Faculty to Celebrate
Sacraments in Another Rite
Dr.
Mathew John Puthenparambil
Dr.
Mathew John Puthenparambil, a native of Rajapuram, Kerala, was ordained a
priest for the Diocese of Bijnor in 1998. He holds a Master’s degree in
Sociology and a Doctorate in Canon Law from Urban University in Rome. Having
served the diocese in various capacities, he now teaches both Eastern and Latin
Canon Law at several seminaries. Dr. Puthenparambil is currently a resident
staff member at St. Ephrem’s Theological College in Satna.
Abstract
According to the mind of the Church,
every priest must celebrate the sacraments within his own rite and is forbidden
from doing so in another rite without proper authorization. Priests of a
particular Church sui iuris are intended to serve that same
Church. Should a genuine need to work outside his rite arise, the priest is
required to obtain a Bi-ritual faculty directly from the Apostolic See to make
such a celebration lawful.
Five
keywords: Bi-ritual Faculty, Apostolic See, Rite, Pastoral Care, Minister
1. Introduction
Every
Catholic is obliged to know, preserve and faithfully practice the liturgical,
theological, spiritual and disciplinary heritage proper to their own Church
sui iuris-whether they are in their proper territory or abroad. The
Second Vatican Council teaches that, “All
Eastern Christians should know and be certain that they may and should always
preserve their own lawful liturgical rites and way of life” (OE
6).[1]
Clerics and religious have a serious obligation to preserve and observe their
own rite. The Code of Canons of the Eastern Churches says, “Other Clerics and members of institutes of
consecrated life are bound to observe faithfully their own rite and to acquire
always a greater knowledge and more complete practice of it” (CCEO
c. 40§2). One should love and respect his Church sui
iuris. He should love his Church more than anyone else and be ready to
celebrate the sacraments with love and joy according to the liturgical norms of
his Church sui iuris.
These
days, there is a tendency among priests to think that, when they celebrate the
sacraments - especially the Holy Eucharist - they should do so in the rite of
the people. We must understand that when sacraments are celebrated, we
cannot choose the rite of the faithful with whom we are celebrating; rather,
the priest must celebrate in his own rite only. There is no option for the
priest to choose between his own rite and that of the faithful. One should not
think that since sacraments are administered for the faithful, we must
celebrate in their rite. While celebrating the sacraments, the ministers and
all members of the faithful must show great reverence and due care. Liturgy
belongs to the Church, not to any individual’s personal taste or creativity.
Therefore, no one may on a personal initiative add to or omit or alter anything
given in the liturgical book (CIC c. 846 §1; CCEO c. 674 §1.
2. Celebrating Sacraments in His Own
Rite
Both Codes- the Code of Canons of the
Eastern Churches (CCEO) and the Code of Canon Law (CIC) - clearly
state that a minister can celebrate the sacraments only in his own rite. CIC
says, “The ministers are to celebrate
the sacraments according to their own rite” (CIC c. 846 §2). The CCEO
states, “The minister should celebrate
the sacraments according to the liturgical prescript of his own Church sui
iuris, unless the law establishes otherwise or he himself has obtained a
special faculty from the Apostolic See” (CCEO c. 674 §2).
This is a liturgical law and therefore
must be interpreted in the context of liturgy. The law speaks only about the
sacraments, not about sacramentals. The CCEO gives an exception - “unless the law establishes otherwise or he
himself has obtained a special faculty from the Apostolic See.” The CCEO
does not contain any canon that permits a minister to celebrate the sacraments
in another rite. Therefore, we must obtain a special faculty from the Apostolic See to celebrate sacraments
in a rite other than the rite of the minister.[2]
3. Indult from the Apostolic See
An
indult is a temporary favour granted by a competent superior. It may be a dispensation, a permission, a
faculty, etc.[3] This
is permission obtained from the Apostolic See is to celebrate the sacraments in
another rite. This authorization is understood as an administrative act which
removes a limitation placed by a juridical norm and accords the recipient with
the capacity to act legitimately. It may allow an action which a prohibitive
law otherwise forbids, or it may allow an action which a permissive law grants,
provided that this permission is obtained. In both cases, it grants the ability
to act according to the law.[4]
This can be called an Apostolic Indult
to celebrate the sacraments in another rite or a bi-ritual faculty.
