowledge, however, does not extend to future contingencies, nor to the secrets of hearts, and their word cannot be relied on. A case of real communication by an evil spirit is that of the girl of Philippi possessed by a pythonical spirit (Acts, xiv. 16-18), and some think that the same can be said of the Witch of Endor (I Kings, xxvii. 7-25); but no doubt there have been many instances of divination in which the intervention of demons was only imaginary.

(b) The sin of divination is committed when one has the will to receive occult knowledge from forbidden sources, or uses the means to obtain knowledge from those sources, even though there be no communication or response on the part of the spirits of evil.

2284. Forms of Explicit Invocation.--Divination in which there is explicit invocation of the demon is of various kinds according to the medium through which instruction is given or expected.

(a) Thus, the medium is direct if it is an external sensible appearance representing the demon (praestigium) or an internal picture in the imagination or a dream containing his answer (oneiromancy).

(b) The medium is indirect and rational when it is a human being, dead or living. Divination through the evocation of the departed is known as necromancy, while that which is given through living possessed persons is called pythonism. Modern Spiritism partakes of the character of both necromancy (since the spirits of the departed are consulted) and pythonism (since persons supposed to be under the control of familiar spirits act as mediums).

(c) The medium is indirect and irrational when it is some solid body (such as iron, stone or crystal) in which figures or signs appear; idols from which oracles are received; tables or ouija boards from which answers are given by raps or writing; divining rods supposed to lead the way to any hidden person or thing, etc. (geomancy); or some liquid body (hydromancy), or air (aeromancy), or fire (pyromancy), or the entrails of sacrificial victims or natural prodigies, such as lightning (haruspicy). Here also may be mentioned the superstition of ordeal by fire, boiling water, combat, etc., once used to determine the guilt or innocence of an accused person.

2285. Forms of Implicit Invocation.--Divination in which there is only implicit invocation of evil spirits is manifold, just as the natural causes from which preternatural knowledge is expected are manifold. Among the principal forms are the following:

(a) that which is made from the human mind, when clairvoyance or clair-audience is employed. It is supposed that certain persons have the natural gift, at least when in a trance or hypnotic state, of perceiving what is done or said at a distance without any of the normal means of communication, and even of reading minds. This supposed inborn gift is sometimes called second sight or telepathy. Some authorities hold that there is sufficient evidence for vision at a distance as a sixth sense in certain individuals, especially among primitive peoples and persons bound by a tie of blood or intimate friendship. Moreover, many facts learned through telepathy seem to have been verified sufficiently to render telepathy probable. Accordingly, to believe telepathy or to practice it, excluding all superstition and invocation of demons, is not illicit.

(b) divination that is made from the human body in physiognomy, phrenology, and chiromancy. The physiognomist pretends that he is able to discover the hidden character, latent abilities or defects, secret thoughts, etc., by a study of the features or expression of the countenance. The phrenologist claims that he can read the mental and moral traits of a person from the bumps or prominences of the skull. The chiromantist, or palmist, promises to foretell the future, read the past, discover the present secret character and aptitudes of an individual from an inspection of the shape, lines and configuration of his hand and of the character of the lines and marks of his palms;

(c) divination that is made from non-human and necessary events in astrology. This pseudo-science gives predictions about the fortunes of an individual drawn from a study of his horoscope (i.e., the aspect of the heavenly bodies at the moment of his birth) and of certain rules of interpretation;

(d) divination that is made from non-human and contingent events in augury and auspice, which divine from the voices or manner of flight of birds; in omen or portent, which divine the future from some chance happening (such as meeting with a red-haired woman or a hunchback, a sneeze, etc.), in sortilege, which divines by lots or signs arbitrarily chosen (such as the letters that appear on opening a book at random, the numbers or figures that appear when cards are drawn or dice thrown). Superstitions about omens are of two kinds, some happenings being regarded as signs of good luck (e.g., to find a pin), others as signs of bad luck (e.g., to meet a black cat, to spill the salt, to break a mirror, to raise an umbrella in the house).

2286. The Malice of the Sin of Divination.--(a) The Theological Species.--If there is explicit invocation of evil spirits, divination is of its nature a mortal sin that admits of no lightness of matter, for it gives divine worship to a creature, acts on friendly terms with the enemy of God, and prepares one for apostasy and eternal damnation. If there is no explicit invocation of the spirits of evil, the sin is of its nature mortal on account of the implicit commerce with the devil; but generally the sin will be light on account of the dispositions of the offender (e.g., because he is ignorant, or consults divination as a joke or from curiosity, or has no faith in it). Hence, the faithful should be warned not to go to fortune-tellers or put faith in dreams, but, apart from such cases as serious scandal, habitual direction of one’s life by superstition, cooperation in serious sin of a diviner, etc., the sin will usually be venial, at least in young people. Persons who occasionally act or omit to act in some indifferent matter on account of dreams they have had are often excused from all sin on account of the fear or hope which the dreams excited.

(b) The Moral Species.--All forms of divination, it is commonly held, belong to the same species of worship of a false god (Deut., xviii. 10-12). Yet, the confessor should be told about an explicit pact with evil spirits, if there was one, since thus he will be able to decide the gravity of the sin and to make inquiries about other sins that usually accompany such a pact (e.g., blasphemy, promise to serve the devil, sacrileges, etc.).

2287. When Knowledge Is Obtained from God.--There is no sin of divination when knowledge is obtained from God.

(a) Thus, God can communicate directly in a vision or dream, and there are examples of this in Scripture, But generally one should not be guided by dreams as if they were means for supernatural knowledge, since nearly all dreams are produced by natural causes. It is not sinful to believe that a dream of an extraordinary kind (e.g., one in which the future is wonderfully foretold or a warning given, or which produces great spiritual good) was sent by God.

(b) God can communicate through other human beings, and hence it is not superstitious to put faith in the private visions or revelations that have been recognized by the Church, or that have the marks of genuineness required by the Church.

(c) God has sometimes communicated through the instrumentality of irrational beings or by means of portents. Thus, Gedeon took the words of enemy soldiers as a premonition of victory (Judges, vii. 15); Eliezer chose a sign by which to recognize the woman who should be the wife of Isaac (Gen, xxiv. 14); the ordeal of bitter waters was prescribed in Numbers, v. 11 sqq.; Josue discovered the guilt of Achan by lots (Josue, vii. 14), and St. Matthias was elected to the Apostolate by lots (Acts, i. 23-26). But these were exceptional cases in which men were inspired to consult God as they did, and it would be superstitious to seek knowledge in these ways against the will of God. Those who desire light and guidance should have recourse to the teachers God has provided on earth and should pray to God, leaving to Him the ways and means of His answer. Hence, the Church has declared it unlawful, even in private, to call upon the good spirits to give answers through automatic writing (Collect. de Prop. Fide, 1894), or to interrogate the dead at spiritistic seances (AAS, 1917, IX, 268). It is not superstitious, however, in a grave matter when there is no ordinary means of instruction at hand, to offer a prayer to God and then have recourse to lots to decide what course shall be followed (Prov., xvi. 33).

2288. When Knowledge Is Obtained Through Natural Causes.--There is no sin of divination when knowledge of the future or of hidden things is obtained through proportionate natural causes or indications.

(a) Thus, knowledge of future happenings is naturally deducible from their necessary causes, when these causes are known. The effect may be predicted with certainty if the cause is so determined to one course that its result is invariable (e.g., the revolution of the earth around the sun always brings on the four seasons of the year); it may be predicted with the greatest probability if the cause is so constituted that almost always it has a certain consequence (e.g., a seed properly planted usually grows into a tree). Hence, there is no superstition in astronomical predictions, weather forecasts by meteorologists, tables of life expectancy drawn up by insurance experts, etc., since these are inferences from known scientific laws.

(b) Knowledge of hidden things is naturally deducible with more or less certainty from the presence of their known causes, or effects, or indications. Hence, a physician is not accused of superstition if he reasons out the character or phase of an internal disease from the symptoms that exhibit themselves. Moralists today generally agree that the use of the magic wand (divining rod, dipping rod, dowser) for the discovery of subterranean springs, mineral deposits, oil wells, etc., is not superstitious, although there is some difference of opinion and uncertainty about the cause of the phenomenon. It is true that many means of detection or discovery, supposedly scientific, are due to misunderstanding of scientific principles or of logic; but their authors, since they rely on natural causes, are guilty of ignorance or quackery rather than superstition.

2289. Use of Lots.--Is it lawful to use lots in settlement of some business, when there is no intention to seek preternatural oracle?

(a) It is lawful to do this, if there is some reason of necessity or utility or amusement to justify the lots, and no injustice or prohibition of law. Hence, if there is no other convenient method of decision, one may use the drawing of straws or cards to decide how lands or goods shall be divided between claimants, or which of several competitors shall receive a reward or office.

(b) It is not lawful to do this, if there is a prohibition of law (e.g., ecclesiastical elections may not be made by lot), or if there is no necessity for the lots (e.g., it is at least foolish to use the Gospels for deciding by lot matters that could be decided by reflection), or if injury is done another person (e.g., to decide by lot when the merits of two contestants are unequal, to practise unfairness in the drawing).

2290. Vain Observance.--Vain observance is a superstition that ascribes to certain things effects for which they have no natural or communicated power.

(a) It ascribes the effects to natural things, but it supposes that in some way supernatural forces, not of religion, are at work in or through these things. Thus, just as in divination, there is in vain observance either an express or an implied invocation of the spirits of evil. The alchemists, who thought there was a philosopher’s stone able to transmute base metals into gold or an elixir that could greatly prolong life, looked to natural causes, and hence to that extent seem to be guilty of false science, rather than of superstition. Scientific materialism, though, is a crasser form of ignorance than any superstition that trusts in super-material powers.

(b) The things which vain observance makes use of are persons, acts, objects, circumstances, happenings, etc. Even sacred things may be employed as the material for vain observance, as happens when some accidental and unnecessary circumstance of a sacred rite (e.g., the size or color of candles) is given the credit of the sacred results. Here again vain observance and divination are alike, since the same means are employed by both.

(c) The effects looked for in vain observance, or the purpose had in view, is some fact or event. It is this characteristic that distinguishes vain observance from divination: the latter aims at occult knowledge, the former at supranatural results. The expected fact or event is something that surpasses the natural powers of physical or human agencies (e.g., sensation without sense excitants, mind-reading without external indications, scientific knowledge without study, bodily feats without corresponding bodily powers, detection of secret and hidden things without human means for detection), or even of the invisible world of spirits (e.g., creation, generation of new substances, evocation of the dead, internal motion of man’s will).

(d) There is no natural power in the things used for producing the substance or mode of the desired effects, that is, no inherent and sufficient force or activity. Hence, vain observance is not to be confused with scientific marvels or natural wonders whose explanation is unknown to the general public, or which cannot be fully explained by scientists themselves. Thus, the baffling tricks of white magic are due to legerdemain, ventriloquism, ocular delusions, and the like; the physiological changes (e.g., convulsions, hysteria, somnambulism, bodily cures) produced in mesmerism, hypnotism, thought healing, etc., are explained by suggestion and the motor power of images excited to produce bodily motions, passions, or changes; the mental phenomena (e.g., hyperaesthesia, wondrous visions, increased vigor of mind) of certain drugs such as hashish, mescal and opium, are caused by properties of these drugs.

(e) There is no communicated power in the things employed, that is, no instrumental virtue bestowed by a higher cause. Hence, since Sacraments, sacramentals, and miracle-working relics have from God in a greater or less degree an efficacy for results above nature, there is no superstition in their proper use, But, as was noted just above, sacred things themselves may be used superstitiously, as happens when they are regarded as principal agents, or when, contrary to fact, they are deemed to act infallibly or independently of any human cooperation or disposition.

2291. Forms of Vain Observance.--Among the forms of vain observance are the following:

(a) those by which one puts into use vain ceremonies or objects in the expectation that they will secure certain desired effects, or puts an exaggerated confidence in lawful rites or sacred objects;

(b) those by which one directs one’s life through fortuitous and impertinent happenings in the belief that they have the power to influence one’s fortunes favorably or adversely. This form of superstition is like divination by omens; the difference is that in using omens one chiefly seeks for knowledge of the future, while in observing chance events one chiefly intends the direction of one’s conduct. Examples are found in persons who fear to make a journey on Friday or to begin any important affair during the dark of the moon.

2292. Vain Observances from which Desired Effects Are Expected.--(a) Useful results are sometimes expected, such as knowledge for the mind (notorious art) or health for the body (healing observances). The notorious art consisted in the repeating of certain formulas or the gazing upon certain figures, prayers and fasts at times being added, and it was supposed that these practices would obtain infused knowledge without the necessity of labor or study. Healing observances are remedies used for man or beast that manifestly have no natural curative properties (e.g., a buckeye or rabbit’s foot carried in the pocket to ward off rheumatism).

(b) Wondrous results are sometimes expected, such as the power to bring on storms, telekinesis, materialization, and levitation, through the use of incantations, theurgic sacraments, spiritistic rites, etc. This is known as the black art or black magic.

(c) Evil effects are sometimes expected, such as the power to blight another by a glance (evil eye or fascination), the power to cast a spell over another person by certain spoken words, to bring disease or misfortune on a person by piercing or striking his effigy, to excite impure love for a determinate person by the administration of love philtres or charms, etc. (sorcery, witchcraft).

2293. Distinction between the Fact and the Sin of Vain Observance.--(a) The Fact.--The demons have naturally powers over our world that surpass those of human or physical agents, and it is not impossible for them to produce prodigies or seeming miracles. The magicians of Egypt by enchantments and certain secrets changed rods into serpents, etc. (Exod., vii. 12, viii. 7); the New Testament narrates that Simon the Magician bewitched the Samaritans by his magic (Acts, viii. 11), and it clearly foretells the lying wonders of Satan and Antichrist (Matt., xxiv. 24; II Thess., ii. 9). But there are limits to the power of the fallen spirits; for example, they cannot infuse knowledge, and occultism has contributed nothing to the advancement of science or civilization. Moreover, many effects that have been attributed to demonic intervention were due to natural causes or to fraud (e.g., a large proportion of spiritistic phenomena), or they were supposed to exist only because the popular mind was carried away by excitement or was bent on persecution (e.g., most of the witchcraft accusations of a few centuries ago).

(b) The Sin.--Vain observance in which there is no express invocation of evil spirits is common enough; even religious, educated and practical persons are found to act on superstitious hopes or fears or to put confidence in charms or amulets. But vain observance that includes an express invocation of demons is a comparatively rare sin. It is not impossible, however, that a person should come to such a pass of despair or malice as to wish to have dealings with Satan, or should be so carried away by curiosity, desire of wealth, power, fame, or honor as to be willing to barter his soul in exchange for them. That there were professional wizards from ancient times is a matter of history, and Scripture contains severe prohibitions against dealings with them (Levit., xix. 31, xx. 27; Deut., xviii. 10).

2294. Superstition in Religious Observances.--Superstition is sometimes found even in religious observances. (a) Thus, there is superstition in the observance itself when vain additions are made to an approved usage (e.g., the addition to a prayer against sickness of gestures, breathings, gibberish, etc., that have no significance of reverence for God). (b) There is superstition in the manner of the observance when one attributes the virtue of a sacred rite or object to some unimportant circumstance (e.g., the shape of the reliquary in which a relic is carried, the “propitious” day on which a sacramental was received), or expects from a sacred thing an effect which it has no power to produce (e.g., infallible certainty of salvation from the performance of a certain devotion or the presence of a holy picture or blessed object). It is not superstition, however, to attach significance to circumstances that have a sacred meaning (e.g., holydays, figures that have a religious symbolism), or to put a confidence in sacred things that is based on their character or approved usage (e.g., the hope and trust that blessings will be impetrated and salvation itself through fidelity to an authorized devotion).

2295. Sinfulness of Vain Observance.--The malice of vain observance is essentially the same as that of divination, for in both superstitions the same virtue of religion is offended by the sinful cult that is performed.

(a) Thus, there is mortal sin from the nature of the act, when vain observance is exercised with invocation of evil spirits or with false religious rites (for a serious injury is done to the honor due to God), or when a vain observance is meant to bring a curse or grave misfortune on a neighbor (for a serious injustice is willed).

(b) There is regularly only a venial sin, when a vain observance is of a non-religious kind, consisting in foolish heed given to chance happenings (such as a rabbit running across the road, the mention of death, the presence of a person regarded as a Jonah), or the use of improportionate means (e.g., to change one’s place at a card table in order to change the luck). For usually there is no irreverence in such practices, and at the worst they are foolish and idle acts. Often there is no sin at all, the vain observance being due to ignorance or the wish to joke.

(c) There is no sin at all, but rather subjective virtue, in religious practices to which on account of simplicity or invincible ignorance too much power is attributed, as when one who is faithful to the essential duties of religion has greater confidence in some personal devotion of his own than in them. But superstition of this kind, though in itself it is the least reprehensible form of superstition, may be very harmful and disedifying.

2296. Cooperation in Divination or Other Form of Superstition.--(a) Formal cooperation is of course never lawful (e.g., to act as the medium or one of the deceivers at a spiritistic meeting). (b) Material cooperation is lawful only when there is a proportionately grave reason, no danger of sin, and no scandal. Thus, it seems that no sin is committed by a scientist who assists at a spiritistic seance in order to discover the frauds that are resorted to, or who makes experiments with table turning or planchette movements in order to examine into the theory that the phenomena are due to the action of the persons present.

2297. Doubtful Cases of Vain Observance.--Cases in which it is a matter of doubt or dispute whether divination or vain observance is present.

(a) There is sometimes uncertainty whether an extraordinary fact is due to natural or supranatural causes, Thus, authorities commonly take the position, it seems, that certain phenomena of Spiritism (e.g., the apparently automatic movement of tables on which a group of persons rest their finger tips, the answers to questions that are rapped out by such tables), and of mental healing (e.g., the cure of bodily ailment by sympathy or moral influence), are accomplished through natural powers of matter or mind. But other authorities incline to a supranaturalistic explanation.

(b) There is also at times uncertainty whether a fact or practice has a religious or an irreligious character. As to facts, they sometimes appear to be so marvellous as to pass the natural, and yet it is difficult to determine whether their source is good or evil (e.g., when an ignorant person not noted for piety seems to have a remarkable ability for treating and curing all kinds of diseases). As to practices, they are sometimes susceptible of a religious or a superstitious interpretation. Thus, one who says, “God bless us,” at a sneeze may intend a prayer against sickness; one who knocks on wood after boasting may intend a prayer to Him who died on the wood of the cross, lest he be punished for boasting.

2298. Licitness of Using Doubtfully Superstitious Means.--It is lawful to use means that are only doubtfully superstitious if the following conditions are present:

(a) internally or subjectively, there must be a good conscience about the use of the means. The rule can be followed that what is not certainly of a supranatural character may be regarded as natural, but that what seems to be supranatural is not to be ascribed to God unless it has the marks and fruits of a divine work. When lawfully using means of a dubious character, it is advisable to make an inner protestation that one acts from reasonable necessity, and has no wish to take part in superstition;

(b) externally or objectively, there must be nothing in the object or circumstances or results to make the use of the means illicit. Thus, even though a practice be not superstitious, it may be unlawful because of the immorality of its object or tendency (e.g., frauds used by psychical researchers, obscene messages given by laboratory telepathists), or of its purpose (e.g., table-rapping used as the instrument of pretended religious revelations), or because of the evil consequences for body or soul (e.g., devotees of the ouija board give scandal to others and often end in insanity or suicide).

2299. Irreligiousness.--We now proceed to the four sins that offend religion by defect, namely, temptation of God and perjury, which show disrespect to God Himself, and sacrilege and simony, which show disrespect to holy things (see 2273). Perjury has been treated above (see 2249), and hence we shall consider now only the other three forms of irreligiousness.

2300. Temptation of God.--Temptation of God is a word or deed that puts God to the test to discover whether He possesses or will exercise some perfection.

(a) It is a word or deed, such as a prayer whose purpose is to discover whether God is possessed of knowledge, power or goodness, or an act of defiance performed in order to prove that there is no God.

(b) It puts God to the test, that is, the temptation is not seductive (since it is impossible to influence God to sin), but experimental. He who tempts God desires that God give some proof of His attributes.

(c) It is concerned with God, hence there is no temptation of God if one legitimately tests out the character of a human being. God Himself tempted by trial holy men like Abraham, Job, and Tobias in order that their virtue might be manifested and an example given to others. And of spirits St. John says: “Believe not every spirit, but try the spirits if they be of God, because many false prophets are gone out into the world” (I John, iv. 1).

(d) The purpose is to discover, without regard to the ordinary means of instruction and guidance appointed by God, whether God possesses or will exercise an attribute; that is, temptation of God is due to unbelief or to presumption.

2301. Cases Wherein There Is no Temptation of God.--(a) To seek a proof of divine perfections is not temptation of God, if the purpose is only to find new reasons for what one already accepts, or to experience in an affective way what one already admits speculatively. Hence, a theologian may study the attributes of God with a view to further illumination; hence also, one may prove the sweetness of God or the goodness of His will from the spiritual taste or relish for divine things (Psalm xxxiii. 9; Rom., xii. 2).

(b) To seek a sign of God’s will or a manifestation of His perfections is not temptation of God, if this is done, not from curiosity, ostentation or other vain motive, but from some reason of necessity or great utility, as when Gedeon prayed for a sign that the Lord had spoken to him or was with him (Judges, vi. 17, 37), or when Elias called on Jehovah to show His power before the worshippers of Baal (III Kings, xviii. 37). Hence, he does not tempt God who, when ordinary means of direction fail him in some critical affair, asks humbly for a sign of God’s will; or who in a matter of great moment asks for miraculous help if it be pleasing to God to grant it; or who exposes himself to serious danger for some priceless good that cannot otherwise be had, in the trust that God will be with him.

2302. Kinds of Temptation of God.--(a) In relation to its source, temptation of God arises either from unbelief or from presumption. The former, which is temptation of God in the strict sense, exists when one disbelieves or doubts some attribute of God and seeks to put it to the proof, as when the Israelites in the desert called into question the providence and power of Jehovah (Exod., xvii. 7, Psalm lxxvii. 18, 19), or when a person doubting the Real Presence asks for a miraculous sight of Christ in the Eucharist. The latter sin, which is temptation of God in the wide sense, is committed when a believing person asks without a just cause for a miraculous manifestation of God’s will, or powers, or of some other thing, as when a lazy man asks that his work be done in some miraculous way, or a rash man neglects the ordinary care of his health, asking that God supply for his carelessness. But temptation of God is not to be identified with the theological sin of presumption (see 1081).

(b) In relation to its manner, temptation of God is either express or interpretative. It is express when one intends by one’s word or act to put God to the proof in respect to knowledge, power, reliability, or other perfection (as when the Jews demanded that Christ come down from the Cross, if He were the Son of God) or to satisfy a vain curiosity or boldness (as when Herod asked Christ to work some miracles for his amusement). Temptation of God is interpretative when one does not intend to discover God’s perfections or make presumptuous requests, but nevertheless so acts or omits to act that one’s conduct is useful for nothing except temptation of God, as when a believer rashly promises a miracle to convince an unbeliever, a sick man refuses to use any medical care (Ecclus., xxxviii. 4), a lecturer goes entirely unprepared to his lecture, etc. Prayer made without the proper dispositions is a quasi-temptation of God (Ecclus., xviii. 23), because it is disrespectful and presumptuous; but it is not real temptation of God, nor of its nature mortally sinful, the direct end of the act being laziness or some other state of soul unsuitable to prayer.

2303. Causes that Exclude the Interpretative Temptation of God.--There is no interpretative temptation of God strictly speaking if one acts rashly or encounters danger, but does not at all expect miraculous or special intervention from God. This happens as follows:

(a) when one is unconcerned whether evil results or not, or desires that it may result (e.g., when a person who is tired of life seeks a dangerous occupation for the diversion and excitement it affords, or when a person practises abstinence from certain remedies as an act of moderate mortification);

(b) when one does not wish the evil result, but is so stupid or rash as to believe that an imprudent risk can be taken and evil escaped through chance or good luck, as when a student goes up for a difficult examination with slight preparation, trusting that only the things he knows will be asked.

2304. Refusal of Medicine or Hygienic Care.--(a) If there is a sufficient reason for this conduct, no sin is committed. There may be sufficient reasons of a natural kind (e.g., that the remedies are harmful or useless or too expensive), or of a supernatural kind (e.g., St. Agatha refused all medicines because God Himself was her physician, certain Saints were divinely inspired to make no effort to remove bodily maladies on account of the spiritual profit derived from them).

(b) If there is no sufficient reason for this conduct, it is sinful. Thus, one sins against faith, if the reason for the conduct is disbelief in the existence of evil (e.g., Christian Science or Eddyism attributes sickness and pain to imagination, and says that the only cure is “faith”); one sins by temptation of God, if the reason for the conduct is vain expectation of miracles; one is guilty of suicide or homicide, if the purpose is to end life, etc.

2305. The Sinfulness of Temptation of God.--(a) To doubt the perfections of God, or to call upon the extraordinary Providence of God in disregard of the ordinary Providence He has established is the essence of temptation of God. It is sinful, because it includes either unjustifiable doubt or vincible ignorance in the intellect or presumption in the will. Hence the command given in Deuteronomy (vi. 16): “Thou shalt not tempt the Lord thy God.” But invincible ignorance excuses from sin, and hence many of those who in times past resorted to ordeals by painful or dangerous tests (e.g., walking on burning coals, risking death in deep waters), in order that God might settle a doubtful matter, were, on account of their good faith, guiltless of temptation of God. The practice was condemned by the Church in the ninth century.

(b) To doubt about the positive and unknown will of God, or to call upon the extraordinary Providence of God (i.e., the direct intervention of the First Cause), without disregard of the ordinary Providence (i.e., of second causes appointed by God), is not sinful, if it is justified by necessity. Thus, being unable to resist the nations leagued against him, Josaphat prayed: “As we know not what to do, we can only turn our eyes to Thee” (II Paral., xx. 12). And Our Lord promised the disciples that, when they should be unable to prepare their defense on account of the persecutions to which they were subjected, the Spirit Himself would speak through them (Matt., X. 19), and that He would enable them to do things as difficult as moving mountains when real necessity called for it (Matt., xvii. 19). It is not unbelief to doubt about matters pertaining to God that are really doubtful (i.e., not His perfections, but His positive and unknown will), and hence one does not tempt God who asks for divine guarantees of a religion proposed as divinely revealed (see 795); it is not presumption to ask God for a sign or proof, if God directs one to do this (e.g., Abraham in Gen., xv. 8, was inspired to seek a sign that the promised land would be given his posterity; Achaz in Isaias, vii. 11, was bidden for the sake of others to ask for a sign), or if, when a sign from God seems necessary or very useful, one prays for it prudently and on condition that the request is pleasing to God (e.g., the Apostles in Acts, iv. 30, prayed for signs and wonders in confirmation of their preaching).

2306. The Malice of Temptation of God.--(a) It is a sin directly against religion, for one shows contempt to God when one demands that He prove His perfections, or when one takes the liberty to disregard the ordinary means He has established and to call for others. The sin is less, however, than that of superstition, since temptation of God professes doubt, while superstition professes positive error. Temptation of God offends also against other virtues, such as faith (e.g., when one doubts the perfections of God), hope (e.g., when one presumes that God will do all without one’s cooperation), charity (e.g., when a person exposes his own life to risk or his neighbor to scandal in a vain confidence that the danger will be miraculously averted).

(b) It is a mortal sin from its nature, since it offends religion. But it may be venial on account of the imperfection of the act, as when from weakness of faith or without reflection one asks unnecessarily for a sign (Luke, i. 11-20). It may be venial also from the lightness of the matter, if the temptation is interpretative, as when one presumes on the divine aid in a slight sickness, an unimportant talk, or other small affair.

2307. As a rule temptation of God is only a venial sin, and in an individual case it is rarely mortal, except in the following instances:

(a) when one intends a grave offense against God, as by doubting His goodness, demanding or attempting a miracle to satisfy curiosity;

(b) when one exposes oneself to grave peril, as by leaping from the roof of a high building, refusing all remedies or means of preserving health, neglecting to provide for one’s sustenance, etc., in the expectation that God will miraculously provide;

(c) when one causes grave harm to others, as when a person rashly asking for signs exposes faith to the derision of unbelievers or scandalizes believers.

2308. Sacrilege.--Sacrilege in the wide sense is any sin against the virtue of religion. But in the strict sense, in which it is now taken, it is defined as “the violation of a sacred thing.”

(a) Sacrilege is against a thing, that is, against some person, place or object dedicated to divine worship as a possession of God. Sacrilege differs from the two previous sins of irreligiosity (namely, temptation of God and perjury); for they are against the reverence due to God Himself, while sacrilege is against the reverence due to things on account of their use in the worship of God.

(b) It is against a sacred thing, that is, against the sanctity which a thing acquires from its dedication to God (e.g., when a church or a chalice is consecrated to divine worship, when a virgin is dedicated to God by vow), or from the immunity or privilege conferred on it by the Church on account of its dedication to God (e.g., the clerical privileges of forum and of canon in Church Law). But sacrilege is present only when a sacred thing is attacked in that special quality or relation in which it is sacred. Hence, he who violates the chastity of a virgin consecrated to God is guilty of sacrilege, since it is her chastity that was vowed to God; he who strikes her is also guilty of sacrilege, since he attacks the sacred immunity which the law confers on her; he who calumniates her or steals from her is not guilty of sacrilege, since her name and goods are not consecrated to divine worship nor protected by its special sacredness in law.

(c) Sacrilege is a violation, that is, an action or omission physically or morally injurious to the sacred character of a person, place or thing. The difference between the injury done in sacrilege and that done in simony is that the former injustice belongs to the class of wrongs inflicted in involuntary commutations, such as theft or robbery (see 1748, 1815), whereas the latter injustice pertains to the category of wrongs perpetrated in voluntary commutations, such as buying, selling, or lending. In both cases there is an injury to the property or possession of God, but the difference is that in sacrilege the parties involved are the sacrilegious person acting as aggressor against God, in simony the parties are two men bargaining together to buy and sell the sacred things of God.

2309. What Kind of Consecration Must Be Violated to Constitute Sacrilege?--There are various opinions about the kind of assignment to worship necessary for the sacredness which is injured by sacrilege.

(a) The opinion that seems to be common today holds that the assignment must be made through some public rite or consecration on the part of the Church. Hence, according to this view, the violation of a private vow or resolution is not sacrilegious, but rather perfidious or disloyal. The argument for this opinion is that the public acceptance of the Church, which has control over divine worship, is a necessary factor in making anything sacred to that worship; and that many absurdities would follow from the principle that each individual has the power to give the sacredness in question to his own person, acts or possessions.

(b) According to a stricter opinion, no public assignment is necessary if the consecration is a personal one; and hence the violation of even a private vow of chastity would be sacrilegious. The argument is that even a private vow affecting the person sets it apart as a sacred thing.

(c) According to a still stricter view, no public assignment to worship is necessary, whether the consecration be personal or non-personal, and hence even the violation of a vow to fast would be sacrilegious. The argument is that anything set apart for God’s honor, either publicly or privately, becomes sacred to Him.

2310. Is Sacrilege a Special Sin?--(a) As regards its matter or subject sacrilege may be called, though improperly, a general sin, in the sense that many different classes of sins may be sacrilegious (e.g., murder is sacrilegious when a sacred person is killed, lust is sacrilegious when a person vowed to God is violated; theft is sacrilegious when objects consecrated to divine worship are stolen, etc.).

(b) As regards its form or essence, and hence properly speaking, sacrilege is a special sin, because there is a peculiar deformity contained in the very nature of sacrilege that is not in other sins, namely, the disrespect shown to God through contempt for things that are sacred to Him. Moreover, there may be a sin of sacrilege that is separate from other sins, such as murder, lust, and theft, for example, when the right of asylum is violated.

