George Nedungatt

Celibate and Married on a Par in the Eastern Code

Clerical celibacy has long been presented as a and the celibacy of the ministers of the showpiece of Western Catholicism, vis-à-vis . Protestants and the Orthodox. In his Ad catholici sacerdotii fastigium (1935) Pius XI exalted clerical celibacy as the peak glory 1. From Life to Law of priesthood. The miniscule Eastern Catholic Churches, most of which preserve the The Code of Canons of the Eastern Churches traditional institution of married clergy along (Codex Canonum Ecclesiarum Orientalium, with clerical celibacy, were ignored in practice. CCEO) establishes a parity between the celibate Since they constitute only three percent of the and the married clerics, which is an innovation Catholic population, the law of clerical celibacy of doctrine and law. The novelty is due to letting of the majority Church passes for the law life guide legislation rather than deducing law as of the . But in the post-Vatican a conclusion from doctrine. Let me explain what reformed law of the Eastern Catholic I mean. Churches there is legal parity between celibate I had never met any married . There are and married priesthood. In my paper I shall deal no married clerics in the Syro-Malabar Church, with this reform and its significance for the insti- to which I belong. It is the second largest East- tution of celibate and married clerics. ern Catholic Church with a membership of I shall start with a first person account of my about four million Christian faithful and is the own canonical conversion from prejudice against most numerous among the group of the married priesthood to positive appreciation dur- Churches of the Thomaschristians in India. Till ing the postconciliar revision of Eastern canon the sixteenth century the Church of the Thom- law. This change has left its mark particularly aschristians had the institution of married clerics, on the formulation of canon 373 of the Eastern but it was changed under Portuguese pressure code, the analysis of which will show the canon- in the of Angamaly in 1583 and definitely ical parity between clerical celibacy and the state suppressed in the Synod of Diamper in 1599. of married clerics. Thirdly, on a closer look we Having known only celibate in my life, shall see that this parity is relative, not absolute. I also shared the prevailing prejudice against In the fourth place the two canonical institutions married clergy. This prejudice was reinforced by of clerical marriage of the East and clerical celi- the discipline of I learnt and taught bacy of the West will be shown to be comple- at the Pontifical Oriental Institute, Rome. On mentary rather than contrary. Fifthly and lastly, the Eastern clerics the law in force (ius vigens) we shall consider how the meeting of the East was Pope Pius XII’s Cleri sancti- and the West can be fecund and fruitful if tati (CS) promulgated in 1957. It was marred enriched with interdisciplinary study on the with the common Catholic prejudice against

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married clergy. I shared this prejudice but did diocesan . As pope he met Eastern Catho- not realise it till its reform. lic during their ad limina visit, but they During the postconciliar codification of the would not report specifically about the pastoral Eastern code my prejudice vanished suddenly efficacy of the married priests vis-à-vis celibate and unexpectedly. The story is as follows. I was priests in their diocese or . Would any the relator of the fourth study group on Clerics such report have been welcome? On the subject and Ecclesiastical Magisterium (Coetus IV De of the pastoral service of married priests I felt clericis et de magisterio ecclesiastico). I had to pre- I could safely follow Bishop Herbut whatever be pare and present a revised draft on De clericis to the authority of Pius XII’s Motu proprio. the study group for discussion. But I had no idea I knew no sociological or pastoral survey on whether the canons on the married clergy in Cleri the institution of married clergy vis-à-vis celibate sanctitati needed revision or were to be left as clergy. In the circumstances then I let myself be they were. During the preliminary session I put convinced by the testimony of Bishop Herbut. a question as relator of the study group to one There was something in his voice that rang true of the consultors of the Coetus De clericis, Bishop like the voice of your mother whom you trust Joakim Herbut of Skopje, Yugoslavia: “Bishop without hesitation or cross examination. He was Herbut”, I said, “you have in your diocese both indeed a single witness (testis unicus), canonically celibate and married priests. Do you notice any speaking, but a witness above all suspicion. He difference between them in their pastoral minis- was not being apologetic or trying to change leg- try?” Bishop Herbut answered, “No, there is no islation. He simply stated that in his pastoral difference. For me they are both equal. Both experience celibate priests and married priests celibate and married priests render excellent pas- were equal. Surely there would be details to tick toral service.” That was an oracle for me, an eye- in the debit column and in the credit column of opener. What I heard was an authoritative voice each. But substantially they were both equal. from the pastoral field different from the one What then is one to think about the much touted I had heard from the professor’s cathedra. I sud- superiority of celibacy over marriage? That could dently realised that I had all along been preju- be left to theology. They had to be treated as diced against the institution of married clergy. equal in law. From free exchanges of opinions and remarks In the following session of the study group during the coffee break I learnt that in certain I tabled a motion: “De clericis orientalibus sive Churches married people would want to confess sint caelibes sive uxorati simul agendum est” (East- their sins preferably to married priests in the sac- ern clerics, whether celibate or married, are to be rament of reconciliation or rather than dealt with together). That was said positively, to celibate priests. They feel the former under- implying that the married clerics should not be stand them better. On a closer look it emerged discriminated against in the new code. The that the canons of the Motu proprio Cleri sanc- motion was discussed and it was approved unan- titati of Pope Pius XII reflected the common imously in the study group. And the text became Latin prejudice against married clerics and dis- a subsidiary guideline for Coetus IV in addition criminated against them. to the ten Guidelines for the Pontificia Commis- But was not that conclusion all too hasty and sio Codicis Iuris Canonici Orientalis Recognoscendo premature? Was I not pitting Herbut against (PCCICOR: Pontifical Commission for the Pius XII and siding with a bishop against a pope? Revision of the Eastern Code of Canon Law). Surely there was reason for caution. But had I reported later in Nuntia, the official organ of Pope Pacelli ever met a married priest? I won- PCCICOR, as follows: “With this unanimous dered. He was born in a Roman aristocratic fam- resolution the Group…intended to ensure that ily, had no pastoral experience as priest or future canons would not discriminate against the

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married clergy.”1 This was the practical scope of praxis of the early Church (1 Tim 3: 2-5; Tit 1: 6) the guideline, which has been fully applied in and the tradition of the Eastern Churches, in which the canons of CCEO dealing with the married besides those who through the grace of vocation clergy. These canons are unique to CCEO and choose to observe the celibate life along with all have obviously no counterpart in the Latin code, the bishops, there are also well merited married the new Codex Iuris Canonici (CIC), since the priests (optime meriti presbyteri coniugati). (PO 16) does not admit the institution of The council did not compare clerical celibacy the married clergy. In the light of this guideline and clerical marriage but while commending the law in force (ius vigens) was revised, chiefly clerical celibacy the council “lovingly exhorted can. 68 of Pope Pius XII’s Motu proprio Cleri all who received the priesthood after marriage to sanctitati (CS). This canon was worded as fol- persevere in their holy vocation and to devote lows: their life fully and generously in the service of The celibacy of clerics inasmuch as it suites more the flock entrusted to them.” The council showed worthily and more aptly the clerical state and the its preference for priestly celibacy but declared exercise of divine ministries, according to the that it had no intention to change the different unanimous tradition of the Church both Eastern Eastern . Significantly the council avoided and Latin, is to be held in honour by all. any express assertion of the superiority of priestly [In the original Latin] Caelibatus clericorum eorun- celibacy over the state of married clerics. dem statui ac divinorum ministeriorum exercitio Pope Paul VI forbade discussion of clerical dignius aptiusque respondens, prout fert unanimis celibacy by the judging Ecclesiae cum Orientalis tum Latinae traditio, ab the subject “inopportune for public discussion”. omnibus in honore habendus est. He withdrew the topic from the council floor on According to this canon all the Eastern Catholic 11 October 1965. However, since those who so faithful, and therefore also married clerics, have desired could hand in their opinion in writing the obligation to hold in honour clerical celibacy. 71 Fathers stated that they did not want any The reason given is twofold: celibacy suites more mention of the Eastern discipline of married worthily and more aptly the clerical state in gen- priests, while 2 Fathers (Melkites) wanted explicit eral, and in particular the exercise of “divine treatment of both the celibate and the married ministries”, divina ministeria in Latin, which clergy. The conciliar commission amended the translates the Greek theia leiturgia, meaning the schema on the Decree on the Ministry and Life eucharistic celebration, or in plain English holy of Priests (PO) in the light of 5671 modi. In the mass. vote on 2 December 1965 there were 2243 for and The Second Vatican Council had revalued 22 against, though in the final formal voting 2390 marriage in its pastoral constitution on the were for and only 4 against.2 Church in the Modern World (GS 47-52) and One of the proposals was to add the following expressed appreciation of clerical celibacy with- reason for the celibacy of priests: “the sublime out, however, asserting its superiority over the charge to offer to God, acting in persona Christi, state of married clerics. Likewise in its decree on the sacrifice of the passion and death of the priestly ministry Presbyterorum ordinis the coun- immaculate Lamb on the ” (modus 18). The cil declared that the Church holds celibacy “of Commission rejected the proposal stating, “The the greatest value (permagni habita est) for the proposal seems to affirm that the sacrifice of the priestly life” (PO 16). But, accepting the input mass cannot be offered worthily except by those of the Melkite Maximos IV, the coun- who observe celibacy. Besides it seems to suggest cil added: that celibacy is a requirement for those who offer It is, however, not required by the very nature of the mass because what is offered is the Lamb the priesthood (sacerdotio) as is clear from the without blemish”.3 This modus was but proposing

