MISERICORDIA DEI Norms on Penance

MISERICORDIA DEI Norms on Penance

Pope John Paul II                                                                               Full Document

The following norms were decreed by Pope John Paul II and issued "Motu Proprio", reflecting the highest level of papal interest and authority. They are excerpted from the Apostolic Letter "Misericordia Dei" of 7 April 2002. The sub-titles are added.

Thus, after consultation with the Congregation for the Doctrine of the Faith, the Congregation for Divine Worship and the Discipline of the Sacraments, and the Pontifical Council for Legislative Texts, and after hearing the views of venerable Brother Cardinals in charge of the dicasteries of the Roman Curia, and reaffirming Catholic doctrine on the Sacrament of Penance and Reconciliation as summarized in the Catechism of the Catholic Church, conscious of my pastoral responsibility and fully aware of the need for this Sacrament and of its enduring efficacy, I decree the following:

Individual Confession is the ordinary means

1. Ordinaries are to remind all the ministers of the Sacrament of Penance that the universal law of the Church, applying Catholic doctrine in this area, has established that:

a) "Individual and integral confession and absolution are the sole ordinary means by which the faithful, conscious of grave sin, are reconciled with God and the Church; only physical or moral impossibility excuses from such confession, in which case reconciliation can be obtained in other ways".

b) Therefore, "all those of whom it is required by virtue of their ministry in the care of souls are obliged to ensure that the confessions of the faithful entrusted to them are heard when they reasonably ask, and that they are given the opportunity to approach individual confession, on days and at times set down for their convenience".

Moreover, all priests with faculties to administer the Sacrament of Penance are always to show themselves wholeheartedly disposed to administer it whenever the faithful make a reasonable request.(14) An unwillingness to welcome the wounded sheep, and even to go out to them in order to bring them back into the fold, would be a sad sign of a lack of pastoral sensibility in those who, by priestly Ordination, must reflect the image of the Good Shepherd.

2. Local Ordinaries, and parish priests and rectors of churches and shrines, should periodically verify that the greatest possible provision is in fact being made for the faithful to confess their sins. It is particularly recommended that in places of worship confessors be visibly present at the advertised times, that these times be adapted to the real circumstances of penitents, and that confessions be especially available before Masses, and even during Mass if there are other priests available, in order to meet the needs of the faithful.

3. Since "the faithful are obliged to confess, according to kind and number, all grave sins committed after Baptism of which they are conscious after careful examination and which have not yet been directly remitted by the Church's power of the keys, nor acknowledged in individual confession", any practice which restricts confession to a generic accusation of sin or of only one or two sins judged to be more important is to be reproved. Indeed, in view of the fact that all the faithful are called to holiness, it is recommended that they confess venial sins also.

General Absolution must in fact be exceptional

4. In the light of and within the framework of the above norms, the absolution of a number of penitents at once without previous confession, as envisaged by Can. 961 of the Code of Canon Law, is to be correctly understood and administered. Such absolution is in fact "exceptional in character" and "cannot be imparted in a general manner unless:

1. the danger of death is imminent and there is not time for the priest or priests to hear the confessions of the individual penitents;

2. a grave necessity exists, that is, when in light of the number of penitents a supply of confessors is not readily available to hear the confessions of individuals in an appropriate way within an appropriate time, so that the penitents would be deprived of sacramental grace or Holy Communion for a long time through no fault of their own; it is not considered sufficient necessity if confessors cannot be readily available only because of the great number of penitents, as can occur on the occasion of some great feast or pilgrimage".

With reference to the case of grave necessity, the following clarification is made:

a) It refers to situations which are objectively exceptional, such as can occur in mission territories or in isolated communities of the faithful, where the priest can visit only once or very few times a year, or when war or weather conditions or similar factors permit.

b) The two conditions set down in the Canon to determine grave necessity are inseparable. Therefore, it is never just a question of whether individuals can have their confession heard "in an appropriate way" and "within an appropriate time" because of the shortage of priests; this must be combined with the fact that penitents would otherwise be forced to remain deprived of sacramental grace "for a long time", through no fault of their own. Therefore, account must be taken of the overall circumstances of the penitents and of the Diocese, in what refers to its pastoral organization and the possibility of the faithful having access to the Sacrament of Penance.