2311. The Species of Sacrilege.--(a) Personal sacrilege is committed when the sacredness of a person is violated. This happens in the first place when bodily or real harm (e.g., gravely sinful striking, citing before a secular tribunal, subjecting to civil duties or burdens, such as military service) is done to a cleric; and in the second place when a grave sin of unchastity is committed by or with a person dedicated to God by a vow (at least by a public vow) of chastity. Sacrilege committed through bodily or real harm is treated by canonists under the questions of the privileges of canon (Canon 119), forum (Canon 120), immunity (Canon 121). Sacrilegious impurity committed with a person vowed to chastity and sacrilegious impurity committed by a person vowed to chastity are grave sins of lust, even though they be only of thought or desire.

(b) Local sacrilege is committed when the sacredness of a place is injured. A place is considered sacred or religious when it possesses sanctity as being consecrated or blessed for divine worship or for burial of the faithful, namely, churches, public or semi-public oratories, and consecrated cemeteries. Injury is done to the holiness of the place by desecration or profanation. Desecration is the performance in a sacred place of a notorious act of irreverence which so spiritually contaminates it that the divine offices may not be lawfully celebrated therein until the rite of reconciliation has been performed. Canon 1172 enumerates four causes of desecration: the crime of homicide; the injurious and serious shedding of human blood; impious or sordid uses (e.g., if a church were turned into a brothel or gambling den, a dump, or cattle stable), and burial of an infidel or person excommunicated by condemnatory or declaratory sentence. Profanation of a sacred place is a disregard for the religious respect or immunity due to it which in some way materially contaminates it (e.g., if a church is not kept nice and clean; if markets and fairs are held in its precincts; if it is used for shows, plays, moving pictures, banquets, court proceedings; if the right of asylum is violated; if the church is broken into, seriously defaced, burned). These matters are treated more fully in commentaries on Canons 1172 sqq.

(c) Real sacrilege is committed when the sacredness of an object is violated. An object is sacred when it contains the Author of holiness or confers holiness (viz., the Eucharist and the other Sacraments), when it is naturally related to the Sacraments or sacred persons (e.g., the sacred vessels, images and relics of the Saints), when it is set aside for the uses of worship (e.g., holy water and other sacramentals, candles for the altar) or the maintenance of the Church or its ministers (viz., movables and immovables of a parish, money left for the support of the clergy, seminarians, etc.). Injury is done to the holiness of an object by unworthy treatment or by unjust damage or conversion. Examples of unworthy treatment are the following: the invalid or sinful administration or reception of a Sacrament, parodies of Sacred Scripture, scandalous manner of enacting sacred rites or saying prayers, use of sacred chalices or other sacred vessels or of blessed articles for profane purposes, use of unblessed holy articles for sordid or ignoble purposes, handling of chalices, etc., by those who have no right to touch sacred vessels (Canon 1306). Examples of unjust damage or conversion are: contemptuous breaking or burning of relics, oils, pictures used for worship; theft of moneys or goods belonging to the Church.

2312. Special Cases Regarding Local Sacrilege.--Local sacrilege is not committed by every sin, even though grave, that is done in a holy place, for the character of this sacrilege is that it be such an injury to the sacredness of the place as to make what should be hallowed seem horrible, or contemptible, or common. Hence, there is no sacrilege in detractions, lies, perjuries, blasphemies, or in most internal sins, when committed in a church or cemetery. But there are two kinds of sins which are sacrilegious profanations of holy places, namely, theft and impurity.

(a) Theft in a holy place is certainly sacrilegious when the thing taken is sacred (e.g., a chalice, money in the votive stands). It is probably not sacrilegious when the thing taken is not sacred (e.g., the pocketbook of a person kneeling in the church), and if the thing taken was not left in the custody of the place. This matter, however, is disputed.

(b) Impurity, if external and perfect (voluntaria effusio seminis), is sacrilegious, though under the Code it does not seem to be a desecration. The same is probably true of external but imperfect sins (such as touches, looks, words, gestures). Internal acts of impurity are not sacrilegious, unless they include a desire to sin externally in a holy place.

2313. Cases Wherein There Is No Sacrilege.--In the following cases no sacrilege is committed:

(a) when the thing violated is not sacred. There is no personal sacrilege in an act of unchastity committed by a person privately vowed to chastity (common opinon). While some authors teach that personal sacrilege is committed by the violation of poverty and obedience (see Merkelbach, Summa Theologiae Moralis II, n.804, 4), it seems better to hold the opposite opinion and restrict personal sacrilege to violations of chastity by persons with religious vows or admitted to the religious state. There is no local sacrilege in the profane use of a place devoted to works of piety but not specially set apart for them by Church authority (such as a private oratory, or a hospital conducted by the laity), nor in the burial of infidels in an unblessed graveyard. There is no real sacrilege in profane use of things which are not set apart exclusively for sacred use (e.g., to use the candelabra and candles of the altar to read by in one’s room), or which have not been made sacred (e.g., to steal money promised but not delivered to the Church or the personal belongings of a cleric);

(b) when the thing injured is sacred, but the action or omission is not opposed to the attribute in which it is holy, or to a law made to ensure respect for it. Thus, a person who has the vow of chastity does not commit sacrilege if he becomes intoxicated or uses profane language, for he was not consecrated against those sins; a sacred place is not sacrilegiously violated by an act not opposed to its holiness or the respect demanded for it by the law (e.g., organ recitals or awards for Christian Doctrine in church, sale of candles in the vestibule, physical violence against a disturber of divine service). Sacrilege is not done in reverently destroying an old and tattered vestment, in respectfully handling agnus deis, relics, unused palls, and other objects that may be touched by all.

2314. Sacredness as Aggravating Circumstance of Sin.--But a sin that is not sacrilegious is often made worse by reason of the sacredness of some thing with which the sin is connected. (a) Thus, the sin is aggravated by such circumstances as person and place. In this way it is worse for a person vowed to God to blaspheme or lie than for one who has no vow; it is worse to carry on frivolous or calumnious conversations in church than on the street. (b) The sin receives the additional malice of sacrilege if the sinner expressly intends the circumstance of time, place, etc., in order to show contempt. Thus, it is not sacrilege to get drunk on a Sunday or holyday, unless one wishes by the sin to show dishonor to the sacred time; it is not sacrilege to conduct oneself with levity in church, unless one wishes by the levity to show contempt for the place.

2315. The Malice of Sacrilege.--(a) The moral malice of sacrilege is that of irreligiousness (see 2299). The three kinds of sacrilege (personal, local and real) are commonly regarded as three distinct species of sin; for, just as injuries done to a man’s person, to his immovable property, and to his movable goods are looked upon in law as different kinds of offenses, so are injuries offered to the ministers of God, the house of God, and the objects used in the service of God unequal in the dishonor which they give to God before the public. More probably there are no sub-species of these three classes of sacrilege. Hence, in so far as the disrespect to God is concerned, there seems no essential difference between the sin of violating and that of striking a consecrated virgin.

(b) The theological malice of sacrilege is mortal from the nature of the sin. Just as it is gravely insulting to a man to treat his representatives or his home or chattels with contempt, likewise disrespect for the things of God is disrespect for God Himself. The seriousness of sacrilege is seen from the punishments visited on Core, Dathan and Abiron (Num., xvi), on the sons of Heli (I Kings, ii. 17, iv. 11), on King Balthasar (Dan., v. 2 sqq.), and on the sellers in the temple (John, ii. 14). Sacrilege may be venial, however, on account of the imperfection of the act (e.g., when one strikes a priest without reflecting that he is a clergyman) or the smallness of the matter (e.g., to quote Scripture in a decent joke, to use altar linen that is only slightly soiled or torn, to touch the chalice without permission, to steal a few pennies from a church).

2316. Conditions that Govern Gravity of Sacrilege.--To decide in a concrete case whether a sacrilege is gravely or lightly sinful, one should consider the internal state of mind of the offender and the external character of the offense. (a) Thus, if the purpose is directly and formally to dishonor God, the sin is grave, but, if there is some other purpose, it may be light. (b) If the thing dishonored is more closely related to God, or if the act of dishonor is in public estimation more insulting, the sin is more serious. Unworthy treatment of the Eucharist is the worst of sacrileges; ill-usage of a sacred person is worse than disrespect for a sacred place; treading the Sacred Species under foot is more contemptuous than an unworthy Communion, etc.

2317. Simony.--Simony derives its name from Simon Magus, the first person in New Testament times, as far as we know, who committed this crime. For it is written of Simon (Acts, viii. 18 sqq.) that he attempted to buy from St. Peter the power of imposition of hands. But the sin was not unknown in the Old Testament, as we see from the examples of Baalam (Numb., xxii. 7), Giezi (IV Kings, v. 20 sqq.), and Jason (II Mach., iv. 7 sqq.).

2318. Definition of Simony.--Simony is defined as “the studied will to buy or sell for a temporal price or consideration something that is spiritual either intrinsically or extrinsically.”

(a) Simony is in the will, for it is an act of injustice pretending to have or to receive the right of dominion over spiritual things that belong to God alone, and injustice is a vice of the will. Hence, simony is not an internal sin of the intellect; for, though one who practises simony externally makes to some extent a profession of belief in the heresy that man is the owner of spirituals and gives grounds for the suspicion that he holds that the sale of spirituals is lawful, yet he may know well that the things of God are priceless and still wish to give or receive a price for them. Again, simony is not to be identified with the external act of bargaining for spirituals; for, though the law punishes only external or completed simony, the guilt and malice of the sin is present even when one has the desire to traffic in spiritual things, but makes no overtures or compact.

(b) Simony is a studied will; that is, it is an act of free and deliberate choice selecting some form of internal or external simony as a desirable means. Hence, it is not sufficient for the sin of simony that there be an internal wish not fully voluntary on account of inculpable ignorance or imperfect consent; nor, on the other hand, is it necessary for incurring the guilt of simony that there be a mutual pact, but it suffices that one party alone have the will to make the pact or to obligate another party to simony.

(c) It is a wish to buy or sell, that is, to give or receive a temporal thing in exchange for a spiritual thing. There is question here, then, not only of the contract of sale, but of any other form of onerous contract, such as hire, rent, loan, exchange, do ut des, facio ut facias, etc. To be simoniacal, however, a contract need not be fulfilled or explicitly manifested; it suffices that it be unfulfilled or tacitly made, if the sinful intent can be gathered from the circumstances of the case. Hence, from the present part of the definition it follows that there is no simony in a gratuitous contract (e.g., when one gives a gift to another hoping and expecting that the later from gratitude will give in return something spiritual which it is lawful to bestow from gratitude; when a poor person offers to make a novena for benefactors who give him an alms). It is simony, however, to make an onerous contract under the guise of a gratuitous contract, for example: “I give you this money as a pure gift on condition that you will not be ungrateful but will give me this spiritual favor as a pure gift.”

(d) The price or consideration in simony is some thing, action or forbearance which in some way is of advantage to the recipient. Simony in the strictest sense is committed when a temporal thing is offered for a spiritual thing (e.g., money paid for a Sacrament); simony in the wide sense is committed when, contrary to the law on simony, things like in character are exchanged (2323 a). Thus, if the Church forbids Mass to be exchanged for Mass, or benefice for benefice, or the office of sacristan for that of sexton, transgressors are guilty of the second form of simony.

(e) The matter of simony is something intrinsically or extrinsically spiritual. In general, the spiritual is that which proceeds from God or tends to Him as the Author or End of eternal salvation (viz., the destiny, law, means, works, etc., proposed to us in Christian revelation and religion). Among these things those are intrinsically spiritual that pertain to the supernatural order on account of some inherent character of their own (e.g., grace, Sacraments, Mass, miracles) or some intimate union with things spiritual (e.g., benefices attached to spiritual offices, consecration to be given a chalice); those are extrinsically spiritual that are in themselves temporal, but in church law are treated as spiritual for the sake of reverence to the intrinsically spiritual (e.g., chrism in regard to the material itself of the oil and other ingredients). If the matter of a contract is neither intrinsically nor extrinsically spiritual, there is no simony in buying or selling it (e.g., devotional books, household furnishings of a rectory, personal effects of a cleric).

2319. Temporal Price in Simony.--The temporal price in simony is some temporal good or advantage. St. Gregory the Great distinguishes three kinds of simoniacal prices as follows:

(a) the price from the hand (munus a manu) is either money or things that have a money value, such as movable or immovable property, corporeal or incorporeal rights. It would be simony to give a benefice in exchange for a sum of money, for a loan, for real estate;

(b) the price from the tongue (munus a lingua) is any kind of patronage, such as praise, recommendation, protection, defense, opposition to competitors, etc. It would be simony to confer a benefice in exchange for the influence in one’s favor which the recipient of the benefice would exercise with some powerful person, for his vote in an election, etc.;

(c) the price in service (munus ab obsequio) is any kind of temporal labor or assistance given for another’s benefit, such as the management of his business or the instruction of his children. It would be simony to grant a benefice in exchange for work done as secretary, treasurer, or advisor.

2320. The Spiritual Thing in Simony.--The thing inherently spiritual in simony is also of three kinds. (a) That which is spiritual from its nature is a thing that is supernatural in itself, such as sanctifying grace, the Gifts of the Holy Ghost, and the power of orders or of jurisdiction. (b) That which is supernatural from its cause is a thing produced by a supernatural agency or power, such as health obtained through miracle. (c) That which is supernatural from its effect is a thing having the virtue of producing supernatural results, ex opere operato, or ex opere operantis, or as an occasion (e.g., Sacraments, prayers, sermons).

2321. Temporal Thing United with Spiritual.--In the two following ways things are made spiritual in reference to simony through intimate union with spirituals: (a) by necessary connection, when a temporal thing is so annexed with a spiritual thing that it cannot exist without it. This includes the things annexed consequently, and perhaps also those annexed concomitantly and intrinsically (see 2322); (b) by contractual connection, when a spiritual and a temporal are the partial objects of a contract, as when in the sale of a consecrated chalice the price is raised on account of the consecration.

2322. Temporal Thing Annexed to Spiritual.--In three ways a temporal thing is annexed to a spiritual thing.

(a) The temporal thing is annexed antecedently if it precedes the spiritual thing as its prepared or appointed or presupposed matter or subject. Thus, all things that receive a consecration or blessing (e.g., chalices, rosaries) or a property to which a right of patronage is attached are of this kind. Relics are properly of this category, but, since they have usually no material value, it is customary to include them amongst spirituals.

(b) The temporal thing is annexed concomitantly if it is simultaneous with the spiritual thing as being the action or labor that produces it. If the union is essential and inseparable, the temporal thing is said to be annexed intrinsically (e.g., the work performed in saying Mass, preaching, making a sick call); if the union is not essential, the temporal thing is said to be annexed extrinsically (e.g., the special work performed in saying Mass, if it has to be sung, or said in a distant church, or at a determined hour).

(c) The temporal thing is annexed consequently when it presupposes the spiritual thing as the cause on which it depends. Thus, the revenues of a parish are a temporal thing, but they follow on the pastoral office which is a spiritual thing.

2323. The Various Kinds of Simony.--(a) In reference to its matter or the law violated, simony is either against natural and divine law or against positive ecclesiastical law. Simony against divine law consists in the exchange for temporalities of things that are spiritual or intimately annexed to the spiritual (see 2321), such as Sacraments, indulgences, or jurisdiction. Simony against church law consists in an exchange that has the appearance of simony against divine law, or that easily leads to simony against the divine law, and is consequently forbidden by the Church in order to safeguard religious respect for sacred things, as when one violates the law by taking money for holy oils. In the former kind of simony, things of different orders (spirituals and temporals) are exchanged one for the other; in the latter kind of simony, things of the same sort (spirituals for spirituals, temporals for temporals, etc.) are exchanged where the law forbids (Canon 727).

(b) In reference to its manner, or the way in which it is committed, simony is internal or external. Internal simony is the will, without the external agreement, to exchange spirituals for temporals; it is purely mental if nothing external is done by reason of the internal will; it is not purely mental if something external is done by reason of the internal will (e.g., if the person who desires to commit simony makes a money present to another in the hope that the latter will feel morally bound to give something spiritual in return, or if one gives something spiritual looking for a substantial gift of money as compensation). External simony is an outward pact freely entered into between two parties to exchange spirituals for temporals. It is called purely conventional, if neither party has as yet performed his part of the agreement; it is semi-real or mixed, if one of the parties has executed his part; it is real if both parties have performed, at least in part, what they agreed to. A simoniacal compact is explicit, if expressed by clear words or signs (e.g., “I will pay $100 for your vote”); it is tacit, if circumstances indicate the evil intention (e.g., very unusual presents given before an election).

2324. Confidential Simony.--Simony committed in reference to benefices is called confidential because the contract is illegal, giving no judicial protection, and there is only the confidence or reliance on another’s word to give assurance that the agreement will be kept. Canonists discuss at length the following contracts in which it is committed:

(a) the contract per accessum grants a benefice with the agreement that the grantee will later resign, so that access to it may be had by the grantor or a third party at present incapable;

(b) the contract per ingressum resigns a benefice not yet taken possession of with the understanding that the person who now enters into possession will leave the place open for his predecessor if he himself resigns or is promoted;

(e) the contract per regressum resigns a benefice already possessed with the understanding that it may be recovered by the person now resigning or by a third party;

(d) the contract per reservationem partis obtains a benefice for another with the stipulation that he will pay a certain percentage of its revenues to the person who obtains it for him or to a third party (see Canon 1441).

2325. Simony Against Divine Law.--Simony against divine law is committed in reference to spiritual things when a temporal price is formally or virtually given or received for them.

(a) Thus, the temporal thing is formally set up as the price, when it is regarded or treated as the end of the spiritual thing or action itself (finis operis), one of the things exchanged being used as the measure of value of the other. This happens when a person wills to buy or sell a spiritual thing, either because he thinks that its value may be expressed in terms of money or other temporal thing, or because he judges that he should treat it as though money were its equivalent, as when one fulfills a spiritual office and excludes every other motive than that of lucre (Denzinger, n. 1196).

(b) The temporal thing is virtually set up as the price, when it is intended as the sole proximate end of the agent himself (finis operantis), though there is no explicit thought about values or prices or comparisons. This happens when one gives a temporal thing and has no other immediate personal purpose in this act than the acquisition of a spiritual thing, or performs a pretendedly gratuitous service, intending thereby to obligate the beneficiary to the grant of some spiritual benefit, or bestows a “gratuitous” temporal favor as compensation for a spiritual benefit or vice versa (Denzinger, n. 1195). This is simony, for he who explicitly intends only an exchange, implicitly intends a price; and if it were not simony, then simony would be almost entirely an entity of the mind, since it is a very simple matter to will that the temporal thing exchanged shall be not the price, but only the motive of the contract or gratuitous compensation.

2326. The temporal thing is not made the virtual price of the spiritual thing, if there is a lawful proximate motive (i.e., one recognized by the Canons or legitimate custom) for giving the temporal thing and the desire of receiving the spiritual thing is only the remote reason or occasion of the act. For in such a case the temporal thing is given for a lawful purpose and is not the price of a spiritual thing.

Examples: (a) If the recipient of the temporal thing has a right to it, there is no simony. Thus, the ministers of the altar have a right to their support (see 2186), and it is not simoniacal, when asking spiritual things from them (e.g., the application of Mass to one’s intention, the performance of Sacraments and sacred functions), to offer a stipend or fee; (b) if the bestower of the temporal thing gives it freely out of pure friendship, liberality, charity, gratitude or good will, so that it is an absolute gift, there is no simony, even though he hopes or expects that he will receive something spiritual as a mark of appreciation. But “a charitable or friendly gift” may easily be palliated simony; that is, there may be a pretense of liberality to conceal the real purpose of purchasing spirituals with temporals.

2327. Rules of Alexander III for Determining Simony.--Alexander III gave several rules for determining whether a gift is made from liberality or with simoniacal intent.

(a) The following are marks of simoniacal intent: the quality of the giver (e.g., that he is poor, or in great need, or not customarily generous), the quantity of the gift (e.g., that it corresponds with the value of a vacant benefice, that it is surprisingly large), the time of the gift (e.g., that it is made when the donee is not in any special need, or when he is about to confer an office, or after hints have been made). If a gift is bestowed in connection with a spiritual thing received, the presumption is for simoniacal intent, unless there was a sincere and reasonable motive for the gift.

(b) The following, on the contrary, are marks of a liberal intent: the quality of the giver (e.g., that he is wealthy, noted for kindness and compassion, or liberal to all, or is a relative of the donee); the quantity of the gift (e.g., that it is small or normal in size), the time of the gift (e.g., if it is made when necessity, festal occasion, or the like calls for it).

2328. Simony against Divine Law in Reference to Things Annexed to Spirituals.--(a) It is simony against divine law to buy or sell things annexed to spirituals consequently (e.g., the revenues of a benefice) or concomitantly and intrinsically (e.g., the ordinary labor and fatigue connected with preaching, saying Mass); for in the former case the temporal grows out of a spiritual and is morally one with it, while in the latter case the temporal has no value except in so far as it is joined with the spiritual.

(b) It is not simony against divine law to buy or sell things annexed to spirituals antecedently (e.g., blessed candles, sacred vestments), if the price is not raised on account of the spiritual thing, or things annexed concomitantly and extrinsically (e.g., the extraordinary labor and fatigue caused by saying Mass in a distant place or at a late hour); for in both cases the temporal has its own proper value and is not considered as inseparable from the spiritual. There is simony against divine law, however, if the price is raised on account of the spiritual part (e.g., if something is added for the blessing given a candle), and simony against church law if the transaction is forbidden as simoniacal (e.g., deductions and payments made in the act of preferment to a benefice are contrary to Canon 1441).

2329. Conditions Necessary for Simony against Ecclesiastical Law.--(a) There must be an exchange through some kind of onerous contract, but it suffices that the understanding be tacit and non-executed, as was explained above (see 2323).

(b) There must be a law of the Church which, from a motive of respect for sacred things, forbids the exchange.

(c) The simoniacal exchange is made, whether a temporal annexed to a spiritual is given for another temporal annexed to a spiritual (e.g., benefice for benefice), or a spiritual for a spiritual, or a temporal for a temporal. Canonists enumerate the following as examples of simony of ecclesiastical law: gifts made in connection with a competitive examination for a parochial benefice, with ordination or grant of certain testimonial letters (Canon 545), with erection of confraternities; sale of blessed oil or chrism, or of the right of patronage (Canon 1470); remuneration for collection of stipends or for expenses of Mass (Canons 840, 1303).

2330. Certain and Uncertain Simony.--(a) Cases in which simony is certain are the administration of Sacraments or sacramentals to the unworthy for the sake of the fee or favors, the sale of indulgences, taxes or charges made contrary to law (e.g., for a Mass of bination). Other examples are given in 2323 sqq. The Church demands that certain ministrations (e.g., Confirmation, Eucharist, Penance, Extreme Unction, Orders) be gratis, but there may be local customs or conditions that justify exceptions. Some moralists teach that there is no simony when a stipend is exacted for an obligatory ministry, if the simoniacal motive is absent.

(b) Cases in which simony is controverted are those in which a tax or stipend in excess of what is just or lawful is exacted (e.g., a Mass stipend higher than custom permits). Some claim there is simony, because the excess must be for the spiritual thing; others hold that there is no simony, but only an unjust increase in the stipend allowed for support; others say that there is no simony in the internal forum if the intent is not simoniacal, but that there is simony in the external forum on account of the presumption of simoniacal intent.

2331. Doubtful Cases of Simony.--In some gifts and payments the presence or absence of simony depends on the object for which they are given.

(a) Thus, when they are given for omission of a spiritual act, there is simony if the omission includes the exercise of spiritual power (e.g., to omit absolution is to retain sins or censures); there is no simony if the omission is the mere exercise of free will (e.g., to omit Mass, confession).

(b) When they are given for omission of opposition or annoyance, so that one may be able to obtain some office or benefice, there is simony if the temporal thing is thereby given for the benefice itself or for the way to it (i.e., if one has no strict right to the spiritual thing, or if the opposition is just), as when the candidate for a benefice pays a competitor to withdraw, or pays an accuser to keep silence; there is no simony if the temporal thing is given for freedom from unjust vexation (i.e., if one has a strict right to the spiritual thing and the opposition is clearly unjust, as when one who has acquired a right to an office pays an enemy to desist from placing impediments). The payment made by Jacob to Esau for the birthright, to which Jacob was entitled by divine disposition, may be regarded as having had for its end, not the paternal blessing and other spiritual rights of the first-born, but immunity from persecution by Esau.

(e) When they are given for instruction, there is simony if the instruction has for its direct purpose the spiritual benefit of the disciple (e.g., catechetical instructions, sermons, spiritual direction); there is no simony if the instruction has for its direct purpose the improvement of the mind or the utility or advantage which the disciple will derive from it (e.g., instruction in theology, preparation for examinations).

(d) When they are given for admission to religious life, there is simony if the money is paid for the religious state itself, the vows, or other spirituals; there is no simony if the money is paid for the temporal support of the religious institute, that it may be able to meet its expenses.

2332. Cases in Which a Transaction Is Not Simoniacal, but Lawful.--(a) There is no simony when a temporal is given on the occasion of but not for a spiritual. This happens when there is a just title for bestowal of the temporal, such as right of support (e.g., pastors’ salaries, Mass stipends, fees), extrinsic values in a work or object (e.g., the special labor in saying Mass under certain conditions, and, according to some, the special affection one has for a relic, the lucrum cessans on account of some function performed).

(b) There is no simony when something of value is given in exchange, but not for a spiritual, nor in contravention of an anti-simony law. This happens whether like be exchanged for like (e.g., Mass for Mass), or a temporal for a thing associated with a spiritual as the latter’s subject (e.g., money for a rosary or cemetery plot which has been blessed). In the former case there is no prohibition; in the latter, the temporalities have their own distinct values which may be paid for, if the price is not raised on account of the spiritual (see Canons 730, 1539).

2333. Cases in Which a Transaction Is Not Simoniacal, but Is Sinful.--(a) Sins against God.--One who performs functions of religion primarily and principally, as far as his personal motive (finis operantis) is concerned, for the salary, stipend or fee, is not guilty of simony, since he does not regard the temporal even virtually as the price of the spiritual. But he does sin by indevotion, and the sin may even be mortal (e.g., a canon goes to choir chiefly because this yields him a living). Offenses committed in the matter of Mass stipends are not called simony in the Code, but the penal law classes them with offenses against religion, as may be seen from Canon 2324. Nepotism, favoritism in giving offices, and political and dishonest maneuvers to obtain church dignities are not in themselves simoniacal; but they are an unworthy and scandalous treatment of sacred things.

(b) Sins against Others.--It is not simony but injustice to deny the Sacraments to parishioners who do not contribute, to overcharge in lawful fees, and also, according to some, to take money for the omission of a spiritual act owed in justice (e.g., for refusal to hear the confession of a parishioner), or to demand money as the stipend for the performance of such a spiritual act (e.g., for hearing a confession). It is disobedience to take money in ways forbidden (e.g., to take Mass stipends in the confessional, to earn money by gambling or trading forbidden in the Canons). Again, it is not strictly simony to put up as the stakes in a game a spiritual thing (e.g., the recitation of the Rosary) against a temporal thing (e.g., ten dollars), for there is no intention to value the spiritual thing by the temporal; but such a practice is scandalous. Greed about getting or keeping money pertains to avarice, not necessarily to simony.

2334. Cases in Which a Transaction Is Not Simoniacal, but Virtuous.--(a) Some acts done in God’s honor (e.g., to purchase a spiritual object, such as a sacred vessel or relic, from a person who would misuse it), when the purchaser intends the prevention of profanation. It is certainly not irreverence to a sacred thing to use means necessary to rescue it from such irreverence.

(b) Some acts done for the good of others (e.g., to give prizes to children who frequent the Sacraments or Sunday school, dowries to young girls that they may be able to enter religion, free education to worthy young men as an inducement to embrace the ecclesiastical state). In all these cases there is no purchase of a spiritual thing, because the temporal is a pure gift, and the spiritual is received, not by the giver of the temporal, but by another. There is no simony in the fees imposed for dispensations or in the alms sometimes prescribed for indulgences; for the temporal is not a price paid for the spiritual, but in the one case either a penance or a charge for expenses, and in the other a spiritual good work and duty prescribed as a condition for a spiritual benefit.

(e) Some acts done for the spiritual good of self (e.g., if one were in danger of death and could be baptized only by a person Who demanded money for the service, it would not be simony to pay the money, since the price would be offered, not for the Sacrament, but for the removal of an unjust annoyance).

2335. Theological Malice of the Sin of Simony.--(a) Simony against the divine law is a mortal sin from its nature and in every instance. No matter how small the spiritual thing that is sold, it is priceless, and a grave injury is done by putting a price on it. Simony is a serious injury to God, since it usurps His place as the only Lord of spiritual things (I Cor., iv, 1), to the spiritual things themselves, since it estimates their worth by vile material gain (Prov., iii. 15; Acts, viii. 20), and to the recipients, who should receive the gifts of God freely (Matt, x, 8). Hence, St. Peter denounced Simon Magus as deserving of perdition (Acts, viii. 20), and in law simony is spoken of as the worst of pests, a cancer, leprosy, a scourge.

(b) Simony against ecclesiastical law is a mortal sin from its nature, since it is forbidden as a protection to religion and under grave sin; but in particular cases it may be only a venial sin, since the church laws do not bind under grave sin, when the matter or the danger is not serious, as was said in 382.

2336. Moral Malice of the Sin of Simony.--(a) Simony is reducible to real sacrilege (see 2311 c). It is treated separately for the sake of convenience, on account of the large number of questions that pertain to it, and also because there is reason to consider it as a distinct species of sin (2308 c). Hence, the moral malice of simony is that of irreligiousness.

(b) Simony of divine law and simony of ecclesiastical law, according to the more common and likely opinion, are alike in moral malice. For although the mere prohibition of the Church does not make a non-sacred thing sacred, it does make the non-sacred thing unsaleable precisely because related to things that are sacred. In other words, the motive of the law is the protection of sacred things against the appearance or danger of simony, and the motive of the law is the factor that determines the moral character of precepts and prohibitions of human law. Thus, to miss Mass on Sunday is a sin against religion, because the Church commands in virtue of religion that Mass be heard on Sunday; to eat meat on Friday is a sin against temperance, because the Church forbids the use of meat on Friday in virtue of temperance. Hence, it is not merely disobedience, but simony, to violate a law which forbids a certain contract because of its nearness to the sale of spirituals for temporals. Moreover, he who willfully exposes himself to the immediate danger of some sin wills the malice of that sin.

2337. Invalidity and Penalties of Simoniacal Contracts.--(a) Every simoniacal contract is invalid and of no force either in the external or in the internal forum, because it sells what is unsaleable under divine or ecclesiastical law. If the contract has to do with benefices, offices or dignities (e.g., “You vote as I wish and I will give you such and such favors,” “You obtain for me such a dignity and I will pay you well”), the appointment to them is rendered null and void, even though the simoniacal act be done by a third party without the knowledge of the beneficiary, unless it be done by that third party to injure the beneficiary or against his protest (Canon 729). Invalidity is also produced in case of simoniacal resignations (Canon 185), commissions (Canon 1441), presentations (Canon 1465, Sec. 2), and prescription does not operate for one who holds a benefice obtained through simony (Canon 1446).

(b) Certain simoniacal contracts subject the guilty parties to special punishments. Thus, the penalty for simony in appointments, elections or promotions to office and dignities is excommunication latae sententiae reserved simply to the Holy See, and deprivation forever of all right of nominating, voting, presenting, and suspension (Canon 2392); the penalty for simony in elevation to Orders or in use of other sacraments is suspicion of heresy and suspension reserved to the Holy See (Canon 2371).

2338. When the Canonical Penalties for Simony Do Not Apply.--(a) Purely mental simony is not subject to ecclesiastical penalties, since the Church does not pronounce on internal acts. But this does not take away the serious guilt in the sight of God. (b) External simony is subject to ecclesiastical penalties, but canonists dispute about the meaning of certain Canons, for example, whether only real simony falls under the punishments latae sententiae, whether the penalties of Canons 729 and 2392 apply only to simony of divine law, or to simony of ecclesiastical law as well.

