In a congregatoin, because the congregation makes simple vows, the law allows the religious to own propery and to inherit. A wonderful case of this was St. Katherine Drexel. She had millons of dollars. She never had to give up that money. A religious in a congregation may not use those assets for his or her personal advantage, but he can retain ownership and adminster them as he sees fit. Katherine administered that money to build schools and clinics for Black and Native American children, but not for her own comfort or that of her sisters. The constitutions of the congregation may dictate that no religious may own anything. That’s up to them. The Church does not require that of them. For example, the Missionaries of Charity may not own anything, because it’s in their constitution, not becasue it’s in Church tradition as is the case for the orders. Congregations in simple vows are free to be as austere or moreso than the ordes, but the Church does not demand this of them. They simply cannot use their assets for themselves. They can choose to leave those assets in a trust until they die. Then they become the property of their benediciary. In an order, you may not have assets.
Also, with the exception of the Jesuits and Carthusians, all orders are governed by a rule. Franciscans are governed by the Rule of St.Francis. Dominicans are governed by the Rule of St. Augustine. Benedictines are governed by the Rule of St. Benedict and Carmelites by the Ruleo of St. Albert.
The founders of the Jesuits and the Carthusians did not write a rule. They wrote statutes. A statute is a series of laws that are not etched in stone, because they were never sealed by a Papal Bull. That leaves the community room to change them, if the vote to do so. Once they vote, they must submit their final draft to the Church for approval.
If you have a rule, the rules are sealed by Papal Bulls. You cannot vote to change anything in the rule. It is what it is. You can write statutes to address points that are not in the rule and you can write commentaries to clarify points in the rule. These are called constitutions. They too must be approved by the Holy See; but the rule remains as it is and must be observed.
Finally, it is easier to leave a congregation than an order. If you leave an order that makes solemn vows, you are still bound to certain things such as the recitation of the Divine Office, and you are bound to obey the local bishop of the diocese into which you are incardinated.
**Profession is either simple or solemn. Solemn profession exists at present only in the institutes approved by the Holy See as religious orders. It is always perpetual, and dispensation from it is difficult to obtain; a religious who has been dismissed from his order is still bound by the obligations of the religious life; the same is the case with one who obtains from the Holy See the indult of perpetual secularization; professed who have left their order owe to the bishop of the diocese in which they reside the obedience which they formerly owed to their religious superior. ** Catholic Encyclopedia
newadvent.org/cathen/12451b.htm
If a sister is dismissed or is granted a dispensation, the obligations of the vows do not go with her. She is like all other lay women, free to put aside all of the rules and obligations that were once part of her life.
If a nun, friar or monk leaves, the laws above apply. He takes his obligations with him or her. The is free to maryy and to own property, but his will is still in the hands of the local bisohp. That’s why the vow of obedience is the most important of the three evangelical councils, because it binds you to the superior and if you leave, to the bishop where you reside.
The code of 1983 does not include this. However, there are no new religious ordes. The founding of religious orders was stopped in the 1600s. Only the pope can erect a religious order and this has not been done since the founding of the Jesuits. It does not mean that it will never happen. It just means that it is not happening now. All of these communities of nuns are really congregations of sisters.
They were founded that way to allow them freedom to do apostolic work without the duties and obligations that come from being a nun. For example, they are not obliged to pray the Liturgy of the Hours. They may do so if their constitutions require it. But they can also write it out of their constitutioins. In the past, most sisters never prayed the Liturgy of the Hours, only orders did. Many sisters prayed the Little Office of the BVM, which is not an official liturgical prayer. However, it is prayer. For example, Mother Teresa never instituded the Liturgy of the Hours in the Missioanries of Charity, not a fast and abstinence other than what the Church requires of every Catholic. Their wya of life is hard enough, without imposing more things on them. Congregatioins of sisters, brothers and priests have these freedoms. They can pick and choose what they want to take from the orders and what does not fit their way of life.
As I said before, today, we use language very loosely. We call sisters nuns. We refer to congregations as orders. We refer to all people in vows as religious, which is not the case. Now, with the coming of the SSPX and the FSSP, we’re calling societies of apostolic life orders and referring to their members as religioius. They are neither orders nor are their members consecrated religious. They are priests, but they remain in the secular state.
We use language incorrectly all the time, not only for religious matters, but everywhere.
Fraternally,
Br. JR, OSF
