Folia Canonica 4. (2001)

STUDIES - Pablo Gefaell: Clerical Celibacy

CLERICAL CELIBACY

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restrictions are still in force is crystal clear since the clarifications given by the Roman Oriental Congregation during the elaboration of the new particular Law for the Byzantine Metropolitan Church sui iuris of Pittsburg (U.S.A.).6 A different question is the suitability of maintaining those limitations or not, something that presently is also a matter of study by the ecclesiastical authority.

There is no question that the particular laws established by some Churches sui iuris (ex. gr. the syro-Malabar Church)7 have not been abrogated by the general normative of the CCEO on married clergy because - as we have just seen - the Code does foresee the possibility of existence of restrictive laws and, therefore, they are not to be considered as being contrary to the canons of the oriental Code.

After this discussion (which in reality is simply about the autonomy of the legislative power of each sui iuris Church), now we can give a look at the specific oriental discipline on clerical celibacy.

According to the oriental discipline, deacons and priests can be celibates or married, but if they have been ordained as celibates they cannot get married after the ordination. Moreover, if a married man, once ordained, becomes widower or his marriage is declared null, later he will not be able to marry again.8 In fact, both for Latins and for Orientals holy Orders constitute an impediment for marriage (CCEO can. 804 = CIC can. 1087). Besides, according to the oriental discipline, the bishops always have to be celibate (CCEO can. 180, 3°). The offices of protosyncello (General vicar) and syncello (Episcopal vicar) are also reserved to the celibate priests, barring a contrary disposition of the particular law of his own Church sui iuris (CCEO can. 247 §2). This is due to the relationship of these offices with the episcopate, because frequently their holders are bishops or very probably they will become bishops in the future.

6 Cf. N. Rachford, Norms of Particular Law for the Byzantine Metropolitan Church sui iuris of Pittsburg, USA and its Implications for Latin Dioceses, in CLSA Proceedings 62 (2000) 233-243 [specially 238-241],

7 Even if Latin rule in Malabar went against a context in which the praxis followed was similar to that of the Persian Church, as it can be seen in decree XVI of the Synod of Diamper. Cf. SCARIA Zacharia (ed.), The Acts and Decrees of the Synod of Diamper (1599), Edamattan (Kerala) 1994, 164-166.

8 This is valid for all the Oriental Churches, catholic and orthodox, with the exception of the Assirian Church of the East (eastern orthodox) that - as we will see - from the VIth century allows the second marriage to widower priests and deacons. For the Coptic Church see S. K. SAMIR, Remariage des prêtres veufs? L’attitude du patriarche copte Gabriel II Ibn Turayk (1131-1145), in Proche-Orient Chrétien 44 (1994) 277-282.