Last week’s post examined the virtues of temperance and moderation within the third principle that influenced the 1983 Code. Today’s post examines the danger of death (periculum mortis) and the spirituality of canon law.
Danger of death refers to any circumstance where there is a reasonable possibility—but not absolute certainty—of death occurring sooner rather than later. It means that there is a serious risk or threat to a person’s life, but death is not yet imminent. It encompasses both internal causes (serious illness, advanced age, severe injury) and external causes (natural disasters, epidemics, acts of violence).
The basis of the danger of death in canon law is the salvation of souls, which is the ultimate goal of canon law, the supreme law (Can. 1752), and the supreme interpretive criterion for determining the right thing (See Post 185).
This is because it is the “salvation, not damnation, of souls that gives God the greatest glory”. One recalls the parables of the lost coin and sheep. If there is great joy in heaven over one sinner who repents (cf. Luke 15:7,10), then there will undoubtedly be a greater joy when a soul is finally saved. The story of the two thieves, crucified alongside Jesus, provides a scriptural basis for the danger of death (Luke 23:32-34, 39-43).
A similar and related term, the ‘point of death’ (articulus mortis), describes when death is imminent or actively occurring—the person is clearly at the brink of death. This term follows the understanding of the sacrament of Extreme Unction, which was previously administered only to those at the point of death. The Second Vatican Council broadened the Church’s perspective to include those who are in danger of death, necessitating a change in the name of the sacrament to the ‘Anointing of the Sick’ (Sacrosanctum Concilium, 73).
Since the Second Vatican Council significantly influenced the 1983 Code of Canon Law, canon law does not explicitly distinguish between these two concepts as distinct legal entities with separate implications. Instead, the Code primarily uses the phrase “in the danger of death” (in periculo mortis) to describe the circumstances where canonical norms are relaxed to prioritise the salvation of souls over strict legal observance. Nevertheless, the point of death requires even more urgent relaxation—maximal pastoral leniency. However, this is basically about liturgical laws rather than canonical laws (Can. 2). At the point of death (in articulo mortis), ministers may dispense with all ceremonies except the essential words of the sacrament. For example, in imminent danger of death, a priest needs only to pronounce the essential form of absolution: “I absolve you from your sins in the name of the Father, and of the Son, and of the Holy Spirit”.
The danger of death principle manifests the spirituality of canon law because it facilitates the faithful’s salvation of souls and their journey to eternity.
- Sacraments
Baptism: An adult with little knowledge of the faith or one who has shown the intention to be baptised and to follow the Christian faith can be baptised if the adult is in danger of death (Can. 865 §2). While parents are obliged to have their infants baptised weeks after birth, the law requires that the infant be baptised without delay if in danger of death (Can. 867 §2). The law further allows an infant of catholic or non-catholic parents in danger of death to be baptised even if the parents oppose it (Can. 868 §2).
Confirmation: While the bishop, those equivalent to him in law and those they designate can celebrate the sacrament of confirmation, the law allows the parish priest (Can. 530, 2°), chaplain (Can. 566 §1), and indeed, any priest to administer the sacrament to those in the danger of death (Cann. 883, 3°; 889 §2; 891).
Eucharist: The Eucharist can be administered to children in danger of death if they can distinguish between Holy Communion and ordinary food and receive it reverently (Can. 913 §2). Furthermore, communion is to be given to the faithful who are in danger of death, even if they have already received communion that same day (Can. 921 §§1-2). If the danger of death persists, they can be given communion several times, but on separate days (Can. 921 §3).
Penance: The danger of death and insufficient time for priests to individually hear the confession of penitents is one of the reasons to permit general absolution (Can. 961 §1). While a newly ordained priest without the faculty of confession or a priest under censures cannot validly give absolution (Can. 966 §1), the law relaxes this in the danger of death, permitting the priest to absolve the penitents from any censures and sins, even if an approved priest is present (Can. 976).
Moreover, while the absolution of a partner in a sin against the sixth commandment of the Decalogue is invalid and a more grave delict (Can. 1384), a priest can absolve the partner if the person is in danger of death (Can. 977). A priest who creates or fakes a danger-of-death scenario invalidly absolves the penitent and is guilty of the delict. The law provides that in urgent necessity, every confessor is bound to hear the confessions of the faithful. However, in the danger of death, every priest, including those without faculty to hear confessions and those dismissed from the clerical state (laicised), not only can hear confessions but are also obliged to do so (Can. 986 §2).
Anointing of the Sick: The sacrament is to be administered to a faithful who has reached the age of reason, and begins to be in danger of death due to illness or old age (Can. 1004 §1).
Administering sacraments to non-catholic Christians: The law allows catholic ministers to administer the sacraments of penance, the Eucharist and anointing of the sick to Christians who are not in full communion with the Catholic Church, but are in the danger of death, provided that they cannot approach a minister of their own community, they spontaneously ask for the sacrament, demonstrate the Catholic faith in respect of these sacraments and are properly disposed (Can. 844 §4).
Suspension of penalties: Canon 1352 §1 stipulates that penalties prohibiting the reception of sacraments and sacramentals are suspended as long as the offender is in danger of death.
2. Broader faculties for dispensation
To ensure the faithful contract a valid sacramental marriage, which opens the opportunity for access to the Eucharist, the law accepts the sworn assertion of the contracting parties that they are baptised and free of any impediment, if other proofs are not available, and in danger of death (Can. 1068). Furthermore, in the danger of death, the local Ordinary can dispense his own subjects, wherever they reside and all who reside in his territory, of the canonical form of marriage and every impediment of ecclesiastical law, whether public or occult, except the impediment of the sacred order of priesthood (Can. 1079 §1). Moreover, in the danger of death, a confessor can dispense from occult impediments for the internal forum within the confession and outside of sacramental confession (Can. 1079 §3).
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
