Bogoslovska smotra, Vol. 89 No. 1, 2019.
Original scientific paper
The Faculty to Absolve from the Sin of Procured Abortion According to the Apostolic Letter Misericordia et Misera
Josip Šalković
orcid.org/0009-0004-6208-8121
; Catholic Faculty of Theology, University of Zagreb, Zagreb, Croatia
Ivan Rak
orcid.org/0000-0002-1697-1149
; Interdiocesan Tribunal of the First Instance in Zagreb, Zagreb, Croatia
Abstract
In this article the authors are commenting on canonical‑legal novelties and practical effects that occurred with the promulgation of the apostolic letter Misericordia et misera, in which Pope Francis proclaimed that henceforth he grants all priests, in virtue of their ministry, the faculty to absolve those who have committed the sin of procured abortion (see MeM 12). This decision changed the previous manner in which this faculty was granted. Until the beginning of the Extraordinary Jubilee of Divine Mercy on December 8, 2015, the faculty for absolving from the sin of procured abortion, that is, the censure of latae sententiate excommunication for procured abortion, was granted by the diocesan bishop to priests for the ministry they were engaged in, or by right or permission. From the beginning of the year of the Extraordinary Jubilee of Divine Mercy, Pope Francis, as the supreme shepherd of the universal Church, granted this faculty to all priests, first only during the Year of Mercy and after the end of the Extraordinary Jubilee of Divine Mercy, on November 20, 2016, the apostolic letter Misericordia et misera granted this faculty to all priests indefinitely (see MeM 12). This is a faculty that a confessor can exercise only in the internal sacramental forum. Canonical‑legal novelties and practical effects of this decision are manifested in the subject who grants this faculty and from henceforth this is the Roman Pontiff as the supreme head of the Catholic Church (see CCL, can. 331), which means that the diocesan bishop does not need to grant this faculty separately anymore (ss CCL, can. 137, § 1). Furthermore, a legal novelty is also manifested in the gesture to be nearer to the faithful who carry in their heart a severe scar because of taking part in the sin and punishable act of procured abortion, but who also regret it sincerely and seek absolution. The decision aims at a practical effect, i.e., to eliminate situations in which a believer comes to a priest and seeks absolution from the sin of procured abortion, but thepriest cannot grant it to him/her because he does not have the faculty to absolve from the latae sententiae punishment related to this sin. This might lead the penitent to distance himself/herself from God and His mercy, as well as from the Church.
Keywords
sacrament of reconciliation; confessor; faculty to confess; punishable act of procured abortion; absolution from censures; latae sententiae excommunication.
Hrčak ID:
219448
URI
Publication date:
19.4.2019.
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