2339. Influence of Simony on Spiritual Effects.--(a) On Effects of the Power of Orders.--Sacraments administered simoniacally are valid, for the law nullifies only the contract made about the Sacrament, not the Sacrament itself. It seems also that in the case of sacramentals (such as simple blessings imposed on articles) the blessing is not lost by sale of the article, provided the price is asked only for the object and not for the blessing. A blessed or consecrated object loses its blessing or consecration when it is put up for public sale (Canon 1305).

(b) On Effects of the Power of Jurisdiction.--Acts of jurisdiction are valid in spite of simony, unless there is special provision to the contrary. Indulgences are lost ipso facto, if anything temporal is taken for the indulgenced object (Canon 924). Religious profession, it seems, is valid, even though simoniacal.

2340. Restitution of the Temporal Price Received for a Spiritual Thing.--(a) If the simoniacal contract is semi-real (that is, if the spiritual consideration has not been received), the price must be restored; for we have then the case of an immoral and unexecuted contract (see 1878 d). (b) If the simoniacal contract is real (that is, if the spiritual consideration has been received), the price should be given back; for the case then is one of commutative justice, a temporal price being taken for a thing (e.g., a blessing) that has no temporal price, or for a service that one was bound to give gratis (e.g., parochial sermon by the pastor). But if a service was not obligatory, it is held by some that there is no certain duty of restitution, if the spiritual thing cannot be restored (e.g., when one received a stipend for a Mass of bination or demanded an excessive fee for a sacred function).

2341. Restitution of the Temporal Price Received for Temporal Things Annexed to Spirituals.--Restitution is obligatory as follows: (a) when commutative justice is violated, as when one charges for a blessed candle or rosary in excess of its market value or just price, or when by fear or force one compels another to exchange a chalice for a ciborium; (b) when law or judicial sentence imposes restitution as a penalty for an offense, as when for money one has resigned one’s benefice in favor of another person.

2342. Circumstances of Restitution for Simony.--(a) The Time for Restitution.--If simony is against natural law, restitution is due before sentence; if against ecclesiastical law only, restitution is due only after sentence.

(b) The Person to Whom Restitution Is to Be Made.--Satisfaction should be given to the owner, or injured party (e.g., to the person who was charged for a blessing), or, if this is impossible, to the poor or pious causes. The revenues derived from a benefice simoniacally obtained should be restored to the church to which the benefice belongs, unless this is advantageous to the guilty parties, or probably to charity, or religion, or the successor in the benefice.

(c) Excuses from Restitution.--Impossibility, condonation or the permission of the Church, express or presumed, excuses from the duty of restitution.

2343. Restitution of Spiritual Thing Simoniacally Received.--The spiritual thing simoniacally received must be restored even before the sentence of the judge (Canon 729, Sec.1). (a) Thus, if it is a benefice, office or dignity that was obtained or conferred through simony, it must be resigned; nor may the guilty party keep the fruits, unless he was in good faith and permission is given. (b) If the spiritual thing is something other than a benefice, it should likewise be given up, provided it is of a kind that can be restored (e.g., it is impossible to restore a Sacrament received or a consecration given to a church) and restitution will not cause irreverence (e.g., it would be irreverent to restore blessed objects or relics to the seller if he meant to profane them).

Art. 6: THE REMAINING POTENTIAL PARTS OF JUSTICE; THE VIRTUE OF PIETY; THE COMMANDMENTS

(Summa Theologica, II-II, qq. 101-122.)

2344. Having treated of religion, the chief potential part of justice, we shall new consider the remaining subsidiary virtues of the present group, namely, piety, reverence, truthfulness, gratitude, vindication, friendship, liberality, equity (see 2141-2143).

2345. The Virtue of Piety.--In general, piety is the virtue that inclines one to show due recognition of indebtedness to those from whom one has received life and existence. There are three senses of the word:

(a) in its strictest meaning, it refers to the dutifulness owed to the immediate or secondary causes of our being, namely, parents and country;

(b) in a derived meaning, it is applied to the religious duties owed to God, who is our Heavenly Father and the First Author of our being. Hence, those who are faithful to the worship of God are called pious and the divine services are known as works of piety;

(c) in its widest meaning, piety is applied to works of mercy, since they are most pleasing to God as a tribute of filial devotion. The merciful man has pity (piety), because his kindness to the unfortunate honors God more than victims or sacrifices. Hence, since God is merciful, He Himself is sometimes called pious: “The Lord is compassionate (pius) and merciful” (Ecclus., ii. 13).

2346. Definition of Piety.--Piety in the strictest sense is defined as “a moral virtue that inclines one to pay to father and fatherland the duty of respect and assistance that is owed them as the authors and sustainers of our being.”

(a) It is a moral virtue, one pertaining to justice, and hence it differs from the special duty of charity owed to parents and country (see 1158, 1171 sqq.). Charity loves parents and country out of love for God whose creatures they are; piety honors them in recognition of the benefits received from them and the authority vested in them.

(b) Piety is shown to father and fatherland; that is, just as religion gives worship to God in acknowledgment of His excellence and our dependence upon Him, so does piety show due respect to those who hold the place of God in our respect on earth. Filial piety is owed to the mother as well as to the father, and in a less degree to other relatives, inasmuch as they share or continue the blood of one’s parents and may be regarded as representing them (e.g., brothers and sisters, husband or wife). Patriotism belongs to one’s native land or the country, nation, state, city, etc., of which one is a citizen; and it should include, not only fellow-citizens, but also the friends and allies of one’s country. He who is the adopted citizen of a country should love the place of his birth, but loyalty and obedience are owed to the nation to which he has transferred his allegiance.

(c) Piety offers respect and assistance. The first duty is owed to parents on account of their position of progenitors and superiors; the second is owed to their condition when they are infirm or destitute or otherwise in need. It is more probable that filial piety is violated only when the personal goods (e.g., life, health, body, fame, honor) of parents are injured, and that injury to their real goods pertains to fraud, theft or damage, rather than to impiety. Moreover, on account of the community of goods that exists between parents and children, real injuries between them are not rigorously acts of injustice and require more than the ordinary grave matter for serious sin (see 1902).

(d) Piety is owed to parents and country as the authors and sustainers of our being. Thus, it differs from legal justice, which is the duty owed the State or community, precisely as it is the whole of which one is a part. It differs likewise from commutative justice, which is obligatory in agreements with parents or other superiors, for the duty is then owed them as partners to a free contract. On account of this nobility of the formal object, filial piety and patriotism are very like to religion and rank next after it in the catalogue of virtues.

2347. The Reverence Required by Piety.--(a) Parents should be honored internally by the esteem in which their parental dignity and merits (not their personal failings) are held; externally, by the marks of respect customarily shown to parents.

(b) Relatives should receive a lower degree of respect commensurate with the nearness and quality of the kinship. Thus, parents should treat their children with the consideration owed to members of the family, and not as servants or strangers, brothers and sisters and relatives of remoter degree should give one another that courtesy and regard which respect for common parents or ancestors calls for. Lineal relatives are nearer than collaterals, and elder relatives (such as grandparents, uncles and aunts) are more entitled to respect than younger relatives (such as grandchildren, nephews and nieces).

(e) Country should be honored, not merely by the admiration one feels for its greatness in the past or present, but also and primarily by the tender feeling of veneration one has for the land that has given one birth, nurture and education. Even though a country be poor and humble, it should be patriotically revered (Ps. cxxxvi). External manifestations of piety towards country are the honors given its flag and symbols, marks of appreciation of its citizenship (Acts, xxi. 39), and efforts to promote its true glory at home and abroad.

2348. The Assistance Required by Piety.--(a) Parents should be helped in their needs, spiritual or temporal. If they are sick, they should be visited; if they are poor, they should be assisted; if they are in need of the Sacraments or prayers or suffrages, these spiritual means should be provided. But a son is not bound to pay the debts of his deceased father who left him nothing, since the debt was a personal one.

(b) Relatives should also be assisted in their needs, especially if the necessity is urgent and the relationship close (as in the case of brothers and sisters). But this duty is not as strict as that owed to parents, and, if the relationship is distant, there is no special obligation of piety.

(c) Country is helped by the aid given to fellow-countrymen who are in moral, mental or corporal need. The noblest patriots are those who devote their lives, labors or substance to the promotion of religion, education and contentment among their people, to the correction of real evils that threaten decay or disaster to the national life, and to the preservation of those special ideals and institutions that constitute what is characteristic and best in the nation.

2349. Sins against Piety.--(a) By Excess.--Exaggerated respect for relatives or country is a sin, since it is not according to order or reason. Thus, while children should not dishonor their parents under the pretext of religion (Matt., xv. 3-9), neither should they be more devoted to their parents than to God (Luke, xiv. 26; Matt., viii. 22), nor neglect God’s call when their parents do not need them (Matt., iv. 22). Thus also, patriotism should not degenerate into patriolatry, in which country is enshrined as a god, all-perfect and all-powerful, nor into jingoism or chauvinism, with their boastfulness or contempt for other nations and their disregard for international justice or charity.

(b) By Defect.--Disrespect for parents is felt when they are despised on account of their poverty, ignorance, or feebleness; it is shown by word (e.g., when they are addressed in bitter, reproachful, or contemptuous speech; or when they are ill spoken of to others), by signs (e.g., when mocking gestures or mimicry are used to ridicule them), by deeds (e.g., when they are threatened or struck), and by omissions (e.g., when their children are too proud to recognize them or to give them tokens of honor). Disrespect for one’s country is felt when one is imbued with anti-nationalistic doctrines (e.g., the principles of Internationalism which hold that loyalty is due to a class, namely, the workers of the world or a capitalistic group, and that country should be sacrificed to selfish interests; the principle of Humanitarianism, which holds that patriotism is incompatible with love of the race; the principle of Egoism which holds that the individual has no obligations to society); it is practised when one speaks contemptuously about country, disregards its good name or prestige, subordinates its rightful pre-eminence to a class, section, party, personal ambition, or greed, etc.

2350. Malice of Sins against Piety.--(a) The moral malice is distinct from that of other sins, since injustice committed against the debt owed to the human principle of existence has a special character of wrong, as being opposed to a special kind of right. Parricide and matricide have always been looked on as having a peculiar enormity among sins of homicide; and similarly, disrespect to father and mother are greater evils than disrespect to persons who have no like claim to honor. Hence, he who has struck his father must mention the circumstance of relationship in confession, since it is a circumstance that changes the species of the sin. But he who has struck his fourth cousin need not confess the relationship, for distant kinship, though an aggravating circumstance, does not give the injury the character of impiety.

(b) The theological malice of the sin is grave from the sin’s nature, since piety ranks next to religion and is the object of a special commandment and promise from God. But the sin may be venial on account of lightness of the offense (e.g., when young children answer back or speak saucily to their parents, but without contempt) or on account of the lesser importance of the person offended (e.g., when a brother slaps his brother, the sin is not as serious as when a child strikes his parent). Children who have been seriously disrespectful to their parents are obliged to beg pardon; but to impose the obligation regularly in confession is deemed unwise, since insistence may only lead the penitent to new sins, and moreover the forgiveness of parents may generally be presumed when there is amendment.

2351. The Virtue of Reverence.--This virtue is known in Latin as observantia, because its object is persons of authority, whom it carefully observes in order to revere their dignity and to learn their commands. It is defined as “a moral virtue which inclines one to render to persons of higher position the tribute of honor and obedience that is due their authority.”

(a) It is a moral virtue, that is, one concerned immediately with the direction of human acts. Reverence belongs to justice because it renders to others what is due them.

(b) The persons to whom it does justice are those of higher position, that is, superiors who rule over us or over others, and men distinguished for virtue, knowledge or other excellent qualities that make them fit to govern. Superior here does not mean that the person who receives reverence must be in every way better than the person who shows reverence (e.g., he who is superior in jurisdiction owes some reverence to a subject who is more learned or virtuous than himself), or that there must be inequality between the one who gives and the one who receives reverence (e.g., two distinguished persons of equal rank and merit owe mutual reverence to each other on account of the superiority which each has to many others).

(c) The reason for reverence is the authority vested in these persons, that is, the excellence of their state, which gives them a higher dignity than others, and their office of ruling, which empowers them to direct a subject to his proper end. Here we see that reverence is a distinct virtue, for, while piety and reverence are both forms of veneration, the motive of each is different. Thus, a child owes to his father piety, because from the father was received the beginning of his life, and reverence, because from the father is received direction to his end. Again, a subject owes the rulers of his country both piety and reverence: piety, as regards their relation to the common good and the nation (e.g., when the ruler is given his special salute), reverence, as regards their personal rank and glory (e.g., when assistance is given the ruler to lessen the burden of his office).

(d) The first tribute paid by reverence is honor, which is a testimony given to worth, and is offered to the dignity or rank of the superior. Honor differs from reverence as the effect differs from the cause, or the means from the end; for it is reverence that prompts one to show honor, and honor is meant to excite in others reverence for the person honored. The debt of honor is due those who are superior in jurisdiction, from legal justice; it is due to those who are superiors, but not in jurisdiction, not from legal justice, since the law does not enforce it, but from moral obligation, since it is decent and becoming.

(e) The second tribute of reverence is obedience, which is submission to law, and is offered to the ruling power of the superior. This tribute of reverence is paid only to one’s own ruling superior, since others have no power to impose upon one their will or precept.

2352. Species of Honor.--(a) As to kinds, there is common honor which is shown to all and by all (e.g., God honors the Saints, and Tobias and Mardochaeus were honored by their sovereigns), and the special honor of homage which includes submission and is shown only by inferiors or servants to their superiors or masters.

(b) As to modes, there is honor in general and praise, which is a special form of honor; Praise is given in speech or writing; honor is shown not only by words, but also by deeds (e.g., by salutations, prostrations) and things (e.g., by monuments, presents, banquets, titles).

(c) As to motives, there is civil honor (i.e., the respect shown to the temporal authority of rulers, teachers, employers, etc.), religious honor (i.e., the respect shown to the spiritual authority of the Pope, bishops, priests, etc.), and supernatural honor (i.e., the respect given to the virtue of holy men). This last honor is known as dulia (service) when offered to the Saints who reign with Christ in heaven, as hyperdulia (superior service) when offered to the Mother of God.

2353. Obligation of Showing Honor to Deserving Excellence.--(a) Common honor should be given to all who are not irrevocably evil and malignant, that is, it should be shown to all creatures, the damned excepted. For, as was said above, there is no one who is not possessed of superiority in some respect, and it is even reasonable to believe that the most unpromising person is better than oneself in some quality or other. Hence, the Scriptures admonish us to honor all (I Peter, ii. 17), to be beforehand in giving honor to one another (Rom., xii. 10), and humbly to believe that others are superior (Phil., ii. 3). But in bestowing honor, while one should have at least in general an honorable opinion of others, the duty of external honor does not oblige at all times or in all circumstances; and the same kind of honor is not to be given by or to all persons. Those who show the ordinary signs of charity (as they should) in greetings, salutations, courtesies, and the like, comply sufficiently with the duty of common honor.

(b) Special honor should be given all those who have a right to it: “Tribute to whom tribute is due, honor to whom honor is due” (Rom., xiii. 7). Thus, rulers and prelates should be given the respect due their station, even though personally they are wicked, for in the honor given their rank reverence is shown to God, whose ministers they are, and to the community which they represent. There is a moral, though not a legal, obligation to honor men distinguished for holiness for their own sakes since, while honor is not a sufficient reward of virtue, it is a distinguished mark of recognition, and for the sake of others, since virtue in honor is like a lamp placed upon a stand and shining for many (Matt., v. 15).

2354. Obligation of the Religious Cult of Dulia.--(a) There is no strict duty of giving veneration to the Blessed Virgin, the Angels, Saints, images, or relics, for absolutely speaking it suffices for salvation to adore God. But it is of faith that the cult of these holy persons and things is lawful and useful; hence he who should neglect it would not merely disregard the earnest advice of the Church, but he would also deny to God’s friends and heroes the honors they deserve (Ecclus., xliv. 1; Heb., xi), and would deprive himself of precious helps of intercession and inspiration. Some believe it is at least venially sinful never to invoke the Blessed Virgin, and surely there would be sin--and perhaps even grave sin, per accidens--if the neglect was scandalous or perilous to salvation.

(b) There is an obligation in performing acts of cult to make the veneration suitable to the dignity of the object (e.g., to the Mother of God belongs hyperdulia, to the Saints of God dulia; to holy persons is given absolute cult, to holy objects relative cult) and conformable to the laws of the Church (e.g., the titles of Venerable, Blessed, Saint are conferred only by the Church; public cult may be performed only by those authorized to act in the name of the Church and only by such rites as have been approved). It is lawful privately to pray to infants who died after Baptism, and, according to many, to the souls in Purgatory; but it would be superstitious to give to the damned or false saints the cult that belongs only to the canonized Saints.

2355. Obedience.--Obedience is a moral virtue annexed to justice which inclines one to comply promptly and willingly with the command of one’s superior, because it is a command and obligatory.

(a) Obedience is prompt and willing, and so it differs from forced or unwilling or tardy submission and from servile and politic obedience (which would not obey were it not for fear or self-interest), for these lack either the good will or the good motive required by virtue. Note also that the virtue of obedience differs from the vow of obedience in this, that the vow obliges to the external performance of a command, while the virtue includes also internal submission.

(b) It is shown to a superior. Between equals there is not obedience in the strict sense, though one of them may out of charity or friendship yield to what the other desires.

(c) It is compliance with a command, that is, with a law or precept imposed by authority. Some authorities hold that it is an act of obedience to fulfill the known will of a superior, even though it has not been imposed as obligatory; but others see in such a fulfillment, not obedience, but the perfection or spirit of obedience. Thus, if a son knows that his father wishes him to perform a certain work, but has received no orders to do it and leaves it undone, this omission according to the first opinion is disobedience, while according to the second it is a want of the spirit of obedience.

(d) It obeys precisely because the superior’s will has been expressed as a command. It is this intention that sets off obedience from other acts of virtue about commanded matters. There is a material obedience which is a circumstance of other virtues and may be called a general virtue (e.g., when one keeps the first commandment out of love for God, there is charity; when one keeps the seventh commandment out of love of honesty, there is justice). The formal obedience of which we now speak is a peculiar and distinct virtue, because it keeps the law simply because it is law and as such should be kept.

2356. Power of Jurisdiction and Dominative Power.--There are two kinds of power that confer moral authority to impose a command--the power of jurisdiction and dominative power.

(a) The power of jurisdiction is had by one who rules in a perfect society (Church or State), which has supreme authority and the right to impose laws.

(b) Dominative power is had by one who rules in an imperfect society, which has dependent authority and the right to impose precepts only. This power arises either from the very nature of society as a body composed of superior and subjects (e.g., in the family the children are necessarily subject to the father), or from agreement between the parties concerned (e.g., the wife by marrying becomes subject to her husband, the servant by taking employment becomes subject to the employer, the religious by entering a community or by vowing obedience becomes subject to the superior).

2357. Degrees of Obedience.--Ascetical authors distinguish three degrees of obedience: (a) external obedience, which performs with exactness the thing commanded though there is no heart or willingness in its act; (b) internal obedience, which joins willingness to external submission though the judgment doubts the wisdom or value or good faith of the command; (c) blind obedience, which submits the judgment itself to the superior’s judgment, provided of course the thing ordered is not clearly sinful (Matt, ix. 9; Gen., xxii. 3 sqq.; Matt., ii. 13 sqq.).

2358. Comparison of Obedience with the Other Virtues.--(a) Obedience, as was explained above (2355), is distinct from the other virtues on account of its different formal object. Its act is found sometimes joined with other virtues (e.g., to fast during Lent in order to keep the law is an act of obedience, but it is also an act of temperance if actuated by love of moderation, or an act of religion if offered as homage to God); but obedience may be separate from other virtues, as when a superior commands or forbids something indifferent in order to try a subject’s obedience (e.g., to take a walk solely because it has been commanded is an act of obedience only).

(b) Obedience is less perfect than the theological virtues, since it belongs to the moral virtues, which are not directly concerned with God Himself but with the means to union with Him (I Tim., i. 5). Among those moral virtues that consist in contempt of temporal things, obedience which serves God in all things has a certain preeminence, inasmuch as it contemns for God’s sake the noblest human good, one’s own will, whereas the other virtues contemn lower goods (those of the body and external things); on the other hand, obedience is inferior to religion, since, while obedience consists in veneration of the law, religion consists in veneration of God Himself. But acts of worship performed without devotion or without regard for God’s will are not to be compared with respectful obedience, since the former are sins and the latter is both religious and obedient; hence, it is said that obedience is better than sacrifice (I Kings, xv. 22), which means that internal devotion is to be preferred to mere external worship. Spiritual writers praise obedience as the guardian of all the virtues and the safe road in which they walk (Prov., xxi. 28).

2359. Comparison of Acts of Obedience.--(a) All acts of obedience are of the same species, since in spite of diversity of superiors or of laws there is always in obedience the same essential character on account of the motive. Whoever may be the superior or whatever may be the law, the reason for obedience is always the authority that commands and the obligation that it imposes. Thus, whether one obeys God, or the Church, or the State, or parents, the virtue is always one and the same.

(b) All acts of obedience are not of the same perfection, for circumstances (e.g., the willingness, the duration, the difficulty) add to the merit of obedience. It should be noted, however, that to obey by performing what one likes is not necessarily less virtuous than to obey by performing what one dislikes; for the thing liked may be something hard that appeals to few and may be performed from a spirit of willing obedience, whereas the thing that is disliked may be something easy and may be performed with less willingness.

2360. The Duty of Obedience.--Since obedience is obligatory because a superior has the right to command, the extent of the duty depends on the extent of the superior’s authority.

(a) Thus, God must be obeyed in all things that He commands, for He is Lord of all and cannot command what is unlawful: “Let us do all that the Lord has spoken and we shall be obedient” (Exod., xxiv. 7). Man is not bound, however, to wish all that God wishes in particular, since God wishes things from the viewpoint of the universal good, and the creature from the viewpoint of the limited good known to him (e.g., it is not lawful for man to wish the damnation or the misfortune of those whom God will permit to suffer these evils); but man is bound to wish that which God desires him to wish (e.g., that his neighbor will not be lost, that his father will not now die). Neither is man bound to perform what God proposed to him as a counsel. In certain instances (Gen., xxii. 2; Exod., xii. 36; Osee, i. 2) it appears that God commanded sin, but only a foolish or blasphemous person would interpret the facts in that impossible sense. In the physical order, a miracle wrought by God is not contrary to the law of nature established by Him, but to the usual course of nature; and similarly the commands referred to were not contrary to the laws of virtue, but to the usual manner of virtue, as was explained in 308 sqq.

(b) Man must be obeyed in all those things in which he has lawful authority to command, first, because God Himself requires this and he who resists resists God (Rom, xii. 2); next, because without obedience the peaceful order of society cannot be maintained. Even though the superior be wicked or an infidel, obedience is due him, for it is given him, not in his personal, but in his official capacity (Matt, xxiii. 2, 3). The Scriptures command obedience to all classes of lawful superiors, whether ecclesiastical (Heb, xiii. 17), civil (Titus, iii. 1; I Peter, ii. 13), or domestic (Eph, vi. 1, v. 22-24, vi. 5-8).

2361. When Obedience Is Not Lawful or Obligatory.--Obedience to a human superior is not lawful or not obligatory in those matters in which the superior has no authority to command.

(a) It is not lawful to obey a human superior when his command is clearly contrary to the command of a higher superior, and therefore unlawful. Thus, one may not obey any human superior when he orders sin, even a venial sin, for we must obey God rather than man (Acts, v. 29; Rom., iii. 8); neither may one obey a subordinate official who commands something clearly opposed to the law or to the regulations of his own superior. It does not belong to the subject, however, to sit in judgment on his superior, and hence, unless the unlawfulness of a command is manifest, the subject must presume that it is lawful.

(b) It is not necessary to obey a human superior when his command exceeds his competency, or when he orders things over which he has no control. Thus, God alone has authority over the internal action of the soul and over the natural state of the body; and as regards these things all men are equal, one indeed being less perfect mentally or bodily than another, but none being subject to another in these matters. Divine law regulates the interior (e.g., the command to believe, the prohibition to covet), but human law is confined to external acts; divine law can regulate things pertaining to the nature of the body (e.g., God could command an individual to marry, or to observe virginity, or to abstain from all food), but human law is concerned with external things, in which men are unequal, and it cannot take away natural rights to life or the means thereto (see 292 on Inalienable Rights). Moreover, even as regards external acts and things, the authority of a superior is limited by the bounds which its nature gives it; for example, temporal authority cannot command spiritual acts, a ruler placed over one territory or group cannot command for others, a constitutional body cannot make laws beyond the powers conferred by its constitution, ecclesiastical laws or customs rejected by the Code cannot be enforced, etc. It is clear, too, that no superior may command the execution of what is physically or morally impossible, and generally a subject should not be required to practise heroic virtue (e.g., to expose his life to danger; see 374). If a command is plainly ridiculous (that is, if it lacks a reasonable motive), it would be more perfect to obey, but it seems it would not be a sin to disregard it.

2362. Obedience in Cases Where There Is Normally No Obligation.--If a superior oversteps his authority, the subject may obey when the matter is lawful and the motive of submission is good. In certain cases it is even obligatory to obey a superior in matters over which normally he would not have authority. Such cases are the following:

(a) on account of a vow or other free and moral agreement, a subject is held to obedience in matters pertaining to the nature of the body (e.g., when he has made a vow of virginity). The Church cannot impose virginity, but he who has vowed to observe it, must fulfill the conditions and precautions necessary for its observance, and can be ordered so to do;

(b) on account of circumstances, such as scandal or danger of great evils, it is sometimes necessary to yield submission to a command that is not of itself obligatory (see 376, 377).

2363. Internal Actions and Human Superiors.--Internal actions in themselves do not fall under human authority, and hence the Apostle says: “Judge not before the time until the Lord come, who will make manifest the counsels of the heart” (I Cor., iv. 5). But in two ways these actions may be dealt with authoritatively by human superiors.

(a) Thus, in the internal forum and there alone, internal acts themselves are subject to a human superior; for the confessor knows and acts there, not as man, but as the representative of God, and hence he may pass on and prescribe internal thoughts and desires just as God may pass on them and prescribe them.

(b) In the external forum, the Church deals with internal acts in so far as they enter into an external act as a necessary ingredient of its goodness or malice, as when she commands a devout communion or pronounces censure against judges who are swayed by fear or favor. This question was treated above in 426.

2364. Obligation of the Vow of Obedience.--(a) The vow obliges a religious to observe the commands of superiors that are given according to the rule which the religious professed. Hence, there would be no obligation in virtue of the vow of performing commands that are not authorized explicitly or implicitly in the rule (e.g., if a cloistered religious were bidden to engage in hospital work), nor, unless otherwise vowed, of keeping each prescription of the rule or constitutions. A command to accept a relaxation from the rule is obligatory, unless the dispensation is clearly invalid (cfr. 2225, 2237).

(b) The obligation is grave only when superiors command in a grave matter and with the intention of imposing a grave precept. The intention of a superior is indicated by a form of words and other circumstances which the rule or constitutions prescribe for the imposition of a grave precept.

2365. Sins against Obedience.--Since obedience is a moral virtue and therefore observes a mean, there is both an excess and a defect that it avoids.

(a) Thus, the sin of excess is not found in the quantity of obedience, for the more obedient a subject is, the more is he worthy of praise. It is found, therefore, in other circumstances of the act of submission, as when one obeys a person or a command which one should not obey. Sinful submission is just as foreign to obedience as superstition is to religion; cringing submission or servility in matters where one should think and judge for oneself is only a simulacrum of obedience.

(b) The sin of defect is found in disobedience to a lawful command. This sin may also be said to include both excess and defect--the former because the subject follows his own desires more than he should, and the latter because the superior does not receive what he is entitled to (see 1711 sqq.).

2366. Definition of Disobedience.--Disobedience is the transgression of the lawful command of a superior.

(a) It is a transgression, that is, a voluntary neglect or refusal to perform what is ordered or to omit what is forbidden, or to perform or omit at the time or in the manner ordered. Thus, there is no disobedience if fulfillment is impossible--for example, if a subject who is summoned to present himself at a certain place does not receive the notice or becomes too ill to make the journey, or if he is asked to give what he cannot give, or if he is burdened with so many laws or regulations that he cannot even know what they are, much less attempt to observe them.

(b) Disobedience transgresses a lawful command, that is, one which is morally good and issues from competent authority. It is not disobedience to refuse to do what is evidently illicit (e.g., to lie or steal), or what is illegally ordered (e.g., to submit to arrest blindly, to perform what the law forbids the superior to order).

(c) It is violation of a command, that is, of a law or precept. Hence, it is not disobedience to neglect advice or exhortations or requests made by superiors, if the subject-matter is not otherwise obligatory (e.g., a daughter is not disobedient if she does not choose the husband picked out for her by her parents).

(d) It is against the command of a superior, and hence, if there is opposition between laws or precepts, the higher law and the higher superior prevails (288 sqq.).

2367. The Kinds of Disobedience.--(a) By reason of the subject, disobedience is either material or formal, according as the transgressor intends only the satisfaction of his sinful desire against some other virtue, or intends the violation of obedience itself. Material disobedience is found in every sin, since every sin is a transgression, and in this sense the pride of the original sin is called disobedience (Rom., v. 19); but formal disobedience is a special sin, and it is committed only when the sinner transgresses purposely in order not to submit.

(b) By reason of the object, formal disobedience is contempt either for the law or for the superior. In the former case the transgressor despises the commandment given him and vents his dislike in disobedience; in the latter case the transgressor belittles the authority of the lawmaker or superior who made the law or who gave the precept; or scorns his sinfulness, ignorance, or low birth; or hates or envies him, and therefore proceeds to break his laws or precepts. If contempt moves one to rebel against every command, it is perfect; if it extends to only one or another matter, it is imperfect.

2368. It is not sinful contempt of a person in authority, however, if the subject does not admire his character, or agree with his opinions, or approve of his courses, when the subject has good reason for his view and does not forget the respect and obedience due to authority and law.

2369. Theological Sinfulness of Formal Disobedience.--(a) From its nature formal disobedience is a grave sin, since it is contrary to charity, which is the life of the soul and the end of the law. Love of God demands that we keep His commandments and be submissive to His representatives (Rom., xiii. 2; John, xiv, 21; Rom., ii. 23, xiii. 2; Luke, X. 16). Disobedience is classed by St. Paul with the worst sins of the ancient pagans (Rom., i. 30) and of the sinners of the last days (II Tim, iii. 1), with witchcraft and idolatry (I Kings, xv. 23).

(b) From the imperfection of the act formal disobedience is sometimes only a venial sin, as when in a sudden fit of anger against his superiors a child refuses to obey his teachers or parents.

(c) From the lightness of the matter, formal disobedience is only a venial sin, if the contempt is imperfect and not directed against God, and the matter of the command or transgression is not serious (e.g., if one gets up a few minutes late in the morning once or twice as a protest against a regulation). But, even though the matter is not serious in itself, formal disobedience is a grave sin, when the contempt is perfect (e.g., if in a spirit of defiance and of anarchistic contempt for all his laws one pays no heed to some minor regulation of a superior), and perhaps also when contempt is directed against a divine precept (e.g., if with the feeling that the eighth commandment is foolish or useless, one tells small lies); for in the former case there is grave contempt, in the latter case blasphemy.

2370. Moral Species of Disobedience.--(a) In formal disobedience, if the command belongs to some special virtue, there are two sins, namely, that against obedience and that against the virtue intended by the lawgiver (e.g., when out of contempt one violates the third commandment); but, if the command was given for the sake of obedience only, there is but the one sin of formal disobedience (e.g., when out of stubbornness a child refuses to do the study or other work imposed by parents or teachers).

(b) In material disobedience, if the command was given for the sake of some special virtue, there is but the one sin against that virtue, as when one breaks the fifth or sixth commandment to satisfy passion; but if the command was given for the exercise of submission only, there is but the one general sin of disobedience, as when a child eats between meals against the command given by his mother.

2371. Circumstances that Aggravate Formal Disobedience.--One act of formal disobedience can be worse than another such act in two ways:

(a) by reason of the rank of the person who gave the command. Thus, it is more serious to disobey God than to disobey man, and more serious to disobey a higher than a lower superior;

(b) by reason of the rank which the thing commanded has in the intention of the superior. Thus, when disobeying God it is more serious to transgress against the higher than against the lower good, for God always prefers the better good; but in disobeying man alone it is more serious to transgress against the good, higher or lower, which the lawgiver has more at heart.

