Dispensation of Mercy: A Canonical Study of Can. 1401 of CCEO

DISPENSATION OF MERCY
A Canonical Theological Study in the Context of Canon 1401 of

CCEO
DISPENSATION OF MERCY
A Canonical Theological Study in the Context of Canon 1401 of

CCEO
Mathew Praful Mohan

Reg. No. 14649
DIRECTOR
Dr. Thomas Mar Anthonios OIC
A Thesis
Submitted to the Department of Theology
in Partial Fulfilment of the Requirements for the
Degree of Bachelors in Theology
Pune
February 2017
ACKNOWLEDGMENT
First and above all, I praise God, the almighty for providing me this
opportunity and granting me the capability to proceed successfully. This thesis titled,
Dispensation of Mercy: A Canonical Theological Study in the Context of Canon
1401 of CCEO appears in its current form due to the assistance and guidance of
several people. I would therefore like to offer my sincere thanks to all of them.
As mentioned above, the Divine Providence had been a guiding force from the
time of the subject conception to its delivery. Thence onwards, the all compassing
wisdom has guided me. At the very onset, I thank and praise the almighty God for
allowing me to complete this scientific work with His abundant blessings and guiding
protection. Dr. Thomas Mar Anthonios OIC, the exarch of the exarchate of St.
Ephrems, Khadki and also a professor at BVP, had not only been my director but also
a co-pilgrim, giving me necessary guidance, loving encouragement, wise critical
comments and above all, his loving concern and boost throughout my work, despite
the pressure of his multi faced duties and programmes. I hereby gratefully
acknowledge his directions and thank him from the bottom of my heart for his
valuable suggestions.
I am also grateful to Dr. George Ayyaneth, BVP Director. I express my

heartfelt gratitude to Rev. Dr. Philip Vysanethu OIC for giving valuable suggestions
and observations. I thank Rev. Dr. Cyril Anand OIC, the Rector of the house for his
supports. I express my heartfelt gratitude to the librarians of both JDV and BVP
library. My word of appreciation and gratitude also extends to all my professors who
have supported me directly or indirectly. The support of all my community members
also needs to be placed on record, since their constant support and care make me what
I am. Last but not the least, I extend my heartfelt thanks to one and all who have
helped me in different ways.
Mathew Praful Mohan

14649
III B. Th.
ii
TABLE OF CONTENTS
ACKNOWLEDGEMENT ii
TABLE OF CONTENTS iii
GENERAL INTRODUCTION 1
CHAPTER 1
OIKONOMIA: THE DISPENSATION OF DIVINE MERCY IN THE ORIENT 4
1.0. Introduction 4
1.1. Etymology of the word Oikonomia 4
1.2. Equivalents of Oikonomia in Other Languages 5
1.3. Oikonomia in the Old Testament 6
1.4. Oikonomia in the New Testament 6
1.5. Oikonomia in the Writings of Church Fathers 7
1.6. Purpose of Oikonomia 8
1.7. Theological Significance of Oikonomia 9
1.8. Etymology of Akreibia 10
1.9. Hermeneutical Understanding of Oikonomia and Akreibia 11
1.10. Conclusion 11
iii
CHAPTER 2
INTERVENTIONS OF MERCY IN THE EVOLUTION OF CAN 1401

OF THE PENAL SANCTIONS IN CCEO: A HISTORICAL OVERVIEW 13
2.0. Introduction 13
2.1. Guidelines for the Revision of Penal Sanctions in the

Eastern Code of Canon Law 13
2.2. Principles for the Revision of Penal Sanctions in the

Eastern Code of Canon Law 14
2.3. History of Drafting of Penal Sanctions in the Eastern Penal Sanctions 14
2.3.1. The Draft of Canons Prepared by the Preconciliar

Eastern Code Redaction Commission 15
2.3.2. The Early stages of the Preparation of the Original Penal Law
Schema (November 1974-October 1976) 15
2.3.3. Revisions of the Original Schema (1977-1980) 17
2.3.4. Revision of the Original Penal Law Schema

