Canon Law: Which holy days of obligation apply?

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Also lets look at the USA decree:

adoremus.org/CanonSunHolyDay.html

To quote part of it:

In addition to Sunday, the days to be observed as holy days of obligation in the Latin Rite dioceses of the United States of America, in conformity with canon 1246, are as follows:

January 1, the solemnity of Mary, Mother of God
Thursday of the Sixth Week of Easter, the solemnity of the Ascension
August 15, the solemnity of the Assumption of the Blessed Virgin Mary
November 1, the solemnity of All Saints
December 8, the solemnity of the Immaculate Conception
December 25, the solemnity of the Nativity of Our Lord Jesus Christ
Whenever January 1, the solemnity of Mary, Mother of God, or August 15, the solemnity of the Assumption, or November 1, the solemnity of All Saints, falls on a Saturday or on a Monday, the precept to attend Mass is abrogated.

This decree of the Conference of Bishops was approved and confirmed by the Apostolic See by a decree of the Congregation for Bishops (Prot. N. 296/84), signed by Bernardin Cardinal Gantin, prefect of the Congregation, and dated July 4, 1992.

As president of the National Conference of Catholic Bishops, I hereby declare that the effective date of this decree for all the Latin rite dioceses of the United States of America will be January 1, 1993, the solemnity of Mary, Mother of God.

Given at the offices of the National Conference of Catholic Bishops in Washington, DC, November 17, 1992.

Most Reverend Daniel E. Pilarczyk
Archbishop of Cincinnati
President, NCCB

Monsignor Robert N. Lynch
General Secretary
Note the territorial wording : “in”. In the Dioceses…of the USA.

Not: “the Faithful are except where-ever they are… cause they are of the USA Dioceses”…
 
Bookcat said:
I repeat what I have noted above (regarding the aspects of territory, universal law, not being a “dispensation” etc)
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Yes. I know you keep repeating it. And I keep repeating that I know it isn’t always a dispensation.

I’m not just talking about dispensations. I’m writing about being loosed from the law by some legitimate reason, not only dispensations.

In general, when one is loosed from the law in ones home territory, one continues to be loosed from the law when traveling.
 
Also lets look at the USA decree:

adoremus.org/CanonSunHolyDay.html

To quote part of it:

In addition to Sunday, the days to be observed as holy days of obligation in the Latin Rite dioceses of the United States of America, in conformity with canon 1246, are as follows:

January 1, the solemnity of Mary, Mother of God
Thursday of the Sixth Week of Easter, the solemnity of the Ascension
August 15, the solemnity of the Assumption of the Blessed Virgin Mary
November 1, the solemnity of All Saints
December 8, the solemnity of the Immaculate Conception
December 25, the solemnity of the Nativity of Our Lord Jesus Christ
Whenever January 1, the solemnity of Mary, Mother of God, or August 15, the solemnity of the Assumption, or November 1, the solemnity of All Saints, falls on a Saturday or on a Monday, the precept to attend Mass is abrogated.

This decree of the Conference of Bishops was approved and confirmed by the Apostolic See by a decree of the Congregation for Bishops (Prot. N. 296/84), signed by Bernardin Cardinal Gantin, prefect of the Congregation, and dated July 4, 1992.

As president of the National Conference of Catholic Bishops, I hereby declare that the effective date of this decree for all the Latin rite dioceses of the United States of America will be January 1, 1993, the solemnity of Mary, Mother of God.

Given at the offices of the National Conference of Catholic Bishops in Washington, DC, November 17, 1992.

Most Reverend Daniel E. Pilarczyk
Archbishop of Cincinnati
President, NCCB

Monsignor Robert N. Lynch
General Secretary
Note the territorial wording : “in”. In the Dioceses…of the USA.

Not: “the Faithful are except where-ever they are… cause they are of the USA Dioceses”…

Absolutely nothing about the Faithful of those Diocese’s being personally loosed from the obligation…even if they are in Rome. The language is “in”.

Hence the too regarding Universal Laws – where they are NOT in effect in a territory- those who are “physically there” are not bound to follow them while they are there - even though they are in effect in their home!

Territory. Not persons.
 
Amendment to my posts above:

It may well be that one is not bound.

I noted -it was my understanding that was noted above (and recalled others holding the same). But as I noted - I can have been -incorrect.

I have now seen some (even a couple Canon Lawyer’s) who have said that one is not bound to attend Holy Day Mass in a Country one is visiting -(I still seek further more definitive sources) - if such is not binding in your home Diocese. So if that is the case I am happy to know it.
 
And the document from the USCCB proves that those living in the US are loosed from the obligation on Solemnities which are not obligatory in the US.

Since they are loosed in their home territory, they are loosed when they travel.
 
