Blessing question

[Vico]

It’s called a Radical Sanation.

I had one when I returned to the Church. My wife didn’t want to go though a convalidation, so after several months of prayer, etc. I worked out a Radical Sanation, which the Bishop approved.

The Radical Sanation is addressed in Canon Law #1161

And there may be multiple dispensations are part of it, including for the form of marriage.

They also describe it as “convalidation without the renewal of consent”.

 

[Minion_w_a_drum]

It also means that the couple themselves do not believe that they are married, so it is in their eyes also. If it is believed by either that the marriage is valid, then new consent cannot be given, so a retroactive convalidation would need to be used.

What is a retroactive convalidation?

 

[Vico]

What is a retroactive convalidation?

The radical sanation (sanatio in radice) translated as “healing in the root” is “convalidation without the renewal of consent”. It can be used to correct mistakes such as when a needed dispensation from disparity of cult was not obtained, or when the priest or deacon did not receive proper delegation to assist at the marriage. Inability to give new consent is also a reason for it.

Two examples are given by the Diocese of Honolulu, which I highlighted to show that *new consent *could not be given:

Example 1: Sally is Protestant and Juan is Catholic. They married in a service in Sally’s Protestant community but with no dispensation from Juan’s Catholic bishop. Now Juan finds out that he cannot receive Holy Communion when he attends Mass because his marriage is not recognized by the Catholic Church. But Sally sees no reason to go through a new marriage ceremony in a Catholic Church because she believes that she is already married. Juan talks to his priest about the situation and his priest suggests a radical sanation.

Example 2: Malia is not baptized and Joe was baptized as a Catholic but a priest yelled at him once and now he refuses to have anything to do with the Catholic Church. Malia and Joe marry before a judge. Now, however, Malia discovers the joys of the Catholic faith and wants to be baptized. However, the deacon in her parish, who directs the RCIA program, tells her that her marriage is not recognized by the Catholic Church and that she needs to get the marriage validated. Malia is upset because she knows that Joe will never go through a marriage ceremony in the Catholic Church. So the deacon suggests a radical sanation.

Canon Law (Latin and eastern)

CIC
1161 §1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent, which is granted by competent authority and entails the dispensation from an impediment, if there is one, and from canonical form, if it was not observed, and the retroactivity of canonical effects.

CCEO
848 §1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent, granted by competent authority and including a dispensation from an impediment, if there was one, and from the form for the celebration of marriage required by law, it if was not observed, and the retroactivity into the past of canonical effects.

 

[Minion_w_a_drum]

The radical sanation (sanatio in radice) translated as “healing in the root” is “convalidation without the renewal of consent”. It can be used to correct mistakes such as when a needed dispensation from disparity of cult was not obtained, or when the priest or deacon did not receive proper delegation to assist at the marriage. Inability to give new consent is also a reason for it.

Two examples are given by the Diocese of Honolulu, which I highlighted to show that *new consent *could not be given:

Example 1: Sally is Protestant and Juan is Catholic. They married in a service in Sally’s Protestant community but with no dispensation from Juan’s Catholic bishop. Now Juan finds out that he cannot receive Holy Communion when he attends Mass because his marriage is not recognized by the Catholic Church. But Sally sees no reason to go through a new marriage ceremony in a Catholic Church because she believes that she is already married. Juan talks to his priest about the situation and his priest suggests a radical sanation.

Example 2: Malia is not baptized and Joe was baptized as a Catholic but a priest yelled at him once and now he refuses to have anything to do with the Catholic Church. Malia and Joe marry before a judge. Now, however, Malia discovers the joys of the Catholic faith and wants to be baptized. However, the deacon in her parish, who directs the RCIA program, tells her that her marriage is not recognized by the Catholic Church and that she needs to get the marriage validated. Malia is upset because she knows that Joe will never go through a marriage ceremony in the Catholic Church. So the deacon suggests a radical sanation.
​

Thanks Vico. I’d like to pose a 3rd example, one which would mirror a person that I know.

Sharmane and Mirko are both civilly divorced catholics who were married in the catholic church, way back in the day. Neither received an annulment but nonetheless went to Vegas and married at the Elvis Presley Chapel of Blue Suede Shoes (obviously not a catholic sanctioned marriage venue.) One day with their x’s both deceased they go to the local parish to “make things right.” Both believe they are married to each other, but basically decide to jump through the hoops just in case Jesus in Heaven judges them one day in the precise manner that the catholic church suggests he will.
would this be a case of radical sanation?
Would it be sacrilege for Sharmane and Mirko to act in this manner?
If they merely jump through this hoop to appease church rule, are they being subordinate to the church?

