Folia Canonica 11. (2008)

STUDIES - George Gallardo-Dimitri Salachas: The "ritus sacer" of the Sacrament of Marriage in the Byzantine Churches

THE “RITUS SACER” IN THE BYZANTINE CHURCHES

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In particular we refer to the celebration of the sacramental mystery of crowning (matrimony) in the Byzantine tradition, all imbued with biblical spirit, and underlining the mystery of human life and its relationship to the creative work of God.9

When we compare the Latin theology on the essence of marriage with that of the Eastern Churches, although their doctrinal value is identical, a legitimate diversity emerges in its presentation. Consequently, this diversity is present in the canonical norm and liturgical celebration of marriage. One should not then be surprised to see some aspects of the “great mystery/marriage” presented differently by the Christian East.10 *

The doctrine contained in the Council of Trent and the Council of Florence", and the papal documents that followed, formed the basis of classic Roman theology. It classified the ends of contractual marriage, elevated to a sacrament by Jesus Christ, that is, the generation of offspring, the remedy for concupiscence, and the mutual support. The norms of the 1949 motu proprio Crebrae allatae for Eastern Catholics12 and of the 1917 Latin code13, with their doctrinal aspects were studied and reformulated by the fathers of Vatican II in the pastoral constitution Gaudium et spes, but with a deeper biblical and personalist vision.

The previous theology contained in the codes was imbued with a predominantly contractual vision, in that the efficient cause of the sacrament of matrimony was properly seen as the mutual consent of the couple14. It laid stress on the “contractum matrimoniale inter baptizatos,” elevated by Christ to the dignity of a sacrament. As for the ends of marriage, both the Latin and Eastern norms focused on the distinction between procreation and education of children as a primary end, and mutual support and a remedy for concupiscence as a secondary one.15

The constitution Gaudium et spes, reflecting on the biblical concept of matrimony as interpersonal covenant of common life and of love between the

9 G. Gallaro, The Mysteries of Vocation, in Comparative Sacramental Discipline in the CCEO and CIC, ed. F. Marini, Washington (DC) 2003, 181-203; D. Salachas, II Sacramento del matrimonio net nuovo diritto canonico orientale, Roma 1994, 15-45; J. Prader, Il matrimonio in Oriente e in Occidente (Kanonika 1), Roma 2003, 15—30.

10 Unitatis redintegratio, 17.

“Tanner, 2, 684—689; 753-774; Council of Trent, session 7: On the sacraments, canon 1, 684; session 24: On the sacrament of marriage, canon 1, 754; Tanner, 1, 534—559; Council of Florence, session 8: On the union with the Armenians, n. 16, 550.

12 See AAS 41 (1948) 89-119; V. Pospishil, The Law on Marriage, Chicago 1962.

13 R. Roberts, Matrimonial Legislation in Latin and Oriental Canon Law, Westminster (Md) 1961.

14 Tanner, 1, 534-559, ap. const. Exultate Deo, 550; see also 1917 Code, c. 1012 and Crebrae allatae, c. 1.

15 See The 1917 Pio-Benedictine Code of Canon Law, cur. E. Peters, San Francisco 2001, 351 and Pospishil, 39.