(November-December 1982) 17
2.3.4.1. The Medicinal Character of the Schema 18
2.3.4.2. Abolition of Latae Sententiae Penalties 18
2.3.4.3. The Juridical Meaning of Terms Such as

puniatur, coerceatur, plectatur etc. 19
2.3.5. Last Stage of Eastern Code Drafting Process (1986-1990) 19
2.4. Conclusion 20
iv
CHAPTER 3
MANIFESTATIONS OF MERCY IN CAN. 1401:

A SCRIPTURAL READING 21
3. 0. Introduction 21
3.1. Gods Employment of Mercy in Scripture 22
3.1.1. The Old Testament God of Mercies 22
3.1.1.1. Mercy and Punishment 23
3.1.1.2. Mercy and Conversion 23
3.1.1.3. Yahwehs Mercy is Universal and All Inclusive 24
3.1.2. The New Testament God of Mercies 24
3.1.2.1 Mercy, the Heart of God the Father 25
3.1.2.2. Mercy Parables 25
3.1.2.3. Mercy in Paulian Letters 26
3.2. Power to Bind and to Loose 27
3.2.1. Role of Oikonomos: Imagery of the Lost Sheep 29
3.2.2. Role of Oikonomos: Imagery of the Prodigal Son 29
3.2.3. Role of Oikonomos: Imagery of Joseph the Just 30
3.3. Delicts as Sickness and Penalties as Medicines 30
3.4. Theological Understanding of Mercy in Can. 1401 32
3.4.1. Can. 1401: A Canon of Forgiving Mercy 33
3.4.2. Can. 1401: A Canon of Abounding Mercy 33
v
3.5. Conclusion 34
CHAPTER 4
HERMENEUTICAL RELEVANCE OF MERCY

TEMPERED CAN. 1401 35
4.0. Introduction 35
4.1. Juridical Relevance of Mercy 36
4.2. Can. 1401: A Hermeneutical Key for Social Justice 37
4.3. Sacramental Relevance of Can. 1401 39
4.4. Pastoral Relevance of Can. 1401: Mercy as an Expression of Respect,

Concern and Commitment 40
4.5. Can. 1401: A Copernican Revolution in Canon Law 42
4.6. Conclusion 43
GENERAL CONCLUSION 44
BIBLIOGRAPHY 48
vi
GENERAL INTRODUCTION
...without mercy, our theology, our law, our pastoral care, run the risk of collapsing into
bureaucratic narrow mindedness or ideology, which by their nature seeks to domesticate the
mystery. Understanding theology is, understanding God, who is love.1
The Extraordinary Jubilee Year of Mercy was indeed an event of gratuitous

divine grace. Authentic divine grace supersedes all limitations of space and time. It
transcends history and transforms life at the core. The Jubilee year was a call to live
out in our daily lives the mercy which God the Father constantly extends to all of us.
It was meant to shake the church out of its lethargic attitude and indifferent conduct
towards the reality of suffering in the society. Without mercy, the church and its
message lose credibility. The Pope says in Misericordiae Vultus, the Bull of
Indication of the Jubilee Year:
Mercy is the very foundation of the churchs life. All of her pastoral activity should be caught
up in the tenderness she makes present to believers; nothing in her preaching and in her
witness to the world can be lacking in mercy.2
Mercy in the realm of peripheral acts of charity is a comfortable, acceptable

and affectionate hermeneutics; but in the legal realm it ignites controversies and
debates. Mercy can be extended to the poor but to those who err it is difficult. This
paper titled, Dispensation of Mercy: A Canonical Theological Study in the Context
of Canon 1401 of CCEO, is an outcome of a reflective attempt to trace out the
essential character of mercy in the penal forum of CCEO. Till recently in the penal
forum, mercy was incorporated as an implicit principle. However Can. 1401 in CCEO
revolutionalised Churchs penal understanding and dared to manifest explicitly in line
with the Eastern thought, the character of mercy, with no parallel canons in CIC. The
statement that this paper substantiates is, Can. 1401 of CCEO transcends this
peripheral understanding of justice and penalties and manifests itself as a channel of
Gods mercy where delicts are seen as sickness and penalties as remedial medicines.
The paper as a whole can be summed up as a fourfold analysis of mercy in Can. 1401,
1
Pope Francis, Letter to the Theological Faculty at the Catholic University of Argentina, on
the occasion of its 100th Anniversary, LOsservatore Romano, March 13, 2015
2
Pope Francis, Misericordiae Vultus, 10.
1
which begins with the terminological analysis, then the historical, scriptural, and
finally the contextual analysis.
The first chapter is titled, Oikonomia: The Dispensation of Divine Mercy in