2372. Comparison of Formal Disobedience with Other Sins.--(a) Disobedience against God (e.g., contempt for His law) is worse than sins against the neighbor (e.g., murder, theft, adultery). This is true when these latter sins do not include formal disobedience against God, for, per se and other things being equal, a sin against God is more serious than a sin against a creature; it is also true when sins against creatures include formal disobedience against God but offend a less important commandment, as when the one sin is perjury and the other theft.

(b) Contempt for the lawgiver, even without disobedience, is worse than contempt for the law with disobedience, since the lawgiver is of greater importance than his precept. Thus, it is worse to blaspheme God than to despise His commandment; it is worse to hold a superior in contempt than to disregard his precept.

2373. The Virtue of Gratitude.--Religion, piety, reverence and obedience are annexed to justice on account of a legal debt; the virtues that remain, beginning with gratitude, are assigned to justice on account of a moral debt only (see 2143). Gratitude is defined as “a moral virtue that inclines one to acknowledge with appreciation and to repay with gladness the favors one has received.”

(a) The object of gratitude is favors received, that is, some good useful and acceptable to the recipient and gratuitously bestowed. Thus, gratitude is not owed for a thing that is harmful (e.g., for aid in the commission of sin, for gifts offered with purpose of bribery or simony) or useless (e.g., for old articles which the giver only wished to get rid of and forced one to take). Neither is gratitude owed for presents made with the purpose of ridicule or offense. Finally, no thanks are due for what was owed in justice (e.g., wages for work performed), though courtesy demands a pleasant response to every good one receives, even when it is not a favor.

(b) The offices of gratitude are acknowledgment and repayment. The former consists in thoughts or words, such as remembrance of benefactors, praise of their good deeds, words of thanks; the latter consists in acts or things, such as honor, service, assistance, and gifts (Tob., xii. 2, 4).

2374. Two Kinds of Gratitude.--(a) In a wide sense, gratitude is the recognition of favors received from superiors, and does not differ from religion, piety and reverence, by which one gives due acknowledgment to God as the first cause of all benefits, to parents as the second cause of life and training, and to rulers as the second cause of direction or guidance or of public and common benefits. (b) In its strict sense, gratitude refers only to special and private benefits distinct from those mentioned above. Gratitude, then, is a distinct virtue and follows in order after reverence.

2375. Is greater gratitude due to God for the gift of innocence or for the gift of repentance?

(a) If we consider only the greatness of the favor, the one who has been preserved from sin owes more gratitude to God; for, per se and other things being equal, it is a greater favor to be kept from sin than to be rescued from it.

(b) If we consider the liberality of the favor, the one who has received the gift of repentance should be more thankful, for God is more generous when He bestows His grace on one who deserved punishment.

2376. Circumstances of Gratitude.--(a) To Whom Gratitude Should Be Shown.--Every benefactor should be repaid internally (e.g., by kind remembrance and prayers) and also externally, unless this is impossible (e.g., when he has become so depraved that one can have no dealings with him). The internal debt is lessened if the benefactor was less benevolent (e.g., if he gave grudgingly, or in an unkind manner, or only with a view to self-advertisement), for the gift is esteemed chiefly from the good will of the giver; the external debt is lessened if the benefactor stands less in need of external help (e.g., if he is wealthy or famous).

(b) By Whom Gratitude Should Be Shown.--Every person who is favored should be thankful. There is no one so high that another cannot be his benefactor, and the greatest or wealthiest person should not feel it beneath his dignity to repay even small favors sincerely given. Neither is there anyone so low, whether child or pauper, that he cannot to some extent, by his respect, affection, prayers, etc., recompense his benefactors.

(c) The Time for Gratitude.--Internal gratitude should be immediate, and should be shown by the kindly manner in which a favor is received; but external repayment should await a suitable time, as it seems forced or unappreciative to give a favor in return as soon as one is received.

(d) The Degree of Gratitude Owed.--If the favor was bestowed by reason of a friendship of utility, the gratitude should correspond with the benefit received; but, if it was bestowed out of pure friendship or liberality, the gratitude should be measured by the benevolence that prompted the favor. Hence, as Seneca remarks, gratitude is sometimes more due to one who bestows small favors, but with liberality and willingness and disinterestedness.

[e] The Amount of Recompense for Favors.--It is suitable that one repay benefactors by giving more than was received from them, if this is possible; for otherwise one will seem only to give back all or part of what was received. But in gratitude, as in benefits, the good will counts for more than the favor; and hence if one cannot hope to surpass the favor (e.g., the case of children in relation to parents), one can at least surpass in desire and internal benevolence.

2377. The Sins against Gratitude.--(a) Since gratitude is a moral virtue, the sins against it are either by excess (e.g., if one is grateful for things one should not desire), or by defect (that is, by ingratitude). Since gratitude inclines to surpass favors received, it is more offended by lack of thanks or ingratitude than by excessive thanks.

(b) As to its motive, ingratitude is twofold, material and formal. Formal ingratitude consists in contempt for the benefit or the benefactor, as when the person favored disdains what has been done for him, and therefore omits to give thanks or commits some injury against the benefactor. Material ingratitude is any injury done a benefactor without contempt for him or his favor.

(c) As to its mode, formal ingratitude is also twofold, that by omission and that by commission. The former is the culpable neglect of the grateful act of repaying a benefactor, or of the grateful word of thanking him, or of the grateful thought of remembering him with affection; the latter is the culpable return of evil for good (Jerem., xviii. 20; Exod., xviii. 3) by an injurious act, or by a word in contempt of the favor, or by a thought that it is a disfavor.

2378. The Moral Species of Ingratitude.--(a) Material ingratitude is not a special sin, since it may be found in all kinds of sins committed against a benefactor; for example, every violation of a commandment is an act of ingratitude to God, and every injury done a human benefactor is an act of ingratitude to man. But material ingratitude is an aggravating circumstance, since it is worse to harm those to whom we owe thanks than to harm others.

(b) Formal ingratitude is a special sin, for it is the denial of a special debt owed in decency, and which a special virtue requires one to pay (see 2374). St. Paul lists ingratitude with other special classes of sin (II Tim., iii. 2).

2379. The Theological Species of Ingratitude.--(a) Formal ingratitude from its nature seems to be a mortal sin, since it is against charity, which bids us love our benefactors. It may be venial, however, on account of the imperfection of the act or the smallness of the matter. Thus, to offend a benefactor in some trifling matter would not be mortal, even though there be some slight contempt in the act.

(b) Material ingratitude is venial or mortal according to the nature of the injury done the benefactor. Thus, a small injury is done when one gives a cheap present to a benefactor from whom one had received a valuable gift, for his right to more was not strict, and hence the sin is venial; but a grave injury is done when one seriously calumniates a benefactor, and the sin is then mortal.

2380. Is It Right to Confer Favors on the Ungrateful?--(a) If the favors will be of benefit, one should not desist merely because of the ingratitude with which they are received. It is not always certain that the beneficiary is ungrateful, and there may be reason to hope for his improvement (Luke, vi. 35).

(b) If the favors are not beneficial, because the recipient is made worse (e.g., arrogant, lazy) through them, they should be discontinued.

2381. The Virtue of Vengeance.--Just as gratitude returns good for evil, so does vengeance (vindicatio) return evil for evil, that is, the evil of punishment for the evil of sin. Vengeance is defined as “a moral virtue that inclines a private person to use lawful means for the punishment of wrongdoing, with a view to the satisfaction of public or private justice.”

(a) Vengeance is a virtue of private persons; that is, it belongs to those who are not charged officially with the punishment of offenses. The duty of public persons, such as judges, is a much stricter one and pertains to the virtue of vindictive justice, which is a form of commutative justice; whereas vengeance is only a virtue annexed to justice (see above, 2141 sqq.). Vindictive justice attends to the equality between fault and punishment, vengeance to the protection of the person who has been injured.

(b) Vengeance is concerned with the punishment of wrongdoing, or the infliction of some painful retribution upon one who has already committed an injury. Thus, this virtue is not strictly identical with lawful self-defense, which is directed against an evil that is not past but present, though self-defense may be rated as a secondary act of the virtue of vengeance.

(c) Vengeance uses only lawful means; that is, it seeks redress or reparation from the authorities who have the right to give it and follows due process of law. This virtue differs, then, from private revenge, vendetta, lynch law, exercise of the “unwritten law,” etc., which are acts of sinful violence, though sometimes subjectively excusable on account of ignorance. The virtue of vengeance is also exercised by those who desire that justice may be done against malefactors, or who visit upon them with moderation such punishments as are not forbidden to private persons (e.g., denial of friendship). Parents also exercise this virtue whenever they properly correct and chastise their children.

(d) Vengeance has for its ends public and private justice, that is, the vindication of the right order of society or the compensation or satisfaction of an injured person. If some other good motive causes one to desire requital of evil deeds, the act will pertain to another virtue: thus, if one aims at the amendment of the evil-doer, one’s act pertains to charity; if one desires by the deterrent of punishment to secure the peace and prosperity of the commonwealth, the act is one of legal justice; if one seeks the honor of God, the act is one of religion, etc. If an evil motive prompts the desire of punishment, the wish is not virtuous at all, but sinful. Thus, he who labors to have a criminal captured, sentenced and executed, and whose intention is not the vindication of justice but the gratification of jealousy, hatred, cruelty or other like passion, sins grievously and perhaps makes himself worse than the criminal. To return evil for evil in this way is to be overcome by evil (Rom., xii. 17-21).

2382. The Morality of Vengeance.--(a) Vengeance is lawful, since it pertains to justice, and Our Lord declares that it is found in the just and is approved by God (Luke, xviii. 7). It is, moreover, a special virtue, for it regulates the special natural inclination which moves man to attack what is harmful and injurious and has its own distinctive ends (see 2381). It is closely related to fortitude and zeal, which prepare the way for it; zeal, being a fervent love of God and man, inspires indignation against injustice, while fortitude removes the fear that might keep one back from attack on injustice. Accidentally, however, on account of greater evils, vengeance is sometimes unlawful, as when it would involve the innocent with the guilty, or fall more heavily upon the less guilty (Matt., xiii. 29, 30).

(b) Vengeance is obligatory when an injury to oneself is also an injury to a public or other necessary good (e.g., to the rights of God or of the Church). Hence it was that Elias and Eliseus punished those who maltreated them (IV Kings, i. 9 sqq., ii. 23, 24), that inspired writers pray God to punish the wicked (Psalms xviii, xxxiv, lxviii, cviii, lxxviii, cxxxvi; Jeremias, xi. 20, xvii, 18, xviii. 21, xx. 12), and Pope Sylvester excommunicated those who sent him into exile. If an injury to oneself is merely personal, one should be willing to forego punishment of the guilty person, and should actually do so when this course is expedient, as Our Lord teaches in Matthew, vi. 14, 15 (see 1198 sqq.). When no necessity requires one to vindicate a personal wrong, the more perfect course is to pardon the wrong for the sake of God; for in avenging injuries to self there is always the danger of such evils as selfish motive, arrogance, hatred, scandal, and the loss of such goods as peace of mind, conversion of the other party, edification, and greater claim on God’s forgiveness of self. Hence, vengeance is called “a little virtue,” since it is so often the less perfect way.

2383. Excess and Defect.--Punitive justice is a moral virtue and hence should be characterized by moderation as to all its circumstances. It should avoid the extremes of excess and defect.

(a) The sin of excess here is cruelty, which in the quality or the quantity of the punishment offends human rights or surpasses the measure of the crime or the custom of the law. Thus, it is immoral to associate young prisoners with hardened criminals, to deprive an offender of religious opportunities; it is inhuman to treat a human being as if he were a brute or less than a brute (e.g., by confinement in a loathsome dungeon, by overwork with starvation, by torture); it is unfair to use severe punishments unknown to law or custom, or whose rigor far surpasses the degree of offense. There is excess even in medicinal or reformatory penalties, if a higher good is sacrificed for a lower (e.g., the spiritual for the temporal, a major for a minor good quality), for then the remedy is worse than the disease.

(b) The sin of defect in punishments is laxity, which rewards crime, or allows it to go unpunished, or imposes penalties which are agreeable to offenders, or not a deterrent, or not at all equal to the offense. Scripture condemns this lenity when it declares that the parent who spares the rod spoils the child (Prov., xiii. 24). In weighing the gravity of a delinquency account should be taken of the fault itself, of the injury done and the scandal given. In the fault consideration must be had of the objective element (i.e., the nature and importance of the law violated), of the subjective element (i.e., the age, instruction, education, sex, and state of mind of the offender), of the circumstances (e.g., the time, the place, the persons involved, and the frequency). See Canon 2218.

2384. Circumstances of Punitive Justice.--(a) Punishments that May Be Used.--Punishment is virtuous only in so far as it restrains from evil those who cannot be restrained by love of virtue, but only by fear of penalty. Hence, penalties should consist in the deprivation of goods that are more prized than the satisfactions obtained through delinquencies. Both divine and human laws, therefore, have established as punishments the loss of a bodily good (e.g., by death, flogging, imprisonment) or of an external good (e.g., by exile, fine, infamy), the chief inducements to crime being found in bodily or external things. The extreme penalty of death should be reserved for extreme cases, and the other penalties should be suited to the crime, so as to remove the incentive or means (e.g., dishonesty should be punished by loss of goods, calumny by infamy, lust by pain, etc.).

(b) Persons Who May Be Punished.--Punishment again is virtuous only because it pertains to justice and rights the inequality caused by sin. Accordingly, no one should be punished unless he has sinned or voluntarily transgressed. It is unlawful to punish the innocent for the guilty, or to punish an innocent person in order to keep him from future sins. It should be noted, however, that God inflicts temporal evils on the just for the sake of spiritual goods (e.g., that they may not become attached to this world, may have opportunities of merit, and may give good example); that one person may be punished for the sin of another when he associates himself with or approves of that sin, as when careless parents have bad children or careless subjects bad rulers (Job, xxxiv. 30; Exod, xx. 5); that for a sufficient reason an innocent person may be deprived of a good for which he is unfitted (e.g., ordination when one is irregular by defect) or to which he has no personal or absolute claim (e.g., the family property when it is lost to the children because the father is fined).

2385. The Virtue of Truthfulness.--Having treated the virtues of gratitude and vengeance, which deal with moral obligations caused by an act of the one owed, we now pass on to truthfulness, which is a moral obligation arising from the acts of the one owing in which he communicates with others. For he who speaks, writes, or otherwise manifests his mind to others puts himself under a duty of not deceiving. Truthfulness or veracity is defined as “a moral virtue that inclines one duly and faithfully to express what is in one’s mind.”

(a) It is a virtue, that is, a good habit, and so it differs from truth, which is the object of intellectual habits. Thus, the First Truth or God is the object of faith. Truthfulness is not the object of a virtue, but it is a virtue.

(b) It is a moral virtue. It deals with external things (viz., the words or signs by which we express our thoughts), and so it is not a theological virtue; moreover, though the knowledge of truth belongs to the intellect, the right manifestation of truth depends on a good will, and so truthfulness is not an intellectual virtue: the truthful man may be unlearned, but he loves honesty.

(c) It regulates the expression of the mind, that is, the words, writing, gestures, conduct, and other external signs, so as to make them conformable to the mind which they stand for. Truthfulness deals with internal things (e.g., when the speaker says that he has good health or is well disposed towards another) and with external things as they appear to the speaker (e.g., when he says that he is certain or believes that a report is accurate).

(d) It is a faithful expression of what is in the mind or belief. Hence, one may be truthful while making statements contrary to fact, or untruthful while making statements agreeable to facts, for truthfulness is sincerity, not correctness.

(e) It is a due expression of one’s mind or belief; that is, it is given when and where and as it should be given. A person who speaks out his mind on all occasions, with no regard for results, is not a liar, but he is at least imprudent, and he cannot be said to possess the virtue of truthfulness, for every virtue is prudent. Examples of this are persons who unnecessarily indulge self-praise by telling their true virtues or perfections (Prov., xxvii. 2), or who vaingloriously or otherwise foolishly publish their true sins or imperfections (Is. iii. 9).

2386. The Excellence of Truthfulness.--(a) Truthfulness is a virtue, since it makes right use of language and other signs by employing them for the truth, and also serves society, which rests on the trust that men have in the words and promises of their fellow-men. St. Paul admonishes the Ephesians (iv. 25) that each one speak the truth to his neighbor, since all are members of the other.

(b) It is a moral virtue, preserving moderation in conversations and other interchanges of thought. This virtue sees that facts are neither exaggerated nor understated, that truth is not manifested when it should be concealed, nor concealed when it should be spoken.

(c) It is a special virtue, for, while the other moral virtues regulate actions and external things, none of them except truthfulness regulates those objects precisely in their character of media or instruments for signifying and conveying thoughts, opinions, and decisions. And since a great part of human life is occupied in conference or correspondence with others, truthfulness is one of the most useful of the virtues and one whose exercise is most frequently called for.

(d) It is a virtue annexed to justice. On the one hand, it is like justice, since it pays a debt which one social being owes another of speaking the truth; on the other hand, it falls short of justice, since the debt is moral, not legal. This is said of truthfulness in ordinary intercourse, for in judicial process and in contracts there is also a legal obligation of justice to tell the truth.

2387. Sincerity and Fidelity.--Two virtues that pertain to truthfulness are sincerity and fidelity.

(a) Sincerity (simplicity) is the virtue of one who is consistent with himself, avoiding duplicity and double dealing of every kind, such as lies, equivocations, sophistries, specious excuses, quibbles, dishonest shifts, distractions, concealments, and the like.

(b) Fidelity (loyalty) is the virtue of one who fulfills promises that are obligatory only in virtue of his word freely given. It differs from constancy, which is concerned not with promises but resolutions, and from virtues concerned with promises that are obligatory in virtue of legal debt, such as contracts, promissory oaths (see 1692, 1749, 1753, 1888). Fidelity makes an honest man’s word as good as his bond, and it is therefore one of the most appreciated of virtues (Matt., xxv. 21; Psalm xiv). Horace calls it the sister of justice.

2388. Vices Opposed to Truthfulness.--(a) By defect one sins against truth through lying and breach of promise; (b) by excess one sins against truthfulness in violation of secret or other unjustifiable disclosures.

2389. Lying.--A lie is a word spoken with the purpose of stating what is not true.

(a) It is said to be a word, by which is meant any external sign consisting in speech or its equivalent. A lie may be expressed by language, oral or written, by signs, by gestures, by insinuation, by expressive silence, by actions or conduct (see 2012, 2028).

(b) A lie is spoken, that is, expressed externally. But the guilt is found in the will, and hence those who plan lies are guilty of mendacity, even though they do not carry out their plans.

(c) A lie is told with purpose; that is, there is a comparison by the intellect of the sign with the thing signified and a voluntary choice of the insufficient sign to be used. An infant or an unconscious person, therefore, may tell an untruth, but he cannot tell a lie. Moreover, a person who has no good command of language or no clear understanding of a subject is not guilty of lying when in spite of his efforts to the contrary he gives misleading impressions. But those who do not think before they speak, or who use language carelessly or inaccurately, may be guilty of injustice and deception, or even of indirect lying.

(d) The purpose of a lie is the statement of what is not true, or the pretense that what is not in one’s mind is in one’s mind. Just as truth is the agreement of the word with the thought, so a lie is the disagreement of word with thought. But a lie need not be entirely false, and indeed one of the most dangerous of lies is what is known as a half-truth, in which some real facts are told in order to give support to pretended facts, or in which valid arguments are adduced to throw dust in the eyes as regards other arguments that are sophistical.

2390. Statements Liable to Misunderstanding or Misinterpretation.--A word that sufficiently expresses one’s idea is not a lie or a deception, even though another idea will be taken from it by a listener or is conveyed by its mere letter.

(a) Thus, misunderstanding due to defect, not of the speaker, but of the listener, does not make one’s words untruthful, any more than it makes them scandalous (see 1462), as when the listener has not given attention to what was said (John, xxi. 23). Even a speech worded obscurely because the matter is obscure, or because the listener would be harmed by plainer speech (see 1001), is not mendacious but prudent.

(b) Misinterpretation to which a statement is open on account of its wording does not make the statement untruthful, if the context or circumstances sufficiently disclose the true meaning of the words. Examples: hyperbolical, ironical or other metaphorical speech; words spoken in jest or in terms of customary politeness, such as “your most obedient servant”, statements made inquiringly or hypothetically (e.g., when a judge or prosecutor accuses a defendant of crime in order to discover the truth; cfr. Gen., xiii. 9), or by way of mere quotation or of fictitious narrative (e.g., fairy tales, stories, reveries), or of disputation as in school debates exercised for the sake of practice in argumentation. It is not a lie to write under a pen-name, to speak according to the personality one represents (Gen., xxxi. 13; Tob., v. 18), to answer according to the mind of a questioner, as when A says to B: “Have you seen your father?” meaning, “Do you know where he is?” and B replies: “I have not seen him,” meaning “I do not know where he is.” Lying contests, in which fishermen, sportsmen, etc., vie with one another to see who can tell the most incredible yarn or tall tale, are not in themselves sinful, but there may be circumstances (for example, scandal, deception, danger) that make them reprehensible.

2391. Divisions of Lies.--(a) Intrinsically, or in respect to its nature as a departure from the speaker’s mind, every lie is either an exaggeration, which tells more than the truth, or a suppression, which tells less than the whole truth. He who affirms what he does not believe, or who states as certain what he thinks is uncertain, exaggerates; he who denies what he believes, or who states as doubtful what he holds as certain, is guilty of suppression.

(b) Extrinsically, or in respect to purpose, mode, and result, lies are of many kinds. As to mode, a lie is either spoken or acted, the former being a falsehood and the latter a simulation or hypocrisy. As to its immediate purpose, a lie is meant either to express falsehood only or to deceive, the former being misrepresentation and the latter deceit (e.g., if Claudius knows that he calumniated and that Sempronius heard the calumny, and yet brazenly denies the calumny to Sempronius, there is misrepresentation); if Claudius tries to mislead others who only suspect him and gives false alibis, there is deceit. As to its ulterior purpose, a lie is meant for good (an officious or jocose lie) or for evil (a pernicious lie), or is directed to both good and evil. As to its result, a lie sometimes produces and sometimes does not produce a statement at variance with fact; it sometimes deceives and sometimes does not deceive the auditors.

2392. Classification of Lies.--Every lie is harmful from its nature, since it tends to deceive others and so to disturb the good order of society. But the reason that moves persons to lie is not always evil, and hence we have the following classes of lies.

(a) Some lies are told for a good purpose, as when one lies in order to please (jocose lie) or to serve another (officious lie). Jocose lies include all kinds of humorous and interesting narrations and descriptions meant only to afford pleasure, but given out as facts by one who does not believe them to be facts. Untruths told in such a way (e.g., with a laugh or in a playful tone, especially if the auditors have a sense of humor) that it is clear they are not meant to be taken seriously, are not jocose lies or lies of any kind. Officious lies are told with a view to assisting or accommodating a neighbor, that he may receive some good (e.g., to hold out false promises as an inducement to good conduct) or escape some evil (e.g., to fill the ears of a despondent man with false reports of good news in order to revive his spirits). It seems that we should regard as officious lies various statements made by Jacob (Gen., xxvii. 35), David (I Kings, xx. 6, xxi. 2, xxvii. 10), and Judith (X. xi. xii).

(b) Some lies are told for an evil purpose, as when one lies merely to indulge a propensity for falsehood or for the sheer pleasure of lying (lies of inclination), or when one lies to injure another person (pernicious lies).

2393. Motives for Lying.--The motives for lying are not always simple, and it may happen that in one and the same lie there are several motives of different character.

(a) Thus, an officious lie is not always dictated by pure benevolence. It may be selfish (e.g., when one lies to conceal the delinquency of another in which one was involved), as well as altruistic (e.g., when the liar derives no benefit from the lie), or self-sacrificing (e.g., when the liar is put to expense, trouble or loss through his lie).

(b) An officious lie may also be pernicious and jocose, for it may affect different persons in different ways. Thus, if Claudius calumniates Julius in order to shield Balbus from the bad opinion of Caius, who does not know Balbus, and to amuse Sempronius who knows the truth, the lie is pernicious as regards Julius, officious as regards Balbus, and jocose as regards Sempronius.

2394. Comparison of the Gravity of Various Lies.--(a) Lies of exaggeration are not worse as lies than lies of suppression, for in both cases the truth is departed from. But it is more imprudent to overstate than to understate, and in this sense the lie of exaggeration is worse.

(b) Lies are aggravated by the purpose to harm, and the greater the harm, the greater the sin. Thus, the worst of all pernicious lies is that which is directed against God, as in false religious doctrine; and the lie that harms a man in spiritual goods is worse than a lie that harms in temporal things only.

(c) Lies are mitigated by the purpose to help, and the greater the good intended the less the sin. In other words, lies that are not pernicious are not so bad as pernicious lies, officious lies are less sinful than jocose lies, officious lies told for the sake of some great good are not so grave as those told for the sake of a lesser good. Thus, it is a less evil to lie in order to save a man’s life than to lie in order to take his life; it is less sinful to lie in order to spare another the shock of bad news than to lie for the sake of embellishing a tale; it is a less offense to lie in order to ward off a bodily harm than to lie in order to prevent a financial loss.

2395. Sinfulness of All Lies.--But though lies are unequal in sinfulness, it remains that no lie, even the smallest (such as are called fibs or white lies), is ever justified, even by the greatest good (Job, xiii. 7), for a lie is intrinsically evil, and the end does not justify the means.

(a) A lie is a sin, because it is an abuse of speech and other signs given by God for the manifestation of truth; because it is an unfriendly and unsocial act, tending to the disruption of kindly relations between men; because it is directly opposed to truth, the proper and distinctive good of the human mind. Even the pagans have regarded liars with contempt and considered lies as disgraceful, and even those who lay no claim to virtue feel gravely insulted if called liars. In many places the Scriptures forbid lying (Exod., xxiii. 7; Levit., Xix. 11; Prov., xii. 22; Ecclus., xx. 26; Col., iii. 9), and St. Paul especially (Eph., iv. 25) is very clear on this point: “Putting away lying, speak ye the truth every man with his neighbor, for we are members one of another.” The Fathers and the theologians are generally agreed that no necessity, not even the danger of death, excuses a lie, any more than it excuses theft or adultery. If God could approve of even one lie, would not that approval undermine our faith in His own veracity? Surely we have no implicit confidence in one who helps to deceive us even in a small matter.

(b) A lie, considered precisely as a lie, seems from its nature to be only a venial sin, for the disorder of using signs against one’s mind is not serious, and the harm done society by mere denial of truth is not necessarily grave (the case would be otherwise if truth could be denied on principle as a lawful thing). Even pious persons do not regard harmless lies as very sinful (see 2143, 2386). Hence, as jocose and officious lies have no other malice than that of untruthfulness and as the malice is lessened by the intention, they are generally venial; but some extrinsic circumstance (such as scandal, the fact that one lies habitually and without scruple, or disastrous results) may render them mortal. Pernicious lies have another malice besides that of untruthfulness, and accordingly the case with them is different.

2396. When Lying Entails No Formal Sin.--Lies are sometimes free from all formal sin on account of ignorance (as in the case of children or uninstructed persons, who think they may use lies in case of great difficulty) or on account of irresponsibility (as in the case of certain defectives who seem to be born liars).

2397. Pernicious Lies.--Pernicious lies are mortal sins from their nature, but may become venial from the imperfection of the act or the lightness of the matter. For a pernicious lie sins not against truth only, but also against justice or charity. Hence, it is said that the liar destroys his own soul (Wis., i. 11), that a lie is abominated and hated by the Lord (Prov., vi. 17, xii. 22), that it has the devil for its father (John, viii. 44), that it brings down divine vengeance (Ps. v. 7) and will receive its portion in the pool of fire and brimstone (Apoc., xxi. 8). This sin is committed in two ways, as follows:

(a) a lie is pernicious when its matter is harmful, as being contrary to sound doctrine, good morals or true science. Hence, a preacher sins gravely if the substance of his pulpit teaching is mendacious (e.g., if in a sermon he enunciates or defends erroneous principles of conduct), venially if he lies about accidentals (e.g., if he gives the wrong chapter or verse for a text); a scientist, a physician, a jurist, or the like is similarly guilty of a pernicious lie when he misleads the public by unreliable information. A penitent in the confessional and a witness in court lie perniciously if their statements about relevant matters are untrue, for the one injures the Sacrament and the other injures public justice; but if the lie is about some matter of slight importance, the sin is venial, unless there is no other matter in the confession, or the testimony is under oath;

(b) a lie is also pernicious when the intention of the liar is to injure God or his neighbor, even though the matter itself is not opposed to true doctrine or is not official testimony. Examples are found in those who lie in a humorous way in order to injure or sadden others.

2398. Concealment of the Truth.--Truthfulness is offended not only by the declaration of falsity (i.e., of what is not in the mind), but also by the unlawful concealment of the truth (i.e., of what is in the mind). The truth is concealed either negatively or positively.

(a) There is negative concealment of the truth, when one has recourse to silence or evasion. Everyone admits that this kind of concealment is lawful when there is no obligation to give information, or when there is an obligation not to give it. Thus, a person who is besieged by newspaper reporters does not feel obligated to answer all their questions; a person who is interrogated by curious individuals about his business or financial affairs, does not feel guilty if he evades their questions by changing the subject, or by asking them similar questions, or by putting them off till a more convenient time, etc.

(b) There is positive concealment of the truth, when one gives a reply in language that is obscure to the listener or obscure in itself. If the listener has no right to the truth, it is not wrong to speak to him in words which he will not understand (e.g., in technical or scientific terms); for if he is deceived, he can blame only his own impertinence or dullness. The case is more difficult, however, if the reply is obscure in itself, that is, if use is made of ambiguity or mental reservation.

2399. Mental Reservation.--Mental reservation is an act of the mind by which a speaker restricts or limits his words to a meaning which they do not naturally or clearly convey; or it is an internal modification of an external speech delivered without any or without clear external modification. There are two kinds of mental reservation.

(a) Strict mental reservation is that in which the internal modification is manifested by nothing external, neither by the natural sense of the words (i.e., the meaning that ordinarily attaches to them) nor by their accidental sense (i.e., the meaning they receive from their context, such as the circumstances of time, place, usage, person who questions, person who is questioned, etc.). Example: Titus, who struck Balbus with a club, denies that he hit him, meaning that it was the club which hit Balbus directly.

(b) Broad mental reservation is that in which the internal modification can be perceived, at least by a prudent person, either from the natural sense of the words (because they are known to be capable of different meanings), or from the context (because circumstances indicate that the words are not to be taken in their obvious sense). Example: Claudius accidentally ran against and wounded Sempronius and the latter thinks that someone struck him a blow. Claudius denies that he struck Sempronius, or declares to those who have no right to ask that he knows nothing about the matter.

2400. Lawfulness of Mental Reservation.--(a) Strict mental reservation is unlawful and has been condemned by the Church (see Denzinger, nn. 1174-1178). The reasons are, first, that it is a lie, since it employs words that do not at all express what the speaker has in mind, and his mental reservation cannot give them a significance they do not possess; secondly, that, if it were lawful, every dishonest person could easily escape the guilt of lying and yet deceive at will. According to Scripture the sophistical speaker is hateful (Ecclus., xxxvii. 23), but the just man speaks and swears without guile (Ps. xxxiii. 14, xxiii. 4).

(b) Broad mental reservation is unlawful when there is a reason that forbids its use, or when there is no sufficient reason to justify its use. Reservation is forbidden when a questioner has the right to an answer free from all ambiguity, for example, when a pastor questions parties preparing for marriage, when a person who is about to be inducted into office is asked about his freedom from disqualifications, when a witness in court is interrogated about matters on which he can testify, when one party to a contract seeks from the other necessary knowledge about the contract; for in all these cases injury is done by concealment of the truth. Reservation is not justified, unless it is necessary in order to secure some good or avoid some evil, whether spiritual or temporal, whether for self or for another, and the end compensates by its importance for the deception that may be caused. Apart from such necessity mental reservation is, to say the least, a departure from the virtue of Christian sincerity or simplicity, which pertains to truthfulness and which forbids one to conceal the truth from others when there is no good reason for concealment (Matt, v. 37). Moreover, the friendly relations of mankind would be impaired if it were lawful to speak equivocally even when trifling things are discussed or when there is no reason to be secretive.

