Summa Theologica

We must now consider communication with those who are excommunicated. Under this head there are three points of inquiry:

(1) Whether it is lawful to communicate in matters purely corporal with one who is excommunicated?

(2) Whether one who communicates with an excommunicated person is excommunicated?

(3) Whether it is always a mortal sin to communicate with an excommunicated person in matters not permitted by law?

Objection 1: It would seem that it is lawful, in matters purely corporal, to communicate with an excommunicated person. For excommunication is an act of the keys. But the power of the keys extends only to spiritual matters. Therefore excommunication does not prevent one from communicating with another in matters corporal.

Objection 2: Further, "What is instituted for the sake of charity, does not militate against charity" (Cf. Q[11], A[1], OBJ). But we are bound by the precept of charity to succor our enemies, which is impossible without some sort of communication. Therefore it is lawful to communicate with an excommunicated person in corporal matters.

On the contrary, It is written (1 Cor. 5:11): "With such an one not so much as to eat."

I answer that, Excommunication is twofold: there is minor excommunication, which deprives a man merely of a share in the sacraments, but not of the communion of the faithful. Wherefore it is lawful to communicate with a person lying under an excommunication of this kind, but not to give him the sacraments. The other is major excommunication which deprives a man of the sacraments of the Church and of the communion of the faithful. Wherefore it is not lawful to communicate with one who lies under such an excommunication. But, since the Church resorts to excommunication to repair and not to destroy, exception is made from this general law, in certain matters wherein communication is lawful, viz. in those which concern salvation, for one is allowed to speak of such matters with an excommunicated person; and one may even speak of other matters so as to put him at his ease and to make the words of salvation more acceptable. Moreover exception is made in favor of certain people whose business it is to be in attendance on the excommunicated person, viz. his wife, child, slave, vassal or subordinate. This, however, is to be understood of children who have not attained their majority, else they are forbidden to communicate with their father: and as to the others, the exception applies to them if they have entered his service before his excommunication, but not if they did so afterwards.

Some understand this exception to apply in the opposite way, viz. that the master can communicate with his subjects: while others hold the contrary. At any rate it is lawful for them to communicate with others in matters wherein they are under an obligation to them, for just as subjects are bound to serve their master, so is the master bound to look after his subjects. Again certain cases are excepted; as when the fact of the excommunication is unknown, or in the case of strangers or travelers in the country of those who are excommunicated, for they are allowed to buy from them, or to receive alms from them. Likewise if anyone were to see an excommunicated person in distress: for then he would be bound by the precept of charity to assist him. These are all contained in the following line: "Utility, law, lowliness, ignorance of fact, necessity," where "utility" refers to salutary words, "law" to marriage, "lowliness" to subjection. The others need no explanation.

Reply to Objection 1: Corporal matters are subordinate to spiritual matters. Wherefore the power which extends to spiritual things, can also extend to matters touching the body: even as the art which considers the end commands in matters ordained to the end.

Reply to Objection 2: In a case where one is bound by the precept of charity to hold communication, the prohibition ceases, as is clear from what has been said.

Objection 1: It would seem that a person does not incur excommunication for communicating with one who is excommunicated. For a heathen or a Jew is more separated from the Church than a person who is excommunicated. But one does not incur excommunication for communicating with a heathen or a Jew. Neither, therefore, does one for communicating with an excommunicated Christian.

Objection 2: Further, if a man incurs excommunication for communicating with an excommunicated person, for the same reason a third would incur excommunication for communicating with him, and thus one might go on indefinitely, which would seem absurd. Therefore one does not incur excommunication for communicating with one who is excommunicated.

On the contrary, An excommunicated person is banished from communion. Therefore whoever communicates with him leaves the communion of the Church: and hence he seems to be excommunicated.

I answer that, A person may incur excommunication in two ways. First, so that the excommunication includes both himself and whosoever communicates with him: and then, without any doubt, whoever communicates with him, incurs a major excommunication. Secondly, so that the excommunication is simply pronounced on him; and then a man may communicate with him either in his crime, by counsel, help or favor, in which case again he incurs the major excommunication, or he may communicate with him in other things by speaking to him, greeting him, or eating with him, in which case he incurs the minor excommunication.

Reply to Objection 1: The Church has no intention of correcting unbelievers as well as the faithful who are under her care: hence she does not sever those, whom she excommunicates, from the fellowship of unbelievers, as she does from the communion of the faithful over whom she exercises a certain power.

Reply to Objection 2: It is lawful to hold communion with one who has incurred a minor excommunication, so that excommunication does not pass on to a third person.

Objection 1: It would seem that it is always a mortal sin to hold communion with an excommunicated person in other cases than those in which it is allowed. Because a certain decretal (Cap. Sacris: De his quae vi, metuve, etc.) declares that "not even through fear of death should anyone hold communion with an excommunicated person, since one ought to die rather than commit a mortal sin." But this would be no reason unless it were always a mortal sin to hold communion with an excommunicated person. Therefore, etc.