This concession is reserved to the
Apostolic See. Therefore, the head of a Church sui iuris, eparchial
bishop or a major superior cannot grant this indult. They have no authority to
give this faculty. When there is a genuine need, we can approach the Apostolic
See for this faculty. There are so many priests from Eastern Churches and
Eastern rite Religious Institutes engaged in pastoral and missionary activities
in the Latin Dioceses in India as well as outside India. Surely, these priests
should obtain bi-ritual faculty from the Apostolic See. When a Latin Bishop
invites an Oriental priest to work in his diocese, it is the responsibility of
the oriental priest to obtain bi-ritual faculty.
The Dicastery for the Eastern Churches,
in its letter addressed to Cardinals and Bishops worldwide, Prot. N. 199/2024,
dated November 22, 2024, writes, “The
fact of reserving this special concession to the Apostolic See makes it clear
that ‘bi-ritualism for clerics represents an indult, justifiable when there are
real and manifest pastoral needs, not to satisfy devotions or personal
interests with regard to a particular liturgical tradition’.”[5]
The priority of every priest must be to serve his faithful by celebrating the
sacraments in his own rite.
The Dicastery for the Eastern Churches
is competent to grant bi-ritual faculty. In order to secure this faculty, the
cleric himself must submit the following documents to the Dicastery:
- A letter from the cleric requesting the bi-ritual
faculty for a single rite in addition to his own.
- A
letter of request from the Hierarch (Eparchial Bishop, Exarch, or other
equivalent in law) or Ordinary in whose circumscription the applicant will
exercise ministry in the rite other than his own. This letter must
contain:
a) The pastoral destination of the priest in the ecclesiastical circumscription.
b) The preparation of the priest to celebrate the rite for which the faculty is requested.
c) A statement from the community of the priest’s proper rite certifying that this ministry takes priority over that which he exercises on behalf of other faithful. - A letter of consent from the Ordinary or Hierarch of
the priest’s own rite.
The bi-ritual faculty is granted only
to individuals, not to groups of priests. It is never given permanently but
only for a maximum period of five years. It is not renewed automatically but
requires a new rescript from the Dicastery, submitted before the expiration of
the previous indult.[6]
However, obtaining a bi-ritual faculty
does not constitute insertion into the Church in which one has obtained the
faculty. A priest of an Eastern Church sui iuris cannot exercise his
ministry exclusively, or even predominantly, in the Latin Church.[7]
The only exception to this norm is when there is an abundance of priests in the
Eastern Church; after making an agreement for fidei donum service with a
Latin Ordinary, priests of the Eastern Church may be permitted to serve in a
Latin diocese for a maximum period of five years.[8]
If the faithful of the Eastern Churches
are entrusted to a Latin Bishop for pastoral care, he may request the head of
that particular Church sui iuris for priests to serve those faithful. If
the head of that Church sui iuris is unable to provide priests, the
Latin Ordinary may request the Dicastery for the Eastern Churches to grant the
bi-ritual faculty to one of the priests in his diocese to minister to the
Eastern faithful.[9]
The priest who receives the faculty should be given proper training in the
liturgy, theology, spirituality, and discipline of that Eastern Church.