(c) Broad mental reservation is lawful when there is a sufficient reason for it, such as the public welfare (e. g., the preservation of state secrets or of military plans), spiritual welfare (e.g., the prevention of blasphemy or intoxication), bodily welfare (e.g., the prevention of death or murder), or financial welfare (e.g., the prevention of robbery). But the reservation must be necessary, as being the only lawful means that will secure the end (e.g., one should not use reservation when evasion or silence will suffice); and it should not be injurious to the rights of another (e.g., it should not be employed against the common good, in favor of a private good). The reason for the present conclusion is found in the principle of double result (see 103 sqq.) and in the fact that a broad mental reservation is not intrinsically evil, since it contains no lie or insincerity and causes no injury to individuals or society. There is no lie, because the words correspond with the thought, either from their natural signification (in case of double-meaning words), or from their accidental signification (in case of words whose meaning is varied by the context); there is no insincerity, for the aim is only to conceal a truth that should not be made known; there is no injury to the listener or questioner, since, if he is deceived, this is due to his own heedlessness or dullness or unjustified curiosity; there is no injury to society, since the general welfare demands that there be some honest means of eluding unjust inquiries and of protecting important secrets. Our Lord Himself, who is infinitely above all suspicion of duplicity or insincerity, may have used broad mental reservations when He declared (John, vii. 8-10) that He would not go up to Jerusalem, that the daughter of Jairus was not dead but sleeping (Matt., ix. 24). Other cases of mental reservation in Scripture are found in Eliseus (IV Kings, vi. 19).

2401. When Is Broad Mental Reservation Lawful?--There is general agreement that broad mental reservation is lawful in the following cases:

(a) it is lawful and obligatory when one is bound to keep the truth from the person who asks it. Hence, those who are questioned about secrets which sacramental or professional confidence forbids them to disclose (e.g., confessors, doctors, lawyers, statesmen, and secretaries) should deny knowledge, or, if hard-pressed, even the facts. The answer, “I do not know” or “No,” in these cases simply means: “I have no personal or communicable knowledge.” In war time a government has the right to censor the news in order to keep information from the enemy. A reason of charity might also make it obligatory to disguise the truth by mental reservation (e.g., when a clear reply given to the question of a sick person would only weaken a slender hope of saving his life, or when exact information given to a gunman would enable him to overtake an intended victim);

(b) it is lawful when a reasonable local custom permits one to withhold the truth. Thus, an accused person, even though guilty, has the right to plead not guilty, which means that he does not confess guilt; a person who has a visitor at an unseasonable hour may send word that he is not at home, which means that she is not at home to visitors, a person who is asked for an alms or a loan which he cannot conveniently grant may answer, according to many, that he has not the money, which means that he has no money to spare for those purposes (see 2251).

2402. Ambiguous Answers.--Are ambiguous answers which are not given according to the questioner’s mind, and for which there are no reasonable justifications, to be classed as lies?

(a) If the answer, even in the setting of its context, retains its ambiguity or can be interpreted in two ways, there is not strictly speaking a lie, for the words signify, though obscurely, what is in the speaker’s mind. But this is a form of insincerity known as equivocation or quibbling, which many regard almost as disreputable as plain lying. The pagan oracles that made predictions that would suit any turn of events and politicians who so word themselves as to be on opposite sides at the same time are examples of equivocation.

(b) If the answer, though verbally susceptible of two senses, is contextually limited to one sense, it is a lie; for it does not express the speaker’s mind. Thus, if Titus knows that Balbus is good physically or mentally but not morally, he equivocates by answering that Balbus is good, if from the circumstances this indicates only that in some way or other Balbus is good; but Titus lies by answering that Balbus is good and restricting his meaning to physical goodness or industry, if the question propounded referred to moral goodness.

2403. Simulation or Pretence.--A special form of untruthfulness is simulation or pretence, which uses external deeds or things to signify the contrary of what one thinks or intends internally.

(a) Simulation uses external deeds or things, and thus there is an accidental difference between lying and simulation, the one being untruthfulness in word and the other untruthfulness in deed (see 1678 sqq.).

(b) It employs deeds or things to signify. Unlike words, deeds and things were not meant principally to signify, and hence not all conduct at variance with one’s ideas is simulation. One may act without any thought of the impression the act makes on others (e.g., when one keeps sober, not from wish, but from necessity). And even when an act is done with the intention to influence others by it, the purpose may be, not to signify, but to conceal something (e.g., Josue fled from the troops of Hai to keep them from a knowledge of his plans, Jos., viii. 1 sqq.; David feigned insanity to conceal his identity, I Kings, xxi. 11. sqq.). Thus, simulation teaches error, and dissimulation hides truth from those who have no right to it. That dissimulation is generally recognized as lawful is seen from such examples as stratagems, ambushes, camouflage in war, disguises in detective work, and concealment of marriage by couples not ready for housekeeping.

(c) It signifies the contrary of what one has in mind, as when one who is sad laughs and jokes to make others think he is happy, or one who is well apes the actions of a sick man so as to appear unwell, or when one who hates his neighbor treats him as a friend in public. A special form of simulation is hypocrisy, which makes a show of virtue that one does not possess at all or in the degree pretended. There is no simulation if the exterior corresponds with what one has is mind, for example, at Emmaus Christ made as though He would go farther (Luke, xxiv. 28), but He meant not to stop without an invitation.

2404. The Sinfulness of Simulation.--(a) In general, simulation is a sin, since it is nothing else than an acted lie. But deeds, with the few exceptions of bows, nods, gestures and the like, are not from their nature signs of thoughts, and those employed to serve as signs are more indeterminate and equivocal than words; hence, it is not always as easy to decide that an act is simulatory as to decide that a word is a lie. Thus, it is not simulation to make use of false hair, false teeth, or false jewelry as means of protection or of adornment, there being no intention to mislead; neither is it simulation for a wicked cleric to wear the clerical garb, for the dress signifies primarily his state, and not necessarily his personal moral character.

(b) In particular, simulation by hypocrisy and treachery is detestable; for hypocrisy prostitutes works of virtue to the ignoble ends of applause or lucre or worse, while treachery uses the intimacy or marks of friendship as means for betrayal. The most stinging rebukes of Our Lord were given the hypocritical Pharisees (“Blind guides, whited sepulchres, serpents, generation of vipers,” Matt., xxiii. 23 sqq.), and among the saddest words of Christ are those addressed to Judas (“Dost thou betray the Son of man with a kiss?” Luke, xxii. 48). Against the former he pronounced woes, and He declared that it were better if the latter had never been born (Matt., xxvi. 24).

2405. Sinfulness of Hypocrisy.--(a) Hypocrisy in its strictest sense is the simulation of one who wishes to seem but not to be virtuous. This sin is mortal, since it cares nothing for virtue, and its external pretense is but a mockery. It is this hypocrisy that is so scathingly denounced in Scripture.

(b) Hypocrisy in a less strict sense is the simulation of one who is in mortal sin, but wishes for some reason to appear virtuous or to lead a double life. The sin is mortal or venial according to the motive; for example, to act the hypocrite in order to seduce another is a mortal sin, though, if the motive is only vanity, the sin is venial. It should be noted that it is not hypocrisy for a just cause to conceal one’s sin by dissimulation; indeed, Isaias severely blames those who scandalize others by flaunting their wickedness before the public (Is, iii. 9).

(c) Hypocrisy in the widest sense assumes the appearance of a high degree of sanctity above that requisite for salvation, as when a person of ordinary goodness tries to gain the reputation of miracle-worker, or to pass as one better than others in faith, zeal, humility, etc. This sin is not mortal in itself, but it may become mortal on account of some motive, some means, or some other circumstance. There is no hypocrisy at all, however, in showing oneself for the virtue one really has; on the contrary, he lies, who being good pretends that he is not good, or who being free of a vice pretends that he is guilty of it.

2406. Self-Glorification and Self-Depreciation.--Two forms of lying about self are self-glorification and self-depreciation.

(a) Braggadocio is untruthful self-glorification, as when one pretends to be of royal descent, or makes a display of wealth beyond one’s means, or poses as an authority on matters of which one is ignorant, or tries by bluff to make one’s defects seem perfections. This sin is mortal when the lie is seriously injurious to God or others (Ezech., xxviii. 2, Luke, xviii. 11), or when the motive is gravely sinful, such as grave arrogance, ambition, or avarice.

(b) Feigning of defects (irony) is untruthful self-depreciation, as when one falsely denies a good quality which one possesses (e.g., an excessively humble man denies the good deeds that others ascribe to him, though he knows they are real), or when one falsely admits a bad quality which one lacks (e.g., a person who wishes to curry favor accuses himself of misdeeds which he knows never happened). This sin is usually less than braggadocio, since as a rule its purpose is to avoid offense to others; but it may be serious sin on account of some circumstance, as when one speaks ill of self in order to scandalize or seduce another. At times the feigning of defects is a concealed braggadocio, as when one dresses in rags, hoping by this expedient to acquire repute as a person of great spirituality (Prov., xxvi, 25; Matt., vi. 16; Ecclus., xix. 23).

2407. Infidelity and Violation of a Secret.--It remains to speak of the vices of infidelity and violation of secret (see 2388 a). As to the former, since it has been discussed elsewhere (1877 sqq., 1888, 1889; see also the matter on Promissory Oaths), it will suffice here to ask the question: Is the breach of a promise freely given a sin?

(a) If observance of the promise is due from fidelity only, there is no legal fault, but there is moral fault, and hence the breach of the promise is a sin. The malice is essentially the same as that of untruthfulness (see 2395), for both the liar and the promise-breaker show themselves unreliable, the former because his words do not square with his mind and the latter because his deeds do not live up to his plighted word. Breach of promise, then, seems per se to be a venial sin, though there are often circumstances (such as damage done) that make it mortal.

(b) If observance of the promise is not due even from fidelity, on account of the presence of some defect, there is no moral obligation to keep the promise and no sin is committed by not keeping it. The defects referred to are such as make the promise lack force from the beginning (e.g., if it was immoral or extorted by force), or deprive it of the force it had (i.e., inability on the part of the promisor or loss of right on the part of the promisee). The promisor is unable to keep the promise, if the thing promised has become physically impossible (e.g., he no longer has the strength or the means to perform what he promised), or morally impossible (e.g., the thing promised has become unlawful, or a notable change has taken place which, could it have been foreseen, would have prevented the promise). The promisee loses his right if the sole or principal reason that dictated the promise has ceased, or if the promise has become useless to the promisee, or if the promisor has been released, or if the promisee forfeits his claim by his own perfidy towards the promisor (see 2256 sqq., 1889).

2408. Definition of a Secret.--A secret is a matter (e.g., an invention, valuable information, concealed virtues, the fact that a crime has been committed) known privately by only one person or by so few that it is neither public property nor notorious. Moralists distinguish the following kinds of secrets:

(a) a natural secret, which is one that cannot be revealed without causing injury or annoyance to another, as when the revelation will harm a person in his reputation, honor, influence property. It is called natural for it arises from the very nature of the matter of the secret and not from any promise or contract.

(b) a promised secret, which is one that a person has promised, but only after he had already learned it, to guard inviolate. It makes no difference whether the promisor learned the secret from the promisee or from some other source;

(c) an entrusted or committed secret, which is one that a person promised (and before he learned it) to keep from others. The promise here is either implicit or explicit. An implicit promise of secrecy is one that is demanded by the confidential nature of communications between two parties (professional secret), as when physicians, lawyers, priests, parents, or friends are told of private matters on account of their position or relationship. An explicit promise is one that is given in express terms, as when A says to B: “I have a matter of great importance to tell you, but you must first promise that you will keep it secret”; and on B promising, A confides to him the secret.

2409. Sinfulness of Violating a. Secret.--A secret is the property of its owner, and to it he has a strict right; for if it is a good secret (such as an original idea or discovery), it is the product of his labor or at least a possession which he has lawfully come by; if it is an evil secret (such as a crime of which he has been guilty), it may not be made known without infringing on his right of reputation. It is no more lawful to violate the right to a secret than to violate the right to property, and, as there are three kinds of injuries to property, so there are three kinds of injuries to a secret.

(a) Thus, the right of possession is injured by those who by fraud or force or other illegal means deprive another of his secret (e.g., by secretly intercepting private letters, by making a person drunk in order to learn a secret).

(b) The right of use is injured by those who on acquiring knowledge of a secret guide themselves or others by it to the detriment of the owner’s rights.

(c) The right of disposition is injured by those who reveal a secret which they were obliged not to reveal.

2410. Prying Into Others’ Secrets.--To seek to discover the secrets of others is not lawful unless the following conditions are present:

(a) one must have a right to the knowledge. Hence, if there is question about a crime that has been committed or that is about to be committed, one has a right to investigate in order to prevent harm to public or private good; in war one may try to discover the plans of the enemy. But it is not lawful to pry into purely personal matters, to fish from others natural or confidential secrets which they are bound to keep, to steal from another the thoughts, plans, inventions, etc, which are his own;

(b) one must use only honest means to discover secrets to which one has a right (1504). Thus, it does not seem lawful generally to inebriate another in order to learn his secret, and it is certainly sinful to resort to lies or simulation or immorality.

2411. Reading Another’s Letters or Papers.--When is it lawful to read the letters or other papers of another person?

(a) This is lawful when the writings are not intended to be secret to anyone, as when a circular is meant for public use, when greetings are written on a postcard which all may read, and when a letter is left open and thrown away or otherwise abandoned. But a sealed letter, or one left open in a private room, or one lost in a public place, is secret. If a letter or manuscript has been torn up by its owner and thrown away on the street or other public place, it does not seem lawful to piece the fragments together and read the writing, for, though the paper has been abandoned, the owner by destroying it has indicated his will to keep the contents secret.

(b) It is also lawful to read the writing of others that are not secret as regards oneself, as when one has received a just permission from the writer to peruse a letter written by him, or when one may presume such permission on account of friendship with the writer, or when rule or lawful custom gives the superior of an institution the right to inspect the correspondence of his subjects. Exception must be made for exempted matter for which there is no permission, such as letters containing conscience matters and letters directed to higher religious superiors (see Canon 611).

(c) It is also lawful to read the writings of others that are meant to be secret, if one has a right to know what is in them: for in such a case the owner would be unreasonable if he wished to exclude one from the knowledge. Thus, the public authority (e.g., in time of war) has the right to open and read letters and private papers, when this is necessary for the common good; parents and heads of boarding schools may examine the correspondence of their subjects, though parents should respect conscience matter and others should not read family secrets; private individuals have the natural right, as a measure of self-defense, to read another’s letter, when there is a prudent reason for thinking that it contains something gravely and unjustly harmful to themselves (such as conspiracy, a trap, calumny).

2412. Lawfulness of Utilizing Knowledge of Secret.--One is said to use the knowledge obtained from a secret when one guides one’s conduct by the knowledge, doing or omitting what one would not otherwise do or omit. Is this use of a secret lawful?

(a) If there was a promise not to use the secret, such use is unlawful (see 2414). Breach of promise is then, in case of a merely promised secret, an act of infidelity at least, and in case of an entrusted secret an act of injustice. Thus, when one consults a professional person, there is a tacit understanding that the knowledge communicated will not be used against one’s interests or without one’s consent, and hence a lawyer would be unjust if, on learning in the course of work for a client that the latter’s business was not prosperous, he gave word of this to one of the client’s creditors.

(b) If there was no promise not to use the secret, the use of it is nevertheless unjust, if it infringes a strict right (e.g., to make money from a secret process on which another has a patent, to get knowledge of another’s information and plans through reading his letters and thereby to prevent him from securing a vacant position), or if it is equivalent to unjust revelation of a secret. The use is uneharitable if it harms another person without necessity (e.g., to take away one’s trade from a deserving merchant solely because one has learned that on one occasion he was accidentally intoxicated).

(c) If there was no promise to avoid use and no harm will be done by use, it is lawful to use a secret for a non-necessary good (e.g., to raise the price on one’s property when one accidentally learns through overhearing a secret conversation that the property is worth the higher price), and it is obligatory to use it for a necessary good (e.g., to assist a neighbor when one is told under secret that he is in dire need of one’s charitable help). Even though harm will result to another by use of the secret, use is not sinful if it infringes no right and could be sacrificed only at great inconvenience to oneself, as when one has discovered by one’s own industry some important truth in an art or science which another had previously discovered but had neglected to make his own by exclusive right, or when one learns under secret that another person is one’s enemy and has to be watched and avoided.

2413. The Sin Committed by Stealing or Unduly Using the Secret of Another.--(a) From its nature (cases of mere fidelity excepted) the sin is mortal, as being a violation of commutative justice or of charity. Injury to property rights, whether in goods or in knowledge, is violation of a strict right (see 1890, 1894). The sin is aggravated by the greater import of the secret or by the greater damages or displeasure caused.

(b) From the imperfection of the act or the lightness of the matter the sin may become venial, as when one thoughtlessly reads another person’s letters, or opens correspondence without authority, feeling morally sure that there is nothing confidential in it, or makes use of an unimportant secret without permission.

2414. The Obligation of Keeping a Secret.--(a) The natural secret obliges per se under grave sin; for violation of it offends charity and justice by saddening and harming a neighbor. The sin may become venial on account of lightness of matter, as when little sadness or harm is caused.

(b) The promised secret obliges ordinarily under light sin only; for as a rule the promisor intends to obligate himself in virtue of fidelity alone (1888), and the obligation of fidelity, as said above (see 2407), is not grave. But exceptionally the obligation may be grave, as when the promisor intended to bind himself in virtue of justice and under grave sin, or when the secret is natural as well as promised.

(c) The entrusted secret obliges per se under grave sin; for there is a duty of commutative and of legal justice to keep it, on account of the rights of contract and of the common good that are involved. The violator of an entrusted secret injures private good by disregard for contract, and he injures public good by weakening confidence in officials or professional persons to whom others must go for advice or assistance. Violation of a committed secret may be only a venial sin on account of the lightness of the matter. Thus, some think it is not a serious injustice to reveal a secret to one very discreet person, if the person whose secret is made known is not very much opposed to this and no other damage will result (see 2065).

2415. Comparison of Secrets as Regards Binding Force.--(a) The promised secret obliges less than the natural or the entrusted, as was said in the previous paragraph. (b) The natural secret obliges less per se than the entrusted secret, for the safeguarding of the latter is agreed to in an onerous contract, while no engagement is made to keep the former. (c) Some entrusted secrets are more sacred than others. Thus, a secret confided from necessity is more binding than one confided without necessity; a secret one has sworn to keep is more obligatory than a secret one has given one’s word of honor to keep; a professional secret is more imperious than a private secret; a state secret is far more important than any secret of private individuals. The most inviolable of all secrets is that of the confessional, because its violation is always a sacrilege.

2416. Cases Wherein It Is Not Necessary to Keep a Secret.--(a) If there has been no obligation from the time the secret was learned, it is not necessary to keep it. Thus, if a merely promised secret was accepted under compulsion and revelation will be advantageous and not harmful, it does not seem necessary to keep the secret.

(b) If the obligation of the secret has ceased, it is not necessary to be silent. Examples are cases in which secrecy was promised only for a certain space of time, or in which a matter formerly secret has become public, or in which the owner of the secret wishes it to be divulged, or in which he has not kept faith with the possessor of the secret, provided of course that in these cases no injury or unnecessary harm is done by making known the secret. Similarly, if the recipient of the secret cannot keep it without grave harm (e.g., death) to himself, he is not bound by it, unless charity (see 1165, 1236) or justice calls for the contrary. Commutative justice would demand silence (though many make exception for a most grave reason, regarding a promise to the contrary as prodigal) if there had been an express contract to guard the secret at all risks; legal justice would demand it, if the safety of the republic were involved.

2417. Cases Wherein It Is Not Lawful to Keep a Secret.--(a) If a secret cannot be kept without greater harm to the common good, it may not be kept, for legal justice requires that private good be subordinated to public safety. The violation of secrets is a harm to the public good and a greater harm than ordinary evils against the community (such as the escape of a guilty person); but it is a less harm than serious evils against the people (such as menace to public health, sedition, or treason). The possessor of a natural or promised secret must make it known at the command of lawful authority, as in court; but the superior has no right to question about entrusted secrets of a necessary kind, and this is usually recognized by positive law in the protection extended to professional communications.

(b) If a secret cannot be kept without greater harm to the private good of the owner of the secret, distinction is made between a non-entrusted and an entrusted secret. In the former case the secret may not be kept, for charity bids one to help a neighbor escape a greater evil, and the owner of the secret would be unreasonable if he were opposed to its revelation (see 501 sqq.). In the latter case, some are of the opinion that the secret should be kept, if it is professional (since the public good then takes precedence over the private good of the owner of the secret), but this is denied by others. Example: Titus knows that Balbus is about to marry with a secret impediment that will nullify the marriage, but he cannot persuade Balbus to disclose this impediment to the pastor.

(c) If a secret cannot be kept without greater harm to the private good of a third party (i.e., one other than the owner of the secret), distinction is made between cases, according as injury is or is not done by the owner of the secret to the third party. If no injury is done the third party, the secret should be kept (e.g., if one knows in confidence that Sempronius has made an invention which will supersede an invention made by Claudius, one is not at liberty to make this known to the latter, for Sempronius has done no injury to Claudius). If, however, injury is done the third party by the owner of the secret when the secret is kept, one should not keep the secret; for charity requires that one help an innocent person to escape from harm, even if this has to be done at the expense of harm to the guilty cause of the harm. Examples: If one knows as a secret that A, B and C have conspired to murder D tomorrow night, and one cannot otherwise prevent the murder, one should if possible break the secret, at least by sending warning to D that his life is in danger tomorrow night. If a doctor knows that a man who is about to contract marriage is syphilitic and pretends that he is sound, and if the doctor cannot persuade this man to make the facts known to the intended wife, the doctor himself should give notice to the woman, according to some authorities, unless the laws of the country forbid such use of professional knowledge.

2418. What should the possessor of an entrusted secret do, if from the secret he knows that the one who entrusted it is guilty of a crime for which an innocent third person is about to be convicted and sentenced?

(a) If the guilty party is responsible for the plight of the innocent party (e.g., because he falsely accused him or threw suspicion on him), natural law would require the possessor of the secret to make known the true state of affairs; for the guilty party is then the unjust cause of damage and is bound to accuse himself (see 1763). Revelation of the true culprit would not be necessary, however, if there was some other way of saving the innocent person.

(b) If the guilty person is not responsible for the difficulty in which the innocent person finds himself, not having used any means to bring the latter into suspicion, some believe that the secret should be kept, since the guilty person has then the right to keep his secret and therefore has also the right that his confidants keep it (see 1968). But others, while granting that the guilty person is not obliged to accuse himself, deny that the confidant is not obliged to accuse him; for the right of the guilty that his secret be kept and the right of the innocent that he be not deprived of life or liberty are in conflict and unequal, and he who prefers the former right does an injury to the innocent person (see 288).

2419. The previous question was concerned with an innocent third party. If the holder of the secret is also the accused, it seems he is not obliged, unless perhaps when he agreed to it, to prefer the inviolability of the secret to his own justification; for the acceptance of a secret does not mean that one binds oneself to grave hardship for its preservation (see 2418). The thing to do would be to warn the guilty person to escape in time, and then to exculpate oneself by making known the truth.

2420. Lawfulness of Revealing a Secret Learned by Stealth or Force.--Is it lawful, in order to avert some great evil, to use or reveal against the interests or wishes of its owner a secret which one has learned by stealth (e.g., by spying, eavesdropping, wiretapping, unauthorized inspection of papers) or by force? Various answers are given to this question, but to us the following seems the best:

(a) if the stealth or force would not be unjust here and now, because the owner of the secret has a duty to disclose it (e.g., on account of the public good, on account of the extreme need of a private person), or the other party has a right to seek after it (e.g., because he cannot otherwise defend himself against the unjust vexation of the owner of the secret), the answer is in the affirmative; for in such a case there is only applied the principle of lawful occupation or of lawful self-defense (see 1920 sqq., 1819). But if the stealth or force is excessive in its manner or productive of unnecessary harm, it is sinful and induces the duty of restitution, nor is there any right to make such use or such revelation of a secret as is sinful in itself (e.g., on account of calumnies, scandals, disorders);

(b) if the stealth or force would be unjust here and now, the answer is in the negative; for in such a case there is real theft of a secret, a person’s most intimate possession, and a continuation of the original injury by the use of the stolen property against its owner, or at least an unlawful conversion of property. Hence, if there is no grave or proportionate reason for the use of the secret, or if other and simpler methods can be employed, the secret may not be used. Those who play the detective ostensibly for other reasons but really for purposes of blackmail or other personal advantage, are therefore in the same class as thieves and are bound to restitution; their sin is per se mortal, for secrets are usually esteemed more highly than money, and it would be seriously detrimental to the public weal if the practice of using secrets unlawfully obtained (e.g., by secretly taking down privileged communications or state secrets) were permissible.

2421. The Virtues of Affability and Liberality.--These two virtues, though they are not so important as those that preceded, are still most useful to human life (see 2143). Affability (friendliness, politeness) is a virtue which inclines a person to show himself in serious matters properly agreeable to others in order thus to fulfill a duty to society.

(a) Affability has for its object to be agreeable to others, that is, in looks, manner, words and deeds to treat them with kindness and consideration, and so to give them pleasure. Affability is more than mere civility, which avoids rudeness and observes necessary proprieties, but does not manifest a gracious spirit. The gentleman, according to Cardinal Newman (“Idea of a University,” Discourse viii, 10), is one who does not inflict pain and whose great concern is to make others at their ease and at home. The true gentleman is considerate for all his company, guards against unseasonable allusions or topics, is seldom prominent in conversation and never wearisome, makes light of his own favors, never speaks of himself except when compelled, avoids personalities and insinuations of evil, and is indulgent towards opponents.

(b) Affability is as agreeable as is becoming, or proper; that is, it observes the golden mean, attending to moderation and circumstances, suiting its deportment to the time, place, occasion, and persons and observing the recognized laws of etiquette for social, official, business, religious, domestic and other relations. Indeed, there are times when affability should not be shown, as when it is necessary to display severity and displeasure, or even to sadden others, for the sake of some higher good (II Cor., vii. 8, 9).

(c) Its purpose is to fulfill a social duty. Without affability the ways of life are made rougher and more difficult for all, and therefore, since man is a social being, it becomes obligatory that each one should so conduct himself towards others as to avoid the displeasing and to cultivate the pleasing. Thus, affability is less than friendship (see 1110), since it does not include special benevolence and is shown to friend and foe alike; but it is more than polish, for it consists not merely in external good manners but chiefly in an internal sense of responsibility to society and of deference to its requirements. Affability is at its best, however, when prompted by friendship and Christian charity. A modicum of courtesy, if accompanied by sincerity and goodness of heart, is more appreciated than profuse compliment and ceremony behind which there is little genuineness or little affection.

(d) Affability regulates conduct in serious matters, for the regulation of amusements or recreations pertain chiefly to modesty and falls under temperance rather than justice. Aristotle calls the virtue directive of games eutrapelia, which may also be called reasonable relaxation, urbanity, or pleasantness.

2422. Offices of Affability.--All, and especially the clergy, should practise courtesy, imitating St. Paul, who became all things to all men, in order to gain all to Christ (I Cor., ix. 22), and following his advice to be without offense to Jew or Gentile or to the Church of God (I Cor., x. 32). The offices of affability can be reduced to the negative and the positive, as follows: (a) the negative offices are the avoidance of excess (adulation) and defect (surliness); (b) the positive offices are the observance on special occasions of the appropriate forms and usages and on all occasions the exercise of a gentle and thoughtful regard for the feelings of others.

2423. The Sins against Affability.--(a) Adulation is the vice of those who in the effort to please others go beyond what is proper, of the complaisant man who aims to gratify by merely conventional or extravagant compliments, and of the flatterer who seeks to win favors for himself by expressions of fulsome admiration. Adulation is shown by exaggerated debasement of self (servility, obsequiousness), as well as by exaggerated exaltation of others (toadyism). The sin of adulation is not grave from its nature, being only an excessive will to please; but circumstances sometimes make it grave, such as its matter (e.g., when one compliments another’s sins, Is., v. 20), its effect (e.g., when the person flattered will be made proud), or its purpose (e.g., when the flatterer means to seduce the other person, Prov., xxvii. 6). Like to adulation in its exaggeration, but unlike it in manner, is the display of friendliness by offensive familiarity or boisterous conduct.

(b) Surliness is the sin of those who are ungracious in their manners, not because of hate or anger, but because of a desire to be unpleasant and to make others yield to themselves. The surly man is always ready to contradict or argue, he is hard to please, sensitive, sour in visage, gruff in words, and much given to complaint or sullen silence. Surliness is per se worse than adulation but not a mortal sin; for it is farther removed from affability than adulation, but does not necessarily inflict a severe wound on charity. But the smooth palaverer is usually a more dangerous character than the morose man (Ps. cxl. 5). Like to surliness is the boorishness of those who from cynicism or laziness despise refinement, or from greed neglect proper manners at table. But entirely different from surliness is that dignity which can be reserved without being distant or hard of approach, and that seriousness which can be grave or silent without being ungracious.

2424. Liberality.--Liberality is a virtue that moderates the love of riches and inclines one in ordinary affairs to bestow one’s own goods upon others willingly, when and as right reason may dictate.

(a) It moderates the love of riches; that is, it makes one value and esteem money at its true worth. In this respect it pertains at least improperly to temperance inasmuch as the love of money is a passion. Liberality is thus distinguished from mercy and beneficence. These virtues are open-handed from charity, and give because another is in need or is loved; liberality, on the contrary, may be without charity and its bounty may be shown even to those who are not in need or who are not liked, for it is free in using money precisely because it does not prize external things excessively.

(b) It inclines one to bestow one’s own possessions, or freely to communicate them. In this respect liberality is assigned to justice, since its object is external things as owed by a certain moral debt to others. Since liberality consists primarily in a generous inclination, even the poor may have this virtue; in fact, the poor oftentimes, being less wedded to money, are far more disposed to liberality than the rich.

(c) It functions in ordinary affairs, for there is a special virtue of magnificence that makes wealthy men spend money lavishly in enterprise of the greatest moment.

(d) The beneficiary of liberality is another, for no special virtue is needed to make one use money freely for one’s own needs or comfort.

(e) Liberality bestows gladly, but according to right reason, for there is no merit in unwilling gifts, and no virtue in gifts bestowed unsuitably as to time, place, purpose, person, quantity, quality, etc. Liberality, then, is not inconsistent with prudence about temporal affairs, that is, with economy which adapts expenditures to income, with thrift which puts something by for the future, and with frugality which spares unnecessary expenses on self, especially in the matter of luxuries (see 1681 sqq.).

2425. The Importance of Liberality.--(a) Liberality is not the greatest virtue. It is less than temperance, for temperance regulates the passions in reference to the body, while liberality regulates them in reference to externals; it is less than fortitude and justice, which serve the common good, whereas liberality regards individuals; it is less than the virtues that are concerned with divine things, for liberality has to do directly with temporals.

(b) Liberality is one of the most useful of virtues since it disposes one to use money well in the service of God and humanity, and gives one an influence that can be employed for good (Ecclus., xxxi. 28). According to Aristotle, the virtues that chiefly attract fame are first bravery, next justice, and then liberality. Moreover, this virtue of generosity is one of the surest indexes of internal religion and charity, as being the natural expression of devotion and benevolence (see 2185, 1211), while miserliness is a sign of coldness towards God and man.

2426. Vice of Avarice.--The vice which is opposed to liberality by defect in giving is avarice, which, properly speaking or as distinguished from theft and robbery, is an immoderate desire, love or delight entertained in respect to external corporal goods, such as lands or money.

