Canonical impediment
Encyclopedia
In the Canon Law
of the Catholic Church, a canonical impediment is a legal obstacle that prevents a sacrament
from being performed validly and/or licitly. The term is used most frequently in relationship to the sacraments of Marriage
and Holy Orders
. Some canonical impediments can be dispensed
by the competent authority (usually the local ordinary
but some impediments are reserved to the Apostolic See
) as defined in Canon Law.
Impediments to marriage are classified according to many different criteria.
In regard to their effect on the sacrament, impediments are either diriment, which invalidate an attempted marriage, or prohibitive (or impedient), which make a marriage illicit but valid
. The 1983 Code of Canon Law does not list prohibitive impediments as such, and thus the distinction between validity and licitness is less clear than in previous formularies.
In regard to their origin, impediments are either from divine law, and so cannot be dispensed, or from ecclesiastical law, and so can be dispensed by the competent Church authority. Under the 1983 Code of Canon Law, ecclesiastical impediments only apply to marriages where one or both of the parties is Catholic. Under the prior 1917 Code, ecclesiastical impediments applied to the marriages of non-Catholic Christians as well, unless specifically exempted. Note that, as clarified by articles 2 and 4 of Dignitas Connubii, the Catholic Church now recognizes the diriment impediments of other (i.e., non-Catholic) Churches and ecclesial communities when their members are parties to a marriage.
Impediments are also classified as follows:
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
of the Catholic Church, a canonical impediment is a legal obstacle that prevents a sacrament
Sacraments of the Catholic Church
The Sacraments of the Catholic Church are, the Roman Catholic Church teaches, "efficacious signs of grace, instituted by Christ and entrusted to the Church, by which divine life is dispensed to us. The visible rites by which the sacraments are celebrated signify and make present the graces proper...
from being performed validly and/or licitly. The term is used most frequently in relationship to the sacraments of Marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
and Holy Orders
Holy Orders
The term Holy Orders is used by many Christian churches to refer to ordination or to those individuals ordained for a special role or ministry....
. Some canonical impediments can be dispensed
Dispensation (Catholic Church)
In the canon law of the Roman Catholic Church, a dispensation is the suspension by competent authority of general rules of law in particular cases...
by the competent authority (usually the local ordinary
Ordinary
In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws...
but some impediments are reserved to the Apostolic See
Apostolic See
In Christianity, an apostolic see is any episcopal see whose foundation is attributed to one or more of the apostles of Jesus.Out of the many such sees, five acquired special importance in Chalcedonian Christianity and became classified as the Pentarchy in Eastern Orthodox Christianity...
) as defined in Canon Law.
Impediments to marriage
Roman Catholic sacramental theology teaches that the ministers of the sacrament of holy matrimony are the man and woman, and therefore any marriage contracted voluntarily between two baptized and unmarried adults is valid, though under ordinary circumstances the marriage must be blessed by a priest to be licit. However, various provisions in current canon law lay down additional requirements for validity, in apparent contradiction of this principle.Impediments to marriage are classified according to many different criteria.
In regard to their effect on the sacrament, impediments are either diriment, which invalidate an attempted marriage, or prohibitive (or impedient), which make a marriage illicit but valid
Valid but illicit
Valid but illicit, also known as valid but illegal, as it pertains to Roman Catholicism, refers to the unauthorized but valid celebration of the sacraments, especially regarding the ordinations of clergy. In the Roman Catholic Church several kinds of people have authority to celebrate the sacraments...
. The 1983 Code of Canon Law does not list prohibitive impediments as such, and thus the distinction between validity and licitness is less clear than in previous formularies.
In regard to their origin, impediments are either from divine law, and so cannot be dispensed, or from ecclesiastical law, and so can be dispensed by the competent Church authority. Under the 1983 Code of Canon Law, ecclesiastical impediments only apply to marriages where one or both of the parties is Catholic. Under the prior 1917 Code, ecclesiastical impediments applied to the marriages of non-Catholic Christians as well, unless specifically exempted. Note that, as clarified by articles 2 and 4 of Dignitas Connubii, the Catholic Church now recognizes the diriment impediments of other (i.e., non-Catholic) Churches and ecclesial communities when their members are parties to a marriage.