I’m sure you think I’m being cynical, but honestly this is pretty accurate description of where the person that I know is. I’m not sure what to tell this person so I say nothing. This person may be 100% wrong but this person’s belief is there is nothing wrong with this sort of action and thinking. This person has really decided that the RCC is way off base on their stance on marriage, but this person would consider the above option. Honestly I believe, at least at this time, this is the only option that this person would consider.

Thanks.​

 

[Vico]

Thanks Vico. I’d like to pose a 3rd example, one which would mirror a person that I know.

Sharmane and Mirko are both civilly divorced catholics who were married in the catholic church, way back in the day. Neither received an annulment but nonetheless went to Vegas and married at the Elvis Presley Chapel of Blue Suede Shoes (obviously not a catholic sanctioned marriage venue.) One day with their x’s both deceased they go to the local parish to “make things right.” Both believe they are married to each other, but basically decide to jump through the hoops just in case Jesus in Heaven judges them one day in the precise manner that the catholic church suggests he will.
would this be a case of radical sanation?
Would it be sacrilege for Sharmane and Mirko to act in this manner?
If they merely jump through this hoop to appease church rule, are they being subordinate to the church?

I’m sure you think I’m being cynical, but honestly this is pretty accurate description of where the person that I know is. I’m not sure what to tell this person so I say nothing. This person may be 100% wrong but this person’s belief is there is nothing wrong with this sort of action and thinking. This person has really decided that the RCC is way off base on their stance on marriage, but this person would consider the above option. Honestly I believe, at least at this time, this is the only option that this person would consider.

Thanks.

So the situation is two Catholics that are free to marry who are living as husband and wife in a civil marriage.

For a simple convalidation: Can. 1157 The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning.

So when that new act will not be forthcoming, then the only other possibility is a radical sanation. The sanation can be granted retroactively from the moment the consent was given but not if the consent was later revoked.

You use the phrase “jump through this hoop”, which implies that it is a trick for entertainment. Far from it, since the Church has the power to bind and loose sins, it has authority in moral matters. A Catholic is bound to the laws for a valid marriage and this includes the Catholic form of marriage, which can be dispensed with a radical sanation.

See what has to be answered for a radical sanation, which “may be a pastorally beneficial service to a couple when the following circumstances come together:”:

1. A simple convalidation is impossible because:
   
   a. one party refuses to give new consent; or
   b. there is a strong possibility that a convalidation would be defective – that is, the consent manifested by one or both parties would be defective or lacking; and/or
   c. scandal might be caused to a community, or the consciences of the couple would be seriously disturbed, were an invalidating impediment revealed and new consent asked for.​
   AND
2. Their marriage is found to be invalid by reason of:
   
   a. lack of canonical form; or
   b. lack of proper delegation of the minister’s faculties; and/or
   c. an undispensed impediment (e.g., disparity of worship, consanguinity, etc.).
   ​
   la-archdiocese.org/org/vcs/Documents/Radical%20Sanation%20(Instructions).pdf

 

[Minion_w_a_drum]

Vico, you wrote:
So when that new act will not be forthcoming, then the only other possibility is a radical sanation. The sanation can be granted retroactively from the moment the consent was given but not if the consent was later revoked.

I understand this to mean the sanation is retroactive to the beginning of this civil marriage? thus validating the marriage from the time it started in Vegas?
How about the next part? “but not if the consent was later revoked.” I don’t understand what you are saying…

 

[Vico]

Vico, you wrote:
So when that new act will not be forthcoming, then the only other possibility is a radical sanation. The sanation can be granted retroactively from the moment the consent was given but not if the consent was later revoked.

I understand this to mean the sanation is retroactive to the beginning of this civil marriage? thus validating the marriage from the time it started in Vegas?
How about the next part? “but not if the consent was later revoked.” I don’t understand what you are saying…

If the date of the celebration was in Vegas, and the consent was valid, then it had to continue to the present, or if it became valid later, then the retro-activity would be to that date (the date would have to be supplied with the application). The sacrament begins on the grant date, but the canonical effects go back to the valid and perduing consent date. A canonical effect is the legitimation of children, but the marriage itself is not a canonical effect.