Objection 2: Further, it is a mortal sin to act against a commandment of the Church. But the Church forbids anyone to hold communion with an excommunicated person. Therefore it is a mortal sin to hold communion with one who is excommunicated.

Objection 3: Further, no man is debarred from receiving the Eucharist on account of a venial sin. But a man who holds communion with an excommunicated person, outside those cases in which it is allowed, is debarred from receiving the Eucharist, since he incurs a minor excommunication. Therefore it is a mortal sin to hold communion with an excommunicated person, save in those cases in which it is allowed.

Objection 4: Further, no one should incur a major excommunication save for a mortal sin. Now according to the law (Can. Praecipue, seqq., caus. xi) a man may incur a major excommunication for holding communion with an excommunicated person. Therefore it is a mortal sin to hold communion with one who is excommunicated.

On the contrary, None can absolve a man from mortal sin unless he have jurisdiction over him. But any priest can absolve a man for holding communion with those who are excommunicated. Therefore it is not a mortal sin.

Further, the measure of the penalty should be according to the measure of the sin, as stated in Dt. 25:3. Now the punishment appointed by common custom for holding communion with an excommunicated person is not that which is inflicted for mortal sin, but rather that which is due for venial sin. Therefore it is not a mortal sin.

I answer that, Some hold that it is always a mortal sin to hold communion with an excommunicated person, by word or in any of the forbidden ways mentioned above(A[2]), except in those cases allowed by law (Cap. Quoniam). But since it seems very hard that a man should be guilty of a mortal sin by uttering just a slight word to an excommunicated person, and that by excommunicating a person one would endanger the salvation of many, and lay a snare which might turn to one's own hurt, it seems to others more probable that he is not always guilty of a mortal sin, but only when he holds communion with him in a criminal deed, or in an act of Divine worship, or through contempt of the Church.

Reply to Objection 1: This decretal is speaking of holding communion in Divine worship. It may also be replied that the same reason applies both to mortal and venial sin, since just as one cannot do well by committing a mortal sin, so neither can one by committing a venial sin: so that just as it is a man's duty to suffer death rather than commit a mortal sin, so is it his duty to do so sooner than commit a venial sin, inasmuch as it is his duty to avoid venial sin.

Reply to Objection 2: The commandment of the Church regards spiritual matters directly, and legitimate actions as a consequence: hence by holding communion in Divine worship one acts against the commandment, and commits a mortal sin; but by holding communion in other matters, one acts beside the commandment, and sins venially.

Reply to Objection 3: Sometimes a man is debarred from the Eucharist even without his own fault, as in the case of those who are suspended or under an interdict, because these penalties are sometimes inflicted on one person for the sin of another who is thus punished.

Reply to Objection 4: Although it is a venial sin to hold communion with one who is excommunicated, yet to do so obstinately is a mortal sin: and for this reason one may be excommunicated according to the law.

We must now consider absolution from excommunication: under which head there are three points of inquiry:

(1) Whether any priest can absolve his subject from excommunication?

(2) Whether a man can be absolved from excommunication against his will?

(3) Whether a man can be absolved from one excommunication without being absolved from another?

Objection 1: It would seem that any priest can absolve his subject from excommunication. For the chains of sin are stronger than those of excommunication. But any priest can absolve his subject from sin. Therefore much more can he absolve him from excommunication.

Objection 2: Further, if the cause is removed the effect is removed. But the cause of excommunication is a mortal sin. Therefore since any priest can absolve (his subject) from that mortal sin, he is able likewise to absolve him from the excommunication.

On the contrary, It belongs to the same power to excommunicate as to absolve from excommunication. But priests of inferior degree cannot excommunicate their subjects. Neither, therefore, can they absolve them.

I answer that, Anyone can absolve from minor excommunication who can absolve from the sin of participation in the sin of another. But in the case of a major excommunication, this is pronounced either by a judge, and then he who pronounced sentence or his superior can absolve—or it is pronounced by law, and then the bishop or even a priest can absolve except in the six cases which the Pope, who is the maker of laws, reserves to himself: the first is the case of a man who lays hands on a cleric or a religious; the second is of one who breaks into a church and is denounced for so doing; the third is of the man who sets fire to a church and is denounced for the deed; the fourth is of one who knowingly communicates in the Divine worship with those whom the Pope has excommunicated by name; the fifth is the case of one who tampers with the letters of the Holy See; the sixth is the case of one who communicates in a crime of one who is excommunicated. For he should not be absolved except by the person who excommunicated him, even though he be not subject to him, unless, by reason of the difficulty of appearing before him, he be absolved by the bishop or by his own priest, after binding himself by oath to submit to the command of the judge who pronounced the excommunication on him.