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the traditional Western justification of clerical Mt 19,12). Correcting the biblical scholars Pope celibacy, namely the need for ritual purity (cf. Pius XII wrote: Ex 19,15; 1 Sam 21,4; Lev 15,16-18) to approach The sacred ministers, however, renounce marriage the holy reflected in the proclamation “sancta not merely to dedicate themselves to the apostolate sanctis!” (“holy things to the holy ones!”) before but also because they serve at the altar. If even the communion. priests of the had to abstain from Here is to be found the main biblical basis the use of marriage while they served in the tem- of priestly celibacy. But according to the Old ple to avoid contracting legal impurity, like the Testament not only priests but all the Jews had other people (cf. Lv 15:16-17; 22:4; 1 Sam 21:5-7; to be “holy” or continent before approaching or cf. St. Pope Siricius, Ep. Ad Himer., 7), how much touching holy things. Thus before David and his more necessary is perpetual chastity for the min- young men were given holy bread to eat he had isters of Christ, who daily offer the eucha- to assure the priest that his men had “kept away ristic sacrifice?7 from women” (1 Sam 21,4). After the construc- Pope Pius XII stressed the a fortiori argument tion of the temple the continence of based on the OT law of ritual purity. During the the OT priests (Lev 15,16-18) was socially assured Second Vatican Council Pope Paul VI forbade by the requirement that they had to be segregated open discussion of clerical celibacy on the council in it during their turn of service. Christians, too, floor and reserved the subject to his pontifical felt bound to observe ritual purity, even as they magisterium, as he did also the subject of birth felt bound by the law of circumcision till it was control and family ethics. After the council Pope abolished by the Jerusalem council (Acts 15). As Paul published his encyclical on priestly celibacy, regards ritual purity, the East carried on with the Sacerdotalis caelibatus.8 In it he defended clerical law of continence implied in the “Sancta sanctis”, celibacy against objections and following his pre- while the West enforced the law of clerical celi- decessors exalted it over the different discipline of bacy virtually erecting a legal temple of segrega- the Eastern Churches. He respected the Eastern tion.4 Along with virginity clerical celibacy was discipline of married clergy (38), but extolled vir- exalted as to marriage by applying the ginity as superior according to the fathers of the categories of OT priesthood to bishops and pres- East themselves (39). Indeed, even in the East byters. There was an a fortiori sprint regarding celibacy is demanded of bishops, who have the the holiness and purity required of the NT highest degree of priesthood (40), implying that priests who touched and offered the very body of the Son of God.5 Such was the biblical theology that under- pinned priestly spirituality as is reflected in a 1 Nuntia 3 (1976), 54. 2 See G. Vivaldi: “Priestly Celibacy from the Canonical recent study of about forty works published in the and Psychological Points of View”, in: R. Latourelle first half of the twentieth century in Europe in (ed.): Vatican II: Assessment and Perspectives, New York: Italian, French, Spanish and English.6 This is Paulist Press, 1989, vol. 3, 131-157. 3 ASCOV IV/VII, 210-211. reflected also in the papal magisterium: Pius X’s 4 B. Verkamp: “Cultic Purity and the Law of Celibacy”, exhortation to the clergy Haerent animo (1908), in: Review for Religious 30 (1971), 199-217. Pius XI’s encyclical Ad catholici sacerdotii fastigium 5 E. Castellucci: Il ministero ordinato, Brescia: Que- (1935), Pius XII’s exhortation Menti nostrae (1950) riniana, 2002, 104-125. 6 R. Ruozi: “La purezza del sacerdote nella spiritualità and his encyclical Sacra virginitas (1954). Accord- del celibato dal Novecento ai nostril giorni”, in: Studia ing to biblical scholars the principal New Testa- Pataviana 61/2 (2014), 439-454. ment reason for renouncing marriage is freedom 7 Pius XII: “Sacra virginitas” (5 March 1954), in: AAS 46 (1954), 169. to dedicate oneself to the service of the kingdom 8 Paul VI: “Sacerdotalis caelibatus” (24 June 1967), in: of God as an apostle (Lk 9,57-62; 14,20, 26; AAS 59 (1967) 657-697, EV 2: 1415-1513.

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in the lower degrees it is only tolerated.9 Pope Paul primaevae et Ecclesiarum orientalium per saecula then exclaims, citing Pope John XXIII, “Chiesa di sancitus in honore habendus est.]11 Cristo, libera, casta e cattolica / Church of Christ, I consider this canon one of my more important free, celibate (literally, chaste) and Catholic” (37). contributions to the Eastern code. In all modesty This sounds like adding to the four traditional and honesty let me say that it is a favourite brain marks of the Church in the Nicene “unam, child of mine. It has earned for me not a little sanctam, catholicam, et apostolicam Ecclesiam” a fifth applause and gratitude from Eastern Catholic mark “et castam Ecclesiam” (one, holy, catholic and priests and scholars. Behind it was a cause, if not apostolic and celibate Church). In their enthusiasm a crusade. To appreciate the implications of can. for clerical celibacy these holy seem to have 373 a short structural analysis can help. The fol- overlooked the fact that celibate clergy constitute lowing table has two parts, which have been only a fraction of the Catholic Church, in which crafted using the technique of parallel construc- 99% of the members are married laypeople. Logi- tion. The first part speaks of clerical celibacy, the cally, even Peter and the other who were second part deals with the canonical state of mar- married would have to be excluded from the Chiesa ried clerics. casta e cattolica! Although thus downgraded, the Eastern Catholic Churches were still in good com- (1) Clerical celibacy, A pany, that of the Apostles! Such reductio ad absur- chosen for the kingdom of heaven (a) dum is the best critique of the fifth mark, the and highly suited to the priesthood (b) celibate Church. The moral of the story: in all according to the tradition of the complexes there is something illogical and irra- entire Church (c) tional, the celibacy complex being no exception. is to be greatly esteemed everywhere; (x)

LIKEWISE, 2. Parity of Celibate and Married Clerics: CCEO canon 373 (2) the state of married clerics, B sanctioned by the practice of the In a single sentence with two well-balanced parts primitive Church (d) can. 373 sets both clerical celibacy and the state and of the Eastern Churches down of the married clergy on a par with each other.10 the centuries (e) This canon affirms that the celibate and married is to be held in honour (y) clerics are canonically equal. The conciliar sources referred to are PO 16, LG 42 and OT 10. Grammatically, the two parts (1) and (2) make The text of the canon reads as follows: up a single compound sentence. Each part con- Clerical celibacy chosen for the sake of the king- sists of a principal clause with two qualifying dom of heaven and highly suited to the priesthood, phrases each. Without these qualifications the is to be greatly esteemed everywhere in accordance canon would read simply as follows: with the tradition of the whole Church; likewise, the state of the married clergy as sanctioned by the (1) Clerical celibacy is to be greatly esteemed every- practice of the early Church and of the Eastern where; Churches for centuries, is to be held in honour. (2) likewise, the state of married clerics is to be held [In the original Latin] Caelibatus clericorum in honour. propter regnum caelorum delectus et sacerdotio tam congruus ubique permagni faciendus est, The predicates in each part (“is to be greatly prout fert universae Ecclesiae traditio; item status esteemed everywhere” and “is to be held in hon- clericorum matrimonio iunctorum praxi Ecclesiae our”) have the same meaning and say the same