So, uhm, if I’m a US citizen who just recently moved to Germany, but does not have a “home diocese” yet, but I’m visiting family in an unfamiliar part of the US, whose Holy Days of Obligation do I play by? Germany’s? (Where I live) Texas’? (Where I’m visiting) The last place I considered a home diocese?

I suppose I’m considered a transient until I find a home diocese in Germany? If I didn’t go to Mass on Ascension Thursday because I thought, in genuine ignorance, that Thursday and following Sunday Masses were equally acceptable, have I done something horrific by receiving the Eucharist last Sunday?

Goodness, I didn’t even know there was this much canon law about traveling! I’m just a military wife trying to find a church in a country where I don’t speak the language. :confused:

Do I confess this to a priest? If I’m flying back to Germany on a Saturday, but landing on a Sunday, I do need a dispensation for that Mass, right?

In my humble and small opinion of someone who’s only been Catholic for a year and a bit, I thought Universal Holy Days of Obligation meant: universal. holy. days. obligation. you get your butt in a pew if at all possible, all over the world. You mean there are Holy Days where the whole one, holy, Catholic, apostolic Church isn’t celebrating together???

…That’s sad. 😦
 
I asked my professor about this matter.

He referred me to Canon 13, but also noted that the law I was bound by was the law of the German Bishops’ Conference. This law binds the Diocese of Limburg, where I live, but not the Archdiocese of Hamburg that I am travelling into. Therefore, he says, I am not bound in this case to attend Holy Mass on the Thursday. I understand that Corpus Christi is moved to the Sunday in that diocese.

The professor, however, was of the opinion that if I lived in the Archdiocese of Hamburg and came to Limburg, I would be bound to attend, since Canon 13 §2 speaks of “Travellers in their own territory”. He argues that my “territory” is that of the Bishops’ Conference.
 
Sariaru said:
So, uhm, if I’m a US citizen who just recently moved to Germany, but does not have a “home diocese” yet, but I’m visiting family in an unfamiliar part of the US, whose Holy Days of Obligation do I play by? Germany’s? (Where I live) Texas’? (Where I’m visiting) The last place I considered a home diocese?

I suppose I’m considered a transient until I find a home diocese in Germany? If I didn’t go to Mass on Ascension Thursday because I thought, in genuine ignorance, that Thursday and following Sunday Masses were equally acceptable, have I done something horrific by receiving the Eucharist last Sunday?

Goodness, I didn’t even know there was this much canon law about traveling! I’m just a military wife trying to find a church in a country where I don’t speak the language. :confused:

Do I confess this to a priest? If I’m flying back to Germany on a Saturday, but landing on a Sunday, I do need a dispensation for that Mass, right?

In my humble and small opinion of someone who’s only been Catholic for a year and a bit, I thought Universal Holy Days of Obligation meant: universal. holy. days. obligation. you get your butt in a pew if at all possible, all over the world. You mean there are Holy Days where the whole one, holy, Catholic, apostolic Church isn’t celebrating together???

…That’s sad. 😦
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I can hear some frustration there–and I’m with you. Please keep in mind that the the law is generous. That means that the Church crafts Her laws to be as little a burden as possible on someone in a situation like yours (or indeed anyone’s).

Technically, as soon as you arrive in the place where you are living, you are a resident there. The reason is that it’s your intention to “stay there permanently, unless called away.” That describes a military situation. Where you live is “home” until the military tells you to move again. So, even though you move frequently, you still have a “residence” rather than being a transient. In addition, the Archdiocese for the US military covers you, so you have a “diocesan residence” with them, no matter where you are physically located at the moment. All you ever need to be concerned about is whatever applies through the Archdiocese for the Military (unless you’re going to be doing something like buying a used altar from a church in Germany, or something like that).

The Holy Days that apply to you are those of the military Archdiocese, which comes under the broader US bishop’s conference. You need not be concerned about any local calendars. Now, that doesn’t mean that I wouldn’t encourage you to attend Mass on local holy days; because doing so is a good thing indeed, and can be enriching to you in many ways. But you are not obligated by them.

Your frustration is exactly what the Church wants to avoid in canon law. Unfortunately, we often forget or overlook this.

You do not need to confess anything. Last Thursday was not a Holy Day of Obligation for you (see the link below).

Yes, the whole Church (Latin Rite) celebrates the universal Holy Days, but the actual obligations vary by country.

For your situation, here’s a list of the Holy Days of Obligation
milarch.org/site/c.dwJXKgOUJiIaG/b.6586195/k.C71D/Holy_Days_of_Obligation_Archdiocese_for_the_Military_Services.htm
 
CutlerB said:
I asked my professor about this matter.

