Do religious vows of poverty include civil/legal component?

  • Thread starter Thread starter carefullytread
  • Start date Start date
Status
Not open for further replies.
I don’t accept the comparison to slavery or agree that it would be regarded as an immoral contract provided of course the person entering into it was aware of what they were agreeing to and weren’t coerced.
I think there’s an important distinction here between the moral and the legal. There’s things that the law doesn’t usually allow to be officially enforced, and a permanent agreement to give up all your income is probably one of them. At least in the U.S., it would probably fall under the law of consideration - it would legally be a gift and not a contract, and promises to give gifts aren’t usually binding legally.
 
The answer to the OP’s question is complex depending upon the type of community. The person who takes solemn vows (eg cloistered nun) does have to decide what to do with all her assets, including businesses, potential inheritances etc and this might mean that she signs them over to a family member or to the community. This is handled legally according to the law of that country. Prior to solemn vows, there are no legal obligations to disperse assets or businesses etc.

Persons who take only simple vows (as opposed to solemn vows) are not barred from inheritances, although these would then become the property of the community as all property is held communally. The vow of poverty is about communal ownership rather than personal ownership, not necessarily about being poor.

My main question would be to wonder why this is even a concern. If someone were going to take final vows, the assumption is that they want to stay in that community for the rest of their life, so naturally they would expect to share all property in community. Prior to final vows this is not even an issue.

If, after final vows, a nun decides to leave the community, they would be provided for in a way that would make it possible for them to start a new life - they are not abandoned to the streets! But they would not necessarily re able to recoup all of their previous assets. That sounds a little like a ‘pre-nup’ – lol.

And I certainly hope no one enters a community with a ‘secret’ business, because that kind of deceit certainly doesn’t indicate much trust in the superior or the community. And it is highly unlikely that the community would want to run a business that was owned by a nun unless it already fit in with their charism and just helped to add income to their already existing source (such as candles or card making etc). They might consider selling it or having the nun sign it over to a member of her family.

If this is a real concern to someone who wants to enter religious life, the thing to do is to discuss it with the bursar or business manager of the community. And be honest about what’s involved in terms of assets and/or businesses. No secrets.
 
The only civil contracts that a Religious would sign are those needed to dispose of property (e.g., house, car, etc), dispose of assets (e.g, money, jewels, etc), and settle whatever needs to be settled in his secular life to prepare for the Religious Life. This can include the signing of a Last Will and Testament.

The Religious Vows come under the jurisdiction of Canon Law. Canon Law spells out the differences between solemn public vows, simple public vows, and private vows. It spells out the obligations of each of these types of vows and what is necessary should a religious wish to resign those vows.
 
Last edited:
Status
Not open for further replies.
Back
Top