CARDINAL KASPER SUGGESTS AN ORTHODOX SOLUTION TO OUR PROBLEM OF DIVORCE AND THE SACRAMENTS

Kasper Changes the Paradigm, Bergoglio Applauds

The no-longer-secret text of the bombshell talk that opened the consistory on the family. With the indication of two paths of readmission to communion for the divorced and remarried. According to the example of the ancient Church 

by Sandro Magister

ROME, March 1, 2014 – Cardinal Kasper's inaugural address at the consistory last week is no longer under lock and key. It has been made public, in a journalistic masterstroke, by the Italian newspaper “Il Foglio" directed by Giuliano Ferrara, which has preempted by far the publication of this same talk in book form by the publisher Queriniana.

But that this talk should remain secret had already become nonsensical, after the words with which Pope Francis had honored it on February 21, at the end of the two days of the consistory dedicated to the question of the family:

"Yesterday, before going to sleep - although I did not do this to put myself to sleep - I read or rather re-read the work of Cardinal Kasper, and I would like to thank him because I found profound theology, and even serene thinking in theology. It is pleasant to read serene theology. And I also found what Saint Ignatius told us about, that 'sensus Ecclesiae," love for Mother Church. It did me good and an idea came to me - excuse me, Eminence, if I embarrass you - but the idea is that this is called 'doing theology on one's knees.' Thank you. Thank you."

In the course of his talk, Kasper said that he wanted "only to pose questions” because “a response will be the task of the synod in harmony with the pope.” But to read what he said to the cardinals, his are much more than questions, they are solidly built proposals for a solution. To which Pope Francis has already demonstrated he means to adhere.

And they are forceful proposals, a real "paradigm change.” In particular on what Kasper himself maintains to be the problem of problems, communion for the divorced and remarried, to which he dedicated more than half of his two-hour talk.

As www.chiesa had already anticipated in two articles, the touchstone of Kasper's proposals was the Church of the first centuries, which was also "confronted with concepts and models of marriage and family much different from those preached by Jesus."

In the face of the present-day challenge, Kasper prefaced that "our position today cannot be a liberal adaptation to the 'status quo', but a radical position that goes to the roots, that goes to the Gospel."

In order to verify if that is true or not - for various cardinals who took part in the debate, it is not - the following are the crucial passages.

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THE PROBLEM OF THE DIVORCED AND REMARRIED

by Walter Kasper

[. . .] It is not enough to consider the problem only from the point of view and from the perspective of the Church as a sacramental institution. We need a paradigm change and we must - as the good Samaritan did - consider the situation also from the perspective of those who are suffering and asking for help.

Everyone knows that the question of the marriages of divorced and remarried persons is a complex and thorny problem. [. . .] What can the Church do in such situations? It cannot propose a solution that is different from or contrary to the words of Jesus. The indissolubility of sacramental marriage and the impossibility of a new marriage during the lifetime of the other partner is part of the tradition of the Church's binding faith that cannot be abandoned or undone by appealing to a superficial understanding of cheapened mercy. [. . .] The question is therefore how the Church can reflect this indivisible pairing of the fidelity and mercy of God in its pastoral action concerning the divorced who are remarried in a civil ceremony. [. . .]

Today we find ourselves in a situation similar to that of the last Council. At that time as well there existed, for example on the question of ecumenism or religious freedom, encyclicals and decisions of the Holy Office that seemed to preclude other ways. Without violating the binding dogmatic tradition, the Council opened doors. We can ask ourselves: is it not perhaps possible that there could be further developments on the present question as well? [. . .]

I will limit myself to two situations, for which solutions are already being mentioned in some official documents. I want only to pose questions, limiting myself to pointing out the direction of possible responses. Giving a response, however, will be the task of the synod in harmony with the pope.

FIRST SITUATION

"Familiaris Consortio" affirms that some of the divorced and remarried are in conscience subjectively convinced that their irreparably broken previous marriage was never valid. [. . .] According to canon law the evaluation is the task of the ecclesiastical tribunals. Since these are not “iure divino," but developed historically, we sometimes ask ourselves if the judicial way should be the only one for resolving the problem or if other more pastoral and spiritual procedures could also be possible.

As an alternative, one might think that the bishop could entrust this task to a priest with spiritual and pastoral experience as a penitentiary or episcopal vicar. 

Apart from the response to be given to this question, it is worthwhile to recall the address that Pope Francis delivered on January 24, 2014 to the officials of the tribunal of the Roman Rota, in which he affirms that the juridical dimension and pastoral dimension are not in opposition. [. . .] Pastoral care and mercy are not opposed to justice, but they are so to speak the supreme justice, because behind each appeal they discern not only a case to be examined through the lens of general regulations but a human person who, as such, can never represent a case and always has a unique dignity. [. . .] Is it truly possible that the good and bad of persons should be decided at second and third hearings solely on the basis of the proceedings, meaning paperwork, but without knowing the person and his situation?

SECOND SITUATION

It would be mistaken to seek the solution of the problem only in a generous expansion of the procedure of nullity of marriage. This would create the dangerous impression that the Church is proceeding in a dishonest manner in granting what in reality are divorces. [. . .] Therefore we must also take into consideration the more difficult question of the situation of the marriage that is ratified and consummated between baptized persons, in which the communion of marital life is irreparably broken and one or both of the spouses have contracted a second civil marriage.

One notification was given to us by the congregation for the doctrine of the faith in 1994 when it established - and Pope Benedict XVI reiterated this during the world meeting of families in Milan in 2012 - that the divorce and remarried cannot receive sacramental communion but can receive spiritual communion. [. . .]