Impediments are also classified as follows:
- public, which can be proved in the external forum, or occult, which cannot be so proved;
- absolute, which apply to one party regardless of the other party, or relative, which apply only in relation to certain other parties;
- permanent or temporary, according to the duration of the impediment; and
- (for ecclesiastical impediments) whether they can be dispensed by the local ordinaryOrdinaryIn those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws...
under ordinary circumstances, or whether their dispensation is reserved to the Pope
List of diriment impediments to marriage
- Age. If the man is under 16 years of age, or the woman is under 14 years of age, then their marriage is invalid. This is an ecclesiastical impediment, and so does not apply to a marriage between two non-Catholics. However, note that in a marriage between a Catholic and a non-Catholic, the age limitation applies to the non-Catholic party as well. Each national episcopal conferenceEpiscopal ConferenceIn the Roman Catholic Church, an Episcopal Conference, Conference of Bishops, or National Conference of Bishops is an official assembly of all the bishops of a given territory...
has the authority to set a higher minimum age as a prohibitive impediment. Note that, in general, individual bishops do not have this authority (cf. CIC c. 1075 §2). In Canada, and also in New Zealand, this minimum age has been set to 18 years old for both parties. In England and Wales, this minimum age has been set to be in accordance with civil law (i.e., 16 years old for both parties). In Gambia, Liberia, and Sierre Leone, this minimum age has been set to 18 years old for the man and 16 years old for the woman. In the Philippines, this minimum has been set to 21 years old for the bridegroom, and 18 years old for the bride. In South Africa, and also in Switzerland, this minimum age has been set to be in accordance with civil law. In Nigeria, the episcopal conference has delegated the authority to set a higher prohibitive minimum age to the individual bishops. The United States Conference of Catholic Bishops has not enacted a higher prohibitive minimum age for marriage.
- Physical capacity for consummation lacking . Per Canon 1084 §3 "Without prejudice to the provisions of Canon 1098, sterility neither forbids nor invalidates a marriage." Both parties, however, must be physically capable of completed vaginal intercourse, wherein the man ejaculates "true semen" into the woman's vagina. (See http://www.ewtn.com/library/Doctrine/IMPOSTER.HTM for details.) To invalidate a marriage, the impotence must be perpetual (i.e., incurable) and antecedent to the marriage. The impotence can either be absolute or relative. This impediment is generally considered to derive from divine natural law, and so cannot be dispensed. The reason behind this impediment is explained in the Summa TheologicaSumma TheologicaThe Summa Theologiæ is the best-known work of Thomas Aquinas , and although unfinished, "one of the classics of the history of philosophy and one of the most influential works of Western literature." It is intended as a manual for beginners in theology and a compendium of all of the main...
: “In marriage there is a contract whereby one is bound to pay the other the marital debt: wherefore just as in other contracts, the bond is unfitting if a person bind himself to what he cannot give or do, so the marriage contract is unfitting, if it be made by one who cannot pay the marital debt.”
- Previous marriageLigamenLigamen is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.A person, already married, who wishes to marry again, must provide sufficient evidence of the death of the former spouse: an official death certificate, issued...
. Previous marriages, whether conducted in the Catholic Church, in another church, or by the State. All previous attempts at marriage by both parties wishing to marry must be declared null prior to a wedding in the Catholic Church, without regard to the religion of the party previously married. Divine, absolute, temporary.
- Disparity of cultDisparity of WorshipDisparity of worship or disparity of cult is a diriment impediment in Roman Catholic canon law: a reason why a marriage can not be validly contracted without a dispensation, stemming from one person being certainly baptized, and the other certainly not baptized.The reasons for this impediment is...
. A marriage between a Catholic and a non-baptized person is invalid, unless this impediment is dispensed by the local ordinary. Ecclesiastical, relative.
- Sacred ordersHoly OrdersThe term Holy Orders is used by many Christian churches to refer to ordination or to those individuals ordained for a special role or ministry....
. One of the parties has received sacred orders. Ecclesiastical, absolute, permanent (unless dispensed by the Apostolic See).
- Perpetual vow of chastity . One of the parties has made a public perpetual vowVowA vow is a promise or oath.-Marriage vows:Marriage vows are binding promises each partner in a couple makes to the other during a wedding ceremony. Marriage customs have developed over history and keep changing as human society develops...
of chastityChastityChastity refers to the sexual behavior of a man or woman acceptable to the moral standards and guidelines of a culture, civilization, or religion....
. Ecclesiastical, absolute, permanent (unless dispensed by the Apostolic See).
- AbductionKidnappingIn criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
. One of the parties, usually the woman, has been abducted with the view of contracting marriage. Ecclesiastical, temporary.
- CrimenImpediment of CrimeThe Impediment of Crime or crimen is, in the canon law of the Roman Catholic Church, a diriment impediment to marriage arising from certain circumstance involving homicide and adultery — an impediment such that it prevents the marriage bond from being formed.Under the Decretals of Pope Gregory IX,...
. One or both of the parties have brought about the death of a spouse with the view of entering marriage with each other. Ecclesiastical, relative, permanent (unless dispensed by the Apostolic See).
- ConsanguinityConsanguinityConsanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
. The parties are closely related by blood. Ecclesiastical or divine, depending on the degree of relationship. Relative, permanent.