(a) The Absolute Malice of Avarice.--This sin is per se venial, since it is only an excess in the love of a thing that is in itself indifferent and lawful; but it becomes mortal if the affection for money is so great that one is prepared to sacrifice grave obligations for its sake (e.g., to stay away from church rather than contribute to religion or the suffering poor). It is not merely carnal, since not concerned with bodily pleasure; nor merely spiritual, since riches are not a spiritual object; hence, it stands midway between spiritual and carnal vices.

(b) The Comparative Malice of Avarice.--In regard to deformity, avarice is not worse than other sins, but rather the contrary. The less the good to which a vice is opposed, the less the deprivation caused by the vice; and hence since external goods, to whose proper esteem avarice is opposed, are less important than divine or human goods, it follows that avarice is not so sinful as irreligion, homicide, theft, etc. In regard to shamefulness, however, avarice is worse than other sins. The less valuable the created good that a vice pursues, the more disgraceful the vice; and hence since the miser sets his heart on external things, which are the lowest of all goods, preferring them to goods of body and of soul (e.g., to health, education) and even to divine goods, he is rightly regarded as more contemptible than other sinners. Some forms of avarice, too, are more despicable than others. Thus, in some persons avarice shows itself in their fear to consume or expend for their own necessary uses (parsimony, penuriousness); in others it shows itself by an unwillingness to give to others (stinginess, niggardliness), or a willingness to live at the expense of others (sponging); finally, the most disgusting form of avarice is seen in those who cannot bear to part with their possessions either for their own sake or for the sake of others, and find their happiness in mere possession (miserliness). In regard to influence, avarice has a pre-eminence among sins that causes it to be numbered among the seven capital vices. A capital vice is one of the chief sources of evil attraction that produces other sins, and it is clear that immoderate love of riches is one of the most prolific of sins. All are drawn to happiness, and money seems to secure the requisites for happiness (Ecclus., x. 16); hence we see that for the sake of holding to money men become hard of heart (Matt., xxiii. 14; Luke, xvi. 21), for the sake of acquiring it they become carnal and restless in mind (Ecclus., xiv. 9; Matt., xiii. 22) and have recourse to deeds of violence (III Kings, xxi. 2), of deception (Acts, xxiv. 26), of perjury (Matt., xxviii. 12 sqq.), of fraud (Luke, xvi. 4 sqq.), and of treachery (Matt., xxvi. 15). Avarice is at the same time one of the most dangerous of sins, for it will lead a man to sell even his own soul (Ecclus., X. 10) and to commit any enormity (I Tim., vi. 9), and one of the most incurable, for the miser never has enough (Prov., xxx. 15, 16) and is always able to make believe that his avarice is prudence or some other virtue (Wis., xv. 12).

2427. Vice of Prodigality.--The vice opposed to liberality by excess in giving is prodigality, which is an insufficient regard for temporal things and an extravagant bestowal of them on others.

(a) It is an insufficient care for temporal things: that is, as the miser loves money too much, so the prodigal esteems it too little; as the miser is over-anxious to get and keep money, so the prodigal is careless about earning or saving.

(b) It is an extravagant bestowal of temporal things; that is, the prodigal gives more than he should, or else the circumstances do not call for his gift, as when he gives when or where or to whom he should not give.

2428. The Sinfulness of Prodigality.--(a) From its nature it is venial. The prodigal is not the absolute owner of his goods, but a steward who is held to administer them according to reason. But his sin is not grave, since it does not injure others and the goods of which he deprives himself are of the lowest kind.

(b) From its circumstances it may be mortal. Thus, it is made mortal on account of the purpose (e.g., extravagant presents made with a view to seduction or bribery), or the consequences (e.g., wastefulness which makes one unable to pay debts or assist a relative who is in grave need), or the special obligation of devoting superfluities to charity, as when one squanders the excess revenues of a benefice (see 1252).

2429. Comparison of Avarice and Prodigality.--(a) They are associable, for the same person may be both avaricious and prodigal, though in different respects (e.g., some persons are spendthrifts in giving money away, and are thus forced to be grasping to get money and ready to obtain it by any means, foul or fair). (b) They are unequal in malice. Prodigality is less sinful than avarice, because it is less removed from liberality, less harmful to self and others, and less difficult to cure. It is said that prodigality is the vice of youth, avarice the vice of old age.

2430. The Virtue of Equity.--The virtues that have been so far treated in the present Article are forms of particular justice, and they have the status of adjuncts or potential parts. We shall conclude the list of virtues grouped with justice by discussing equity, which belongs to general (legal) justice and has the rank of a subjective part (see above, 1635, 1636, 1745, 1701, 1704).

2431. Definition of Equity.--In law, equity is any court system of extraordinary justice in which the standard is natural honesty as declared by the conscience of the judge or by a body of rules and procedures that supplement or override the usual rules and procedures where these are too narrow or limited. Thus, in England and in the United States courts of equity are those that take care of defined special cases for which there is no remedy in the usual or common law courts (Robinson, Elementary Law, Sec.348). But as here taken equity is a moral virtue, and is of two kinds, particular equity which pertains to particular justice (natural equity) and general equity which belongs to legal justice (legal equity).

(a) Natural equity is a moral virtue that inclines one not to insist unnecessarily on one’s strict or legal rights when to do so will be unpleasant or burdensome to others. It is exemplified in the acts of an employer who freely grants a bonus to deserving employees in addition to the wage promised, and of a creditor who grants an extension of time to a hard-pressed debtor. This virtue partakes of both charity and justice; of charity, since it tempers justice with mercy; of justice, since it is really identical with the virtue of affability or friendliness mentioned above (2421). Its obligation as an act of justice is not grave, since the debt is not of a rigorous kind.

(b) Legal equity is a moral virtue that inclines one to justice beyond the common laws, or it is a correction of the law in that wherein the law by reason of its universality is manifestly deficient. The law is said to be deficient here when its application in a particular case would be prejudicial to the supreme purpose of law (i.e., to the common good or to equal justice). Some precepts of the natural law (e.g., the prohibitions against lying and adultery) cannot be deficient in this way and need no supervising equity. But other precepts of natural law, according to some (e.g., the command that a deposit be returned to the depositor), and also precepts of positive law are found to be unsuitable in exceptional cases. The reason for this defect in a good law lies in the nature of the case; for these laws must be made in view of what happens in the majority of cases, and accordingly they are couched in general terms and permit of exceptions which the lawgiver himself would allow (see on Epieikeia, 411 sqq).

2432. The Greatness of Legal Equity.--(a) It is a distinct virtue, since it inclines the will to do good and avoid iniquity in a matter of special difficulty. It is not a transgression of law, since it upholds the spirit when the letter departs from the spirit, and prizes the lawgiver’s intention to do what is just and right above the lawgiver’s words.

(b) It is a subjective part of common justice, since all that is contained in the concept of justice belongs to equity. Thus, it differs from the potential and integral parts of justice so far treated in Articles 5 and 6.

(c) It pertains to the species, not of particular, but of general or legal justice; for equity extends to all the virtues and is concerned with the debt owed to the common good. Thus, per se its obligation is grave (see 1721).

(d) It is the higher part of legal justice. Just as prudence has two parts--good judgment (synesis), which settles ordinary cases of morals according to the usual rules of conduct, and acute judgment (gnome), which passes on moral problems that are out of the ordinary run--so legal justice has two acts, a lower which applies the law to usual cases, and a higher (equity) which applies more remote principles (viz., that the common good be not injured, nor injustice done) where the immediate principles of the law are clearly inadequate. Thus, if a madman demands from a depositary the return of his revolver in order to commit murder, the letter of the law would uphold the madman, but equity would decide against him; if the enemy are attacking a city and one cannot repel them except by disregarding an ordinance of the city, the law would forbid one to transgress the ordinance, while equity would command one to transgress it.

(e) Equity is, therefore, the noblest act of strict justice. For legal justice is preferred to particular justice (1703, 1715), and equity is the superior act of legal justice. In will and intention the common good and justice must take precedence over laws and statutes at all times; but in act the supreme ends of law are served, except in extraordinary cases, by obedience to law.

2433. The Complements of Justice.--To each of the various virtues correspond certain complements, namely, Gifts of the Holy Ghost, Fruits of the Holy Ghost, and Beatitudes (see 159).

(a) The Gift that corresponds to justice is piety, for, like justice, piety is exercised towards another, and moreover piety is the completion of the virtue of religion, the highest development of justice. This Gift is defined as “an infused habit that renders the soul well disposed towards God as its kind Father, and makes it quickly responsive to the Holy Spirit when He moves it to acts of filial affection towards God.” As the virtue of piety is shown to earthly fathers, so the Gift of Piety is shown to the Father in heaven: “You have received the spirit of adoption of sons, in which we cry: Abba, Father” (Rom., viii. 15). Religion honors God as Lord, piety as Father; filial fear reveres His majesty, piety His lovingkindness. And as a child tenderly loves all that belongs to a good father, so piety makes the soul rejoice and be glad in the things of God, in the Saints, the Scriptures, the practices of religion, and the like.

(b) The Beatitudes assigned here are the fourth (Blessed are they that hunger and thirst after justice, for they shall have their fill), which agrees with justice, and the fifth (Blessed are the merciful, for they shall obtain mercy), which is suitable for piety inasmuch as one who finds his love and joy in God as Father will be compassionate to the suffering creatures of God. Like justice, both of these Beatitudes are exercised in reference to the neighbor (see 164).

(c) The Fruits that seem most appropriate here are good will and kindness, which find a sweet joy in purposing and performing services for others. Like justice, these acts have reference to others (163); like piety, they see in their neighbors the children of the same heavenly Father. Thus, justice when alone is guided by prudence; it pays what is due to God as Lord, to man as neighbor; it acts perhaps with pain, but from a sense of duty. But when justice is supernaturally perfected, it is the Spirit of Piety which guides, and which makes one to see in God one’s Father and in man the child of God; even that which is not owed is given from mercy, and there is a hunger and thirst for justice; and in the payment of duty to others there is at last a joy found in the very difficulty itself.

2434. The Commandments of Justice.--The various precepts regarding justice are contained in the Decalogue. For justice consists in the fulfillment of duties towards others whether they be superiors, equals or inferiors. The Ten Commandments sum up these duties of justice; the first three prescribe the duties owed to God, the fourth the duties owed to human superiors, and the other six the obligations which man has to his equals or to all fellowmen.

2435. The order of the Commandments is most appropriate, for their purpose is to form man to virtue and to lead him to perfection, which consists in the love of God and neighbor (see 1118, 1553 sqq.), and they therefore outline first the service that is owed to God (Commandments of the First Table) and next the service that is owed to man (Commandments of the Second Table).

(a) The Commandments of the First Table lay the foundation of the edifice of justice, for they teach us that our first duty is to render to God the things that are God’s. We must avoid, therefore, the excess of superstition (Thou shalt not have strange gods before Me) and the defect of irreligiousness (Thou shalt not take the name of the Lord Thy God in vain); we must practise the virtue of religion (Remember thou keep holy the Sabbath Day).

(b) The Commandments of the Second Table begin with the duties owed to those to whom we are most bound after God, namely, parents, country, superiors (Honor thy father and thy mother). Next follow prohibitions against injuries done to any neighbor by deeds or words, whether the harm be to his person (Thou shalt not kill), or to those who are as one person with him (Thou shalt not commit adultery), or to a neighbor’s external corporal goods (Thou shalt not steal), or to his external incorporeal goods of fame and honor (Thou shalt not bear false witness against thy neighbor). Finally, there are prohibitions against thoughts or desires injurious to the neighbor, mention being made specially of those internal sins that are most common on account of the utility (Thou shalt not covet thy neighbor’s goods) or the pleasure (Thou shalt not covet thy neighbor’s wife) they afford.

2436. We shall not give here any special treatment of the Decalogue. Rather we refer the reader to the excellent explanations that are contained in Part III of The Catechism of the Council of Trent. Moreover, each of the Commandments has been treated in the present work, chiefly in the Articles on justice, and supplementary matter can be drawn from some others of its articles. For the sake of convenience, however, we give here a list of references, showing the passages of this Moral Theology in which the Commandments of the Decalogue are explained.

(a) Thus, for the First Commandment read on superstition (2274 sqq.) for the prohibitory part, on faith, hope and charity (746 sqq.) for the perceptive part.

(b) For the Second Commandment read on irreligiousness (2299) for the prohibitory part; on oaths, adjuration and praise (2245 sqq.) for the preceptive part.

(c) For the Third Commandment as to its natural precept, read on the virtue of religion (2145 sqq.); as to its positive precept, read on positive laws (340 sqq., 352, 425) and on the first Commandment of the Church (see 2575 sqq.).

(d) For the Fourth Commandment read on the virtues of piety, reverence, obedience and gratitude (2344 sqq.). Other matter will be found under charity (1158 sqq., 1211 sqq.) and under the duties of particular states.

(e) For the Fifth Commandment read on homicide, suicide, and bodily injury (1816-1871). Other matter will be found in the Articles on charity (1579 sqq., 1193 sqq.) and on affability (2421 sqq.).

(f) For the Sixth Commandment read on injustice (1719 sqq.), on restitution (1803), and on the virtue of temperance (2461 sqq.).

(g) For the Seventh Commandment read on commutative and distributive justice (1745 sqq.), on restitution (1751 sqq.), on injuries to property (1872-1938), on fraud (2121 sqq.), on liberality (2424 sqq.).

(h) For the Eighth Commandment read on judicial injustice (1939 sqq.), on unjust words (2009 Sqq.), and on truthfulness (2385 sqq.).

(i) For the Ninth and Tenth Commandments read on internal sins (230 sqq.), and on the malice of the internal act of sin (89-93).

Art. 7: THE VIRTUE OF FORTITUDE

(Summa Theologica, II-II, qq. 123-140.)

2437. The Virtue of Fortitude.--This virtue ranks next after justice and before temperance. Prudence has the greatest amount of goodness since it deals directly with reason, the essential good of man; justice is next because it realizes the dictates of reason in human affairs; the other virtues uphold the reign of reason against the rebellion of passion, fortitude repressing fear, the most powerful foe of reason, and temperance subduing pleasure, which is after fear the strongest of reason’s enemies (cfr. 157, 1627, 1688). Fortitude is nobler than temperance because more closely related to reason; it is the more difficult virtue, because it is harder to bear pain than to abstain from pleasure.

2438. Fortitude in General.--Fortitude (etymologically, strength, vigor, firmness) in general is a moral quality which makes a person unshaken from the right by danger or difficulty. It has various senses.

(a) It is used for a seeming virtue, which has the act but not the requisites (i.e., the knowledge and the free choice) of a moral virtue. Thus, some are brave from ignorance or want of reflection, because they do not realize the danger (e.g., intoxicated persons) or because habit makes them act without thought, or because many successes have rendered them over-sanguine; others are brave from compulsion, because cowardice is severely punished, or from passion, because they are beside themselves with pain, anger, desire, etc.

(b) It is used for an inchoate virtue or a natural fitness to withstand attack or encounter danger. Thus, some persons are so constituted physically that the thought of risk, pain, or death does not affect them strongly (fearlessness, intrepidity), or even attracts them (adventurousness). This kind of bodily bravery is a preparation or predisposition for moral courage.

(c) Fortitude is also the name of a general virtue or rather of a general condition which must be found in every virtue. For there is no virtue without firmness and persistence in good, as the name virtue (i.e., strength) indicates. Thus, a person who is weakly inclined to temperance and opposes no strong resistance to temptation cannot be said to possess the virtue of temperance.

(d) Finally, fortitude is the name of a special virtue which confers vigor and steadfastness in a special kind of trial, such as perils and pains which threaten or inflict severe evils. It is of this fortitude that we now speak.

2439. Definition of Fortitude.--Fortitude is defined as “a virtue which in the face of the greatest evils moderates the passions of fear and confidence within the bounds dictated by right reason.”

(a) The primary object of fortitude is the passions, or motions of the sensuous appetite through which the appetite is attracted or repelled by an object brought before it as good or evil, agreeable or disagreeable. Justice is concerned with operations, fortitude and temperance with passions (see 1709).

(b) The passions that chiefly fall within the scope of fortitude are fear and confidence; and thus it is set apart from temperance, which deals with the passions of pleasure. Fortitude has to do with that which is disagreeable to sense, temperance with that which is agreeable. Fear is a disturbance of soul produced by the imminence of an external evil that cannot be easily escaped; confidence is a feeling of self-reliance impelling one to face or attack a threatening evil.

(c) The function of fortitude is to moderate fear and confidence, or to keep them to the happy mean between excess and defect. The passions in themselves are not evil, but they need regulation (see 121, 122); and hence without fortitude one falls either into cowardice or rashness.

(d) Fortitude acts in the face of the greatest evils, that is, even when death itself, the greatest of corporal evils and the king of terrors, is at hand. Virtue is the act of a perfect man, and hence we do not ascribe fortitude to a man who is not brave except in reference to things that are fearful only slightly or not at all (such as having a tooth pulled or a finger lanced). The right regulation of fear springs, therefore, from different good qualities, according to the kinds of objects that inspire alarm: to fortitude in the strictest sense, if there is question of supreme natural evil (that is, death or its equivalent in deadly disease, mortal wound or torture); to fortitude in a wider sense, if there is question of lesser corporal evils (e.g., blows, wounds or mutilation that do not cause death); to some other virtue, if there is question of other kinds of evils (e.g., liberality regulates the fear of losing money).

(e) The motive of fortitude is conformity with right reason. The courageous person despises dangers because he wishes to hold fast to virtue and has for his last aim God and true beatitude. Fortitude is exercised, then, only when one is courageous in a good cause; the end of the work (finis operis), or at least the end of the agent (finis operantis), must be virtuous. The aim of bravery itself is virtuous when it is the common good (e.g., soldiers fighting in defense of country) or the good of a particular virtue (e.g., a judge contending for justice, a virgin for purity, a martyr for religion); the aim of the brave man is good when he performs an indifferent act for virtue’s sake (e.g., waits on another during pestilence because of friendship, goes on a perilous journey because of a pilgrimage). On the contrary, fortitude is not exercised if bravery has nothing to do with virtue (e.g., the imperturbability during sickness or shipwreck of a person who had resolved on suicide), or if it is opposed to virtue (e.g., the daring and coolness of a pirate, bandit, gunman or dueller); to risk ignoble death with bravado is not a virtue.

2440. The Two Acts of Fortitude.--(a) The moderation of fear is followed by endurance or firmness in the midst of danger, as in the case of the martyrs. This act in common speech is more especially designated “fortitude.” It is not accurate to speak of it as passive resistance or passive courage. By it, indeed, no external act is performed, but this is due to a most firm internal resolution and self-control, such as a refusal to accept defeat, surrender principles or make peace with wrong. Endurance to undergo is not the same thing, then, as stoical indifference or apathy.

(b) The moderation of confidence is followed, where circumstances call for it, by prudent attack or even, when discretion is the better part of valor, by retreat as in warriors. A truly brave man does not fear to be called a coward, and hence he will not advance when reason forbids nor hesitate to retire when reason commands. Brave endurance is a nobler act of fortitude than brave attack; for endurance struggles against superior strength, it feels the evil already present, and its fight is long and continuous, whereas attack is borne on by a sense of power, the object of dread is still in the distance, and its rush is quick and passing (Prov., xvi. 32). Hence, not all who are courageous in attack are courageous under attack. But both acts are noble, and each is necessary at its proper time.

2441. The Excellence of Fortitude.--(a) Its Rank.--Fortitude is one of the four principal or cardinal virtues. A principal virtue is one that exercises in the most difficult circumstances one of the four qualities that every moral virtue must have. These qualities are firmness (for every virtue is a habit or strongly rooted quality), rectitude (since a virtue inclines to the good as the right or obligatory), moderation (since a virtue is moral, or measured according to reason), and discretion (since good inclinations must be guided by true direction). Now, just as rectitude is most difficult, on account of self-love, in dealing with others, and moderation in governing the appetites, and discretion in ruling one’s own actions, so firmness is most difficult in the presence of the greatest dangers; and therefore with justice, temperance, and prudence must also be associated fortitude as one of the chief of all virtues. These four principal virtues are also called cardinal virtues (from cardo, a hinge), because the whole moral life of man hinges on them. Thus, though perils of death are comparatively rare, the occasions of such perils are common and one is constantly called on to exercise fortitude (e.g., to be prepared to incur mortal enmities rather than forsake justice, or purity, or religion).

(b) Its Utility.--Fortitude has a certain general utility, for it is found to be of advantage everywhere. Thus, brave men and just men are admired in peace as well as in war, whereas liberal men are serviceable only in certain matters (Aristotle). Fortitude is like a strong tower, or like an army that protects the other virtues, and there are continual demands for its exercise. The life of man is a warfare (Job, vii. 1), and a manly spirit is needed to struggle against the temptations, injuries, infirmities, and trials that threaten virtue. Without fortitude, then, no one can be saved, for the kingdom of heaven is captured only by the aggressive (Matt., xi. 12), and only those who fight shall receive the crown (II Tim., ii. 5).

2442. Martyrdom.--As judgment is the chief act of justice (see 1727), so martyrdom is the chief act of fortitude, and in a sense the most perfect of all acts. For martyrdom is defined as “the voluntary acceptance for the sake of God of a violent death inflicted out of hatred of virtue.” Martyrdom belongs to fortitude which produces it, to love of God which commands it (I Cor., xiii. 13), and to faith which attracts it. Merely as an act of courage, it is inferior to some other acts, since fortitude is not the highest virtue, and the goods for which martyrdom is undergone must be preferable to martyrdom itself. But in two ways martyrdom is the greatest act of virtue.

(a) Thus, internally it has charity for its end, and “greater love than this no man hath, that a man lay down his life for his friends” (John, xv. 13); it is the greatest sign of love of God.

(b) Externally it is a profession of faith in the superiority of the invisible and future to the visible and present goods, and no more efficacious proof of this faith can be given than martyrdom (Job, ii. 4; II Cor., iv. 11).

2443. Kinds of Martyrdom.--The word martyrdom is sometimes used loosely or less accurately, and hence we distinguish the following kinds of martyrdom:

(a) false martyrdom is death suffered in an evil cause, as when one dies for erroneous principles or doctrines (e.g., for anarchy), Martyrdom is testimony of blood given to the truth, not to error, and hence it is not the suffering but the cause that makes the martyr. Improper martyrdom is death suffered for some purely natural good, as when a person dies for the cause of science or of a political party, or in defense of natural truths about God but without a religious motive;

(b) true and proper martyrdom, which is not the virtue but the crown of martyrdom, is death inflicted on an infant out of hatred for Christ, as in the case of the Holy Innocents. This is baptism of blood for infants, as the virtue is for adults, supplying the place of baptism of water (Matt., x. 39);

(c) the virtue of martyrdom in the sight of God (theological martyrdom) is either in desire or in act. Martyrdom of desire, which is the wish to die for God, may have the same essential glory as martyrdom in act, but it lacks the accidental glory, since it does not really suffer the trial (see 89-93). Martyrdom in act, which is external suffering for justice’s sake, has three degrees: the lowest degree is suffering that lacks one or other of the essential conditions (see 2444) for supreme self-sacrifice (imperfect martyrdom), the higher degree has all the essential conditions (perfect martyrdom), while the highest degree has also the accidentals that are most suitable for martyrdom (complete martyrdom);

(d) the virtue of martyrdom in the sight of the Church (canonical martyrdom) is that which, in addition to the conditions for perfect martyrdom, possesses also external indications sufficient to prove their existence and character.

2444. Conditions for Martyrdom.--Since martyrdom is a virtue and the supreme testimony, it must have the following conditions:

(a) the cause of the martyrdom must be faith (e.g., persecution because the martyr is a Catholic), or some virtue containing a profession of faith, inasmuch as a divine good (e.g., chastity) or a human good (e.g., the truth of a science, the safety of one’s country) is defended for the sake of God;

(b) the persecutor must act from hatred of virtue, but it is not necessary that he be an unbeliever, or that he avow his hatred of virtue as the motive of persecution, or that he pronounce or execute the sentence of death himself;

(c) the martyr must accept martyrdom willingly (actual or virtual intention suffices, and perhaps also habitual); he must be free from guilt that provoked the sentence, and must be in the state of grace or at least repentant; he must die from a virtuous motive, not from vainglory, despair, or other sinful reason. Some make non-resistance a condition for what we called perfect martyrdom, while others make it a condition for what we called complete martyrdom; according to the former opinion the crusaders or other soldiers dying in a just war cannot be called martyrs of religion, but according to the second opinion they may be ranked with the martyrs;

(d) the punishment inflicted on the martyr must be death, either instant (as in decapitation) or delayed (as in gradual starvation, death by slow poisoning, mortal wounds, imprisonment or other hardship), Hence, those who are not put to death, but who are tortured, mutilated or imprisoned (e.g., St. John the Evangelist), are confessors of the faith, but only in an imperfect sense are they martyrs. Some believe that suffering is necessary for perfect martyrdom, and hence that those who are put to death painlessly are not, strictly speaking, martyrs; but others--and with better reason, it seems--deny this. Those who are not killed (e.g., persons who die from disease contracted while attending the sick or from austerities), or who are killed by themselves (e.g., the Circumcellions who thought to win martyrdom by suicide), are not martyrs (on the cases of Sts. Apollonia and Pelagia, see 1856).

2445. Practical Questions about Martyrdom.--(a) The Desire of Martyrdom.--A general desire for or the willingness to suffer martyrdom if the necessity should arise is required for salvation (I John, iii. 16; Rom., x. 10). Apart from necessity, a special desire of martyrdom is not of precept, since martyrdom is an act of perfection; but such a desire is of counsel, since it is encouraged by Christ (I Peter, ii. 21), and many Saints have prayed for martyrdom.

(b) The Choice of Martyrdom.--Regularly it is not lawful to offer oneself freely for martyrdom, for to do so gives the tyrant an occasion of committing injustice, and as a rule there are not sufficient reasons of public or private good for permitting his sin (see 103 sqq.). Exceptionally it is lawful, when there is no danger that one will be overcome and there are urgent reasons for the act, such as the glory of God or the peace of the faithful.

(c) Provocation of Martyrdom.--Regularly it is not lawful to bring on a persecution by aggression (e.g., by destroying idols), since generally this will make one guilty of complicity and presumption. But there are exceptional cases, when the good of souls demands attack on evils (Dan., xiv. 26; Matt., xiv. 3, 4). It is not provocation of persecution, however, to live virtuously (Tob., ii. 8, 9), or to reprove a persecutor after one has been apprehended (II Mach., viii. 15-17; Acts, vii. 51-54).

(d) Flight from Martyrdom.--Flight is sometimes sinful, sometimes obligatory, sometimes optional, according to circumstances, as was explained in 1005, 1006.

2446. Sins Opposed to Fortitude.--(a) Number.--The vices opposed to fortitude are four, two of excess and two of defect, according as fear and confidence are not regulated as to time, place, manner and other circumstances in the way of moderation. He who fears when or as he should not, is timorous (e.g., one who kills himself because he fears the hardships of life, one who neglects religion out of human respect); he who does not fear when or as he should, is insensible (e.g., one who exposes himself to peril of death for the sake of excitement). He who does not dare when or as he should, is cowardly (e.g., a superior who does not correct as he should); he who dares when or as he should not, is foolhardy (e.g., a superior who corrects when there is no chance of a good result).

(b) Malice.--These sins per se are venial, since excess or defect in emotions, which in themselves are indifferent, is not a serious disorder. But they become mortal if they lead to grave evil (e.g., if from fear of persecution one becomes a pagan), or to grave danger (e.g., if from foolhardiness one exposes oneself to death or mutilation). Insensibility and foolhardiness are caused by pride or vainglory, by contempt for life or for the strength of others. Timidity and cowardice diminish culpability, though they do not remove it.

2447. The Parts of Fortitude.--As has been said above, the parts of a virtue are subjective, integral and potential (see 1635, 1636).

(a) Fortitude has no subjective parts, for it is concerned with a very specialized matter, namely, the danger of death; and hence there is no room for differences of kind, although there are differences of degree (e.g., greater courage is needed to face an ignominious or cruel death than to face death amid applause or with little suffering).

(b) The integral parts of fortitude are those that are necessary for the perfect functioning of its offices in reference to major dangers (i.e., of death). Now, the first act of fortitude, namely, attack, requires greatness of soul (which makes one love the best things and despise all that is opposed to them) and greatness of deed (which makes one perform generously what was nobly willed). The second act of fortitude, namely, endurance, requires patience (that the soul be not thrown into dejection by difficulties) and steadfastness (that the soul be not turned aside from its purpose or wearied by long-continued opposition).

(c) The potential parts of fortitude are the four just named, but as exercised in reference to minor dangers.

2448. Greatness of Soul.--Greatness of soul or nobility (Latin, magnanimitas) is a virtue that inclines one to aspire after excellence in things most honorable, but to esteem and use honors themselves with moderation.

(a) The first act of this virtue is aspiration. It desires the higher manifestations of every virtue--the things that are more difficult and that befit a generous and elevated spirit, such as great austerity, great labor, great sacrifice, etc. Thus, it resembles fortitude, for both virtues are exercised in difficult circumstances.

(b) The second act of this virtue is moderation. It esteems honors at their true worth, for it is greatly concerned to possess the higher honors (i.e., good repute before God and godly men), knowing that these are solid and lasting, but it is less concerned about lower honors (i.e., the esteem and applause of the world), knowing that these are frail, fleeting, and common to good and bad alike. Hence, the great of soul are not elated in prosperity or dejected in adversity. This virtue here differs from fortitude, since fortitude is concerned with dangers, which are unpleasant, while greatness of soul is occupied with honors which are pleasant.

2449. Comparison between Greatness of Soul and Humility.--Greatness of soul and humility are different, but not contrary.

(a) Thus, greatness of soul makes one regard oneself as worthy of great things, when one is indeed worthy of them on account of gifts bestowed by God (Luke, i. 46). Hence, the great of soul put the good above the profitable, they do not busy themselves unduly about lesser things, they are slow to ask and quick to grant favors, they are not outdone in generosity, they are not subservient before the mighty, and they are familiar only with friends. But if they are truly great of soul, they are also humble, knowing that the good is from God, and that of themselves they are weak and sinful.

(b) Greatness of soul makes one regard oneself as superior to lower things, for it makes one loathe anything that would be unbecoming the gifts one has received from God. Hence, as St. Thomas says, the noble character does not flaunt his ideals, nor obtrude himself into places or offices of honor; he does not complain or remember injuries; he is not haughty with inferiors but gentle and considerate with all; in manner he is quiet and unhurried, speaks sincerely, and is not much given either to praise or to blame others. But though the noble person despises all that is petty, he is not proud; and hence he can see the good that is in others, and he reveres those who are superior to himself.

2450. Vices Opposed to Greatness of Soul by Excess.--The vices opposed to greatness of soul by excess are such as desire great deeds, or honors, or fame, when or where or how they should not be desired.

(a) Excessive desire of great deeds is presumption, which attempts to do greater things than one is able to perform (cfr. 1075 sqq.), This happens in conceited persons who overestimate their own abilities, taking on themselves offices for which they are incompetent or exercising powers for which they have no authority; also in vulgar persons who mistake their fortuitous advantages, such as wealth or influence or birth, for character and ability. Presumption is a mortal sin when its cause is a grave sin (e.g., lack of faith) or when its effects are very harmful (e.g., when one who is ignorant presumes to teach or practise medicine, when one who is morally frail presumes to enter occasions of sin). There is no sin if one attempts too much in good faith and from inculpable ignorance.

(b) Excessive desire of honors (see 2010, 2011, 2351) is ambition, or an inordinate hankering after distinctions and deference. The great of soul desire honors when these are due to their station or when there is a just reason, such as the glory of God or the advantage of the neighbor (Matt., v. 15, 16; Heb., v. 4). The ambitious, on the contrary, seek to be honored beyond their deserts (e.g., when an ignorant man longs for academic degrees, a tyrant wishes to be respected on account of his tyranny, an inferior man seeks to perpetuate himself in temporary elective offices, a rich man or athletic hero expects that he will be revered above those who are eminent for virtue or learning), or they seek honor for its own or their own sake, like the Pharisees who loved the first places at feasts and the first chairs in the synagogues, and salutations in the market place, and to be called by men Rabbi (Matt., xxiii. 7; cfr. I Tim., iii. 1 sqq.; Matt., xx. 25). This sin, being excessive desire of something indifferent, is not per se mortal; but it is made mortal either by a cause that is seriously sinful (e.g., if one’s whole life is but a mad chase for preferments) or by a result that is seriously harmful (e.g., if one commits or is ready to commit serious injustice or uncharitableness to win a coveted dignity). Ambition is cured chiefly by charity, for charity is not ambitious (I Cor., xiii. 5; cfr. Gal., v. 13).

