How to submit a Dubia?

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Hello! Would anyone here know how to submit a dubia to a Congregation in Rome?

Mind you, this is nothing controversial like the more recent dubia questioning Pope Francis on divorce and communion.

My dubia is an innocent question related to the Extraordinary Form liturgical laws and how it ties in with Canon Law. Until recently, I would have had to reach out to Ecclesia Dei, but now that their duties have been given to the Congregation for the Doctrine of the Faith, would I write them instead? And what language should it be in? Italian? And if it’s in Italian, would anyone here know how to speak Italian be willing to translate my letter?

Thanks for your help!
 
I have already spoken to my priest with my question. He gave me his answer. I have yet to reach out to a canonist:

That said, the answer still does not seem clear cut. I am running into different responses from different individuals who each make a strong case for their argument.
 
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Put simply, it is:

“Is a layman able to pray some or all of the Divine Office in the Extraordinary Form, in Latin, as a real liturgical service, or does it only remain a private devotion for them in the absence of a priest or religious?”
 
Interesting question. I’d say it’s never a merely private devotion, no matter who says it, but that’s just my opinion.

Wondering where to send the question, now that Ecclesia Dei has been suppressed (as a pontifical council), is also interesting. You could send it to the Congregation for Divine Worship and, in the body of the question, request that it be forwarded to another dicastery, if appropriate. They might send it over to the CDF and the Ecclesia Dei section (or whatever the structure is now…I’m not sure).

There are examples of dubia online, I think. It’s basically just a formal letter. English is fine.

Dan
 
Okay thanks! That is my opinion as well. However, you run into issues like:

“27. With regard to the disciplinary norms connected to celebration, the ecclesiastical discipline contained in the Code of Canon Law of 1983 applies.

“28. Furthermore, by virtue of its character of special law, within its own area, the Motu Proprio Summorum Pontificum derogates from those provisions of law, connected with the sacred Rites, promulgated from 1962 onwards and incompatible with the rubrics of the liturgical books in effect in 1962.”

This is in Universae Ecclesiae, which explains further what is laid down in Summorum Pontificum.

The question remains if a layperson saying the Divine Office is intrinsically in conflict with the liturgical rules in place in 1962. While the writers of the 1962 rubrics may have assumed that it was only priests and religious who would be saying it, it never explicitly says “those deputed to say the Office are only priests and religious”.

On the other hand, it has been clarified that things like altar girls, now afforded by Canon Law, aren’t allowed in the Extraordinary Form because of the aforementioned clause.

But yet again, on the other hand, acolytes are now allowed to fulfill the role of “straw subdeacon” at a high mass, which is an example of how someone who wouldn’t have been allowed to fulfill a certain role in 1962 are now allowed to.

My head is spinning lol.
 
“Dicastery” has been the generic name for any of the offices of the Roman Curia. Pope Francis has used it formally, for instance in the new “Dicastery for Laity, Family, and Life.” It is expected that the coming total reorganization of the Curia by Pope Francis will use this term across the board, instead of the terms used now (e.g., Congregation, Pontifical Council).

Dan
 
Thank you! Are you a real canon lawyer? If so, could you direct me to the parts of Canon Law that explain that laypeople who pray the Office in private also join in the prayer of the Church? Or anything else related to this that you think would be pertinant in such a letter?
 
Yes, I have a degree in canon law. The Code doesn’t say a whole lot about the divine office/liturgy of the hours–just a few canons (1173-1175; it is mentioned elsewhere in the context of the duties of clerics, for example)…which is more than what the old Code said about it. Sacrosanctum concilium, from Vatican II, and the General instruction to the liturgy of the hours are better sources of information.

Dan
 
As far as I can tell, the General Instruction of the Liturgy of the Hours only alludes to laypeople praying the Office. Plus, I do not think that would hold any weight, as the General Instruction only applies to the Ordinary Form.

SC may be a good source, I’ll look into it. And thanks, I think the basic argument for it being liturgy is based partly off of I believe the general interpretation of CL 1174.2, as well as some passages in the Catechism. Isn’t that aforementioned canon generally interpreted to mean that laypeople in private are also able to pray an approved form of the Divine Office as liturgy?
 