It is the responsibility of the
diocesan/eparchial bishop to care for the faithful of another Church sui
iuris when they have no ordinary of their own and pastoral care is
entrusted to him.[10] The
territory of the Latin Church is not extended over all of India. The Latin
Church has no jurisdiction in the territory of nine Syro-Malabar mission
eparchies - Adilabad, Bijnor, Chanda, Gorakhpur, Jagdalpur, Rajkot, Sagar, Satna
and Ujjain.[11]
There are Latin faithful in all these eparchies, having migrated mainly from
Jharkhand and Chhattisgarh in search of better job. Latin Catholics are entrusted
to Syro-Malabar bishops for the pastoral care in these eparchies. It is the
responsibility of these Eparchial bishops to provide pastoral care for the
Latin faithful in the Latin rite (cf. CCEO c. 678§2). Preferably,
eparchial bishops should invite Latin priests from other Latin dioceses and
appoint them, after making a contract with their respective bishops, to care
for the Latin faithful. Eparchial
Bishops cannot ask Syro-Malabar priests to celebrate sacraments for Latin faithful
in Latin rite without a bi-ritual faculty. Bishops do not have the power
to grant bi-ritual faculties to priests. If an eparchial bishop thinks that his
own priest should care for the Latin faithful of his eparchy, he can request
the Dicastery for the Eastern Churches to grant the bi-ritual faculty to one of
his priests for this purpose.
4. Automatic Bi-ritual Faculty
There are hundreds of priests
incardinated into Latin dioceses from other Churches sui iuris,
especially from the Syro-Malabar Church. Likewise, there are priests
incardinated into some Eastern eparchies who originally belonged to the Latin
Church. The indult of the Apostolic See is necessary for the liceity of the
ordination of ministers belonging to another Church sui iuris and for
admission to the novitiate in an institute of consecrated life of another
Church sui iuris (CCEO c. 451).[12] This
permission is called Adaptation of Rite. It grants the faculty to conform to
the liturgical, theological, spiritual and disciplinary patrimony on another
Church sui iuris. The persons who
receive the indult do not change their ascription in their original Church but
rather maintain membership in the original Church.[13] By
the fact that candidates are ordained for another Church sui iuris with the indult of Adaptation of Rite,
they receive the faculty to celebrate the sacraments in the new rite. At the
same time, they can also celebrate sacraments in their original rite.[14]
It is to be obtained from the Dicastery for the Eastern Churches. The candidate and
the concerned Ordinary / Superior must write to request to Dicastery for the
Eastern Churches. The consent of the proper own Ordinary/Hierarch (if candidate
belongs to Eastern sui iuris Church),
the full name of the candidate, date of birth, place of residence and baptism
certificates are to be included in the documents.[15]
5. Occasional Celebration without
Faculty
We speak of the bi-ritual faculty as
the authorization to celebrate sacraments in another rite on a regular basis.
On the other hand, to celebrate sacraments occasionally-especially the divine
Eucharist - when visiting another Church sui iuris, the permission of
the Apostolic See may be presumed.[16]
6. Bi-ritual Faculty for Concelebration
We have already seen that a head of the
Church sui iuris, eparchial bishop or
major superior has no power to grant bi-ritual faculty to any priest. However,
the Code of Canons of the Eastern Churches has given a provision for priests to
concelebrate with priests of another Church sui iuris. The Code says, “For a just cause and with the permission of
the eparchial bishop, Bishops and presbyters of different Churches sui iuris
can concelebrate, especially to foster love and to manifest the unity of the
Churches. All follow the prescripts of the liturgical books of the principal
celebrant, avoiding any liturgical syncretism whatever, and preferably with all
wearing the liturgical vestments and insignia of their own Church sui iuris”
(CCEO c. 701). There is no parallel canon in the CIC. Eparchial
bishops can give this permission for a just cause. Just cause need not
be interpreted strictly; the reason does not have to be grave. It can simply be
aimed at promoting unity and a spirit of communion among the different Churches
sui iuris.[17]
For example, for the ordination of a bishop, priests from different Churches sui
iuris may concelebrate; or national/regional celebration, priests of
various rites may come together. On such occasions, permission from the
eparchial bishop can be presumed validly to concelebrate.
In such a concelebration, the principal
celebrant must follow the liturgical text of his own rite. All other
concelebrants follow the liturgy of the principal celebrant: The Code says, “… All follow the prescripts of the liturgical
books of the principal celebrant, avoiding any liturgical syncretism whatever…”(CCEO
c. 701). The canon prefers that all concelebrants wear the liturgical vestments
and insignia of their own Church sui iuris. The Code says, “…preferably with all wearing the liturgical
vestments and insignia of their own Church sui iuris” (CCEO
c. 701). This variety in the celebration of the Divine Eucharist - different
vestments and insignia while following the principal celebrant’s liturgy - is
an excellent expression of the communion theology of Vatican Council II.[18]
Liturgical insignia are visible signs of ecclesiastical office and ministry,
used during worship to manifest the order, hierarchy, and symbolism of the
Church.