the Orient. In this chapter an attempt was made to investigate the particular nuances
of the term Oikonomia. Its etymology, its equivalents in other language, its
differentiation with the term akreibia, the manifestations of Oikonomia in the Old and
the New Testaments, in the writings of Church Fathers, and then its purpose and its
theological particularities. Thus this chapter reaches a conclusion regarding the
understanding of Oikonomia in the Orient which is nothing but the Divine
dispensation of the Economy of God which can be hermeneutically translated as the
Divine mercy or the merciful face of God.
The second chapter is titled, Interventions of Mercy in the Evolution of Can.

1401 of the Penal Sanctions in CCEO: A Historical Overview. This chapter tries to
portray a glimpse of the historical events, discussions and deliberation in connection
with the formulation of the Penal Sanctions of CCEO. The chapter notes down the
history beginning from 1940 onwards. The drafts prepared thereafter, its corrections
and the process of redaction forms the body of this chapter. Thus the chapter
concludes that the Penal Sanctions, in fidelity with the ancient canons and other
sources of some Oriental Churches has drawn up a design for an Oriental ecclesial life
within the catholicity of the Universal Church, being always in accordance with the
oikonomia of the Almighty.
The third chapter is titled as, Manifestations of Mercy in Can. 1401: A

Scriptural Reading. In this chapter manifestation of mercy in Can. 1401 is
substantiated in three parts beginning with the understanding of Gods employment of
mercy from the scripture, the second section analyzes the channels through which this
divine mercy is communicated to the faithful today and an in depth examination of the
term the power to bind and to lose is done in the third section the usage delicts as
sickness and penalties as medicines are assessed and the chapter concludes with the
theology of mercy in which the essential character of Can. 1401 is analysed on a
theological platform.
2
The fourth and the final chapter is titled as, Hermeneutical Relevance of
Mercy Tempered Can. 1401 in which the contextual relevance of the canon is
analysed. Its relevance is reflected from a juridical, sacramental, pastoral and from the
point of view of social justice. This chapter also tries to see this canon as a
Copernican Revolution in penal sanctions.
In the 21st century there have been critics questioning the role of mercy in the
penal sanctions, raising their eyebrows over doubts regarding dispensation of justice
going hand in hand with that of mercy, it is in this scenario that this paper finds its
relevance. As Pope Francis puts it, Justice and mercy are not contradictory realities
but two dimensions of a single reality that unfolds progressively and culminates in the
fullness of love.3 Law always stands for justice, but canon law wears the spectacle of
mercy and sees through the words of law into the spirit of law. CCEO in general and
Can. 1401 in particular is determined at abolishing sin and delicts but not at the cost
of the sinner.
This paper is of relevance from an ecclesiastical, pastoral and legal point of

view because it sheds better light towards the attitude of church especially the pastors
towards sinners. To know the smell of the sheep4 the Church must be compassionate
and merciful to the living conditions of the people. Even though the Jubilee of Mercy
ends, the invitation to mercy stands. The phrase call to mercy manifests two
meanings, first of all to experience His mercy personally and secondly to impart it to
those in need.
Finally, this paper is not an end in itself but it is meant to initiate the
researcher and to motivate all those at the primary level of their canonical studies to
facilitate a better reflection and deeper research in the field of CCEO and penal
sanctions and thereby to figure out the merciful hands of God in the entire penal code.
3
Pope Francis, Misericordiae Vultus, 20.
4
Pope Francis address to the worlds priests at the Chrism Mass on Holy Thursday March 28
3
CHAPTER 1
OIKONOMIA: THE DISPENSATION OF DIVINE MERCY IN THE

