Moral Theology Part 13

342. We may distinguish four periods in the history of the Mosaic ceremonial law: (a) from Moses until Christ, it was the divinely ordained manner of worshipping G.o.d, and was obligatory for the Chosen People; (b) at the death of Christ, when the New Testament began, the Mosaic ceremonial ceased to be obligatory; (c) until the Gospel had been sufficiently promulgated (i.e., until the destruction of the City and the Temple of Jerusalem), the ceremonial law was permitted to Jewish converts, not as prefiguring Christ, but as a form of divine worship; (d) after the Gospel had been sufficiently proclaimed, it was no longer lawful to conform to the Mosaic observances.

343. The judgments or judicial laws of the Old Testament were intended; (a) to regulate the relations of the people of G.o.d to one another and to strangers according to justice and equity, and thus to prepare them for the coming of the Messiah; (b) to be, consequently, in some sort a figure of the social const.i.tution of the Christian people.

344. The judicial laws, like the ceremonial, expired with the New Testament. But since, unlike the ceremonial laws, they were not appointed directly as prefigurative of Christianity, their provisions, if not opposed to Christian law, could be used as part of the civil code of a Christian State.

345. There were four kinds of judicial precepts:

(a) those concerning rulers. The government was monarchical and aristocratic, as being administered by Moses and his successors with the a.s.sistance of a body of elders; but it was also democratic, inasmuch as the princes were chosen from the people and by the people;

(b) those concerning citizens. Excellent laws concerning sales, contracts, property, and the administration of justice, are laid down in the Pentateuch;

(c) those concerning foreigners. The relationship of the Jews to other nations, whether in peace or in war, was regulated by wise and humane laws;

(d) those concerning families. The rights and duties of husband and wife, parent and child, master and servant, were carefully and considerately provided for.

346. The Law of the New Testament.--This is the special law given by G.o.d through Christ to the whole world, and which endures till the end of time. Its character will be understood most readily from a comparison of it with the Law of the Old Testament.

(a) In both Testaments grace and the Holy Spirit are given through faith in Christ (the internal law), and doctrines, commandments and ceremonies are prescribed (the external law). But, whereas the Old Testament is princ.i.p.ally a law of works, the New Testament is princ.i.p.ally a law of faith (Rom., iii, 27); the former is concerned mostly with the external conduct, the latter regulates, not only actions, but also the internal movements of the soul, of which faith is the first.

(b) In both Testaments men are justified and saved through faith and works (Heb, xi., 39; Rom., i. 16), and not through the external written law or the letter. But it is only through Christ, the author of the New Law, that men are enabled to perform what the law requires: "The law was given by Moses; grace and truth came by Jesus Christ" (John, i. 17).

347. Comparison of the Two Testaments from Other Viewpoints.--(a) The aim of both Laws is to secure obedience to G.o.d and holiness for man.

But the New Testament, since given to those who were better prepared and more perfect, unveils more clearly the mysteries of faith, enjoins more perfect works, and supplements the Commandments with counsels of perfection (cfr. the Sermon on the Mount).

(b) Both Laws make use of threats, promises and persuasion in order to move men to obedience. But, as the Old Law was for those who were spiritually but children, it dwells especially on the punishments to be meted out to transgressors and the external rewards that will be given to the obedient (the law of fear); whereas the New Law, being for those who are spiritually mature, holds out as inducements chiefly the love of virtue and rewards that are internal and spiritual (the law of love).

(c) The author of both laws is G.o.d. But, while the Old Law was announced through G.o.d's servants as the preparatory dispensation, the New Law was proclaimed by the Son of G.o.d Himself as the final economy of human salvation: "G.o.d, who at sundry times spoke in times past to the fathers by the prophets, last of all in these days hath spoken to us by His Son, whom He hath appointed heir of all things" (Heb, ii. 1).

348. Differences in the Precepts of the Two Laws.--(a) There is no opposition between the commandments of the two Laws; for the ceremonial and judicial precepts of the Old Law, which contained figure and prophecy, are fulfilled in the precepts of Christ, while the moral laws of the Old Testament are confirmed and perfected by the moral laws of Christ: "I am not come to destroy, but to fulfill" (Matt., v. 17).

(b) There is no substantial difference between the faith and works of the two Testaments. For, that which is now believed explicitly and clearly, was believed implicitly and in figure in the Old Testament, and the greater things that now are commanded were contained germinally in the precepts of the Old Law.