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thing in different words. With its parallel structure We reject those who in their pride of and the equilibrium of the two coordinate sen- lord it over those who lead simple lives and intro- tences can. 373 affirms the canonical equality of duce innovations contrary to the Scriptures and the institutions of the celibate clergy and the ecclesiastical canons. We admire virginity united married clergy in the Eastern Catholic Churches. with humility and approve continence united with Their respective subjects are caelibatus (A) and piety and religion. While we approve the humble status clericorum matrimonio iunctorum (B). retreat from the affairs of the world, we also hon- The corresponding first predicate is taken from our the noble cohabitation of the married couples.14 the Second Vatican Council, which states about This synodal letter made mention of those who the Eastern Churches: “The Catholic Church kept away from the offered in the house highly esteems (“magni facit”) the institutions, of married people and “despising married priests liturgical rites, ecclesiastical traditions and way would not receive Holy Communion from the of Christian life of the Eastern Churches” (OE 1). liturgy celebrated by them”. The married priests And the second predicate “in honore habendus were suspected of using their marriage normally est” had been applied by the former partial East- and not observing temporary continence ern code Codex Iuris Canonici Orientalis (CICO) to the liturgy. Defending as worthy of honour to the religious state and to celibacy. the noble cohabitation of the married couples, the Synod of Gangra regarded obligatory celibacy PAL can. 2: Status religiosus ab omnibus in honore as false asceticism, which it condemned as an habendus est (The religious state is to be held in “innovation contrary to the Scriptures and eccle- honour by all).12 siastical canons”. The evidence furnished by this CS can. 68: Caelibatus clericorum…in honore synod goes counter to the thesis of those writers habendus est (The celibacy of clerics…is to be held who have recently asserted that clerical celibacy in honour by all). was a universal law of apostolic origin. Following the tradition both of the West and CCEO now uses the same phrase in honore of the East,15 the taught the habendus est for the counterpart of caelibatus, superiority of virginity over marriage.16 But namely, “status clericorum matrimonio iuncto- rum”. This honour ascribed to the state of the 9 In the early Church celibacy was optional for all clerics married clergy has surprised some commenta- including bishops. Later by order of Emperor Justinian tors, but it has scriptural warrant “Let marriage bishops in the East and in the West had to be celibate for reasons quite different from those of Pope Paul VI. be held in honour among all” (Heb 13,4). It has See below. also canonical precedent in can. 21 (or epilogue) 10 G. Nedungatt: “Celibate and Married Clergy in CCEO of the Synod of Gangra, Paphlagonia, held in Canon 373”, in: Studia canonica 36 (2002), 129-167. 11 G. Nedungatt (ed.): A Guide to the Eastern Code: the year 343. This Synod was reacting to the A Commentary on the Code of Canons of the Eastern excesses of the partisans of Eustathius of Sebaste, Churches, Rome: Pontificio Istituto Orientale, 2002 Armenia, who gloried in their asceticism and (Kanonika; 10), 287-302. despised the ordinary Christian life of married 12 Pius XII: Postquam apostolicis litteris, 1952, can. 2; CIC1917, can. 487. people. According to the church historian 13 Socrates: Historia ecclesiastica II, 43 (PG 67, 353 A). Socrates, “He enjoined on people to avoid as a 14 P.-P. Joannou: Discipline générale antique, 4 vol., Grot- profanation the blessing and the communion taferrata: S. Nilo, 1962-1964 (Pontificia Commissione per la Redazione del Codice di Diritto Canonico of a priest who lived with his wife even if he Orientale: Fonti; 9), vol. 1,2, 98 (“Epilogue”, c. 21). had married her lawfully as a layman.”13 The 15 John of Damascus: La foi orthodoxe, ed. B. Kotter, fathers of the synod that met at Gangra declared Paris : Cerf, 2011 (Sources chrétiennes; 540), 293 (“Virginité”, IV,24). in their synodal letter addressed to the bishops 16 Conc. Trident., sessio XXIV, de matrimonio, can. 10: of Armenia as follows: “If anyone says that the married state is preferable to

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superiority and inferiority are relative, not abso- But this all was felt to be an unnecessary empha- lute, hence in relation to something else. As a sis that could be softened by “everywhere” prophetic sign of the kingdom of God virginity (ubique) without loss of force of law. As regards is indeed superior to marriage, but it is marriage the state of the married clergy no such qualifica- that supplies recipients of the same kingdom, tion has been added, whether “by all” or “every- which virginity cannot do. From this perspec- where,” but both these are implicit. In short, tive marriage is superior to virginity. But in an both clerical celibacy is to be greatly esteemed absolute sense neither of the two is superior to everywhere and by all; and the state of married the other. If the growth of human population clerics is to be held in honour everywhere and needs to be checked in overpopulated countries by all. like China and India, it needs to be promoted But is this “everywhere and by all” to be in France and Italy, where virginity may be seen understood as obliging only the Christian faith- as a social evil. Alarmed by the drop in numbers ful of the Eastern Catholic Churches or also of clerical and religious vocations, the bishops those of the Latin Church? According to CCEO of the Syro-Malabar Church exhorted the mar- can. 1, “the canons of this Code concern all and ried people to produce more babies! We should only the Eastern Catholic Churches, unless as also have regard for charisms in the Church. In regards relations with the Latin Church it is parable of the talents, each one is expressly established otherwise”.17 Since the Latin entrusted with the optimum number of talents Church is not mentioned in can. 373 expressly “according to their ability” (Mt 25,15), so that or even implicitly, the canonical obligation con- to have five talents rather than two is not nec- tained in this canon is limited to the Eastern essarily better or superior. The higher gifts in Catholic Churches and their members. However, the Church are faith, hope and charity (1 Cor in keeping with the opening statement of the 12,31; 13,13), the highest being charity, not chas- Second Vatican Council, “The Catholic Church tity. The Church is called to be the Church of highly esteems the institutions, liturgical rites, charity, not the “Church of chastity” (Chiesa ecclesiastical traditions and discipline of Chris- casta). tian life of the Eastern Churches” (OE 1), all It is to be noted that CCEO can. 373 does Catholics have a conciliar obligation both to hon- not contradict the Council of Trent in affirming our the state of married clerics and to esteem that the state of married clerics is to be held in clerical celibacy. honour even as celibacy chosen “for the kingdom Can. 373 does not require the positing of any of heaven” (Mt 19,12) is to be esteemed highly. particular act of esteem or honour. What is This means that neither celibacy nor marriage is enjoined indirectly is the avoidance of contrary a reason (ratione caelibatus vel matrimonii) to acts, as for example, vilifying married clerics. accord superiority or inferiority to the clerical This obligation is analogous to the one in the state. This norm is similar to the conciliar norm former law, according to which “The religious that by reason of rite (ratione ritus) no Church state is to be held in honour by all” (PAL can. 1). is superior to another Church (OE 3). This does Honour is due to Christian marriage as a mystery not deny that one rite may be richer in contents and the symbol of Christ’s union with the than another although it may belong to a Church Church (Eph 5,32). It would not be per se against that has fewer members. can. 373 to advocate, as some do, the abolition Can. 373 imposes the same obligation on all of the law of statutory clerical celibacy, provided to esteem clerical celibacy on the one hand and celibacy itself is not vilified, which would be to honour the state of the married clergy on the against the canon. Pius XII denounced as false other. In contrast, CS can. 68 only stated that the doctrine that being a , marriage is “clerical celibacy is to be held in honour by all.” superior to virginity, which is not a sacrament.18