He referred me to Canon 13, but also noted that the law I was bound by was the law of the German Bishops’ Conference. This law binds the Diocese of Limburg, where I live, but not the Archdiocese of Hamburg that I am travelling into. Therefore, he says, I am not bound in this case to attend Holy Mass on the Thursday. I understand that Corpus Christi is moved to the Sunday in that diocese.

The professor, however, was of the opinion that if I lived in the Archdiocese of Hamburg and came to Limburg, I would be bound to attend, since Canon 13 §2 speaks of “Travellers in their own territory”. He argues that my “territory” is that of the Bishops’ Conference.
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I see what he means. However, I would say that (with regard to your last paragraph) if you do live in Hamburg (which you say has been dispensed) and travel to Limburg (not dispensed) you still take that dispensation from the Bishop of Hamburg with you when you travel, unless the bishop of Hamburg attached a condition to the dispensation that it does not apply if you travel outside the diocese of Hamburg (which is very unlikely).

The bishop of Hamburg can still dispense his own subjects, even when they are outside of the diocese (canon 91). Once the bishop dispensed you, then you’re dispensed, no matter where you go.
 
FrDavid96 said:
I see what he means. However, I would say that (with regard to your last paragraph) if you do live in Hamburg (which you say has been dispensed) and travel to Limburg (not dispensed) you still take that dispensation from the Bishop of Hamburg with you when you travel, unless the bishop of Hamburg attached a condition to the dispensation that it does not apply if you travel outside the diocese of Hamburg (which is very unlikely).

The bishop of Hamburg can still dispense his own subjects, even when they are outside of the diocese (canon 91). Once the bishop dispensed you, then you’re dispensed, no matter where you go.
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Again what he noted seems to reflect what I noted way above. The “must” of the universal (not local) law resumes when one enters a place where it is in effect.

And such is ordinarily a decision made by the Local Conference of Bishops - which is NOT the “dispensation” of the Bishop.

Can. 1246 §1. Sunday, on which by apostolic tradition the paschal mystery is celebrated, must be observed in the universal Church as the primordial holy day of obligation. The following days must also be observed: the Nativity of our Lord Jesus Christ, the Epiphany, the Ascension, the Body and Blood of Christ, Holy Mary the Mother of God, her Immaculate Conception, her Assumption, Saint Joseph, Saint Peter and Saint Paul the Apostles, and All Saints.

§2. With the prior approval of the Apostolic See, however, the conference of bishops can suppress some of the holy days of obligation or transfer them to a Sunday.

vatican.va/archive/ENG1104/__P4N.HTM

Such has seemed to be me to be a territorial thing. So if one was say in Rome on Epiphany - where the Universal Law is in effect - one would attend the Mass.

(but again I note that such an understanding that “universal laws” are in effect for a person if one travels to a territory where they are in effect -could be incorrect forums.catholic-questions.org/showpost.php?p=12047131&postcoun)
 
Bookcat said:
Again what he noted seems to reflect what I noted way above. The “must” of the universal (not local) law resumes when one enters a place where it is in effect.

And such is ordinarily a decision made by the Local Conference of Bishops - which is NOT the “dispensation” of the Bishop.

Can. 1246 §1. Sunday, on which by apostolic tradition the paschal mystery is celebrated, must be observed in the universal Church as the primordial holy day of obligation. The following days must also be observed: the Nativity of our Lord Jesus Christ, the Epiphany, the Ascension, the Body and Blood of Christ, Holy Mary the Mother of God, her Immaculate Conception, her Assumption, Saint Joseph, Saint Peter and Saint Paul the Apostles, and All Saints.

§2. With the prior approval of the Apostolic See, however, the conference of bishops can suppress some of the holy days of obligation or transfer them to a Sunday.

vatican.va/archive/ENG1104/__P4N.HTM

Such has seemed to be me to be a territorial thing. So if one was say in Rome on Epiphany - where the Universal Law is in effect - one would attend the Mass.

(but again I note that such an understanding that “universal laws” are in effect for a person if one travels to a territory where they are in effect -could be incorrect forums.catholic-questions.org/showpost.php?p=12047131&postcoun)

It may be a canon 14 thing.
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The poster was discussing what happens when a person who has a dispensation travels to a place where the local bishop has not given a dispensation.

If the bishop says “the people of the diocese of such-and-such are dispensed from the obligation” then they are dispensed, no matter where they are.

The dispensation travels with him.

Whether you like that or not, he takes the dispensation with him.
 
FrDavid96 said:
The poster was discussing what happens when a person who has a dispensation travels to a place where the local bishop has not given a dispensation.

If the bishop says “the people of the diocese of such-and-such are dispensed from the obligation” then they are dispensed, no matter where they are.

The dispensation travels with him.

Whether you like that or not, he takes the dispensation with him.
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See nothing about any dispensation.