There are however eight exceptions to the first case: (1) In the hour of death, when a person can be absolved by any priest from any excommunication; (2) if the striker be the doorkeeper of a man in authority, and the blow be given neither through hatred nor of set purpose; (3) if the striker be a woman; (4) if the striker be a servant, whose master is not at fault and would suffer from his absence; (5) if a religious strike a religious, unless he strike him very grievously; (6) if the striker be a poor man; (7) if he be a minor, an old man, or an invalid; (8) if there be a deadly feud between them.

There are, besides, seven cases in which the person who strikes a cleric does not incur excommunication: (1) if he do it for the sake of discipline, as a teacher or a superior; (2) if it be done for fun; (3) if the striker find the cleric behaving with impropriety towards his wife his mother, his sister or his daughter; (4) if he return blow for blow at once; (5) if the striker be not aware that he is striking a cleric; (6) if the latter be guilty of apostasy after the triple admonition; (7) if the cleric exercise an act which is altogether contrary to the clerical life, e.g. if he become a soldier, or if he be guilty of bigamy [*Namely, that which is known by canonists as "similar bigamy"].

Reply to Objection 1: Although the chains of sin are in themselves greater than those of excommunication, yet in a certain respect the chains of excommunication are greater, inasmuch as they bind a man not only in the sight of God, but also in the eye of the Church. Hence absolution from excommunication requires jurisdiction in the external forum, whereas absolution from sin does not. Nor is there need of giving one's word by oath, as in the case of absolution from excommunication, because, as the Apostle declares (Heb. 6:16), controversies between men are decided by oath.

Reply to Objection 2: As an excommunicated person has no share in the sacraments of the Church, a priest cannot absolve him from his guilt, unless he be first absolved from excommunication.

Objection 1: It would seem that no man can be absolved against his will. For spiritual things are not conferred on anyone against his will. Now absolution from excommunication is a spiritual favor. Therefore it cannot be granted to a man against his will.

Objection 2: Further, the cause of excommunication is contumacy. But when, through contempt of the excommunication, a man is unwilling to be absolved, he shows a high degree of contumacy. Therefore he cannot be absolved.

On the contrary, Excommunication can be pronounced on a man against his will. Now things that happen to a man against his will, can be removed from him against his will, as in the case of the goods of fortune. Therefore excommunication can be removed from a man against his will.

I answer that, Evil of fault and evil of punishment differ in this, that the origin of fault is within us, since all sin is voluntary, whereas the origin of punishment is sometimes without, since punishment does not need to be voluntary, in fact the nature of punishment is rather to be against the will. Wherefore, just as a man commits no sin except willingly, so no sin is forgiven him against his will. On the other hand just as a person can be excommunicated against his will, so can he be absolved therefrom.

Reply to Objection 1: The assertion is true of those spiritual goods which depend on our will, such as the virtues, which we cannot lose unwillingly; for knowledge, although a spiritual good, can be lost by a man against his will through sickness. Hence the argument is not to the point.

Reply to Objection 2: It is possible for excommunication to be removed from a man even though he be contumacious, if it seem to be for the good of the man for whom the excommunication was intended as a medicine.

Objection 1: It would seem that a man cannot be absolved from one excommunication without being absolved from all. For an effect should be proportionate to its cause. Now the cause of excommunication is a sin. Since then a man cannot be absolved from one sin without being absolved from all, neither can this happen as regards excommunication.

Objection 2: Further, absolution from excommunication is pronounced in the Church. But a man who is under the ban of one excommunication is outside the Church. Therefore so long as one remains, a man cannot be loosed from another.

On the contrary, Excommunication is a punishment. Now a man can be loosed from one punishment, while another remains. Therefore a man can be loosed from one excommunication and yet remain under another.

I answer that, Excommunications are not connected together in any way, and so it is possible for a man to be absolved from one, and yet remain under another.

It must be observed however that sometimes a man lies under several excommunications pronounced by one judge; and then, when he is absolved from one, he is understood to be absolved from all, unless the contrary be expressed, or unless he ask to be absolved from excommunication on one count only, whereas he was excommunicated under several. On the other hand sometimes a man lies under several sentences of excommunication pronounced by several judges; and then, when absolved from one excommunication, he is not therefore absolved from the others, unless at his prayer they all confirm his absolution, or unless they all depute one to absolve him.

Reply to Objection 1: All sins are connected together in aversion from God, which is incompatible with the forgiveness of sin: wherefore one sin cannot be forgiven without another. But excommunications have no such connection. Nor again is absolution from excommunication hindered by contrariety of the will, as stated above(A[2]). Hence the argument does not prove.

Reply to Objection 2: Just as such a man was for several reasons outside the Church so is it possible for his separation to be removed on one count and to remain on another.