ORIENT
1.0. INTRODUCTION
There I will meet with you, and from above the mercy seat, from between the two
cherubim that are on the Ark of the Covenant, I will deliver to you all my commands
for the Israelites. (Exodus 25: 22)
Gracious is the Lord, and righteous; our God is merciful. (Ps. 116:5)
At the time of Vatican II, the attention of the Catholic theologians and
canonists was again drawn to the examples in history of the employment by the
Eastern Orthodox Churches of an authority which appeared to contravene divine
positive law, thereby justifying some outrageous concessions or at least making it
easier acceptable as a merciful exception to the rigor of the law.5 In 2016 when the
entire Catholic Church seriously reflects on the hermeneutics of mercy, the concept of
divine mercy in the Oriental Churches is revisited in this paper. The Oriental churches
incorporate this divine character into her hermeneutical contexts by a theologically
loaded term, called as Oikonomia. An understanding of the concept of divine
dispensation (Oikonomia) will unfold the rich significance of divine action for the
salvation of mankind thereby enabling us to deepen our faith experience. The term
with its myriad interpretations and theological implications have been the soul of the
Oriental thinking and its way of life. Being part of the very existence, Oikonomia is
the foundation on which the Can. 1401 of CCEO is built up.
1.1. ETYMOLOGY OF THE WORD OIKONOMIA
The word Oikonomia stems from the original word , or or .

The feminine noun form in its shortest definition means stewardship.6 In its broader
meaning it would mean management of the household affairs, stewardship, and
administration. The Greek oikonomeo has six shades of meaning namely: a. To
govern, supervise, to administer, b. To regulate, control, c. To support, sustain Gods
5
Pospishil, Eastern Catholic Church Law, 671.
6
http://biblehub.com/greek/3622.htm browsed on 6-11-2016
4
providence, d. To dispense, distribute, e. To plan, dispose affairs beforehand, f. To
effect, bring about, contrive.7 Oikonomia indicates: a. In general the law of natural
order, b. The divine dispensation in creation and the providential ordering of the
world, c. Gods special dispensation or interposition, especially of grace and mercy, d.
Divine grace or operation in sacraments, e. The Old Testament dispensation as a
whole, f. The incarnation of the second person of the Trinity. In this sense, oikonomia
clearly refers to Christs incarnate life and work; in particular of the passion and of
Christs redemptive activity in His death and resurrection.8
1.2. EQUIVALENTS OF OIKONOMIA IN OTHER LANGUAGES
The equivalent of Greek Oikonomia in Syriac is mdabbranuta.9 Mdabbranuta,

the feminine form of the root dabbar, has nuances: a. Guidance, direction, steering,
stewardship, leadership, b. Manner of proceeding action, c. Prudence, foresight, d.
Divine dispensation, government or economy of God. The last meaning is often
employed of our Lords entire doing with mankind especially of His incarnation and
life on earth.10 It can also be a way of life, the divine economy of salvation. It means
the economy of our Lord, everything that our Lord did when He was on earth, from
His birth to His ascension into heaven.11
The Latin term dispentio-onis from the root dispensare is another term
equivalent to Oikonomia. It means: a. To distribute, to pay out, manage, to regulate
12
household expense, b. To dispense, arrange. Dispensation as ordering or
arrangement implies a divine ordering or arrangement of worldly affairs, a system of
principles and rules divinely ordained and administered. Dispensation is also seen as
the distribution of relaxation of a law in a particular case in the church, which is seen
as juridically perfect society, to attain the eternal salvation of its members.13
7
Botte, Oikonomia, 286, quoted from Chittilappilly, Mdabbranuta, 7
8
Lampe, Patristic Lexicon, 940-942; Liddell and Scott, A Greek English Lexicon, 1204 quoted
from Chittilappilly, Mdabbranuta, 7-8.
9
Botte, Oikonomia, 286, quoted from Chittilappilly, Mdabbranuta, 6
10
Bar Bahlul, Lexicon Syriacum, 1008-1010 quoted from Chittilappilly, Mdabbranuta, 6
11
Manna, Chaldean- Arabic Dictionary, 135 quoted from Chittilappilly, Mdabbranuta, 7
12
Glare, Oxford Latin Dictionary, 554 quoted from Chittilappilly, Mdabbranuta, 7
13
Kubik, Dispensation, 905-907 quoted from Chittilappilly, Mdabbranuta, 7
5
Oikonomia in Malayalam can be comprehended as rakshapaddhati. This word
communicates the meaning of the whole economy of redemption. It is a compound
word from raksha (neuter gender) meaning salvation, and paddhati denotes way, plan
of action.14 Hence rakshapaddhati connotes the quintessence of the mystery of divine
dispensation.15 The Arabic word tadbir or more fully tadbir al-halas expresses the
meaning divine dispensation.16
1.3. OIKONOMIA IN THE OLD TESTAMENT
In the Rabbinical tradition, oikonomos means the steward a kind of chief