Sounds like it is similar to how it works in the USA

See the section: SUBSEQUENT ACTION: Canon 1246ß2

at: adoremus.org/CanonSunHolyDay.html#sthash.kqEYSkv6.LEqEQlh3.dpuf
 
Bookcat said:
See nothing about any dispensation…
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The poster was discussing what happens when a person who has a dispensation travels to a place where the local bishop has not given a dispensation.

Whether you “see” it or not, that was what was posted.

If the bishop says “the people of the diocese of such-and-such are dispensed from the obligation” then they are dispensed, no matter where they are.

The dispensation travels with him.

Whether you like that or not, he takes the dispensation with him.

The only thing you are accomplishing here is to sow confusion and cause distress for people like Sariaru (who recently posted concerns about traveling).
[edited]
 
FrDavid96 said:
The poster was discussing what happens when a person who has a dispensation travels to a place where the local bishop has not given a dispensation.

Whether you “see” it or not, that was what was posted.

If the bishop says “the people of the diocese of such-and-such are dispensed from the obligation” then they are dispensed, no matter where they are.

The dispensation travels with him.

Whether you like that or not, he takes the dispensation with him.

The only thing you are accomplishing here is to sow confusion and cause distress for people like Sariaru (who recently posted concerns about traveling).

[edited]
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It is not a matter of what I like or not. It is a question of what is and what is not. I would be happy either way -as I noted more than once.
  1. Where did the Bishop of his diocese say such? I do not think he did. I think they likely did as we see in the USA document linked above -one must scroll down to that section. Such is usually a decision of the Conference of Bishops and confirmed by the Holy See. Not via dispensations. Such dispensations happen when say the weather is very bad and the Bishop wants his people not to risk trying to make it to Mass. Or say a Pastor dispenses a member of his faithful from a Holy Day for some good reason.
Even if it is correct that a traveler is not bound by the universal laws in effect in the territory -due to them not being in effect in his home territory -I would not use the term “dispensation”.
  1. His Canon Law Professor disagrees with your understanding it seems.
  2. I have given what my understanding of universal law and local law and this question. Was. And I have said that I can be** incorrect** forums.catholic-questions.org/showpost.php?p=12047131&postcoun repeatedly -when I found that what I thought could be incorrect. As I noted there I have seen other Canon Lawyers *(even a professor) who would agree with you that a traveler is not bound.
I left the thread with more of an “ok maybe your right” about not being bound. But then the Poster came back and you and he discussed what his Professor said. I chimed in -adding though a link to the fact that I could have been quite wrong. I still say “ok maybe your right in essence about travelers not being bound”…“and I can have been incorrect”.
 
Bookcat said:
It is not a matter of what I like or not. It is a question of what is and what is not. I would be happy either way -as I noted more than once.

.
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Well then, stop making it about what you like. The fact is that the Archdiocese of Hamburg is dispensed, and the fact is that anyone from that diocese carries the dispensation with him when he travels.

The Archdocese of Hamburg is dispensed from the obligation. We know that from the very first post. I don’t know that first-hand, but I trust that the OP got it right.

Anyone who lives in the diocese of Hamburg is dispensed from the obligation on Corpus Christi and takes that dispensation with him when he travels.

If you aren’t certain about what you’re posting, then stop trying to argue the point. [edited]
 
FrDavid96 said:
Well then, stop making it about what you like. The fact is that the Archdiocese of Hamburg is dispensed, and the fact is that anyone from that diocese carries the dispensation with him when he travels.

The Archdocese of Hamburg is dispensed from the obligation. We know that from the very first post. I don’t know that first-hand, but I trust that the OP got it right.

Anyone who lives in the diocese of Hamburg is dispensed from the obligation on Corpus Christi and takes that dispensation with him when he travels.

If you aren’t certain about what you’re posting, then stop trying to argue the point.
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I will note that this is a forum -which by nature is where people come together to discuss matters -questions and what not. Such is its* nature.*

I have been quite clear I think in my posts as things have progressed. I am quite circumspect in what I post and how I post it.

And again I have been quite clear that my former understanding can have been not correct:

forums.catholic-questions.org/showpost.php?p=12047131&postcoun

This is a forum. A place to discuss matters theological. Yes care must be taken -and I seek to always take such care in my posts. And when I find or even suspect that I can be not correct - I take that into posts.

“To argue” in its true Thomistic sense to seek together after the truth.
 
It seems to me that we don’t have to bother with questions of what the universal law is (c. 1246.1) since every place on earth has an episcopal conference which has particularized the law in accord with c. 1246.2, suppressing some days of obligation and/or transferring some to Sunday.

Since, practically, everybody is only bound by particular law on this issue, I’ll just go with c. 13 and say that travelers are not bound by any particular law.

In individual cases, there can also be dispensations of obligations but that is a separate (from c. 1246) issue.

Dan
 
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