Strange question regarding confession

[Bataar]

So the bishop of the diocese has instructed the priests not to do confessions. The priests at a nearby FSSP church are still holding confessions outdoors. They have an usher in the area and he directs people still in their cars to drive around and the priest sits about 8 feet away from your car with his back to you for your confession. Apparently, this is against the bishop’s order. Because of this, are the priests committing a schismatic act or does the bishop not have the authority to tell priests not to distribute the sacrament?

 

[Fauken]

are the priests committing a schismatic act or does the bishop not have the authority to tell priests not to distribute the sacrament?

In the opinion of renowned canonist Dr. Edward Peters, JCD:

Some thoughts on COVID measures in regard to Confession and how such measures have illustrated a serious weakness in the administration of canon law | In the Light of the Law

“Some bishops think they can suspend the celebration of Confession in their diocese or otherwise forbid their priests from hearing confession and granting absolution because of the pandemic . I think this is wrong.
All pastors have “faculties” (i.e., necessary but, in all respects relevant here, sufficient authorization) for Confession by law (c. 968) and most other priests (e.g., associates) have faculties by formal grant of their bishop (c. 969); once acquired, moreover, such faculties remain effective unless, say, the pastor is removed from office (c. 975, which assumes the process for pastor removal outlined in cc. 1740-1747 has been applied) or the bishop has revoked the grant to a specific priest “for a grave cause” (c. 974, which assumes that “pandemic” satisfies as ‘grave cause’ to strip priests of their faculties for Confession, a claim for which I find zero evidence in the literature).”

If the bishop has no power to forbid them (for this instance), then what they’re doing isn’t forbidden.

 

[edward_george1]

Because of this, are the priests committing a schismatic act

No, and you would do well not to throw around that word.

 

[HomeschoolDad]

So the bishop of the diocese has instructed the priests not to do confessions. The priests at a nearby FSSP church are still holding confessions outdoors. They have an usher in the area and he directs people still in their cars to drive around and the priest sits about 8 feet away from your car with his back to you for your confession. Apparently, this is against the bishop’s order. Because of this, are the priests committing a schismatic act or does the bishop not have the authority to tell priests not to distribute the sacrament?

If I understand properly the authority of a bishop, he does indeed have the power to forbid priests from hearing confessions. He would not be removing faculties, he would simply be saying “you may not do this right now”, similar to the way he can forbid public Masses for the duration. I’m not saying I agree with this, I am just stating what he may have the authority to do — I think bishops are in the right to forbid public Masses, but I would allow wide leeway for hearing confessions outdoors or at a distance. I have a hard time seeing how using cell phones to allow the priest and penitent to hear one another, from a distance of a few feet, violates confessional secrecy — sadly, confessions can be easily overheard by anyone close enough to the confessional (lower your voices, please), how are cell phones different? The phone is basically acting as a hearing aid.

However, in no way would it be schismatic. “Schismatic” is when you break union with the Pope and this bishops in union with him. A priest disobeying his bishop is not schism. It is simply disobedience.

 

[otjm]

Apparently, this is against the bishop’s order. Because of this, are the priests committing a schismatic act

You might want to look up the meaning of schism.

 

[TheLittleLady]

Apparently, this is against the bishop’s order.

Maybe verify with the directive from your Bishop before forming conclusions?

 

[Tis_Bearself]

Your location on your profile says you’re in Seattle.
The Archdiocese of Seattle page indicates to me that the latest guidance is from March 27 and clearly allows the priests to hear confessions, as it talks about what is and isn’t allowed in detail.

Am I missing something here? Where is your source stating that the bishop told his priests not to hear confessions?

http://www.seattlearchdiocese.org/Assets/General/AOS-Coronavirus-Guidance.pdf

 

[poche]

The Vatican has issued a letter that favors the priest hearing confessions;

https://www.catholicnewsagency.com/...y-mercy-does-not-cease-amid-coronavirus-23808

 

[Rooted2Bfruited]

The Vatican has issued a letter that favors the priest hearing confessions;

https://www.catholicnewsagency.com/news/major-penitentiary-mercy-does-not-cease-amid-coronavirus-23808

That pretty much sums it up. The Cardinal, who is the Major Penitentiary for the Holy See, says continue confession while using social distancing. A Cardinal trumps a Bishop.

 

[HomeschoolDad]

poche:

The Vatican has issued a letter that favors the priest hearing confessions;

https://www.catholicnewsagency.com/news/major-penitentiary-mercy-does-not-cease-amid-coronavirus-23808

That pretty much sums it up. The Cardinal, who is the Major Penitentiary for the Holy See, says continue confession while using social distancing. A Cardinal trumps a Bishop.

A cardinal trumps a bishop? How so?

This particular cardinal might trump a bishop, but not because he is a cardinal, but because he is speaking on behalf of the Pope. Cardinals, unless they’ve been given some plenipotentiary powers I don’t know about, are simply the clergy of the Roman Pontiff. They do not even absolutely have to be bishops — the Pope can dispense from this requirement. In times past there could be lay cardinals, and some have even suggested women cardinals. I am about as traditional as it gets, and I wouldn’t have a problem with the latter. Mother Miriam as a cardinal? Bring it on!