c) The first condition, the impossibility of hearing confessions "in an appropriate way" "within an appropriate time", refers only to the time reasonably required for the elements of a valid and worthy celebration of the Sacrament. It is not a question here of a more extended pastoral conversation, which can be left to more favorable circumstances. The reasonable and appropriate time within which confessions can be heard will depend upon the real possibilities of the confessor or confessors, and of the penitents themselves.

d) The second condition calls for a prudential judgment in order to assess how long penitents can be deprived of sacramental grace for there to be a true impossibility as described in Can. 960, presuming that there is no imminent danger of death. Such a judgment is not prudential if it distorts the sense of physical or moral impossibility, as would be the case, for example, if it was thought that a period of less than a month means remaining "for a long time" in such a state of privation.

e) It is not acceptable to contrive or to allow the contrivance of situations of apparent grave necessity, resulting from not administering the Sacrament in the ordinary way through a failure to implement the above mentioned norms, and still less because of penitents' preference for general absolution, as if this were a normal option equivalent to the two ordinary forms set out in the Ritual.

f) The large number of penitents gathered on the occasion of a great feast or pilgrimage, or for reasons of tourism or because of today's increased mobility of people, does not in itself constitute sufficient necessity.

5. Judgment as to whether there exist the conditions required by Can. 961 §1, 2 is not a matter for the confessor but for "the diocesan Bishop who can determine cases of such necessity in the light of criteria agreed upon with other members of the Episcopal Conference". These pastoral criteria must embody the pursuit of total fidelity, in the circumstances of their respective territories, to the fundamental criteria found in the universal discipline of the Church, which are themselves based upon the requirements deriving from the Sacrament of Penance itself as a divine institution.

6. Given the fundamental importance of full harmony among the Bishops' Conferences of the world in a matter so essential to the life of the Church, the various Conferences, observing Can. 455 § 2 of the Code of Canon Law, shall send as soon as possible to the Congregation for Divine Worship and the Discipline of the Sacraments the text of the norms which they intend to issue or update in the light of this Mote Propriety on the application of Can. 961. This will help to foster an ever greater communion among the Bishops of the Church as they encourage the faithful everywhere to draw abundantly from the fountains of divine mercy which flow unceasingly in the Sacrament of Reconciliation.

In this perspective of communion it will also be appropriate for Diocesan Bishops to inform their respective Bishops' Conferences whether or not cases of grave necessity have occurred in their jurisdictions. It will then be the task of each Conference to inform the above-mentioned Congregation about the real situation in their regions and about any changes subsequently taking place.

7. As regards the personal disposition of penitents, it should be reiterated that:

a) "For the faithful to avail themselves validly of sacramental absolution given to many at one time, it is required that they not only be suitably disposed but also at the same time intend to confess individually the serious sins which at present cannot be so confessed".

b) As far as possible, including cases of imminent danger of death, there should be a preliminary exhortation to the faithful "that each person take care to make an act of contrition".

c) It is clear that penitents living in a habitual state of serious sin and who do not intend to change their situation cannot validly receive absolution.

8. The obligation "to confess serious sins at least once a year" remains, and therefore "a person who has had serious sins remitted by general absolution is to approach individual confession as soon as there is an opportunity to do so before receiving another general absolution, unless a just cause intervenes".

9. Concerning the place and confessional for the celebration of the Sacrament, it should be remembered that:

a) "the proper place to hear sacramental confessions is a church or an oratory", though it remains clear that pastoral reasons can justify celebrating the Sacrament in other places.

b) confessionals are regulated by the norms issued by the respective Episcopal Conferences, who shall ensure that confessionals are located "in an open area" and have "a fixed grille", so as to permit the faithful and confessors themselves who may wish to make use of them to do so freely.

I decree that everything I have set down in this Apostolic Letter issued Motu Proprio shall have full and lasting force and be observed from this day forth, notwithstanding any provisions to the contrary. All that I have decreed in this Letter is, by its nature, valid for the venerable Oriental Catholic Churches in conformity with the respective Canons of their own Code.

Given in Rome, at Saint Peter's, on 7 April, the Second Sunday of Easter, the Feast of Divine Mercy, in the year of our Lord 2002, the twenty-fourth of my Pontificate.