349. The Old and the New Law Compared as to Difficulty.--(a) If we consider the difficulty that arises from the fulfillment of external works, the Old Law was much more difficult. For while the Law of Moses imposed numerous and complicated ceremonies and observances, the Law of Christ commands but few and simple rites. Of the Old Law St. Peter says that it was a yoke, "which neither our fathers nor we have been able to bear" (Acts, xv. 10)--that is, it was extremely burdensome; but of His own Law Christ says: "My yoke is sweet, and My burden light" (Matt, xi.

30). Even the additions made by Christ to the Old Law (e.g., the prohibition against divorce) really facilitate that which the Old Law itself intended--viz., the perfection of man. Hence, the Old Law is the law of servitude; the New Law, the law of liberty.

(b) If we consider the difficulty that arises from internal works, or the dispositions and motives with which precepts are to be fulfilled, the New Law is more difficult; for it inculcates a loftier piety and gives more attention to the spirit with which G.o.d is to be worshipped.

But, since love is the all-inclusive commandment of Christ, and since gladness and fervor are easy to the lover, the commandments of Christ "are not heavy" (I John, v. 3).

350. The External Works Commended by Christ.--(a) Since the New Law is the law of grace, it commands only those things by which we are brought to grace, or by means of which we make use of grace already received.

We receive grace only through Christ, and hence there are commandments regarding the Sacraments; we make right use of grace by faith that worketh through charity, and hence there are the precepts of the Decalogue to be kept.

(b) Since the New Law is the law of liberty, it does not determine the details of the moral law, nor prescribe minutely how we must worship G.o.d and observe justice to others, as was done in the ceremonial and judicial laws of the Old Testament. Minor dispositions of this kind have no necessary relation to internal grace, being morally indifferent. Hence, Christ left many things free, to be determined later according to conditions, either by the individual (in personal matters) or by the spiritual or temporal authority (in matters of public concern). It is contrary to the spirit of the Gospel, however, that mankind should be oppressed with numerous and burdensome observances.

351. The Internal Works Commanded by Christ.--In the Sermon on the Mount were given the commandments of the New Law that summarize the entire duty of the Christian as to his internal acts: "Everyone that heareth these My words, and doeth them, shall be likened to a wise man that built his house upon a rock" (Matt., vii. 24). Thus, there are: (a) internal acts commanded as regards our own wills and purposes (we must avoid not only external, but also internal sins and the occasions of sin; we must not only do good, but we must have a good motive, not placing our end in human applause or riches); (b) internal acts commanded as regards our neighbor (we must not judge him rashly, unjustly, presumptuously; nor must we trust him imprudently); (c) interior dispositions with which we must perform our duties (we must avoid inordinate cares, imploring and expecting the divine a.s.sistance; but we must also avoid carelessness, having our minds set on the narrow way, and eschewing seductions).

352. The Teaching of Christ on the Three Cla.s.ses of Precepts: Moral, Ceremonial and Judicial.--(a) As regards the moral precepts (i.e., the Decalogue or Natural Law), not one jot or t.i.ttle was to pa.s.s away. But so little was the soul of these precepts then recognized that Christ gave a new commandment of love, by which His followers were to be known; and He reduced the whole law to the two commandments of love of G.o.d and love of our neighbor.

(b) As regards the ceremonial precepts (i.e., the forms of Jewish worship), these were to be superseded. Christ declared the manner in which G.o.d was to be worshipped, namely, in spirit and in truth. He inst.i.tuted the Sacrifice of the New Testament, appointed the ritual of the Sacraments (e.g., of Baptism and the Eucharist), and taught a form of prayer which was to be used by His disciples. Other things He left to be determined by the Church.

(c) As regards the judicial precepts (i.e., the civil laws of the theocratic nation), these ceased to be necessary with the coming of Christ, whose Kingdom is spiritual and with whom there is no distinction of Jew or Gentile, since His law is for all. In fact, with the destruction of Jerusalem in A.D. 70, foretold by Christ, both the Temple worship and the separate national life of Israel came to an end.

In correcting the false interpretations which the Pharisees put upon various judicial precepts of their law (e.g., in showing them that the law of retaliation and the law that public enemies should be put to death did not authorize revenge and hatred), Christ indicated the spirit that should animate all civil laws, namely, love of justice. He left it to the wisdom of future lawgivers to apply the rule of justice to the relations between man and man, nation and nation, as circ.u.mstances would require.