Many will be grateful for this response, which is an instance of true openness. But it also brings up a number of questions. In fact, someone who receives spiritual communion is one with Jesus Christ. [. . .] Why, then, can he not also receive sacramental communion? [. . .] Some maintain that non-participation in communion is itself a sign of the sanctity of the sacrament. The question that is posed in response is: is it not perhaps an exploitation of the person who is suffering and asking for help if we make him a sign and a warning for others? Are we going to let him die of hunger sacramentally in order that others may live?

The early Church gives us an indication that can serve as a means of escape from the dilemma, to which Professor Joseph Ratzinger referred in 1972. [. . .] In the individual local Churches there existed the customary law on the basis of which Christians who, although their first partner was still alive, were living in a second relationship, after a time of penance had available [. . .] not a second marriage, but rather through participation in communion a table of salvation. [. . .]

The question is: This way that stands beyond rigorism and laxity, the way of conversion, which issues forth in the sacrament of mercy, the sacrament of penance, is it also the path that we could follow in the present question?

A divorced and remarried person: 1. if he repents of his failure in the first marriage, 2. if he has clarified the obligations of the first marriage, if it is definitively ruled out that he could turn back, 3. if he cannot abandon without further harm the responsibilities taken on with the new civil marriage, 4. if however he is doing the best he can to live out the possibilities of the second marriage on the basis of the faith and to raise his children in the faith, 5. if he has a desire for the sacraments as a source of strength in his situation, should we or can we deny him, after a period of time in a new direction, of "metanoia," the sacrament of penance and then of communion?

This possible way would not be a general solution. It is not the wide road of the masses, but rather the narrow path of what is probably the smaller segment of the divorced and remarried, those sincerely interested in the sacraments. Should not the worst be avoided precisely here? In fact, when the children of the divorced and remarried do not see their parents approach the sacraments they too usually fail to find their way to confession and communion. Should we not take into account the fact that we will also lose the next generation and perhaps the one after it too? Our long-established practice, is it not showing itself to be counterproductive? [. . .]

THE PRACTICE OF THE EARLY CHURCH

According to the New Testament, adultery and fornication are behaviors in fundamental contrast with being Christian. Thus in the ancient Church, along with apostasy and murder, among the capital sins that excluded one from the Church was also adultery. [. . .] There is extensive literature on the relative exegetical and historical questions, within which it is almost impossible to get one's bearings, and different interpretations. One could cite for example on the one hand G. Cereti, "Divorzio, nuove nozze e penitenza nella Chiesa primitiva," Bologna 1977, 2013, and on the other H. Crouzel, "L’Eglise primitive face au divorce," Paris 1971, and J. Ratzinger […] of 1972, [reproduced] in "L'Osservatore Romano" of November 30, 2011.

There can be no doubt however about the fact that in the early Church, in many local Churches, by customary law there was, after a time of repentance, the practice of pastoral tolerance, of clemency and indulgence.

It is against the background of this practice that canon 8 of the Council of Nicaea (325) must also be understood, aimed against the rigorism of Novatian. This customary law is expressly discussed by Origen, who maintains that it is not unreasonable. Basil the Great, Gregory Nazianzen, and some others also refer to it. They explain the judgment of “not unreasonable” with the pastoral intention of “avoiding the worst.” In the Latin Church, through the authority of Augustine, this practice was abandoned in favor of a more strict practice. Even Augustine, however, in one passage speaks of venial sin. He therefore does not seem to have excluded all pastoral solutions at the outset.

Even afterward the Western Church, in difficult situations, through the decisions of synods and the like always sought, and even found, concrete solutions. The Council of Trent [. . .] condemned Luther's position, but not the practice of the Eastern Church. [. . .]

The Orthodox Churches have preserved, in keeping with the pastoral viewpoint of the tradition of the early Church, the valid (for them) principle of oikonomia. Beginning in the sixth century, however, making reference to Byzantine imperial law, they went beyond the position of pastoral tolerance, of clemency and indulgence, recognizing together with the clause of adultery other reasons for divorce as well, which are based on the moral and not only the physical death of the marriage bond.

The Western Church followed another path. It excludes the dissolution of a ratified and consummated sacramental marriage between baptized persons, but it acknowledges divorce for non-consummated marriage, as also, according to the Pauline and Petrine privilege, for non-sacramental marriages. Along with this are declarations of nullity for defect of form; in this regard we could however ask ourselves if what are brought to the forefront, in a unilateral way, are not juridical points of view that are historically very much late in coming.

J. Ratzinger suggested that Basil's position should be taken up again in a new way. It would seem to be an appropriate solution, one that is also at the basis of these reflections of mine. We cannot refer to this or that historical interpretation, which still remains controversial, nor can we simply replicate the solutions of the early Church in our situation, which is completely different. In the changed current situation we can however recover the basic concepts and seek to realize them in the present, in the manner that is just and fair in the light of the Gospel.

This talk by Cardinal Kasper is pure ressourcement theologie, looking for solutions to modern problems through the study of Tradition.   This means that it follows the principles worked out by theologians in France before and after the 2nd World War, a network rather than a group which later became the the main influence in Vatican II where they were joined by Archbishop Wojtyla and Fr  Joseph Ratzinger.   The refugee community of Russian Orthodox theologians after the Russian Revolution in France made a strong impact on them.   This talk is evidence of the continuity between the last five popes, even if Pope Francis still has the taste for bold decisions that Fr Joseph Ratzinger had during the Council but lost in later life.

Incidently, the idea that, when we cannot find a solution to a problem in the ordinary understanding of the faithful at the present moment, we can look for it in past Tradition where the Holy Spirit was equally present, then as now, this has opened up the possibility of re-interpreting Vatican I in the light of earlier Tradition and thus healing the East-West schism.   This has frightened some and has brought about a difference between Constantinople and Moscow, as we saw in the last post.