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CCEO can. 373 is disciplinary and prescinds The celibacy of clerics inasmuch as it suites more from such doctrinal matters and avoids any com- worthily and more aptly the clerical state and the parison between clerical celibacy and the state of exercise of divine ministries, according to the the married clerics.19 unanimous tradition of the Church both Eastern Can. 373 is a compound sentence with two and Latin, is to be held in honour by all. parts. The two predicates permagni faciendus est [In the original Latin] Caelibatus clericorum (“is to be greatly esteemed”) and in honore haben- eorundem statui ac divinorum ministeriorum exer- dus est (“is to be held in honour”) are equivalent citio dignius aptiusque respondens, prout fert and have practically the same meaning. For unanimis Ecclesiae cum Orientalis tum Latinae example, in the sentence just cited above the traditio, ab omnibus in honore habendus est. Second Vatican Council states: “The Catholic This canon imposes an obligation on all to hold Church highly esteems (magni facit) the institu- in honour clerical celibacy inasmuch as it is supe- tions, liturgical rites, ecclesiastical traditions and rior to the state of the married clerics; for it suits discipline of Christian life of the Eastern better (“more worthily and more aptly”) the Churches.” (OE 1) Again the council states: “the clerical state and the exercise of divine ministries. perfect and perpetual continence for the sake of This double comparative comes from Pope the kingdom of heaven that was commended by Pius XI.22 Divine ministries mean all sacramental Christ our Lord…has always been held of the ministry, especially the celebration of the holy greatest value (permagni habita est) specially for eucharist (holy mass). For this the clerics have to priestly life by the Church” (PO 16). On the be continent. Whereas the East chose to be satis- other hand the phrase “in honore habendus est” fied with the periodic continence of the sacred was applied to the religious state in the former ministers in accordance with the Old Testament ius vigens both Eastern and Latin. “Status religio- sus ab omnibus in honore habendus est” (“The state the state of virginity or celibacy, and that it is better of the religious is to be held in honour by all”).20 and more blessed to remain as a or celibate than to marry, let him be .” See Decrees of the Besides, CS can. 68 used it with reference to Ecumenical Councils, ed. N. Tanner, London-Washing- caelibatus clericorum. Now CCEO can. 373 took ton, DC: Sheed &Ward-Georgetown University Press, it over and applied it to the state of married 1990, vol. 2, 735. 17 J. Abbass: The Eastern Code (Canon 1) and its Application clerics: “status clericorum matrimonio iunctorum to the Latin Church, Bangalore: Dharamram Publica- in honore habendus est (the state of the married tions, 2014 (Dharmaram Canonical Studies; 8). clergy is to be held in honour)”. Someone who 18 Pius XII: “Sacra virginitas”, 175ss. 19 G. Nedungatt (ed.): A Guide to the Eastern Code, noticed this reversal of diction said that CCEO 287-302. This commentary has served as a source for can. 373 has made CS can. 68 to stand on its the present study. head. It has the support of the Letter to the 20 Pius XII: Postquam apostolicis litteris, can. 2 = CIC1917 can. 487. Hebrews in the : “Let marriage 21 As regards 1 Cor 7,32-35, the classical topos for the supe- be held in honour among all” (Heb 13,4), a warn- riority of virginity/celibacy, without undertaking a ing against encratists laying snare to the holiness detailed exegesis, it is to be noted that it should be 21 understood in the Sitz im Leben of the Corinthian of Christian marriage. CCEO can. 373 has thus Church and the general expectation of the imminent the support of scripture, of “the early Church” parousia (second coming of Christ). as well as of the centuries old practice of the 22 Pius XI: “Ad catholici sacerdotii fastigium” (20 Decem- Eastern Churches. ber 1935), in: AAS 28 (1936), 28. After stating that he did not intend to downgrade the legitimate Eastern For a fuller understanding of can. 373 let us discipline, the pope wrote: “sed revera animus Noster now compare it with the previous law of CS eo unice spectat, ut eam veritatem efferamus, quam et can. 68, which it has replaced. That former canon praeclarissimam ducimus catholici sacerdotii gloriam, et quae videtur Nobis Sacratissimi Iesu Cordis consiliis had praised clerical celibacy as superior to clerical ac votis, ad sacerdotum animos quod attinet, dignius marriage. It was worded as follows. aptiusque respondere.”

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prescriptions of ritual purity, the West opted for ity and celibacy must be read against the back- the law of permanent continence, that is, the drop of this Greek cultural context. state of celibacy. The obvious reason was that In the year 410 Synesios of Cyrene of Ptole- the actual clerical practice of periodic continence mais, Libya, declared on being ordained bishop could not be ascertained or controlled. While the by Theophilus, Patriarch of , that he East trusted its sacred ministers, the West chose would neither put away his God-given wife nor to trust law. refuse her what is her due but would have chil- But does tradition both Eastern and Latin dren by her.25 That is also clear historical evi- hold unanimously that celibacy suites the cleri- dence that clerical celibacy was not understood cal state more worthily and more aptly as CS universally as a matter of obligation of apostolic can. 68 claims? According to the pastoral expe- origin. Nor was there any idea that bishops had rience of Bishop Herbut mentioned earlier, to be celibate while marriage of the clergy in the celibate and married priests were equally good lower grades was only tolerated – all late ideas as . Indeed, in the Italo-Albanian Church intent on exalting the clerical celibacy of the the Christian faithful as a whole even preferred Latin Church. married priests. Already in the New Testament Pope Pius XI exalted clerical celibacy as “the times the pastors of the Church in the Pauline outstanding glory of Catholic priesthood” thus Churches were to be married and should have implicitly identifying the Catholic Church with learnt how to administer the ecclesial family the Latin Church and ignoring the institution of from the experience of managing their own married clerics in the minority Eastern Catholic family (1 Tim 3,4-5). Churches. Pope Pius XII did not consider the Gregory of Nyssa was a married man when pastoral dimension of clerical ministry in his CS in 371 he was made bishop by his elder can. 68. Focused on the cultic priesthood it pre- Basil of Caesarea almost against his scribed honour due to clerical celibacy. CCEO will. Gregory wrote a treatise on virginity exalt- can. 373 prescribes both the honour due to the ing it over marriage.23 He avowed his marriage canonical state of married clerics and the esteem and even regretted it without, however, giving due to clerical celibacy.26 This canon has thus personal details. For a proper understanding of restored the right balance. It omits the two com- his treatise it is important to note that he men- paratives “dignius aptiusque” of the pope and of tions a trend exaggerating the superiority of vir- CS can. 68. It affirms that celibacy chosen freely ginity over marriage. His own work then was “for the kingdom of heaven” (Mt 19,12) is a intended as a work of moderation. While for the Christian value to be esteemed highly without Old Testament and in the Jewish tradition vir- prejudice to the honour due to the state of mar- ginity like widowhood was a curse, the New ried clerics. In other words, by reason of celibacy Testament with the life and teaching of Jesus or marriage (ratione caelibatus vel matrimonii) marked a novelty, which Christian writers start- no superiority or inferiority is to be accorded ing with Origen defended and even exalted. They canonically to the clerical state of those who drew on the abundant Greek and Latin literature choose either celibacy or marriage. This norm is on the stock theme of molestiae nuptiarum, with similar to the conciliar teaching that by reason which it was fashionable even for married men of rite (ratione ritus) no Church is superior to to fiddle as a passtime. Platonism, Neoplatonism another Church (OE 3), a statement that cor- and Stoicism patronised such literature despising rects Pope Benedict XIV, who in his constitution the passions of the flesh or body as distracting Etsi pastoralis (1742) had affirmed the superiority from the quiet and divine contemplation of the of the Latin rite and taught that clerical celibacy intellect.24 Gregory of Nyssa’s treatise on virgin- was superior to the state of the married clergy.27 ity like many other Christian writings on virgin- The canonical equality of rites affirmed by OE 3