(c) Excessive desire of praise or celebrity is vanity (see 2028, 2269). The great of soul desire the good opinion of their fellow-men (see 1575 sqq.), but they also desire that their good reputation be well founded, and their motive is the glory of God or the spiritual profit of man. The vain, on the contrary, are eager for admiration and praise for which there is no justification (e.g., those who wish to be praised for virtues they do not possess) or which are valueless (e.g., those who fish for compliments over things of no great importance, such as good looks or dress, or who wish to appear learned among the uneducated, or who crave notoriety), or seek admiration without a proper motive (e.g., those who advertise themselves for self-glorification alone). Vanity, like ambition, is per se only a venial sin, but it becomes mortal on account of its cause (e.g., when the motive is to conceal crimes that are planned), or its results (e.g., when the desire to be famous makes one boast of one’s crimes, or refuse to repair injuries done to others, or neglect the honor of God), or its matter (e.g., when one is vain about a reputation for skillful injustice). Vanity is one of the capital sins (see 268 sqq.), since it is one of the motives that chiefly lead men into sin; for all desire excellence, and in consequence the love of renown is one of the chief incentives to action. Even the ambitious crave honors because of the glory honors bring. The offspring of vanity includes the sins by which a man seeks unlawfully to show off his good points, or to prove that he is not inferior and thus capture popularity or glory. In the first class are the publication by word or deed of one’s own true or pretended exploits (boasting hypocrisy), the cultivation of novelties and eccentricities designed to attract attention (such as singularity in opinion, in pronunciation, in dress, etc.). In the latter class are sins of intellect which make one hold obstinately to one’s views (stubbornness), sins of will which make one resist desires of others (discord), sins of word which make one loudly dispute (contention), sins of deed which make one refuse to yield to authority (disobedience).

2451. Vice Opposed to Greatness of Soul by Defect.--The sin opposed to greatness of soul by defect is pusillanimity (littleness of soul), which does not desire great things when one should desire them.

(a) Pusillanimity is sinful, because it excludes nobility of soul, springs from a lazy ignorance of one’s own ability and worth and from a false fear of failure, and leads to the loss of great things that could be done for God and humanity. The Scriptures reprove Jonas, who fled from the great task set for him by God (Jonas, i. 1 sqq.), and the fearful servant who hid his talent in a napkin (Matt, xxv. 24 sqq.). Pusillanimity is not to be confused, therefore, with humility; for humility excludes the unreasonable or immoderate desire of excellence, whereas pusillanimity represses even that desire of greatness which is reasonable and moderate. Indeed, meanness of spirit may be associated with pride on account of obstinate refusal to take upon oneself what is commanded (Prov., xxvi. 16). Thus, Moses and Jeremias showed humility by their fears of unworthiness (Exod, iii. 11; Jerem., i. 6), but they would have sinned by pusillanimity, and also by pride, had they held out against God’s charge to them.

(b) Pusillanimity is per se a venial sin (see 2450), but it may become mortal on account of its matter or consequences, as when one is so self-depreciative as to neglect grave obligations of correcting abuses. It is essentially more evil than presumption, for it turns one away from things and pursuits that are noble, and is thus more opposed to greatness of soul; but radically presumption is more evil, as it springs from pride (Ecclus., xxxvii. 3). The dread of attempting great deeds or pursuits is sometimes no sin at all, as when it is due to inculpable ignorance of what one can do or what one deserves, or from a fear that overpowers judgment, or from bodily disease, or from a sense of inferiority caused by education, excessive repression and habit (Col., iii. 21).

2452. Greatness of Deed.--Greatness of deed is the execution of the great things to which one is inclined by greatness of soul.

(a) The virtue is a general one, if it includes every kind of noble performance; it is a special one, if restricted to princely generosity in the expenditure of large sums for great works (virtue of magnificence or munificence). The munificent person spends large sums from his purse in behalf of the worship of God (e.g., in building churches, monasteries, etc.), and for the common good (e.g., in founding schools, in endowing educational institutions, hospitals, etc.). This virtue resembles fortitude by the grandeur of its accomplishment; it falls short of fortitude, since it deals not with sacrifice of self but with sacrifice of goods. The Maecenases and the generous patrons of religion are among the greatest benefactors of humanity, for without them the best things would often languish for want of support.

(b) The vices opposed to this virtue are meanness by deficiency and vulgarity by excess. The mean man is unable to do things on a great scale, and prefers to ruin a noble work rather than make the proper outlay (e.g., after planning a beautiful church, he will spoil it by using cheap materials). The vulgar man, on the contrary, is avid for ostentation, or heavy expenditure when there is no call for it. He is liberal to works of less importance (e.g., his own usual personal needs or comforts), but penurious with works of great importance (e.g., charitable causes); or he lavishes money needlessly on great works, as when his residence is over-ornamented and offensive to good taste, or when his wedding breakfast is served with profuse extravagance and waste in order to make a display of wealth. Per se, these sins are venial, but they may be mortal on account of circumstances. Munificence is the virtue of the rich, but even the poor may have the merit of this virtue, by a good intention, especially when they show liberality to great enterprises according to their means.

2453. Patience.--Patience is a virtue which from the love of moderation so controls the sadness caused by present afflictions that this passion neither excessively disturbs the internal powers of the soul nor produces anything inordinate in the external conduct. Hence it differs from the following:

(a) from temperance, for, although temperance also regulates sadness, the sadness with which it deals is caused by lack of pleasures, while that with which patience deals is caused by the presence of evils, especially of those brought on by annoyances from others;

(b) from the endurance of fortitude, for fortitude regulates fear of death, while patience regulates sadness caused by evils of whatever nature, such as sickness, bereavements, loss of money, persecution;

(c) from longsuffering and constancy, for the matter of these virtues is a good which cannot be obtained except by long waiting or a good which must be continually exercised, whereas the matter of patience is an evil that has to be endured in the present. But since the delay of a desired good causes sadness (Prov., xiii. 12), and since continuance in good is irksome to the flesh, both longsuffering and constancy are included under patience.

2454. The Greatness of Patience.--(a) Its Rank.--Patience is less than the theological virtues, and also is inferior to prudence and justice, which perfect one in goodness; it is also less than fortitude and temperance, which preserve from the greatest impediments to goodness; for the office of patience is only to preserve one from lesser impediments, namely, the common adversities of life. But, on the other hand, patience is a part of fortitude--a potential part, because it does not connote the supreme heroism of fortitude, and an integral part, because courage in the face of death is bettered by the serenity which patience imparts.

(b) Its Necessity.--Patience is a most useful virtue. Without it one cannot long continue in the way of virtue on account of the many trials man encounters (Heb., x. 36), whereas with it the enemies of other virtues are destroyed; and hence it is called the root and guardian of virtue (cfr. Rom., v. 3, 4; James, i. 2-4; Luke, xxi. 19). But there are degrees of patience: the lowest is equanimity, which offends God neither in thought, word nor deed even though sorely tried (Job, ii. 7-10); a higher degree is submission, which prefers adversity to prosperity (Ps. cxviii. 71); the highest degree is joyful resignation, which smiles at grief and rejoices in tribulation (II Cor., xii. 10, vii. 4).

2455. The Vices Opposed to Patience.--(a) The sin of deficiency in sorrow is stolidity, which is a brutal insensibility that is moved neither by one’s own nor by others’ misfortunes. This is not a virtue, but an inhuman and unnatural way of life, which takes no account of man as a feeling as well as a reasoning being.

(b) The sin of excess in sorrow is impatience, which mourns excessively under afflictions, or in looks, words or deeds expresses a complaining and rebellious spirit (Prov. xiv. 17; Judith, viii. 24, 25). Stolidity and impatience are per se venial sins, but they become mortal per accidens on account of some circumstance, as when the unfeeling man gives great scandal by his hardhearted acts, or the impatient man blasphemes (see 2450, 2451).

2456. Steadfastness.--Steadfastness is a virtue which is so devoted to the goodness of continuing in the right that it is not fatigued by the length of time or the repeated effort required for a good work (virtue of persistence or perseverance), nor disheartened by the opposition which a good work encounters (virtue of manliness or constancy), but goes on unmoved until the conclusion which right reason calls for has been arrived at.

(a) The Virtue.--Steadfastness belongs to fortitude, since the essence of both is a struggle against difficulty; but steadfastness is the inferior, since it is nobler and more heroic to be undismayed by the peril of death than to be unconquered by strain of monotony or opposition. Steadfastness is a most important virtue, for it avails one little to begin a work well if it is not carried to a successful conclusion. Without it one puts hand to the plow but looks back (Luke, ix. 62), or begins to build but does not finish (Like, xiv. 30); with it the work begun is crowned, the harvest will be reaped (Gal., vi. 9, 10), and salvation secured (Matt., x. 22). Scripture abounds with exhortations to steadfastness (I Cor., xv. 58; Phil., iv. i; II Tim., iii. 13; Ecclus., xi. 21, 22, v. 12; John, viii. 31; Heb., xii. 7); but final perseverance is a special gift of God (I Peter, v. 10).

(b) The Opposite Vices.--Opposed to steadfastness by deficiency is the vice of effeminacy or weakness, by excess the vice of pertinacity. The effeminate person, lacking stamina to go on in a necessary good, surrenders to weariness or opposition by abandoning the undertaking or by taking up with evil (Matt., xi. 7, 8). The pertinacious person continues in the course he has begun when right reason bids him to discontinue, as when one has taken a vow and does not wish to accept the dispensation which a change of circumstances necessitates. These sins are venial unless they go counter to a grave duty, as when an effeminate person gives up the resolution to avoid a very dangerous occasion of sin, or the headstrong person determines to fast during the remainder of Lent when this will seriously injure his health.

2457. The Complements of Fortitude.--We shall now speak of the Gift, the Beatitude, and the Fruits that correspond to fortitude (see 159 and 2433).

(a) The Gift of Fortitude is an infused habit which makes the appetitive powers readily responsive to the encouragement of the Holy Spirit and filled with a courage that is more than human. Thus, the Gift of Fortitude supplies for what is wanting in the virtue of fortitude. The virtue is regulated by the rules and measure of human prudence, but the Gift is inspired by the presence and command of the Holy Spirit Himself (Ps. xliii. 4, xvii. 2, 3); the virtue strengthens the soul, but the Gift supports even the weakness of the flesh, for the Spirit helpeth our infirmity (Rom., viii. 26; cfr. Luke, xxii. 43); the virtue aids one against the perils of death, but the Gift strengthens in difficulties both of life and death, reinforcing not only courage but also the allied virtues, greatness of soul, munificence, patience and perseverance, for we can do all things in Him that strengthens us (Phil., iv. 13); the virtue gives firm resolution to adhere to the right in spite of death itself, but the Gift adds the unshaken confidence that one shall surmount every difficulty and win the crown of victory (Rom., viii. 31 sqq.).

(b) The Beatitude which is the special exercise of the Gift of Fortitude is the eighth: “Blessed are they that suffer persecution for justice’s sake, for theirs is the kingdom of heaven” (Matt, v 10). The Gift of Fortitude makes the persecuted feel a great confidence and security in the midst of the struggle, and this is a foretaste of the copious, exceeding and eternal reward that follows this Gift (Gen., xv. 1; Rom., viii. 18; II Cor., iv. 17; Ps. xciii. 19; II Cor., i, 1). Others assign to this Gift the Beatitudes of the meek and of those who hunger and thirst for holiness.

(c) The Fruits that are most appropriate here are patience in bearing evil and longsuffering in awaiting or performing good; for these are acts that add a finish of maturity to fortitude (see 2447, 2454, 2456), and in their most excellent state (see 2454) the performance of them is no longer bitter but sweet.

2458. The Commandments of Fortitude.--(a) Fortitude itself is commanded both in the Old and the New Testament. In the Old Testament are found precepts of bravery in bodily warfare, as in Deut. xx. 3: “Hear, O Israel, you join battle this day against your enemies. Let not your heart be dismayed, be not afraid, do not give back, fear ye them not.” The New Law commands courage before spiritual foes; “Your adversary the devil goeth about like a roaring lion, seeking whom he may devour, whom resist ye strong in faith” (I Peter, v. 8); “Resist the devil and he will fly from you” (James, iv. 7); “Fight the good fight” (I Tim., vi. 12). It also commands fortitude in the presence of corporal dangers: “Fear not them that kill the body, but cannot kill the soul” (Matt., x. 28).

(b) The annexed virtues are counselled when (as is the case with greatness of soul and munificence) they incline to the excellent and superabundant; they are commanded when (as in the case of patience and perseverance) they are necessitated by normal conditions of earthly existence. Greatness of soul is recommended in the invitations to be perfect (Matt., v. 48), to love God more ardently (see 1560) and to follow the counsels (see 364 sqq.), and in the praise bestowed on the excellent virtue of Noe (Gen., vi. 9), of John the Baptist (Matt., xi. 11), and of Mary Magdalene (Luke x. 42). Munificence is recommended in the eulogies of Solomon (Ecclus., xlvii. 20), of Magdalene (Mark, xiv. 9) and of Joseph of Arimathea (Luke, xxiii. 50 ff.). Patience is commanded in Luke, xxi. 19 (In patience possess your souls), and in Rom., xxii. 12 (Be patient in tribulation); perseverance in Ecclus., ii. 4 (In sorrow endure), in Matt., x. 22 (He that perseveres to the end shall be saved), in I Cor., xv. 58 (Be steadfast and unmovable) and in Heb. xxi. 7 (Persevere under discipline).

2459. Obligation of the Precepts of Fortitude and Annexed Virtues.--(a) The precepts of fortitude are negative or prohibitory, and therefore it is obligatory at all times to omit what they forbid (see 371). It is never lawful to be timorous, insensible, cowardly, or foolhardy--to do anything intrinsically wrong, even to escape death (see 317, 318). But it is not necessary to sacrifice life for the fulfillment of an affirmative precept, unless injury to God or the common safety, or an extreme spiritual loss to self will otherwise result (see 317, 818, 361).

(b) The precepts of patience and perseverance are also negative, and hence it is never lawful to be guilty of stolidity, impatience, effeminacy or stubbornness. But since patience and perseverance are not so difficult as fortitude, they have also affirmative precepts. These latter laws oblige always, but not for every occasion (see 371). Thus, one must be always willing to exercise patience, but one who is spared trials has not the occasion to exercise the virtue. Patience itself never ceases to be a virtue, but there is a pseudo-patience which consists in toleration of evils that should not be tolerated, and which is not a virtue but a kind of supineness or spinelessness that pertains to effeminacy rather than to patience.

2460. Subjects of Fortitude.--(a) Laws have universal extension, and hence it would not be true to say that active fortitude is a masculine, passive fortitude or patience a feminine virtue. But greater courage is expected in some than in others on account of greater strength (e.g., the adult, the physically well) or greater necessity (as in soldiers, policemen, firemen, pastors, physicians, rulers).

(b) The counsel of munificence, however, is only for the rich as regards exercise, since others have not the means wherewith to exercise this virtue.

Art. 8: THE VIRTUE OF TEMPERANCE

(Summa Theologica, II-II, qq. 141-170.)

2461. Definition of Temperance.--Temperance is a moral virtue which regulates according to reason the gratification of the lower pleasures and desires of sense.

(a) It moderates pleasure and desire, and in consequence also the sadness caused by the absence of pleasure. Just as a special virtue (fortitude) is needed to check the strongest of the repelled emotions (fear of death), so likewise a special virtue (temperance) is necessary to bridle the most vehement of the attracted emotions (pleasure and desire).

(b) It moderates sensible pleasure, that is, satisfactions derived from the use of the external senses--sight, hearing, smell, taste, and touch. Spiritual pleasures, which are derived from the loftier powers of intellect, will and imagination (e.g., from the study of theology, the reading of classical literature, the meeting of mother and child or of friend and friend), have no opposition to reason, except accidentally when a still higher activity which should be exercised is impeded by them. Some of these (such as the pleasures of the intellect) may be called purely spiritual, since they make little or no impression on the sensible appetite; others, on the contrary (such as the pleasures of the will), may be called mixed pleasures, since at times they vehemently excite the sensitive appetite and powerfully affect the body (e.g., mothers have been known to die of joy at the return of a child who was thought to be dead).

(c) Temperance moderates the lower sensible pleasures, that is, the satisfactions caused primarily by touch and taste, and secondarily by other senses, in the activities necessary for preservation of the individual (eating and drinking) and of the race (sexual intercourse). These passions are called the lower, animal, or carnal pleasures, since they are common to man and beast, and are strongly rebellious against reason. The special virtue of temperance is necessary, then, to make man follow reason, not Bacchus or Venus. The higher sensible pleasures, on the other hand, are produced by a sensible object, not on account of any relation to venereal or gustatory delight, but on account of a perfection in the object that makes it suitable to the sense (e.g., the enjoyment derived from beautiful scenery, classical music, fragrant roses, or downy or velvety cloth). The esthete or the connoisseur obtains from these agreeable sensations a pleasure unknown to the animals, and one that is not from its nature refractory to reason nor seductive to carnal excess. Hence, these higher sensual pleasures are not gross, but refined; they should be moderated by prudence, but they are not so dangerous as to demand a special virtue, like temperance, for their regulation. Neither should we class with carnal pleasures the joys of physical well-being, such as the refreshment of sleep, the exhilaration of a sea bath or of a massage, the comfort of a balmy breeze, the ease of strength, or the relaxation of exercise.

2462. The Rule of Moderation.--The rule of moderation which temperance imposes on the carnal appetites is this: “Indulge only as necessity requires and duty allows.” For pleasure is a means whose end is some reasonable need of life, and it is therefore a perversion to make pleasure an end by indulging it apart from need and duty (see 85). But necessity is to be understood broadly, so as to include not only the essentials, but also the conveniences of life (e.g., seasonings and desserts with food).

(a) As to venereal pleasures, then, the rule means that they should not be used outside matrimony, nor in matrimony except for the procreation of children and the other lawful ends of marriage.

(b) As to the pleasures of the table, they should not be indulged except for the benefit of mind and body, and in such manner, quantity, quality, etc., as this purpose requires. But one may regulate one’s food or drink by the higher purpose of mortification, and partake of less than the body demands here and now.

2463. The Excellence of Temperance.--(a) Temperance is among the four principal or cardinal virtues. It keeps in order one of the passions that is most natural and most necessary for the present life, and among the virtues it excels in the quality of moderation, since it chastens the inclination that is hardest to hold within bounds, and guards the senses, the gateways of the soul (see 2441). “Wisdom teaches temperance, prudence, justice and fortitude, than which there is nothing more useful in life” (Wis., viii. 7).

(b) In its nature temperance is not the chief but the least of the moral virtues. For justice and bravery are of greater service to the common welfare, and the good of the multitude, as Aristotle remarks, is more divine than the good of the individual. But in accidental respects temperance has a superiority; for it is more tender and graceful than fortitude, more arduous than justice, and there is perhaps no other virtue whose exercise is so constantly called for.

2464. The Vices Opposed to Temperance.--(a) The vice of deficiency has been called insensibility, and consists in an unreasonable dislike of the inferior sensible pleasures, which makes one unwilling to use them when and as reason commands. Thus, the Stoics and Manichees believed that material joys are intrinsically evil, and there have been fanatical advocates of teetotalism (e.g., the Aquarians) and of purity (e.g., the Puritans who would not permit a man to kiss his wife on Sunday, the prudish and censorious who fear or suspect evil without reason, the Pharisees who think they are defiled if a sinner speaks to them, the misogynists who disapprove of marriage). The sin is venial per se, since it does not submit to passion; but it may be mortal on account of some circumstance, as when the marriage debt is unjustly refused or necessary nourishment is not taken. This vice is rarer than its opposite, and it must not be confused with austerity, which for the sake of a spiritual good foregoes some lawful but unnecessary sensible enjoyment.

(b) The vice of excess is immoderation, which includes gluttony and impurity. This is the most disgraceful of sins, because the most unworthy of a rational being; it enslaves man to pleasures of which the lower animals are capable; unlike other vices, it contains in itself nothing of intelligence, industry, generosity, and nothing that would at all liken it to virtue. The lowest depths of degradation are reached when immoderation is brutish even in its manner, as when one is gluttonous of human flesh or desirous of sodomitic pleasure. Immoderation is called by Aristotle a “childish sin,” because, as a child is eager for pleasures and will follow them unduly unless instructed and trained, so also an immoderate person thinks only of his appetite, and will go from bad to worse unless he accepts the discipline of reason. But the child is excusable, while the immoderate man should know better. Immoderation is worse than timidity; for, while the former seeks selfish delight and acts with willing unrestraint, the latter seeks self-preservation and is under some external menace.

2465. The Parts of Temperance.--(a) The subjective parts or species of temperance are two, since there are two distinct objects of the virtue. These objects are the two delights of touch that are ruled by the virtue, namely, those associated with the nutritive and those associated with the generative function. The first subjective part of temperance includes abstemiousness as to food and sobriety as to drink; the second part includes chastity, as regards the principal sexual act (copulation), and decency or pudicity, as regards the secondary acts (kisses, touches, embraces, etc).

(b) The integral parts are also two, since there are two conditions for the perfect exercise of temperance. These conditions are the fear and avoidance of what is disgraceful (shamefacedness, reserve, or delicacy) and the love of what is honorable (virtue of propriety or refinement). Shamefacedness is a passion, but, as physical fearlessness is a disposition for moral courage, so is the fear of incurring reproach a preparation for virtue. Hence, this delicacy is a laudable passion, and is ascribed chiefly to temperance, whose opposite is chief among things disgraceful. Propriety is also assigned to temperance, because it is an attraction towards that which is spiritually good and beautiful, a habit most useful for temperance, which must subordinate the delightful to the good, the carnal to the spiritual.

(c) The potential parts of temperance are its minor or servant virtues. They resemble temperance inasmuch as their chief praise is in moderation, but they are inferior to it inasmuch as that which is moderated by them is less recalcitrant than the sexual or gustatory appetites. First among these potential parts are those whose task of moderating, while not of the greatest difficulty, is yet more than ordinarily difficult; and here we have continence, which calms a will agitated by immoderate passion, and meekness, which governs the passion of anger. Next among the potential parts are those whose task of moderating offers less or ordinary difficulty, because they keep in order matters less removed from reason. All the virtues of this second group are given the common name of modesty. They are reduced to four: humility and studiosity, which moderate the internal appetites of excellence and of learning respectively; modesty of bearing and modesty of living, which regulate respectively the external acts of the body and the external goods of food, drink, clothing, furnishings, etc.

2466. Abstemiousness.--Abstemiousness is a virtue that moderates according to reason the desire and enjoyment of the pleasures of the table.

(a) It is a special virtue, because the appetite it curbs is very powerful, and on account of the body’s need of nourishment is often tempted.

(b) It moderates by avoiding both defect and excess in meals as to time, place, quantity, quality, etc. There is not, then, one standard amount of food for all, since the needs and duties of all are not the same, and hence he who takes more or less than is normal or usual cannot from that alone be accused of being unabstemious. Neither is the mean for an individual so rigidly fixed as not to permit some latitude within certain limits. It should be noted here too that abstemiousness is not the same thing as abstinence. Thus, a person who is immoderately abstinent, denying himself the food necessary for life or for duty or for optional works better than his abstinence, is not abstemious, since he is not guided by prudence or obligation.

(c) It moderates according to reason; that is, it decides what is proper for an individual, not merely from the viewpoint of bodily health, vigor, and longevity, as is done by the arts of medicine and hygiene, but also and chiefly from the viewpoints of higher goods, such as mental power, control of passion, austerity.

(d) It moderates the pleasures of the table, that is, the desire for and actual enjoyment of food and non-intoxicating beverages. Moderation in intoxicants is the special virtue of sobriety, which will be discussed later. Hence, a person who drinks too much ginger ale or water, tea or coffee, sins against abstemiousness; he who drinks too much whisky, beer, or wine sins against sobriety.

2467. Degrees of Abstemiousness.--(a) The lower degree practises temperance, taking sufficient food and drink for the preservation, not only of life and health, but also of the very pink of physical condition, yet so as to avoid all excess.

(b) The higher degree practises austerity, taking less than is necessary for the best condition, or strength or comfort of the body, but sufficient for life and health. The austere person eats less than he could reasonably take, but not less than his health and work demand. The subtraction he makes in his food will more likely benefit his health in the long run and promote longevity, for, in the wise words of old Galen, “abstemiousness is the best medicine.” But even though this austerity be slightly detrimental to health, or may slightly abbreviate life, it is still lawful, since the higher goods of the mind and of virtue may always be secured at such reasonable sacrifice of corporal goods (see 1164 sqq., 1561 sqq.).

2468. Austerity.--The two chief forms of austerity in food and drink are fasting and abstinence.

(a) Nature.--The natural fast is the omission of all eating and drinking, or the omission to receive into the stomach anything whatever that has the nature of food, drink or medicine. The moral fast is the omission to take a certain quantity of food that could be taken without intemperance. Abstinence is the omission to take a certain quality of food, such as meat or eggs.

(b) Kinds.--Fast and abstinence are in respect to duration either perpetual (e.g., the abstinence from meat of the Carthusians) or temporary (e.g., the abstinence for Fridays and other appointed days of the faithful generally); either voluntary (e.g., a fast which one assumes under private vow) or obligatory (e.g., the fasts and abstinences prescribed in the general or particular laws of the Church). The ecclesiastical fast and abstinence will be spoken of later when we treat of the precepts of the Church and Holy Communion.

2469. The Excellence of Fasting and Abstinence.--(a) Lawfulness.--Fasting and abstinence are acts of virtue, for they subdue the unruly flesh, fit the mind for divine contemplation (Dan, x. 3 sqq.), satisfy for sins (Joel, ii. 12), and add weight to prayers (Tob., xii. 8; Judith, iv. 11; Matt., xvii. 20). The greatest men of the Old and New Testaments practised fasting--Moses, Samson, Elias, John the Baptist, and St. Paul. Our Lord Himself fasted forty days and forty nights (Matt, iv. 2). St. Paul, therefore, numbers fasting with other virtues: “In fastings, in knowledge, in chastity” (II Cor., vi. 5). Examples of abstinence are Daniel avoiding meat (Dan, i. 8 sqq.) and Eleazar who died rather than eat forbidden swine flesh (II Mach., vi. 18 sqq.). Abstention from solid or liquid nourishment is not a virtue, however, if practised from purely indifferent or evil motives, for example, merely in order to recover health through diet, or to train for an athletic contest, or to preserve shape and beauty, or to commit suicide, or to simulate virtue, or to profess false doctrines or if carried to extremes. The forty-day fasts of Moses, Elias and of Our Lord are for our admiration, but very few are able to imitate these examples.

(b) Obligation.--Fasting and abstinence in general are obligatory under natural law, because without them certain necessary ends cannot be obtained. They are remedies for past sins and preservatives against future sins; and, as sin is the common state of man (James, iii. 2; Gal., v. 17), it would be presumptuous to neglect these antidotes. Under the positive law fasting and abstinence have been prescribed in detail, and this was necessary since it is the duty of the Church to determine the time, manner and other circumstances of natural duties of religion which the natural law itself has not determined.

2470. The Sins Opposed to Abstemiousness.--(a) The sin of deficiency in the matter of food is self-starvation. This is the sin of those who are martyrs to fashion, who in order to have a frail figure follow a diet (e.g., denying oneself all substantial food to reduce obesity) that undermines their constitutions and leaves them a prey to disease. It is also the sin of those who from unwise zeal for rigorous fasting deprive themselves of the necessaries of life, or eat what their stomachs rebel against. This sin does not differ from suicide or bodily injury treated above (see 1566 sqq., 1857 sqq.). “It is the same thing to kill yourself by slow degrees as to kill yourself in a moment. And he who kills himself by fasting is like one who offers God a sacrifice from stolen property” (St. Jerome).

(b) The sin of excess in food is gluttony. There is no sin in desiring food or in taking food with satisfaction, for the Author of nature has willed that such an essential act as eating should be pleasurable, and it is a fact that digestion and health suffer when food is taken without appetite or a peaceful frame of mind. But the glutton goes to excess by the inordinate and unreasonable enjoyment he takes in feeding himself.

2471. Ways of Committing Gluttony.--There are many ways of committing gluttony, but they can all be reduced to two heads.

(a) Gluttony in food is excess in the substance, quantity, or quality of the things eaten. The gourmet is extremely fastidious about the substance of his food; he must have the most dainty or costly or rare viands, and nothing else will satisfy him. Cannibalism seems to be lawful in extreme necessity, but it is not lawful to kill human beings in order to eat them. The gorger or gourmand may not be particular about the kind of food that is given him, but he desires a large quantity, more than is good for him. The epicure is too hard to please as to quality; even when there is no festal occasion, he must have a great variety of foods and they must be most carefully prepared, so that he may get the utmost joy of the palate. We should not class among gluttons, however, those who require special foods or special cooking for a good reason, as when health or hard work forces one to observe a strict diet.

(b) Gluttony in eating is excess as to the time or manner of taking food. There is excess about the time when a person is over-eager about the dinner bell, eats before or oftener than he should, or lingers too long at table. There is excess about the manner when a person eats greedily, hurriedly, or selfishly, rushing at his food like a tiger, bolting it like a dog, or depriving others like a pig.

2472. The Sinfulness of Gluttony.--(a) Gluttony is a mortal sin when it is so serious as to turn man away from his end itself, making him prefer his appetite to God. Thus, those sin gravely who are such high livers that they are unable to pay their debts, to the serious detriment of creditors; or who gormandize so much that they can do little work and have to spend most of their time in exercising or taking cures; or whose heavy eating is the occasion of serious sins of anger, impurity, or neglect of religious or other duties. To all these apply the words of St. Paul (Phil., iii. 19): “Whose god is their belly.” To eat until one vomits seems to be a mortal sin, if the vomit is caused by the enormous quantity of food consumed, for such an act seems to be gravely opposed to reason; but there is no grave sin if the vomit is due to the quality of the food or the weakness of the stomach.

(b) Gluttony in itself is a venial sin since it is a disorder about the means, and not a turning away from the end. This happens when one is inordinately fond of gastronomic joys, but is not prepared to sacrifice grave duties for their sakes. Thus, a person who gives too much indulgence to a sweet tooth, or who likes to stuff himself now and then, but who doesn’t disable himself or give scandal by his weakness, sins venially.

2473. Gluttony as a Capital Sin.--(a) The first condition of a capital sin is that it be one of the main sources of evil attraction. This condition is verified of gluttony, for all seek happiness, and gluttony contains one of the ingredients of happiness, namely, pleasure in an unusual degree. Among all sensual delights those of the palate and stomach are admitted to be, along with those of sexual love, the most intense. The first of the three temptations with which Satan assailed Christ was that of gluttony (Matt., iv. 1-4).

(b) The second condition of a capital vice is that it be the final or motive cause of a large crop of sins. This condition is also verified in gluttony, since the greedy man is so in love with his pet vice that in order to pamper it he is ready to suffer various kinds of evils which he should not permit. Evils of soul that are caused by gluttony are: heaviness in the mind, for an overloaded stomach unfits the mind to reflect on higher things or to consider the duty of moderation in rejoicing, in words or in acts (Ecclus., ii. 3); absurd mirth in the will, a feeling of security and gladness and unrestraint, for the glutton thinks only of his present contentment and does not consider the evils of his sin; loquacity in word, for his mental faculties being dulled and his will hilarious the glutton gives free rein to his tongue, often sinning by detraction, betrayal of secrets, contumely, and blasphemy (Prov., X. 19); levity in act, for the glutton wishes to give vent to his animal spirits, and he does so by unbecoming jokes and clownishness. Evils of body due to gluttony are dirtiness and disease: the glutton is often filthy in his manner of eating, his breath is fetid, he is much occupied with natural necessities, excretion and exgurgitation, and he suffers from gout or indigestion or one of the numerous other maladies that are the price of overindulgence.