353. The precepts by which Christ established the primacy of the Pope and the hierarchy may be called judicial. But the details of this const.i.tution He left the Church to determine.

354. The Duration of the Law of Christ.--(a) The Beginning.--The New Law was given through the revelation made by Christ and the Holy Ghost to the Apostles; it was ratified at the Last Supper and in the death of Christ, when the New Testament was proclaimed and the Old Testament came to an end; it was promulgated, first at Jerusalem on the day of Pentecost, and later throughout the world by the preaching of the Apostles.

(b) The End.--The Law of Christ continues till the end of time; for this generation--that is, this last period of world history under the Christian dispensation--shall not end until Christ returns to judge mankind; "Behold, I am with you all days, even unto the consummation of the world" (Matt., xxviii. 20).

355. The Subjects of the Law of Christ.--(a) The Law of Christ is for all: "Going, therefore, teach ye all nations. teaching them to observe all things whatsoever I have commanded you" (Matt., xxviii. 19).

(b) The Law of Christ does not oblige all in the same way. Those outside Christianity are obliged directly by the commands to believe and to be baptized. Christians are obliged directly by the laws of faith and works accepted in Baptism.

356. Ignorance of the Law of Christ.-(a) Outsiders may be in invincible ignorance of the Law of Christ. For many persons through no fault of their own, in times past or even today, have not heard the Gospel message: "How shall they believe Him of whom they have not heard?"

(Rom, x. 14).

(b) Christians may be in invincible ignorance of the Law of Christ.

For, just as want of a preacher causes a pagan to be invincibly ignorant of the necessity of Baptism, so a lack of instruction in Christian doctrine might leave a baptized person inculpably ignorant (e.g., of the duty of receiving the Eucharist).

357. Dispensation from the Law of Christ.--(a) Its Possibility.--It cannot be denied that Christ could have dispensed from the positive precepts of His law, either directly or through His Church; for those precepts depend on His will, and, like every other legislator, He can relax His law or delegate others to do so.

(b) Its Reality.--Some believe that Christ granted dispensations from His Law (e.g., that He freed the Blessed Virgin and the Apostles from the duty of receiving Baptism, that he authorized the Apostles to give Baptism without mentioning the Trinity), but these opinions seem unlikely and are not well supported. Some also believe that the power of loosing granted the Church (Matt., xvi. 19) includes the power of dispensing from the Law of Christ. The contrary, however, seems more probable. For the power of loosing is certainly limited to such matters as the good of the Church and of souls requires, and it is more advantageous for the Church and its members that the laws given by Christ Himself should be absolutely unchangeable, in order that the unity of the Church and its dependence on its Founder may be more manifest.

On the other hand, the alternate opinion has solid grounds and arguments, and merits due consideration. Some authors distinguish a twofold law of Christ; (a) absolute, that which obliges immediately and of itself independently of any action of man; e.g., the law concerning the necessity of Baptism or determining bread and wine as the matter of the Eucharist; (b) hypothetic, which presupposes some human action; e.g., the law of the indissolubility of matrimony which urges after man has freely willed to be bound by the laws of matrimony. Similarly, the binding force of vows presupposes the taking of the vow.

As to the absolute law, no human authority may dispense from it. As already indicated, the good of the Church, its unity and stability, seem to demand an unchangeable law. In regard to the hypothetical law, many of the more modern authors a.s.sert that the Holy Pontiff can at times dispense. The power of loosing implies a power of dispensing in the Church which has been used in particular cases; e.g., _ratum et non consummatum_ matrimony. Moreover, the power to dispense seems extremely useful and almost necessary for the prudent and wise governing of the Church. For, with a change of circ.u.mstances an individual might be impeded from doing a greater good because of a preceding act of will; e.g., one might be impeded from embracing the religious life because of a prior vow to remain in the world to a.s.sist in Catholic Action (see Fanfani, O.P., _Theol. Moral. Manuale_, Vol. I, n. 134).