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Plus, I do not think that would hold any weight, as the General Instruction only applies to the Ordinary Form.
Yes, as far as how the office (liturgy of the hours) is prayed, it is irrelevant. As far as what the office is, as an official prayer of the Church, I think it is relevant.

Yes, the laity are invited to pray the office. Since it is, by definition, “liturgy”, then it is liturgical.

Dan
 
As far as I can tell, the General Instruction of the Liturgy of the Hours only alludes to laypeople praying the Office. Plus, I do not think that would hold any weight, as the General Instruction only applies to the Ordinary Form.
Well, oblates certainly can and do pray the Offices of their monasteries. And few of them are actually the “Liturgy of the Hours” aka the 4 week psalter. I for instance periodically pray the monastic office of the abbey I’m affiliated with; it’s a one-week psalter with options to spread it over two weeks. I use it quite frequently, in fact I’m just finishing up a week of using it right now. I prefer the LOTH for prayer at home, as it’s much more flexible for laity, but often do the monastic version.

There’s nothing specific in either Canon Law or the General Instruction of the Monastic LOTH concerning use by the laity. On the other hand the GIMLH does say that monastics are free to use the 4-week LOTH should they be engaged in outside apostolates or traveling, or if a particular community has special needs.

As for the GILH only alluding to laity praying the Office, Sacrosanctum Concilium is specific:
  1. Pastors of souls should see to it that the chief hours, especially Vespers, are celebrated in common in church on Sundays and the more solemn feasts. And the laity, too, are encouraged to recite the divine office, either with the priests, or among themselves, or even individually.
I don’t think that allows much room for claiming that the Office is not liturgical for the laity. Keep in mind that when SC was promulgated in 1963, the 1962 Office was the Office in force. So one can logically assume that it applies to any Office that is licit within the Church. In 1963 it was the 1962 Office, in 1970 it was the 1970 Office, and after 2007, the 1962 and 1970 Offices.

As the laity are not bound to the Office, I don’t see why Canon Law would address the use of the Office by the laity. The norms for the Office are already established in the GILH, the rubrics, and the 2007 Motu Proprio. So if you pray it according to the norms, you are participating in liturgy. If you are not, you aren’t.
 
And I really do want to believe that is the case. As I learn more Latin (I have been taking a course this summer), and enter more deeply into the EF Mass and Office, I am definitely seeing fruit in my spiritual life. It would be very disheartening to me to find out that it is not liturgical prayer for a layman like myself. In fact, I always pray compline in the Ordinary Form, partly because it saves time, but mostly because I want to be sure that at least one of my hours is most definitely liturgical every day.

To play devil’s advocate, I think the primary argument against it being liturgical for laymen is the aforementioned quotes from Universae Eclessiae:

“27. With regard to the disciplinary norms connected to celebration, the ecclesiastical discipline contained in the Code of Canon Law of 1983 applies.

“28. Furthermore, by virtue of its character of special law, within its own area, the Motu Proprio Summorum Pontificum derogates from those provisions of law, connected with the sacred Rites, promulgated from 1962 onwards and incompatible with the rubrics of the liturgical books in effect in 1962.”

That is what some of my colleagues have brought up against me in debates on the matter. But, now that I think about it, this seems to be referring only to Canon Law, so maybe it doesn’t hold any weight against a document from Vatican II.

But then this raises the question, since SC says that other instruments could be employed during mass, could a piano therefore be used in a EF Mass?

Apologize for the lengthy message: it is how my mind works. I tend to debate scenerios in my head back and forth.

Anyway, it’s time for bed. I will keep you all in my prayers as I say compline tonight, and look forward to any future responses tomorrow.
 
With respect, I think you simply may be overthinking this. The Motu Proprio makes it clear that the rubrics of 1962 are to apply, but that’s about it. It says, if memory serves, that the obligation (for those bound!) may be met with the 1962 Office. For those of us not bound, I’m pretty sure we are participating as long as it’s a licit Office; the 1962 Office never proscribed laity from using it, it simply didn’t encourage it.