2474. Sobriety.--Sobriety in its strictest sense is a virtue that keeps one to the moderation of temperance in the liking for intoxicating liquors and in their use.

(a) Thus, sobriety is concerned with intoxicants, that is, with substances that produce a poisonous effect upon the nerves and brain. It is, therefore, a different virtue from abstemiousness, since it has to subdue a vice far more alluring and deleterious than gluttony. Alcohol has the same effect as a narcotic drug, for it benumbs both mind and body, sometimes to the point of insensibility, so that those who are under its influence are unable to think, speak or regulate their movements properly; but it gives a feeling of exhilaration and elevation and leaves behind it an insatiable craving, so that those who have once taken too much are very likely to repeat the act. Habitual intoxication breaks down both morals and health, and the toper goes to a disgraceful and early grave.

(b) Sobriety is concerned with liquors, that is, with beverages and medicines. But secondarily it also controls the appetite for narcotics, such as opium, chloroform, tobacco, and the desire to inhale strong liquors or vapors or gases which may produce intoxication.

2475. Obligation to Practise Sobriety.--Sobriety should be cultivated by all, but certain ones are more bound to it than others.

(a) Thus, on account of the greater physical evils of insobriety in their regard, the virtue should be especially cultivated by the young, the old, women, and persons of sedentary life. Young people are greatly harmed by too much alcohol, because it stunts their growth and affects them more seriously in mind and body than adults. The old have not the strength to throw off the poison of too much stimulation and are accordingly more injured. Women, being more excitable than men, are more easily affected by strong drink, and hence among the ancient Romans females abstained from wine. Finally, those who lead a sedentary or indoor life do not so easily get the poison out of their systems, and they feel the evil effects more than those who live out of doors or who engage in manual work. But there is no constitution, however iron it may be, that is not conquered in the end by alcoholism.

(b) On account of the greater spiritual ills that result from their insobriety, the virtue of soberness is more imperative in certain individuals. Thus, there are some who do greater spiritual harm to themselves by intoxication, for example, the young, whose passions are more easily inflamed, and females, who are more readily taken advantage of; and hence St. Paul recommends sobriety to women and young men particularly (I Tim., iii. 11; Tit., ii. 6). There are also some who do greater harm to others by intoxication, such as those who should instruct others (Tit., ii. 2), or who should give good example (I Tim., iii. 2), or who are rulers over the people (Prov., xxxi. 4).

2476. The Sins against Sobriety.--(a) The sin of excess may be called, for want of a special name, over-sobriety. It is committed by those who condemn all liking for or enjoyment of intoxicants as intrinsically evil (e.g., the Manichees, who said that wine was the gall of the devil); also by those who deny to themselves or others intoxicants when the use of them is necessary (e.g., the Encratites, who would allow only water for the Eucharist, or a fanatical teetotaler who would see a man die rather than give him a necessary dose of whisky).

(b) The sin of deficiency against sobriety is drunkenness, which is a voluntary and unjustified loss of the use of reason brought on by the consumption of too much intoxicating liquor. Drunkenness as a sin (active drunkenness), therefore, is to be distinguished from drunkenness as a condition (passive drunkenness). There is active drunkenness or the sin of drunkenness when intoxication is both voluntary and inexcusable; there is passive drunkenness or the mere state of drunkenness when one or the other of these two conditions is lacking. Usually those who sin by drunkenness seek the pleasure or forgetfulness which potations bring, but this is not essential, it seems, to the sin of inebriety; the malice of drunkenness is found not merely in the excessive pleasure, but especially in the subordination of spirit to the flesh and in the damage done to mind and body. Hence, a person who yields to the insistence of a banquet companion that he drink wine which is disgusting to him, is guilty of drunkenness if he takes too much.

2477. Cases of Mere Passive Drunkenness.--(a) Involuntary Drunkenness.--This occurs when there is invincible ignorance of fact (e.g., when an adult becomes intoxicated in good faith, because he had no reason to suspect that a cocktail or eggnog was very strong, or that his stomach was very weak), or of law (e.g., when a child gets drunk because he does not know that it is wrong to do so), or when there is lack of intention (e.g., when drink is forced on a person who does not want it).

(b) Excusable Drunkenness.--This occurs according to most theologians when there is a proportionately grave reason which justifies the evil of intoxication (see 103 sqq.). Such grave reasons are the saving of life (e.g., to escape death from snake bite), the cure of serious disease (e.g., cholera or influenza), the avoidance or mitigation of severe suffering (e.g., before a surgical operation, or after a very painful accident, or when there is no other means of helping a grave case of insomnia). In all these cases it is generally admitted that one may bring on unconsciousness by the use of anesthetics and sedatives (such as chloroform, ether, morphine, opium); and there is no reason why we should not view intoxicants also in the light of remedies which may be taken on the advice of physicians or other competent persons if other remedies cannot be had. Some theologians, however, refuse to excuse intoxication for any reason, since they regard drunkenness as intrinsically evil. In addition to the excuses just mentioned some also give that of escape from violent death, as when a burglar threatens to kill unless those present make themselves helpless by intoxication. But all agree that intoxication is not excused by ordinary advantages, such as escape from slight physical pain (e.g., toothache, seasickness), nor by the desire to avoid what can be avoided by other and more suitable means (e.g., worry about one’s troubles, an unpleasant meeting or conversation).

2478. The Morality of Total Abstinence.--(a) Obligation.--Per se, there is no obligation of abstaining from every or any kind of intoxicating beverage, either perpetually or temporarily, for food and drink were intended by God for the use of man and the moderate use of intoxicants, especially when the percentage of alcohol is light, is found by many to be a help to digestion, a refreshing stimulant, an excellent tonic and remedy. The example of Our Lord, who changed water into wine, who partook of wine at banquets, and who made wine one of the elements of the most sacred of rites, is proof that it is not sinful to drink strong liquors. This is also clearly taught in the Bible, which praises moderate drinking of wine (Ecclus., xxxi 36), recommends that a little be taken for a weak stomach (I Tim., v. 23), and declares that it is not what enters the mouth that defiles (Matt., xv. 2).

But, per accidens, there is an obligation of total abstinence when a greater good requires that one sacrifice intoxicants, whether the good be of self (e.g., when intoxicants are a serious danger to one’s health or morals, or when one is bound by vow or pledge to abstain from them) or of another (e.g., when the use of intoxicants gives serious scandal, Rom., xiv. 21). If the common safety is seriously imperilled through drunkenness, and obligatory abstinence can be enforced and will be the most reasonable method of correcting the evil, we can see no objection to prohibition laws. But whether these conditions exist in this or that particular place or case is a question of fact and has to be decided by impartial study.

(b) Lawfulness.--Per se, it is also permissible to abstain freely from all intoxicants, for the sake of some higher good (e.g., in order the better to apply the mind to studies, Ecclus., ii. 3), to silence calumnious tongues, to practise mortification, or to give good example. But, per accidens, it is not lawful to abstain when law (e.g., in the celebration of Mass) or necessity (e.g., a man dying from influenza who cannot be saved without whiskey) requires one to drink spirits. Examples of total abstinence are the Nazarites (Num., vi. 3), Samson (Judges, xiii. 7), Judith (Jud., xii. 2, 19), and John the Baptist (Luke, i. 15).

2479. Degrees of the Sin of Drunkenness.--(a) The sin of perfect or complete drunkenness is a voluntary excess in intoxicants carried so far that one loses temporarily the use of reason. This does not mean that one must become insensible or fall in a stupor or be unable to walk or have delirium tremens (dead drunk), but only that one loses the mental power to direct oneself morally, even though one still retains enough judgment to direct oneself physically (e.g., to cross the street or ascend the stairs safely, or to find one’s own quarters without help). The indications of perfect drunkenness are that the intoxicated person no longer distinguishes between right and wrong, perpetrates evils he would abhor in his right senses (e.g., beats his wife, runs down a pedestrian, blasphemes, or provokes quarrels), and cannot remember on sobering up the chief things he said or did while drunk.

(b) The sin of imperfect or incomplete drunkenness is a voluntary excess in intoxicants carried so far that one is somewhat confused in mind, but does not lose the use of reason. Hence, a person who is physically impeded though not mentally incapable on account of drink, who staggers, speaks incoherently, or sees uncertainly, but who knows that he should not beat his wife, or kill, or blaspheme, or quarrel, etc., is imperfectly drunk. There are also circumstances that aggravate the evil of perfect or imperfect drunkenness. Thus, it is worse to be a toper or habitual drunkard than to be an occasional drunkard, and worse to go on a long spree than to be drunk only for an evening.

2480. Malice of the Sin of Drunkenness.--(a) Perfect drunkenness is a mortal sin, because it is a grave disorder to deprive oneself of moral judgment and thus expose oneself to the danger of perpetrating serious crimes and injuries. Moreover, it is a monstrous thing to despoil oneself unnecessarily of reason, the greatest natural good of man, and to make oneself for the time being a maniac, more like a beast than a human being. St. Paul declares that those who would put on Christ must put away drunkenness with other works of darkness (Rom., xiii. 13), and that drunkards shall not inherit the kingdom of God (Gal, v. 21). The opinion that perfect drunkenness is only venial if not habitual is now obsolete, and the opinion that perfect drunkenness is not mortal unless it lasts a considerable time (say, more than an hour) is commonly rejected; for the essential malice of drunkenness depends on its nature, not on its frequency or duration. A person who takes enough to make himself completely drunk and then escapes the consequences by artificial means (e.g., by using a drug or bringing on a vomit), does not sin mortally by drunkenness; but it seems that such a swinish person must sin mortally by reason of gluttony, injury to health, or scandal.

(b) Imperfect drunkenness is a venial sin, because the harm done is not considerable, for a tipsy man usually suffers nothing more than a slightly fuddled brain and some unsteadiness of body. Indeed, if wine or beer produces nothing more than a spirit of moderate hilarity and talkativeness, there is no sin.

Accidentally, imperfect drunkenness may be a mortal sin by reason of circumstances, as when the person who is intoxicated gives great scandal on account of his position or office, or when the motive is to inflame passion or to commit other serious sin, or when the drunkenness is constantly repeated, or when the drunkard seriously neglects his business, family, or religious duties, or does other grave harm in consequence of his love of the bottle. In fact, there may be grave sin when one is not intoxicated at all, but is only a tippler. For the habit of drinking alcoholic beverages frequently (e.g., a nip or dram of whisky several times a day) is, according to medical authority, more harmful to the system (alcoholism) than intoxication at long intervals, especially if the portion is generous and the drinker is young.

2481. Drunkenness Compared with Other Sins.--(a) It is not the worst of sins. Sins against the theological virtues are more wicked, since they offend against divine good, whereas drunkenness is against human good. Many sins against the moral virtues are worse, since they injure a greater human good; for example, it is more harmful to take away life than to suspend the use of reason.

(b) It is one of the most ruinous of sins in its consequences (see 2472, 2473): first, for society, since a large percentage of crime, insanity, destitution, and misery is due to intemperance; secondly, to religion, since indulgence in one sensual pleasure sharpens the appetite for others, while creating a distaste for spiritual things, for effort and self-sacrifice; thirdly, to the intellect, for strong drink steals away the mind and memory; fourthly, to the body, for drunkenness not only prostrates the nervous system at the moment and has most painful after-effects in bursting headaches and disabled stomach, but it also causes permanent disasters (to brain, heart, nerves, kidneys, and liver), weakens the resistance to disease and brings on an early death; fifthly, to goods of fortune, since drunkards squander their all for drink; sixthly, to posterity, since intemperate parents transmit constitutional weakness to their children.

2482. Responsibility of Drunkard for Sins Committed While Intoxicated.--(a) If the drunkenness is fully voluntary and culpable, he is responsible for all the sins he foresaw or should have foreseen; for then these sins are willed in their cause (see 94 sqq.). Hence one who is accustomed while under the influence of liquor to blaspheme, betray secrets, quarrel, etc., should confess that he committed them while drunk, or that he was prepared to commit them in getting drunk. Under similar conditions one who misses Mass because he was drunk is responsible for the omission; one who is too drunk to attend to a business appointment and thereby causes loss to another is held to restitution. But, if grave sins are foreseen only in a very confused way, generally they will be imputable only as venial in themselves.

(b) If the drunkenness is fully voluntary and culpable, but the sins that ensued were not foreseen and could not humanly have been foreseen, the drunkard is excused at least in part from the guilt of these sins. Hence, a person who gets drunk for the first time or who usually sleeps after getting drunk is not responsible for the bad language he uses, if the thought of profanity was farthest from his mind when he became drunk. But if this person was not completely drunk and had some realization of the malice and scandal of bad language, he is at least venially guilty of profanity and scandal.

(c) If the drunkenness was involuntary, the drunken person is excused entirely in case of complete drunkenness; he is excused partially in case of incomplete drunkenness that did not exclude some realization of the sinfulness of what he said or did while intoxicated (see Canon 2201, Sec.3). In the civil law drunkenness is not held to be an excuse for a criminal act, but it may negative a specific intent (Robinson, Elements of Law, Sec.Sec.471, 525, 531).

2483. Material Cooperation in the Sin of Drunkenness--(a) If there is no grave reason for the cooperation, it is illicit. Mere hospitality is not a sufficient reason for furnishing a table with a great supply of strong drinks when some of the guests are dipsomaniacs, and mere good fellowship does not justify one who has been treated to order another round of treats if some of the drinkers are already inebriated. Parents or others in authority who get drunk before their subjects are guilty of scandal; those who encourage drunkenness are guilty of seduction; those who supply others with drink in order that these may become drunkards are guilty of formal cooperation.

(b) If there is a grave reason for cooperation, it is not illicit (1515 sqq., 1538 sqq.). Whether it is lawful to persuade another to get sinfully drunk in order to keep him from the commission of a greater evil (e.g., homicide or sacrilege), is a disputed question (see 1502).

2484. Is it lawful to make another person drunk when he will be guiltless of sin, and there is a grave reason?

(a) According to one opinion this is not lawful, because drunkenness, like impurity, is intrinsically evil and never permissible, since the end does not justify the means. Hence, just as it would be wrong to induce a drunken person to impurity, so it would also be wrong to intoxicate a child or an insane person (see 306).

(b) According to the common opinion, it is lawful to intoxicate oneself for a grave reason (see 2477 b), and hence also it is lawful to intoxicate another for a similar reason. Thus, if a criminal were about to blow up a building and destroy many lives, it would be permissible or even obligatory to put powerful intoxicants into his drink so as to make him helpless. If one were about to be roasted by cannibals and could escape by making the cannibals drunk, it would not be sinful to make them drunk.

2485. Licit Use of Narcotics.--There are a great many substances that produce the same effects on mind and body as intoxicating liquors, namely, the narcotic poisons, such as morphine, opium, chloroform, ether, or laughing gas. To them then will apply the principles given above in reference to strong drink. Thus, it would be a serious sin to make oneself insensible by using morphine, if there were no just reason; but it is lawful to take ether for an operation, gas when having a tooth pulled, morphine when it is ordered by a physician to relieve pain, etc. In his address of Feb. 24, 1957 to a symposium of the Italian Society of Anaesthesiology (The Pope Speaks, Summer, 1957, pp. 33 ff.) Pope Pius XII considered some special aspects of the use of drugs in the practice of analgesis. Among the questions submitted to him for consideration were the following:

1) Is there a general moral obligation to refuse analgesis and to accept physical pain in a spirit of faith? After indicating that in certain cases the acceptance of physical suffering is a matter of serious obligation, the Pope responded that there was no conflict with the spirit of faith to avoid pain by the use of narcotics. Pain can and does prevent the achievement of higher goods and interests and may licitly be avoided; obviously, too, the pain may be willingly accepted in fulfillment of the Christian duty of renunciation and of interior purification.

2) Is it lawful for the dying or the sick who are in danger of death to make use of narcotics when there are medical reasons for their use? The Pope responded; “Yes--provided that no other means exist, and if, in the given circumstances, that action does not prevent the carrying out of other moral and religious duties.” The duties referred to include settling important business, making a will, or going to confession. (Should a dying man refuse first to attend to these duties and persist in asking for narcotics, the doctor can administer the drugs without rendering himself guilty of formal co-operation in the fault committed, which results, not from the narcotics but from the immoral will of the patient.) Among the conditions and circumstances laid down for the licit use of narcotics in the case in question are the following: “if the dying person has received the last Sacraments, if medical reasons clearly suggest the use of anaesthesia, if in delivering the dose the permitted amount is not exceeded, if the intensity and duration of the treatment is carefully reckoned, and finally, if the patient consents to it, then there is no objection, the use of anaesthesia is morally permissible.”

3) Can narcotics be used even if the lessening of pain probably be accompanied by a shortening of life? The Pope responded that “every form of direct euthanasia, that is, the administration of a narcotic in order to produce or hasten death, is unlawful because in that case one presumes to dispose directly of life ... If between the narcotics and the shortening of life there exists no direct causal link, imposed either by the intention of the interested parties or by the nature of things (as would be the case if the suppression of the pain could be attained only by the shortening of life), and if, on the contrary, the administration of narcotics produces two distinct effects, one, the relief of pain and the other the shortening of life, then the action is lawful. However it must be determined whether there is a reasonable proportion between these two effects and whether the advantages of the one effect compensate for the disadvantages of the other. It is important also to ask oneself whether the present state of science does not make it possible for the same result to be obtained by other means. Finally, in the use of the narcotics, one should not go beyond the limits which are actually necessary.”

2486. The Virtue of Purity.--As abstemiousness and sobriety preside over the pleasures of the self-preservative instinct, so purity governs those that pertain to the species-preservative instinct. Purity is an inclusive name for the virtues of chastity and decency or pudicity, and its office is to regulate proximately the internal movements of the soul (thoughts and desires) and remotely the external words and acts that have to do with sexual delights.

(a) Chastity in its strictest sense is a virtue that moderates or chastens through reason venereal pleasure, chiefly as to its principal or consummated act (i.e., intercourse, semination) or as to its principal bodily centers (i.e., the genital organs). Hence, there is a twofold chastity, conjugal and celibate: conjugal chastity abstains from unnatural pleasure, and uses the natural reasonably in marriage; celibate chastity abstains from all venereal pleasure, as being unlawful in the single state.

(b) Decency (pudicitia) in its strictest sense is a virtue that moderates by the sense of shame venereal pleasure chiefly in its secondary or non-consummated external acts (e.g., looks, conversations, touches, embraces, kisses), which are related to the principal act as being an enticement to it, its preparation, or its external sign and accompaniment. The conjugal act, though lawful, occasions a feeling of shame, and the same is true of the non-consummated acts; but decency is especially concerned with these latter, because they are usually more openly performed than the consummated act. Decency means, then, that manifestations of carnal desire should be conducted with a sense that this desire arises from a lower and rebellious passion, removed in itself farthest from reason, and not more suited for unrestrained expression or public exhibition than other lower animal acts. The sense of shame and decency is a protection to the virtue of the unmarried and the married, restraining the former from the unlawful and holding the latter to moderation in the use of the lawful.

2487. Chastity and decency are not separate virtues; rather decency is a circumstance of chastity. (a) Thus, chastity moderates also the secondary acts, for reason must chastise the pleasure that is taken in these acts, if this passion is to be kept in due bounds, (b) Decency moderates also the primary act, for in the use of marriage there should be nothing unworthy, nothing to bring a blush of confusion.

2488. Virginity.--The highest form of chastity is virginity, which is a purity unblemished that retains the bloom of its original innocence. Conjugal chastity uses venereal pleasures moderately and virtuously; virginity abstains from them entirely and virtuously. Virginity is threefold.

(a) Virginity of body is freedom from corruption in the genitals, which means that a male has never had sexual intercourse, that the hymen of a female is inviolate. This physical purity belongs to the virtue of virginity accidentally, seeing that it is the result or indication of the virtue; but it does not belong to the virtue essentially, since virtue is in the soul, not in the body. Hence, one may be virginal in body without the virtue of virginity (e.g., a new-born infant), or vice versa (e.g., a woman vowed to virginity who has been raped).

(b) Virginity of the lower part of the soul (the passions) is freedom from venereal pleasure voluntarily experienced. Primarily, this refers to pleasure in consummated acts, secondarily to pleasure in non-consummated acts and internal acts of thought and desire. This kind of purity belongs to the virtue of virginity essentially, since sexual pleasures are the material element or subject-matter of virginity, whose office it is to exclude all indulgence of them. Hence, a person who has had even one voluntary experience of these satisfactions, lawful or gravely unlawful, has lost virginity permanently, though the virtue of chastity may remain or may be recovered. For virginity cannot continue when its subject-matter has been removed. It should be noted that involuntary pleasures, as in nocturnal pollution or in rape or in passive spermic discharges, are not detrimental to the virtue of virginity.

(c) Virginity of the higher part of the soul (the mind) is the intention to abstain from every venereal act in the future. This purity of soul also belongs to the virtue of virginity essentially, being its formal element, since acts of the sensitive appetites are made moral and virtuous only from the direction and influence of reason and will. Hence, one who has had no experience of voluntary carnal pleasure, but who intends to marry and use its rights or to act unchastely, has not in the first case the virtue of virginity, or in the second case the virtue of chastity.

2489. Loss of Virginity.--Physical or bodily virginity once lost can never be recovered, for this virginity means that a certain bodily action or passion has not occurred, whereas the loss means that such action or passion has occurred. Of course, a miracle could restore bodily integrity. But a more important question is this: is moral virginity, or the virtue of virginity, also irrecoverable?

(a) If the virtue has been lost as to its chief material element, it cannot be recovered. This material element (i.e., the absence of all voluntary seminal experience) cannot be restored, for even God cannot make what has been experienced a non-actuality. However, it should be noted once for all that loss of virginity does not necessarily imply loss of conjugal chastity, and that lost chastity may be recovered by repentance.

(b) If virginity has been lost as to its formal element, and the intention not to abstain was unlawful and naturally, though not actually, productive of semination (e.g., copulation of a completely aspermatic adult, or internal and intense libidinous sin from which accidentally pollution does not result), it seems that the virtue cannot be recovered. For in these cases the sinner wills, at least indirectly, the loss of the chief material element of virginity, and it seems repugnant to reason to ascribe the glory of virginity to one who has sinned in this way. Non expedit regulariter monere poenitentes de eorum virginitate irreparabiliter amissa, sed praestat quaerentibus respondere omnia peccata remitti de quibus contritio habeatur.

(c) If virginity has been lost as to its formal element and the intention not to abstain was lawful (e.g., a maid not under vow decided to marry and have children, but changed her mind and decided to remain single), or was unlawful but neither naturally nor actually productive of semination (e.g., external unchastity of a child incapable through impuberty of emissions, or internal and only mildly exciting unchastity of an adult), the virtue may be recovered, certainly in the first case and probably also in the second case. For the matter of virginity is certainly not taken away by the mere intention to have lawful venereal pleasure, nor probably even by pleasures that do not tend to semination. Recovery of virginity is made in the one case by the retractation of contrary intention and in the other case by repentance and renewal of good purpose.

2490. Conditions Necessary for the Virtue of Virginity.--(a) As to its manner, it seems more probable that this purpose must be expressed as a vow. The reason for this according to some is that virginity is a special virtue only because of the sacred character which religion gives it, and according to others also because of the unshakable renunciation which is conferred by a vow. But it is also held as probable that unvowed virginity may be called a lesser degree of the special virtue of virginity, At least, it is a higher degree of the virtue of chastity.

(b) As to its motive, virginity must be justified by an extrinsic reason. Chastity is justified by its own end, which is reasonable moderation. Virginity, on the contrary, is not self-justificatory, since in itself it is unfruitful and without advantage. Hence, it is not praiseworthy unless it serves some higher good than that of propagation, such as a good of the mind (e.g., Plato remained single for the sake of philosophy) or of the will (e.g., the New Testament recommends virginity for the sake of greater devotion to the things of God). Virginity that results from mere contempt for sensible pleasure would be an excess, and continence embraced merely to escape the burdens of marriage and to lead an easy, self-indulgent, irresponsible life would be selfishness; but virginity followed from an ideal of self-sacrifice which reason approves observes the golden mean (see Pius XII, Sacra Virginitas, March 25, 1954).

2491. The Excellence of Virginity.-(a) Virginity has the highest rank among the various forms of chastity. Every kind of chastity (pre-nuptial, conjugal, vidual) is of great importance, because to this virtue is entrusted the right propagation of the entire race and the moral and physical health of the individual in the most insistent of passions. The material reproduction of the race is indeed a more urgent need than virginity, since without it the human species would die out; and if there were danger of race extinction, it would be more imperative to marry than to remain continent. But if we confine our attention to the ordinary course of things and compare virginity and non-virginal chastity from the viewpoint of nobility, it must be said virginity is more valuable both to the community and to the individual than the other kinds of chastity. It is more valuable to the community, since the example of its excellence is a protection to public morals, and its permanence gives the opportunity for a more general and ready service of society. It is more valuable to the individual, since to be occupied with the things of God is better than to be engrossed in the things of the world, and the unmarried have the opportunity to devote more time with less distraction to higher things. Scripture affirms the superiority of virginity to marriage by its teaching (e.g., Our Lord in Matt., xix. 12, counsels virginity; St. Paul in I Cor., vii. 7 sqq., says that it is the better and more blessed state), by its examples (Our Lord, the Blessed Virgin, St. John the Baptist, St. John the Evangelist, and in the Old Dispensation Josue, Elias, Eliseus, Jeremias), and by its promised rewards (Apoc., xiv. 4). A popular philosophy of materialism today makes repressed sex-urges responsible for hysteria and other emotional disturbances, but experience proves that continence benefits both psychical and physical health.

(b) Virginity does not rank first among all the virtues. The theological virtues surpass it, being its goal; martyrdom and religious obedience are greater, because they sacrifice the superior goods of life and of the will. It may happen, then, that a person in the married state or a penitent (Luke, vii. 36 sqq.) is personally more holy than one dedicated to continence; a married person or penitent may surpass a virgin in faith, hope and charity, and may be therefore, simply speaking, more perfect.

2492. The Sin of Impurity.--This sin, which is also known as lust, is an inordinate desire of sexual pleasure.

(a) Its object is sexual pleasure, that is, the sense of physical enjoyment in the bodily organs or of psychical satisfaction in the lower appetites of the soul derived from acts related to generation. Hence, we should distinguish impurity from sensuality (which is an inordinate attachment to esthetic pleasure or other higher sense-pleasure), from luxury (which is an excessive desire of health and comfort), and from the vice called curiosity (which is an over-fondness for intellectual delights, see 2461). But it should be noted that sensual pleasure easily leads to venereal delight, and that intellectual curiosity about sex matters is dangerous, and hence this sensuality and curiosity may be, and frequently are, a temptation to impurity (see below on Temptations to Impurity).

(b) Impurity is in desire, for the passions in themselves are indifferent (see 121), and they become sinful only when their abuse is consented to by the will.

(c) Impurity is inordinate; that is, it takes pleasure against lhe dictate of reason. This happens when sexual gratifications are indulged by the unmarried, or by the married in unnatural ways. It is a perversion and a sin to cheat the stomach in order to gratify the palate, because God willed that the pleasure of eating should serve the nourishment of the body, or, as the proverb has it, because man does not live to eat, but eats to live. Now, sex pleasure has been ordained by God as an inducement to perform an act which has for its purpose the propagation and education of children, duties that cannot be rightly attended to except in the married state. Hence, those who seek venereal pleasure outside of matrimony, or outside the way intended by nature, act unreasonably, for they sacrifice the end for the means. Instinct guides the animal aright in these matters, but man is a nobler creature and must guide himself by religion and reason.

2493. Kinds of Impurity.--(a) Impurity is consummated when the act is continued to its natural conclusion and complete venereal satisfaction is had. This occurs in semination, which is the termination of the process set up by the impure thought and desire and the realization of its full pleasure. Semination occurs either in the process of coition, or in extracoitional issues known as “pollution.” Equivalent to semination, morally speaking, are other emissions or secretions that accompany complete or almost complete gratification, but in which the fluid is not prolific (e.g., the urethral emissions in boys who have not attained puberty or in eunuchs, the vaginal flow in women, urethral distillations). Consummated impurity is either natural (that is, suitable for reproduction, the end intended by nature), as in fornication or adultery, or unnatural (that is, not suited for reproduction), as in sodomy or pollution.

(b) Impurity is non-consummated when not carried to its natural conclusion of complete satisfaction and semination. There are two classes of the non-consummated sins, namely, the internal (as in thoughts and desires) and the external or lewdness (as in words, looks, kisses). This happens without carnal commotion (e.g., when a frigid old man thinks with mental pleasure only on the wild deeds of his youth), or with carnal commotion, that is, with an excitement and stimulation in the genital organs that prepares the way for semination.

2494. Gravity of the Sin of Impurity.--(a) Impurity is a mortal sin, because it is a disorder that affects a good of the highest importance (viz, the propagation of the race), and brings in its train public and private, moral and physical, evils of the most serious kind. Man has no more right to degrade his body by lust than he has to kill it by suicide, for God is the absolute Lord over the body and He severely forbids impurity of every kind. Those who do the works of the flesh, whether according to nature (e.g., fornicators and adulterers) or against nature (e.g., sodomites) or by unconsummated sin (e.g., the unclean, the impure), shall not obtain the kingdom of God (Gal., v. 19; I Cor., vi. 9 sqq.), nor have any inheritance with Christ (Eph., v. 5).

(b) Impurity is not the worst of sins, because sins against God (e.g., hatred of God, sacrilege) are more heinous than sins against created goods, and sins of malice are more inexcusable than sins of passion or frailty. But carnal sins are peculiarly disgraceful on account of their animality (see 2464 b, 224), and in a Christian they are a kind of profanation, since his body has been given to Christ in Baptism and the other Sacraments (I Cor., vi. 11-19).

(c) Impurity is one of the seven capital vices. The capital sins have a preeminence in evil, as the cardinal virtues have a superiority in good. The preeminence in evil is due, first, to some special attractiveness of a vice that makes it an end for the commission of other sins, which are used as means to it or are incurred for its sake; or, secondly, to a power and influence that is so strong as to hurry those under its sway into various kinds of sin. Now, impurity is a moral disease that ravages every part of the soul, its deadly effects appearing in the reason, the will and external speech; for the more one subjects oneself to the dominion of passion, the less fitted does one become for the higher and nobler things of life; and the more ignoble the inner life, the more vulgar, cheap and degrading will be the conversation.

Hence, the Fathers trace back to impurity the following sins of imprudence in the mind: wrong apprehension, about the end or purpose of life, and precipitancy in deliberation, thoughtlessness in decision, inconstancy in direction, in reference to the means to the end (see 1693 sqq.). They also trace to impurity the following sins in the will: as to the end, voluptuarism (which subordinates all to fleshly pleasure) and hatred of God (which abhors the Supreme Lawgiver who forbids and punishes lust); as to the means, love of the present and horror of the future life (since the carnal man revels in bodily pleasures and dreads the thought of death and judgment). Finally, they trace the following sins of the tongue to the vice of impurity: the subject of the lewd man’s talk is filthy, for out of the heart the mouth speaketh (Matt., xii. 34), the expression itself is foolish, since passion clouds his mind, the origin of his talk is emptiness of mind which shows itself in frivolous words, and his purpose is unsuitable amusement, which leads to farcical or vulgar jokes.

2495. Evil Fruits of Impurity.--In addition to these moral consequences, impurity is also prolific of many other evil fruits.

(a) Thus, for the sinner himself it is like a cruel goad that constantly annoys him and takes away his peace (St. Ambrose), like a sword that kills the nobler instincts (St. Gregory the Great), like a descent from human dignity to a condition below the beasts (St. Eusebius of Caesarea).

(b) For society it is disastrous in many ways, since it propagates dread mental and physical diseases, disrupts the peace of families, brings disgrace and destitution on innocent children, eats away fortunes and leads up to innumerable crimes of injustice and violence.

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