7. Ordination by a Bishop of Another
Church sui iuris
A bishop of a particular Church sui
iuris, including the Latin Church, can ordain only those who belong to his
Church sui iuris. Merely having the bi-ritual faculty does not permit a
bishop to ordain anyone from another Church sui iuris.
A deacon may be incardinated into his
diocese, but if he belongs to another Church sui iuris, the bishop
cannot ordain him. A bishop of the Latin Church cannot licitly ordain a
candidate of an Eastern rite; in similar way, a bishop of an Eastern Church
cannot ordain a candidate of the Latin rite or any other Eastern Church
different from his own.
A candidate for the diaconate or
priesthood must be ordained by a bishop of his own Church sui iuris. For
example:
- A candidate who originally belongs to the Syro-Malabar
Church, even if he is studying for a Latin diocese, must be ordained by a
Syro-Malabar bishop.
- A candidate who belongs to the Latin Church but is
studying for a Syro-Malabar eparchy, even if domiciled in that eparchy,
must be ordained by a Latin bishop.
8. Obtaining Apostolic Indult to Ordain
A bishop can lawfully ordain a
candidate of another Church sui iuris only with an Apostolic Indult. “An eparchial bishop cannot ordain a
candidate subject to him who is ascribed to another Church sui iuris
without the permission of the Apostolic See; however, in the case of a
candidate who is ascribed to a particular Church and has a domicile or
quasi-domicile within the territorial boundaries of the same Church, the
patriarch can also grant this permission” (CCEO 748 §2). The CIC
gives a similar norm in can. 1015 §2. It says: “He (bishop) may
not, however, without an Apostolic Indult lawfully ordain a subject of an
oriental rite.”
If a bishop ordains a candidate without
an Apostolic Indult, the ordination will be valid but illicit. Even if a Latin
bishop is the proper bishop of the candidate because the candidate has domicile
in his diocese, the bishop must still obtain an Apostolic Indult to ordain him
if he belongs to an Oriental Church, and vice versa. This norm originates from
the Council of Trent and conforms to Vatican Council II, which urges respect
for the Eastern rites and the safeguarding of their traditions.[19]
A Latin bishop cannot ordain a
Syro-Malabar candidate even if that candidate was baptized in the Latin Church
by a Latin priest, according to the Latin liturgy, and grew up in the Latin
rite. The Code states, “The practice,
however long standing, of receiving the sacraments according to the rite of
another Church ‘sui iuris’, does not bring with it membership of that
Church” (CIC c. 112 §2; also cf. CCEO c. 38).[20]
Similarly, an Eastern bishop must obtain an Apostolic Indult to ordain a Latin
candidate studying for his eparchy.
However, if a Latin candidate is
ascribed to a Patriarchal/Major Archiepiscopal and has domicile or
quasi-domicile within the territorial boundaries of that Church, the patriarch
can grant permission (CCEO c. 748 §2). For example, a Syro-Malabar
bishop in India can obtain this indult from the Major Archbishop of the
Syro-Malabar Church to ordain a Latin candidate in India. Conversely, a Latin
bishop must obtain this indult from Apostolic See to ordain a Syro-Malabar
candidate. A bishop who is originally from the Syro-Malabar Church but serves
in a Latin diocese can ordain candidates of both the Latin and Syro-Malabar
Churches without any indult and vice versa.
9. Conclusion
A priest, by his ordination within a
particular Church sui iuris, has the sacred duty to celebrate the
sacraments according to the liturgical tradition of his own rite. This fidelity
is not merely an external observance but springs from a genuine love and
reverence for his Church, which has nourished his faith and vocation. Our rites
are treasures handed down from the Apostles through centuries of prayer,
discipline, and sacrifice; to neglect them risks diminishing the richness of
the Church’s diversity.