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does not deny that one rite may be richer in exercise of their ministry and in the conditions contents than another. Similarly, both clerical of life at times very difficult” (no. 48). It is celibacy, which is to be esteemed highly, and astounding that even such a great scholar as Pope clerical marriage, which is to be honoured by Ratzinger can insinuate that the institution of all, according to CCEO can. 473, have their married clergy is but an Eastern tradition whereas respective plus points without there being any the Western tradition was clerical celibacy. arithmetical equality between the two. The variations in the law regarding the institu- tions of celibate and married clerics are not dis- criminations. They show that the parity between 3. Relative Parity the celibate and married clerics is not absolute but relative. According to CCEO can. 180, no. 3 All the canons of title ten of CCEO on clerics to be eligible to the episcopal office the candidate (can. 323-398) apply both to the celibate and to must be a celibate man, “vinculo matrimonii non the married clerics, except a few which are proper ligatus”, that is, not held by matrimonial bond. to either. According to can. 374 “both celibate Widowers therefore can be elected bishops. and married clerics should shine forth with the Can. 247 § 2 bars married clerics from the office splendour of chastity…”. There is a chastity that of the syncellus (which corresponds to the vicar is proper to the married people and to the family. general in the Latin Church), although particular Can. 375 which is proper to married clerics, pre- law may determine otherwise. Even the eparchial scribes that they should give shining example of administrator nominated or elected during the family life. Can. 376 addresses celibate clerics, to vacancy of the eparchy must be a celibate priest whom “life in common is commended”. Can. 390 (can. 227 § 2). Now one may ask: Does not all § 1 affirms the right to support which all clerics this amount to discrimination against married have; but in the case of married clerics “remu- clerics? The answer is that the parity as deter- neration must be adequate for the support of their mined in the code is not absolute but relative. families, unless this has been otherwise sufficiently provided for”. And further § 2 adds: “They also have the right that provision is made for suitable 23 Gregory of Nyssa: Traité de la virginité, ed. trans. M. Aubineau, Paris: Cerf, 1966 (Sources chrétiennes; pension funds, social security as well as health 119). benefits for themselves and their families if they 24 Ibid. 294-295, n. 2 ; M. Spanneut: Le Stoïcisme des Pères are married…”. Finally, can. 393 evokes both de l’Église de Clément de Rome à Clément d’Alexandrie, Paris: Cerf, 1957. celibate and married clerics implicitly: “Clerics, 25 Bishop Synesius of Cyrene: Epistle to His Brother, 105: whatever their condition, should have dear to “What is the charge that can be brought against me? their heart the solicitude for all the Churches…” It was God himself, the law and the holy hand of Bishop Theophilus that gave me my wife. Hence I declare and and be ready to serve wherever there is need. publicly testify that I do not absolutely want to be Pope Benedict XVI in his Post-synodal Apos- separated from her at all nor consort with her secretly tolic Exhortation Ecclesia in Medio Oriente of as an adulterer. The former option will be impious, the latter immoral. Indeed I desire to have many and very 14 September 2012 states: “Priestly celibacy is a good children and I will pray for it. This is not a priceless gift of God to his Church, which is to matter to be kept secret from the ordaining bishop” be received with gratitude both in the East and (PG 66, 1485). in the West, because it represents a prophetic sign 26 In revising CS can. 68 Group IV noted: “In the Orien- tal Churches the honour due to clerical celibacy is not that is ever relevant.” The pope then recalls that threatened, and there is hardly need for a canon for “the ministry of married presbyters is one of the caution. If at all there is need for a canon, it is rather components of the ancient Eastern tradition” and to warn not to despise the married clergy” (Nuntia 3 [1976], 64). encourages them because “together with their 27 Benedict XIV: Etsi pastoralis (26 May 1742), 7, 25, in: family they are called to holiness in the faithful Collectio Lacensis, 2, 516-517.

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The episcopal order is the highest of the three with something very mundane, the administration clerical grades in the Eastern Catholic Churches of the temporal goods of the Church, which at as well as in the Latin Church (CCEO can. 325; first was in the hands of the laypeople and the cf. CIC can. 1009 § 1). In his encyclical Sacerdo- .30 When abuses crept in, local and ecu- talis Caelibatus Pope Paul VI stated that even in menical councils entrusted bishops with that the East celibacy is demanded of bishops, who responsibility.31 But it was found that married have the highest degree of priesthood, implying bishops were also prone to divert the temporal that in the lower degrees it is only tolerated. This goods of the Church occasionally in favour of has suggested to some canonists the idea that their family and children just like married deacons celibacy is intrinsic to ministerial priesthood, and laypeople. Emperor (483-565) at which has its highest degree in the episcopate. For last cut the Gordian knot and found a drastic example Pablo Gefael writes as follows: imperial solution. He forbade bishops to have The oriental discipline regarding celibate bishops, family and children to care for. This “civil law” temporal continence and the matrimonial imped- was later received into canon law at the Council iment of sacred Orders can be understood only in Trullo (692), which is also called Quinisext. under the light of the underlying theological basis This council was for long contested, misunder- of celibacy…The present praxis of the uxorate stood and ignored in the West, but it has recently clergy [must be viewed] as a permissive law of a been restored to its rightful place as an ecumeni- situation less proper to the clerical state.28 cal council in the light of historical scholarship. According to Gefael “the underlying theological Canonically, it counts as the second session of the basis of celibacy” is that the bishop is in a sixth of III “spousal relationship with the Church”. Just as (680-681) and therefore is also called by the queer the marriage bond is an impediment for ordina- name given by Balsamon, the Quinisext Council tion to the priesthood in the Latin Church (CIC (“fifthe-sixth”).32 Receiving officially Justinian’s can. 1042 § 1), so is a married man impeded from civil law into canon law, this council forbade becoming a bishop, who is to be the spouse of ordaining men to the episcopate who were not his Church (diocese/eparchy). This is a good celibate or free from marriage bond (can. 12). example of speculative theology soaring high into Thus the law of episcopal celibacy was canonized. the clouds like a balloon cut loose from the terra Whereas in the West the law of celibacy was bind- firma of history. As the historian of canon law ing on all the higher clerics, it was applied in the and of Roman law Jean Gaudemet has shown, East only to bishops. Presbyters, deacons and sub- it is the canonical prohibition of the transfer of deacons could freely choose between celibacy and bishops that opened the way for the emergence marriage as previously “following the apostolic of a theology of the spousal relationship of the tradition”, but the choice had to be made before bishop to his Church, which has since been (can. 13). An ingenious provision, exploited to shore up the argument not only for which is also amusing, was made for the legal episcopal celibacy but also for the exclusion of separation of the wife of the episcopal candidate women from sacred orders.29 before his ordination. It was as follows. As regards the celibacy of the bishops, as we The wife of one who has been promoted to the saw, it was optional in the early Church as it was rank of bishop, having previously been separated for all the other clerics. Later by order of Emperor by mutual consent from her husband, shall, after Justinian bishops in the Church of the Roman his ordination as bishop, enter a situ- Empire had to be celibate for reasons quite dif- ated far away from the episcopal residence, and ferent from those mentioned either by Pope she shall enjoy benefit from the provision made Paul VI (highest degree of priesthood) or by Pablo for her by the bishop; and if she proves worthy, Gefael (spousal relationship). The problem started she shall be promoted to the dignity of deaconess.33

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It is thus that celibacy became mandatory for Rome. He even brashly accused the Second bishops in the East, and the motive was legal Vatican Council (PO 16) that it erred in stating safeguard of ecclesiastical property.34 Instead a that priestly celibacy was not required in the certain myth has spread in the West that since praxis of the early Church.36 And CCEO can. 373 for the episcopate, the highest grade of ministe- too erred in following the council, he said.37 rial priesthood, celibacy is obligatory in the East, Relying on Christian Cochini, according to in the lower grades marriage is only tolerated as whom priestly celibacy is of apostolic origin,38 a concession. This view is as unhistorical and far-fetched as the ideology of the spousal rela- 28 P. Gefaell: “Clerical Celibacy”, in: Folia canonica 4 tionship between the bishop and his Church, (2001), 75-91, at 90-91. hence a married bishop would be digamous! 29 J. Gaudemet: “Le symbolisme du mariage entre l’évêque Both views have nothing to do with history. et son Église et ses consequences juridiques”, in: Kanon 7 (1985), 110-123. Temporal goods tempted the clergy also in 30 G. Nedungatt: and Church Temporalities: the Western Church. Canon law was enacted Appraisal of a Tradition, Bangalore: Dharmaram Pub- regarding clerics in major orders (hence not only lications, 2000. 31 G. Nedungatt: “The Temporal Goods of the Church bishops but presbyters and deacons) who admin- in the Legislation of the Ecumenical Councils”, in: Folia istered church property that they could not canonica 4 (2000), 117-133. marry validly, a provision that foreclosed the 32 G. Nedungatt/S. Agrestini: “Concilium Trullanum 691-692,” in: G. Alberigo (ed.): Conciliorum oecu- temptation to divert ecclesiastical goods in favour menicorum generaliumque decreta, vol. 1; Turnhout: of the cleric’s family. Here is a frank Western Brepols, 2006, 203-215 (Introduction/Editors’ note [by voice: G.N.]) and 217-293 (canons); G. Nedungatt: “The A historical factor in the promotion of celibacy Council in Trullo Revisited: and the Canon of the Councils”, in: Theological Studies 71 in the was the problem which had (2010), 651-676. already exercised minds in the 5th and 6th centuries 33 G. Nedungatt/M. Featherstone (eds.): The Council – the effort to prevent the alienation of Church in Trullo Revisited, Rome: Pontifical Oriental Institute, 1995 (Kanonika; 6), 130 (can. 48). property, which might otherwise pass into the 34 On the Trullan legislation on the married clergy and possession of the priest’s family. This gave rise in celibacy Constantin Pitsakis states: “It is through the the 12th century to the statutory declaration of the imperial legislation of Justinian that episcopal celibacy was introduced into the canons.” See C. Pitsakis: nullity of the marriage of those in major orders. “Clergé marié et célibat dans la législation du Concile In spite of sharp controversy as the time of the in Trullo: Le point de vue oriental”, in: G. Nedungatt/ , the Council of Trent re-affirmed M. Featherstone (eds.): The Council in Trullo Revis- ited, 263-306. See also P. L’Huillier: “Episcopal Celibacy the principle that clerics in major orders were in the Orthodox Tradition”, in: St. Vladimir’s Theological incapable of contracting matrimony (DS 1809)… Quarterly 35/2-3 (1991), 271-300; Id.: “Mandatory Celibacy – the magisterium held fast to this law, as though As a Requirement for Episcopacy”, in: The Greek Ortho- dox Theological Review 40/1-2 (1995), 213-219; and it were an apostolic regulation, even in Vatican II J. Erickson: “The Council in Trullo: Issues Relating and the documents which have appeared since to the Marriage of Clergy,” in: Greek Orthodox Theo- then.35 logical Review 40 (1995), 183-199. 35 L.M. Weber: “Celibacy”, in: Sacramentum Mundi: This is historical realism that is not intent on An Encyclopedia of Theology, New York-London: Herder exalting clerical celibacy as the showpiece of and Herder-Burns & Oates, 1968, vol. 1, 275-280, at Catholicism vis-à-vis Orthodoxy and Protestant- 276. ism. But it is rare. No wonder then if CCEO 36 R. Cholij: Clerical Celibacy in East and West, Leomin- ster: Fowler Wright Books, 1989. can. 373 was challenged. The first one to chal- 37 Id.: “Celibacy, Married Clergy, and the Oriental Code”, lenge it publicly and doggedly was, ironically in: Eastern Christian Journal 3/3 (1996), 91-117. enough, an Eastern Catholic priest of the Ukrain- 38 C. Cochini : Origines apostoliques du célibat sacerdotal, Paris: Lethielleux-Namur: Culture et Vérité, 1981; trans- ian Catholic Church, Roman Cholij, a doctoral lated as Apostolic Origins of Priestly Celibacy (San Fran- student of the Pontifical Gregorian University, cisco: Ignatius, 1990); second French edition 2006.