358. Interpretation of the Law of Christ.-(a) Private interpretation (_epieikeia_ or equity) is used in extraordinary cases, not foreseen by the lawgiver, and it declares that a particular case does not fall under the Law. This kind of interpretation applies only to human laws, since G.o.d foresees things not only universally, but also in particular (cfr. on Natural Law, 315). (b) Public interpretation of the Law of Christ is made by the Church, in virtue of the commission: "Teach all things whatsoever I have commanded" (Matt, xxviii. 20).

359. Public Interpretation of the Law of Christ--(a) The Church is able to give a declarative interpretation of the Positive Divine Law--that is, to explain its meaning, to show what cases are comprehended in the law, what cases are not, when one is obliged, when one is excused, etc.

Example: The Church interprets the doctrine of Christ on the indissolubility of marriage, explaining when the bond is absolutely indissoluble, the conditions under which it may sometimes be dissolved, etc.

(b) The Church is able to give determinative interpretation of the Positive Divine Law--that is, to settle in what manner a law must be fulfilled. Examples: Christ gave the command that the Eucharist should be received, but it was the Church that determined when and how often one must receive Communion to comply with the wishes of Christ. Christ inst.i.tuted only generically the essential rite of some Sacraments, leaving it to the Church to determine the rite more specifically.

360. The Law of Christ and Impossibility.--(a) Impossibility does not excuse from a law, in which an act is necessary not because it is prescribed, but is prescribed because it is a necessary means without which, even if one be not guilty of negligence, salvation cannot be had (necessity of means). Example: Infants who die without Baptism are not held guilty of neglecting the Sacraments, but lack of it deprives them of the supernatural bliss promised by Christ. Only Baptism confers regeneration, and only the regenerated are capable of the vision of G.o.d.

(b) Impossibility can excuse from a law in which an act is necessary because it is prescribed, and which therefore makes one guilty of sin, if one willfully neglects it (necessity of precept). Example: An adult who dies without the Eucharist cannot be saved if he was guilty of grave negligence; but he can be saved, if it was not his own fault that he did not receive Holy Communion. The Eucharist increases supernatural life, but inculpable lack of it does not exclude from that life.

361. Impossibility--or what is called impossibility--does not always excuse even from those divine laws which have only the necessity of precept.

(a) Physical impossibility is the lack of power to perform an act; for example, it is physically impossible for a blind man to read. This kind of impossibility, of course, excuses from guilt and punishment.

Example: t.i.tus is dying and thinks of the command that he should receive Viatic.u.m. But he is unable to receive Communion without vomiting. Hence, in his case the impossibility excuses from the divine command.

(b) Moral impossibility is the inability to perform an act without serious inconvenience; for example, it is morally impossible for one who has weak eyes to read small print. This kind of impossibility does not excuse, if a greater evil will result from the non-observance of the law than the evil of inconvenience that will result from its observance. Examples: Eleazer would not eat the meats forbidden by the law of Moses, preferring to die rather than give public scandal (II Mach., vii. 18). The command of Christ that pastors minister to their flocks obliges, even if it involves danger of death, when there is a great public necessity (as in time of pestilence) or an urgent private necessity (as when an infant is about to die without Baptism).

362. Moral impossibility excuses from divine laws that have only necessity of precept, if the inconvenience is serious, even when compared to the evil of violating the law; for G.o.d does not wish commands freely inst.i.tuted by His will to oblige more rigorously than the commands of the Natural Law (see 289, 317). Examples: Christ excused David for eating the loaves of proposition (which was forbidden by the law of Moses) on account of urgent necessity. A most grave external inconvenience excuses from the law of integrity of confession (see Vol. II).

363. What is the nature of the Church's action in dissolving the bond of marriages that are not ratified, or not consummated after ratification (see Vol. II), with reference to Christ's law of indissolubility? (a) Some see in this an application of other divine laws that limit the law of indissolubility, and that were enunciated by Christ Himself in His teaching on the supremacy of faith over other bonds, the superiority of virginity to marriage, the power of the Church in loosing, etc. (b) Others see in this an interpretation, declarative or expansive, of the law of indissolubility. (c) Still others regard these dissolutions as a removal of the proper matter of the obligation contracted through the act of the human will (cfr. the Natural Law, 312). The power of loosing would apply here as in the case of vows. Some authors call this removal of matter "annulment of act,"

"remission of debt," "permission"; while others call it "dispensation"

(see 314). Those who consider the dissolution of _ratum non consummatum_ matrimony as "dispensation" list the law of indissolubility as hypothetical positive law (see 357).