Which means 1962, or LOTH, or any one of the arrangements you might find in a religious community (e.g. monastic, Dominican, etc.) are licit and liturgical. The laity did participate in the 1962 Office, as public Vespers was quite common on Sundays and big feasts. Mind you that would likely be silent attendance, not actively singing the office except perhaps mentally for the few that would be proficient enough in Latin; others could pray along silently if there was a vernacular translation alongside. Also keep in mind that those in the lay state have always prayed the Office. In monasteries, choir monks not yet ordained would pray it (lay brothers likely one of the Little Offices instead). In women’s monasteries or wherever women religious were bound to choir, they too would pray it aloud and actively, even when no priest or deacon was present.

So the praxis says every bit as much as Canon Law. Maybe even more.
In fact, I always pray compline in the Ordinary Form, partly because it saves time, but mostly because I want to be sure that at least one of my hours is most definitely liturgical every day.
I always pray Compline using the monastic usage even when I pray the LOTH (psalms 4, 90 and 133 said every night, in directum, i.e, without antiphon). Not because I think it’s more liturgical, but because I want to keep a connection with my tradition even when I use the Roman LOTH, which it has to be admitted, is very convivial for secular use.

I can almost say all of Compline by heart now, at least in French. In monasteries using the original Benedictine schema, Compline was chanted by heart in the dark; it is a very moving and other-wordly experience!

I should point out that prior to Pius X’s reforms of 1910, in France, many clergy would pray a Little Office instead by indult, as the Roman Office was very long, monastically long in fact (250 psalms per week with obviously many repetitions). But even the 1910 reforms was still too long for many secular clergy, and one of the things the LOTH attempted to address was clergy who simply abandoned praying the Office. And to be honest, our abbey’s schema, 150 psalms per week, I find quite daunting even for an oblate, especially since I sing the Office. Fully sung, the monastic takes a full two and a half hours a day, more on Sundays, feasts and solemnities. The LOTH chops an hour off of that. As a result I find I have much more time to actually meditate the Hours, with silent pauses, and a slow deliberate chanting. The result is actually a more beautiful liturgy.
 
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OraLabora, if a layperson prays the 1962 office in a vernacular translation, is it still liturgical, or must the person pray it in Latin?
 
Questions of whether or not it is liturgical for laypeople aside, it most definitely must be prayed in Latin to be liturgical, as none of the vernacular texts have been approved for actual liturgical use.

The Catechism states:
Celebrated in ‘ the form approved ’ by the Church, the Liturgy of the Hours ‘is truly the voice of the Bride herself addressed to her Bridegroom.’” ( Catechism of the Catholic Church, No. 1174).
Universae Ecclesiae , the Instruction on the Application of the Apostolic Letter Summorum Pontificum, states:
Art. 9 § 3 of the Motu Proprio Summorum Pontificum gives clerics the faculty to use the Breviarium Romanum in effect in 1962, which is to be prayed entirely and in the Latin language. ( Universae Ecclesiae , No. 28).
This makes sense, as again, there was never an officially approved vernacular translation. Indeed, the Concordat Cum Orginali of the the only current English printing of the 1962 Breviary, the Baronius Press edition, states:
In accordance with Canons 826 §3 and 827 §3, permission is hearby granted for the English translation and editorial material to be published for private use, not for liturgical use.
(A Concordat Cum Orginali is a statement by a bishop that a book is in line with the original liturgical texts. All liturgical books must have this to be used for liturgy.)
 
With respect, I think you simply may be overthinking this. The Motu Proprio makes it clear that the rubrics of 1962 are to apply, but that’s about it. It says, if memory serves, that the obligation (for those bound!) may be met with the 1962 Office. For those of us not bound, I’m pretty sure we are participating as long as it’s a licit Office; the 1962 Office never proscribed laity from using it, it simply didn’t encourage it.
I know I am probably overthinking it. Still, it is something that bothers me. I really do appreciate your response, but just to settle the question once and for all, I may just end up writing that dubia.

Speaking of which, does anyone know if it would be appropriate to address it as:

Congregation for the Doctrine of the Faith
Office of the Fourth Section
Palazzo del Sant’Uffizio
00120 Città del Vaticano

Or should I just omit the “Office of the Fourth Section” and send it to:

Congregation for the Doctrine of the Faith
Palazzo del Sant’Uffizio
00120 Città del Vaticano

which is the address that appears on http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_pro_14071997_en.html
 
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