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Cholij maintained that the Apostles and later Clerics including bishops were generally married bishops, presbyters and deacons were always and had children like other normal couples. But bound by the law of celibacy. Hence the Eastern observing ritual purity they voluntarily abstained Churches deviated from this apostolic tradition from their wives without any legal constraint. at the Council in Trullo, whereas the Latin The legal enforcement of priestly celibacy in Church has always preserved it. He even argued Thessaly, noted Socrates, was an innovation that celibacy is required by the very nature of introduced by Heliodorus, Bishop of Tricca. To priesthood, contrary to the conciliar teaching uphold his thesis of the apostolic origin of oblig- (PO 16). With scarce knowledge of the Greek atory clerical celibacy Cochini had to try to dis- sources and relying on past Latin polemists, he credit Socrates as a historian!43 even charged the Council in Trullo with falsify- The history of the actual observance of clerical ing the canonical tradition! Cholij and his men- celibacy in the West belies it as “the peak glory tor Cochini won eminent Roman patronage. But of Catholic priesthood”. There was widespread their works were reviewed as critically inept and clerical . The violation of the law of historically deviant by competent scholars39 for celibacy was repeatedly repressed by papal and ignoring such evidence as that of the Apostolic conciliar legislation. For example, the Decretals Constitutions (380) that bishops, presbyters and of Pope Gregory IX contain norms regarding “De deacons “are to be content with their wives they filiis presbyterorum” (I, 17), “De cohabitatione had at the moment of their ordination and not clericorum et mulierum” (III, 2), “De clericis seek union with other women”.40 coniugatis” (III, 3), “Qui clerici vel voventes mat- According to the apostolic tradition the choice rimonium contrahere possunt” (IV, 6).44 The between marriage and celibacy was to be free, Second Council of Lateran (1139) decreed that but the observance of ritual purity prescribed by and higher clerics living in concubi- the Mosaic law was obligatory, a provision which nage were to be punished by deposition or the did not constitute a problem for the gentile con- deprival of their office. verts unlike circumcision. Whereas this tradition Can. 6. We also decree that those in the orders was preserved in the East till Justinian and the of and above who have married or Council in Trullo, it was changed quite early in lived in concubinage are to be punished with the the West. Whereas the East trusted the conscience deprivation of their office and of their ecclesiasti- of the clerics,41 the West, true to its genius, cal benefice… resorted to the law of perpetual continence to Can. 7. Following in the footsteps of our predeces- ensure public confidence in the observance of sors Gregory VII, Urban and Paschal, Roman ritual purity by clerics. It is thus the ways parted Pontiffs, we order that no body is to attend the between the East and the West on clerical celi- masses of those known to have wives and concu- bacy. In Thessaly (in the “West”) clerical celibacy bines…We decree that bishops, priests, deacons, was enforced even with dismissal or degradation subdeacons, canons regular, and professed of offenders, whereas clerical celibacy was left to lay brothers who have presumed to take wives, be observed voluntarily in the East without being thus transgressing their holy vow, are to be sepa- enforced by law. Church historian Socrates rated from their partners…After their separation, (ca. 380-440) wrote: they are to do penance proportionate to the out- In the East all clerics including bishops do abstain rage of their behaviour.45 from their wives; but they do so of their own Such conciliar legislation, however, did not put accord, and not by the constraint of any law. For an end to the practice of clerical marriage and indeed there have been among them many bish- concubinage. Clerical sex scandal was widespread ops, who have had children by their lawful wives and persisted. More than four centuries later the during their episcopate.42 Council of Trent (1563) denounced: “clerics who

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have dedicated themselves to the divine cult live imagery of the two lungs popularised by the poet in the mire of unchastity and the uncleanness of Pope John Paul II.47 Basilio Petrà has qual- concubinage…to public scandal”.46 ified clerical celibacy and clerical marriage as two In the nineteenth century the First Vatican charisms of the Church in a recent book: Celibate Council had to close down before it could get and Married Priests: Two Charisms of the Catho- down to matters of church discipline. But towards lic Church.48 The title may sound challenging or the end of the century a young priest Angelo G. provocative. In fact the book has provoked mixed Roncalli, the future Pope Saint John XXIII, on reactions. But the idea is simple. Just as the a visit to Bova Marina, a small diocese in south- celibate priest more aptly represents Christ the ern Italy, was pained to learn that only one out virgin and is called to set an example to the of a total of sixteen priests there was faithful to Christian faithful, even so the married priest rep- his promise of clerical chastity. Before the Second resents more aptly Christ the spouse of the Vatican Council an Italian retreat preacher with Church and is called to set an example to the vast pastoral experience stated that 30% of priests married Christian couples. This exemplarity is he knew lived in concubinage, adding that he stated in can. 374 of CCEO as follows: “Clerics, should perhaps raise that figure to 40% if not celibate as well as married, should shine forth more. In some South American villages, there is with the splendour of chastity; it is for particular reportedly a custom for a newly appointed parish priest to be provided with a concubine by the Italian translation: Origini apostoliche del celibato sacer- prominent laymen of the parish, who would dotale, Roma: Nova Millennium Romae, 2011. For a strike a bargain with him: “Here is your woman; critical review of Cochini’s book see Peter L’Huillier in Theological Studies 43 (1982), 693-705. take her and leave our wives and sisters alone!” 39 On Cholij’s dissertation see the review by Peter Finally, it is said that in Africa there is no scandal L’Huillier in Sobornost 12 (1990), 180-182. if priests live in concubinage since celibacy is 40 Apostolic Constitutions II, 2, 3; VI, 17, 1. See also widely regarded as alien to the local culture; and M. Metzger : Les Constitutions Apostoliques, Paris: Cerf, 1985-1986 (Sources chrétiennes ; 320, 329), vol. 1, 149 the bishops do not enforce church discipline. The and vol. 2, 347. claim of Pope Pius XI that celibacy is “the peak 41 “The married people have to be their own judges”, glory of Catholic priesthood” seems to need a according to the canons of Dionysius, can. 3 in P.-P. Joannou: Discipline générale antique, vol. 2, 13; distinction between theory and practice. This is also “they have to obey their own conscience” (can. 4). indeed true of the gospel and as a 42 Socrates, Historia Ecclesiastica, V, 22 (PG 67, 637; whole. But at least Catholics generally do not A Select Library of Nicene and post-Nicene Fathers of the Christian Church: Second Series, eds. P. Schaff/ exalt their religion as clerical celibacy is exalted H. Wace, 14 vol., Grand Rapids, MI: Eerdmans, 1978- in the West. This is a sector that needs to be 1979, vol. 2, 132). studied with the help of sociological surveys of 43 C. Cochini: Apostolic Origins, 320-322. 44 Corpus Iuris Canonici, ed. Friedberg, II. pastoral life if such surveys can be applied in an 45 Decrees of the Ecumenical Councils, ed. N. Tanner, vol. 2, area that is so sensitive. 198. 46 Council of Trent, session 25, decree on general reform, can. 14, ibid. 792. 47 Pope John Paul II borrowed this symbolism of the two 4. Complementary Values lungs from the Russian poet theologian V. Ivanov, who first used it in 1930 after he was received into the Celibacy and clerical marriage are complemen- Catholic Church in March 1926 in Rome. Ivanov used to say that he found that Orthodoxy and Catholicism tary Christian values. In the Church of Christ, as complementary, as had done also Soloviev. which is catholic, the Eastern and the Western 48 B. Petrà: Preti celibi e preti sposati: Due carismi della traditions are on the whole complementary, as Chiesa cattolica, Assisi: Cittadella, 2011. The title can be translated as “Celibate and Married Priests: Two has been affirmed by the Second Vatican Coun- Charisms of the Catholic Church”. cil (UR 17). This is suggested poetically by the 49 Synodus Sciarfensis, 1888, ch. 6, art. 7, n° 2.

