Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
536. A dispensation itself should be interpreted strictly in the
following cases: (a) when the dispensation has an odious side, as when
it is contrary to law and advantageous to private interest or is
detrimental to a third party; (b) when wide interpretation is
dangerous, as favoring injustice, promoting ambition, etc. (Canons 50,
85).
537. A dispensation ceases intrinsically in the following ways: (a) by
the lapse of the period of time for which it was granted; (b) by the
entire and certain cessation of the motive of the dispensation, if the
effect of the dispensation is divisible--that is, if the motive for
dispensation has to be existent each time that the law calls for an act
or omission (Canon 86). Example: If one is dispensed from the fast or
Office on account of ill-health, and later recovers, the dispensation
ceases.
538. A dispensation ceases extrinsically in the following ways: (a) by
the act of the one who dispensed, if he validly recalls the
dispensation, or by his cessation from office, if he limited the
dispensation to his own term of authority (Canons 86, 73); (b) by the
act of the one who was dispensed, if he renounces the dispensation
without detriment to any third party, and with the consent of the
superior (Canons 86, 72).
539. A dispensation does not cease in the following cases through the
cessation of the motive for which it was given:
(a) If the motive ceases only partially or doubtfully, even though the
effect of the dispensation be divisible--that is, requiring the
existence of the motive for the grant each time the dispensation is
used. For, if the dispensation ceased in such cases, its benefit would
frequently be in great part lost on account of the worry and scruple to
which the persons dispensed would be exposed. Example: Balbus has been
dispensed from fast on account of poor health. Later on he improves,
but has not recovered his strength entirely, or at least is not certain
of his recovery. He may continue still to use the dispensation.
(b) A dispensation does not cease if the motive ceases entirely and
certainly, but the effect of the dispensation is indivisible--that is,
removing the entire obligation once for all.
Example: Titus is a widower with several young children. He wishes to
marry in order to have a home for the children, and this wish is the
motive of a dispensation given him from an impediment of affinity to
the marriage he contemplates. But before the marriage takes place, the
children die, The dispensation still holds good.
540. A dispensation does not cease by reason of the grantor in the
following cases:
(a) It does not cease through the grantor’s cessation from authority,
if it was given independently of his term of office. Example:
Sempronius received a dispensation “valid until recall,” but never made
use of it. Although now the grantor has died, the dispensation
continues in force.
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