- AffinityAffinity (canon law)In Canon law of the Catholic Church, affinity is a relationship which "arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man."...
. The parties are related by marriage in a prohibited degree. Ecclesiastical, relative, permanent.
- Public propriety . The parties are "related" by notorious concubinageConcubinageConcubinage is the state of a woman or man in an ongoing, usually matrimonially oriented, relationship with somebody to whom they cannot be married, often because of a difference in social status or economic condition.-Concubinage:...
. Ecclesiastical, relative, permanent.
- AdoptionAdoptionAdoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
. The parties are related by adoption. Ecclesiastical, relative, permanent.
- Spiritual relationship . One of the parties is the godparentGodparentA godparent, in many denominations of Christianity, is someone who sponsors a child's baptism. A male godparent is a godfather, and a female godparent is a godmother...
of the other. This no longer applies in the Latin Rite, but still applies in the Eastern Catholic Churches.
Other factors which invalidate marriage
- Lack of form. When a marriage of a Catholic takes place without following the laws and rites of the Catholic Church.
- Coercion. This impediment exists if one of the parties is pressured by any circumstances to enter into marriage. (In order for the impediment to cease, the situation must change so that the party can marry freely of his or her own will.)
- Psychological immaturity or mental incapacity To enter into sacramental marriage, both parties must understand and have the capacity to accept all that it entails.
- Refusal to have children One of the goods of marriage is children. A man or woman physically capable of fathering or, respectively, conceiving a child but who intends never to have children may not marry in the Catholic Church.
- Intention of fidelity lacking. Fidelity of each party to the other is a good of marriage. If this intent is lacking in either party, the couple may not marry in the Catholic Church.
- Civil law. If one of the parties is younger than the legal age for marriage according to civil law, the marriage may not take place in the Catholic Church.
Impediments to ordination to the priesthood
Impediments to the priesthood are divided into "irregularities", which are permanent unless removed by the competent authority and "simple impediments" which may pass with time without action of an ecclesiastical authority. Canon Law also lists various impediments to the exercise of a priesthood that has already been conferred. The bishop can remove most irregularities and simple impediments, except for those involving public apostasy, heresy, or schism; abortion or murder, even if in secret; and existing marriages. Irregularities that cannot be removed by the bishop can be removed by the Holy See.Irregularities
- Mental illness that prevents fulfillment of the duties of the priesthood.
- Physical incapacity to perform the rites of the Church. A priest must have his hands to celebrate the sacraments. He must also be able to ingest the wheat host and the wine. (A complete gluten intolerance, for example, is an impediment).
- Apostasy, heresy or schism. Previous rejection of the faith which was public and notorious is an impediment.
- Attempted marriage. The attempt to marry despite an existing valid marriage or vow of chastity, or the marriage to a woman who had an existing valid marriage or vow of chastity forms an irregularity even after the death of the spouse.
- Participation in an abortion or murder. Any prior act, statement, financial or moral support which contributed positively to a specific case of successful abortion or murder is an impediment. This could include driving a woman to the abortion clinic or paying for her abortion. Paying taxes to a state that funds abortions would generally not be considered a "positive" contribution to the abortion.
- Attempted suicide, self mutilation, or mutilation of others. Any premeditated attempt at suicide disqualifies one as a candidate for ordination. The act of mutilation must be performed "graviter et dolose" in order for it to be an impediment (cutting off a hand or foot, castration, etc.)
- Attempt to perform an act proper to the priesthood or episcopate. This applies to hearing acts such as hearing confessions, presiding at marriages, etc. when one has not received the proper ordination to do so.
Simple impediments to ordination
- Previous marriage. This applies to Latin Rite priests and bishops and Eastern Catholic bishops only. All previous marriages must be declared null, or the spouse must have died. In the case of a deceased spouse, most bishops require that the children be raised to adulthood before the man can undertake a vocation to the priesthood.
- Political office or other positions that a priest is not permitted to occupy. This impediment disappears as soon as the candidate is no longer in office.
- Recent baptism. The bishop must determine when a newly baptized person is sufficiently mature in his faith to undertake an ordained ministry in the Church.
Irregularities to the exercise of the priesthood
- Reception of ordination with an irregularity. If the irregularity is not brought to the bishop's attention before ordination, a priest might be ordained who has an irregularity. Such a priest cannot exercise his ministry until the irregularity is removed.
- Apostasy, heresy or schism that occurs after ordination, if this act is publicly known.
- Commission of acts that would have led to an irregularity.
Simple impediments to the exercise of the priesthood
- Reception of ordination with a simple impediment.
- Physical or mental illness that prevents fulfillment of the duties of the priesthood, until the bishop determines that the priest may resume the exercise of his ministry.