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law to establish suitable means to attain this so that the tradition of ordaining married men goal.” And can. 375 turns specifically to married has held out.50 clerics: “Married clerics are to offer an outstand- In short, in the Eastern Catholic Churches ing example to other Christian faithful in the clerical celibacy is the canonical discipline only of conduct of family life and the education of chil- a small minority. Nevertheless the ordination of dren.” It may be recalled here that in the Eastern married men is left to particular law by CCEO tradition as a whole, it is chiefly in and through can. 758 § 3, which looks contrary to the guideline that the values of virginity and that the common Eastern discipline is to be cod- celibacy are affirmed and proclaimed. ified in the common code. This may be viewed Clerical marriage, however, is not disciplined as an example of the latinization of the Eastern by the common law of the Eastern Catholic code still lurking as a legacy of CS can. 68. Churches. CCEO can. 758 § 3 says: “As regards According to the Second Vatican Council the admitting married men to sacred orders the par- Eastern discipline is to be observed by the East- ticular law of each Church is to be fol- erners everywhere (OE 4, “ubique terrarum”); and lowed or the special norms established by the they have the right and the duty to do so (OE 5, .” This may look odd since in 19 “iure pollere et officio teneri”). However, in the out of 21 Eastern Catholic Churches married nineteenth century territorial restriction was men are admitted to sacred orders in accordance imposed on the married clergy of the Greek- with the Eastern tradition. It would seem then Ruthenian Catholic Church when in 1880’s its that this common feature should be expressed in faithful emigrated in their thousands to the Amer- the common law of these Churches, which is ican continent. Ministry by their married clergy CCEO. The two exceptions are the Syro-Mala- aroused the protest of the Latin bishops, who bar Church and the Syro-Malankara Church, reported great scandal (“gravissimum scandalum”) which in consequence of the latinizing Synod of to their faithful. So the Congregation for the Diamper of 1599 have the law of obligatory cler- Propagation of Faith decreed on 1 October 1890 ical celibacy. This synod was basically the appli- forbidding Greek Ruthenian married clergy to go cation of the Council of Trent to the Church of to and reside in the USA. In 1913 it decreed that the Thomaschristians with scant attention paid only celibates were to be ordained priests in Can- to its particularity as an Eastern Church. Con- ada. In 1929-1930 three additional Roman decrees sequently the Diamper reform was practically were issued forbidding married priests of Eastern latinization. Although the Dimaperian latiniza- Churches to in North America, South tion as a whole has been the object of much America and Australia. Deprived of ministry in criticism, especially as regards liturgy, there has their own Eastern rite, about 200,000 “Greek- been hardly any criticism of the replacement of Ruthenians” of the Unites States left the Catho- the traditional clerical marriage with the Triden- lic Church for the Orthodox fold.51 The Roman tine clerical celibacy or call for return to the pre- vetoes still held out to protect the Latin faithful Diamper discipline as indicated by the Second from the danger of scandal feared from the pres- Vatican Council (OE 6). ence of married Eastern Catholic clerics. Although In the Syrian Catholic Church, according to according to the then prevalent theology there the Synod of Charfé,49 the ordination of married was no outside the Catholic fold, eternal deacons as presbyters is subject to the permission perdition of thousands of Eastern Catholics was of the patriarch. In the Coptic Catholic Church preferred to scandalizing one of the least Latin clerical celibacy was made obligatory by the faithful. The Roman decrees were not withdrawn union Synod of Alexandria (1898), but this formally, but they were practically ignored also synod was not effectively promulgated and its by the concerned authorities when the Eastern disciplinary norms have remained a dead letter, Catholic married clerics ignored the vetoes and

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started to minister in forbidden territory. And a ecclesiastical circumscriptions or jurisdictions new customary law started developing.52 Accord- have been erected in the West. And the fear of ing to common law in fact both Latin and “serious scandal”, which formerly alarmed the Oriental, “a custom, whether contrary to or apart Latin bishops and alerted the Vatican, was from the law, is revoked by a contrary custom or replaced with normalcy and at times even a fas- law” (CIC can. 28, CCEO can. 1509). In short, cination for the East. The Eastern discipline of contraries were moving closer to be complemen- optional celibacy has suggested to associations of taries. Latin priests in certain countries like the United The latest development in this scenario is that States the idea to petition the authorities to on 14 June 2014 the Congregation of the Orien- introduce the Eastern discipline of optional tal Churches, with the approval of priestly celibacy also in the West. The overt given on 23 December 2013, lifted those prohibi- motivation is pastoral, to let “Catholic faithful tions thus allowing the Eastern married clergy to have full access to the sacramental life of the be ordained and function also outside the tradi- Church.” The alleged superiority of the Western tionally Eastern territories where there is an East- discipline of clerical celibacy does not seem to ern hierarchy (metropoly, eparchy, exarchate). be a concern any more. The matter is under Secondly, in Ordinariates for Eastern faithful study. having no hierarch of their own the same faculty Such study should naturally start with the is given to the Ordinary, who however has to . It sometimes happens that a Latin biblist inform the respective as is anchored to his dogmatic moorings rather than well as the Congregation for the Oriental to the inspired text in discussing priestly celi- Churches. Thirdly, the above faculty is reserved bacy,54 thus passing for an erudite scholar but to this same Congregation elsewhere where the Eastern Catholic faithful are entrusted to the care of the Latin bishops.53 With the papal approval 50 Synodus Alexandrina, 1898, section II, ch. 3, art. 7, n° 1. According to Jacques Masson, S.J., an expert on these norms have the same force as the canons the Coptic tradition, the Latin text of this union synod of the Eastern code and are to be regarded as was never translated into and the disciplinary complementary to them. Thus a glaring discrim- norms were never executed. In 2004 there were fifteen married priests in the Coptic Catholic Church, ination against married clerics sanctioned by the although the previous Patriarch Stephanos I Sidarouss Apostolic See of Rome for decades has at last did not want married priests in his eparchy. But the been eliminated, albeit without invoking the other bishops wanted them. The sitting bishop of , Mgr. Johannes Zakaria, is the son of a priest. equal dignity of the East or the respective char- 51 V. Pospishil: Compulsory Celibacy for the Eastern Cath- isms and the complementarity of the East and olics in the Americas, Toronto: Ukrainian Catholic the West. Women’s League, 1977; also in Diakonia 11 (1978), 133- 156; 259-289. 52 G. Nedungatt: “USA: Forbidden Territory for Mar- ried Eastern Catholic Priests”, in: The Jurist 63 (2003), 5. East and West Meet 139-170; Idem: “Latin-Oriental Relations in the United States of America”, in: Journal of St. Thomas Christians 14 (2003), 22-54. “East is East, and the West is West; the twain 53 Congregatio pro Ecclesiis Orientalibus: “Pontificia shall never meet.” This famous prophecy of Rud- praecepta de clero uxorato”, in: AAS 106 (June 2014), yard Kipling has steadily been proving wrong. 496-499. 54 For an example see I. de la Potterie: “Il fondamento With the massive migration of Eastern Chris- biblico del celibato sacerdotale”, in: Solo per Amore: tians, both Catholic and Orthodox, to the West Riflessioni sul celibato sacerdotale, Milan: Paoline, 1993, there have been better mutual understanding and 11-26. This biblist cites fourth century sources but neglects the OT background of cultic purity, which has appreciation of the East and of the West. Many been historically decisive for the appearance of the law Eastern Catholic particular Churches and other of Christian priestly celibacy.