If I, as a priest, fail to celebrate
the sacraments in my own rite, who will preserve and hand on this heritage to
the faithful entrusted to me? At the same time, the Church, in her wisdom,
provides for pastoral situations where the faithful of another rite may need
sacramental care. In such cases, charity must be united with obedience: if
there is a genuine and proven need to celebrate the sacraments in another rite
in a stable manner, the proper path is to obtain the bi-ritual faculty from the
Apostolic See, thereby ensuring that pastoral needs are met while the unity and
integrity of each rite are fully respected.
[1] Cf. John D. Faris, Eastern Catholic Churches: Constitution and Governance, Saint Maron
Publications, New York, 1992, p. 446.
[2]
Cf. Victor J. Pospishil, Eastern Catholic
Church Law, Saint Maron Publications, New York,1996, p. 388.
[3]
Cf.
Augustine Mendonça, Commentary for the
Private Use of Students, St. Paul University, Ottawa, 2005, p. 14
[4]
Cf. Augustine Mendonça, Commentary for
the Private Use of Students, p. 130.
[5]
Cf. Dicastery for the Eastern Churches, Grants of Bi-ritualism,
Letter Addressed to Cardinals and Bishops, Prot. N.199/2024, Dated November 22,
2024, p. 1.
[6]
Cf. Dicastery for the Eastern Churches, Grants
of Bi-ritualism, p. 2.
[7]
Cf. Dicastery for the Eastern Churches,
Grants of Bi-ritualism, p. 2.
[8]
Cf. Dicastery for the Eastern Churches, Grants
of Bi-ritualism, p. 2.
[9]
Cf. Dicastery for the Eastern Churches, Grants
of Bi-ritualism, p. 2.
[11]
Cf. Mathew John Puthenparambil, Role of
the Laity in the Diocesan Curia: A Comparative Study of the Latin and the
Eastern Codes, Dharmaram Publications, Bangalore, 2015, p. 4. Except
Adilabad, all these eparchies were bifurcated from eight Latin dioceses and
Adilabad was bifurcated from the eparchy of Chanda.
[12]
Cf. Dicastery for the Eastern Churches, Grants of Bi-ritualism, p. 4.
[13]
Cf. Dicastery
for the Eastern Churches, Grants of
Bi-ritualism, p. 5.
[14]
Cf. Dicastery for the Eastern Churches, Grants
of Bi-ritualism, p. 4.
[15]
Cf. Dicastery
for the Eastern Churches, Grants of
Bi-ritualism, p. 5.
[16] The
author of this article made a request to the Apostolic See for bi-ritual
faculty to celebrate the Latin rite Mass when he visits Latin diocese. The
Apostolic See has given the reply dated 02 October 2014 in the following words:
“…. In fact, bi-ritual faculties are
intended for the cause of a priest who foresees the need to carry out regular
pastoral ministry in another rite for a specific period with the approval of
the relevant Bishop of that rite. When, on the other hand, celebrating in
another rite is an occasional matter, especially when concelebration is
concerned, the permission of the Holy See is to be presumed…”
[17]
Cf. Varghese Koluthara, “Concelebration of Bishops and Priests of Different
Churches Sui Iuris” in John D. FARIS and
Jobe Abbas, A Practical Commentary to the
Code of Canons of the Eastern Churches, Vol. 1, Wilson & Lafleur Ltee,
Chambly, 2019, p. 1266.
[18]
Cf. Varghese Koluthara, “Concelebration of Bishops and Priests of Different
Churches Sui Iuris,” p. 1267.
[19]
Cf. Dominic Le Tournean,
“Orders” in Angel Marzoa, Jorge Miras and Rafael Rodrigues-Ocana, Exegetical
Commentary on the Code of Canon Law, Vol. III/I, Wilson& Lafleur,
Montreal, 2004, p. 915; OE 105.
[20]
Cf. Dicastery for the Eastern Churches, Grants
of Bi-ritualism, p. 5.
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