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may be no reliable guide. The Jewish scholar tical, or pastoral theology. If sociological and Jacob Neusner writes: “There is a solid link pastoral surveys can be useful in the case of the between the priesthood and cultic purity”, which study of the Christian family, which is currently is affected by “bodily liquids like male semen and occupying the attention of the Catholic Church, female menstruation”.55 These physiological facts such surveys can furnish also facts about the effi- supply the key to the understanding of the so- cacy of the pastoral service of celibate and mar- called “apostolic origins” of priestly celibacy as ried priests respectively. The canonical option well as the exclusion of women from the service between these two institutions would depend at the altar. Here an anthropology is at work that ultimately on ecclesial discernment. Pope Francis is shared also by the gentile religions. Canonists seems to be open to an open discussion in the should be wary of making absolutes of law and Church in the matter of celibate or married tradition that depend on such contingent cultural priesthood as in the matter of family ethics. factors.56 The motivation of the Latin rite priests of the Latin bishops on the whole support their cur- United States who have petitioned for optional rent priestly discipline and disagree that celibacy priestly celibacy is pastoral: to let “Catholic faith- is a barrier to the recruitment of clerical candi- ful have full access to the sacramental life of the dates. The post-Vatican introduction of the ser- Church”, as was stared in a petition. To my vice of married deacons has been a relief but not knowledge there has been no wide-ranging soci- a fully satisfactory solution. Parishes keep closing ological survey of celibate and married clerics to or coalescing with neighbouring parishes often ascertain the comparative pastoral efficacy of with communion service replacing the holy mass. their service. Such a survey has to be a common, Pope John Paul II repeatedly and strongly Latin-Oriental, initiative. A merely Latin initia- defended priestly celibacy calling it a timely chal- tive may strike as being aggressive. A purely East- lenge for contemporary society. He believed that ern initiative may not be viable on a vast scale a married priesthood would create bigger prob- and therefore may not yield the desired results. lems than those the proposal intends to solve. A joint venture can help open up Eastern space Surprisingly the experience of the Eastern Cath- and Western space in view of a common com- olic Churches, which have the institution of mar- prehensive study. ried priests, is not seriously looked into or stud- What would be the reaction of the world reli- ied. Intriguingly, the motto Ex oriente lux (“Light gions and the world media to such a survey? The from the East”) is not heard in this connection. Jews, “elder brothers of the Christians in faith” It would only be reasonable to ask if clerical mar- regard marriage and maternity as divine blessings riage has supplied the solution to these Churches whereas virginity and barrenness are a curse, as or in spite of clerical marriage the same problems is the view of the Hebrew Bible: “Cursed be the afflict them. man who does not raise up an offspring for In my case, light came from the testimony of Israel” (Dt 25,9). According to Jacob Neusner, Bishop Joakim Herbut, as I said at the beginning, in Rabbinic Judaism “celibacy and abstinence that in their pastoral service celibate and married from sexual life were regarded as sinful”.57 In priests were equal. It made a difference in my Islam, marriage is an obligation; celibacy is approach to the question of celibate and married strongly discouraged, although not condemned. priests, resulting in the formulation of CCEO In Buddhism and Hinduism, marriage and fam- can. 373. This canon establishes the canonical ily are the normal choice of ordinary people, parity of the discipline of clerical celibacy and while monasticism with celibacy is the choice of the state of married clergy. It leaves untouched the few. Among other Christian denominations the question of the superiority of the one over whether Orthodox or Protestant married clergy the other from the standpoint of dogmatic, mys- is the norm, clerical celibacy being exceptional,

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except generally with monks and . For the the Apostolic See of Rome? Can a married Angli- world media then the proposed survey may can bishop received into the Catholic Church and appear as a bold, albeit belated, step of the Cath- eventually promoted as a cardinal be elected pope? olic Church to catch up with the modern world. Is CCEO can. 180, no. 3 stipulating that only According to the New Testament evidence celibate clerics are eligible to the episcopal office Jesus Christ was a celibate. But Jesus called both to be abolished? This would be a return to the the married and the unmarried to be his disciples pre-Trullan/pre-Justinian discipline of parity and apostles. The Church has called both celibate between married and celibate clerics, not exclud- and married people to the sacred ministry. Cel- ing bishops. This would take the Church closer ibacy is a messianic gift, a charism, a grace given to that of the Church of the Apostolic age. It to a few but it is not within the grasp of all (cf. would be a great “return to ancestral traditions” Mt 19,12). It renders the minister of the Church (OE 5). Then East and West will not only meet, more like its virginal founder, filled with the then East and West will not only breathe with Spirit of God and wholly dedicated to the king- two lungs, then beyond East and West the dom of God.58 In a world that is inclined to Church will be united in one heart. mundane values celibacy is indeed a challenge and enduring proclamation of the higher values 59 55 J. Neusner: “La purità e il sacerdozio nelle Scritture by affirming the power of the kingdom of God. ebraiche e nella Tradizione Rabbinica”, in: Solo per But such an appraisal of the celibacy of Jesus Amore, 122-130, at 123 and 126. Christ cannot be transferred to his disciples, who 56 A.M. Stickler: Il celibato ecclesiastico: La sua storia e i suoi fondamenti teologici, : Libreria Editrice were mostly married people, more than ninety Vaticana, 1994. percent! Nor did the Apostles appoint only cel- 57 J. Neusner: “Rabbinic Judaism in Late Antiquity,” in: ibate elders in the Churches they founded. No M. Eliade (ed.): Encyclopedia of Religion, vol. 12, New York: Simon & Schuster-Macmillan, 1995, 185-192, at one should be beguiled by the thesis about the 188b. apostolic origin of clerical celibacy. Prejudice 58 According to the council, priestly celibacy fits well with against marriage has been endemic to the Cath- the symbolism of Christ, the Bridegroom of the Church olic Church. The Orthodox Churches are not (PO 16). Some view this symbolism as decisive for the exclusion of women from priesthood. If this symbolism affected by it. The Eastern code upholds both were to have such canonical consequences, it should also the celibate and married priesthood in canonical argue for obligatory married priesthood, since it is a equality. married priest rather than a celibate one who represents better Christ the Spouse of the Church. In a comprehensive East-West survey of cler- 59 Synod of Bishops: The Ministerial Priesthood (30 ical celibacy and marriage in view of an interdis- November 1971), EV 4: 1155-1237, “celibacy” part II, I, ciplinary study a test question could be the fol- 4 (EV 4: 1205-1220). In his Apostolic Exhortation Pastores dabo vobis (29, EV 13: 1294-1298) Pope John lowing. The Apostle Peter was married; can a Paul II relates priestly celibacy to ordination as a choice married bishop become the successor of Peter in of total and undivided love for Christ and the Church.

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• Summary Celibate and Married Clergy on a Par in the Eastern Code

To exalt clerical celibacy as the ried clerics are barred from certain George Nedungatt, SJ, is peak glory of Catholic priesthood, offices such as that of the bishop emeritus professor of the Fac- as is sometimes done even by or syncellus (vicar general). How- ulty of Canon Law of the popes, is to ignore that in the ever, the differing canonical dis- Pontifical Oriental Institute Eastern Catholic Churches, ciplines of the East and of the (PIO), Rome, since 2003. He except two out of twenty-three, West are to be regarded as com- currently resides in Dhar- there are both lawfully married plementary, so that it would be maram Vidyakshetram, Ban- priests and celibate priests. aberrant to absolutise celibacy as galore, India, where he teaches Although these Churches consti- configuring the priest to Christ. philosophy of law and theol- tute a small minority, in their Apart from all theory, we still lack ogy of law. He has published common canon law there is legal sociological surveys and interdis- twenty books and 250 articles. parity between the celibate and ciplinary studies about the way His latest book is: For the the married priesthood. Canon the two canonical disciplines are Renewal of Canon Law: An 373 of the Eastern code establishes received by the Christian faithful Indian Contribution, Dharm- this canonical parity for the first and the comparative pastoral effi- ram Publications, Bangalore, time in the history of the Church. cacy of each. 2015. This parity, however, is not abso- lute but relative in that the mar-

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