slave who supervised the household and even the whole property of the master. It can
also mean a house keeper estate manager or account (Isa. 36: 3, 37:2, Esth. 1:18, 8:9).
In short it can be said that in the Old Testament, oikonomia means office of the
household administration and discharge of this office. 17 Lampe says in the Old
Testament dispensation as a whole is seen as dispensation of the divine purpose.18
The first eleven chapters of Genesis were written in order to throw light on Gods intervention
at the time of Patriarchs and His election of one people-Israel. They also present in simple
figurative language the fundamental truths presupposed by the Economy of Salvation:
creation, the fall of Adam and Eve, their alienation from God, yet also from His part the
promise of the ultimate victory over evil are thus the key to the whole history of salvation and
consequently to Christian theology. 19
Thus the term Oikonomia in the Old Testament focuses on the thought that the
unifying theme of the Scripture that is the history of Gods saving acts, first in Israel
under the Old covenant and then in Christ who brings about a New Covenant
relationship between man and God.
1.4. OIKONOMIA IN THE NEW TESTAMENT
In Greek world, Oikonomia was regularly used for Gods ordering and
administration of the universe. The Economy (Oikonomia) in New Testament is
14
Padmanabha Pillai, Sabda Taravali (Malayalam), 1073, R. N. Paniker, Navayuga Bhasha
Nighandu (Malayalam), 549 quoted from Chittilappilly, Mdabbranuta, 8
15
Chittilappilly, Mdabbranuta, 8
16
Maroun, Vocabolario, 209 quoted from Chittilappilly, Mdabbranuta, 8
17
Kittel, TDNT, Vol. V, 152, quoted from Kuttiyil, Eucharist: The Celebration of the
Economy of Salvation, 45.
18
Lampe, A Patristic Greek Lexicon, 941, quoted from Kuttiyil, Eucharist: The Celebration of
the Economy of Salvation, 45.
19
Francis, A Biblical Celebration of the Divine Dispensation,13 quoted from Kuttiyil,
Eucharist: The Celebration of the Economy of Salvation, 45.
6
Gods saving plan for human race revealed through creation and above all through the
redemption effected in Jesus Christ. (Eph. 1:10, 3:9). Paul uses the term for the
apostolic office in 1 Cor. 9:17. In Eph. 1:10, the reference is made to Gods plan of
salvation which He has undertaken to execute in the fullness of time.20
Observation into the exegesis of Eph. 1:10, 3:2-9 will provide a proper
understanding of the word Economy. Its primary sense is the household
management or the office of the household manager, the steward. It can be
making of any kind of arrangement or dispositions and even to the execution of a
project previously determined upon. Paul emphasises the eternal counsel of God for
our salvation.21 The manifold meanings of Oikonomia exhibited in the forementioned
text can be divided into two groups as per the Anchors Bible. Firstly it denotes the
duty, occupation, or performance of a manager. The same title oikonomos refers to
steward, or administrator or a bishop. Secondly the noun can also mean a legal
instrument or a strategy or a plan. It is translated as dispensation or order of
salvation.22
In EDNT 23 the exegesis of Eph. 1:10 is given and various shades of the
meaning of oikonomia are discussed. The above mentioned meanings are repeated and
along with that the text also interprets Oikonomia as plan of salvation. It discloses
the mystery of God as all things in Christ. Economy designates the activity of
arranging or executing or implementation of the decision made by God. This
implementation of the plan of salvation is conceived as mystery 24 or to be more
precise the mystery of Gods mercy.
1.5. OIKONOMIA IN THE WRITINGS OF CHURCH FATHERS
The Fathers of the Church generally summed up the revealing and saving
activity of God by using Pauls word Economy. Ignatius of Antioch and Justin were
20
Kuttiyil, Eucharist: The Celebration of the Economy of Salvation, 47.
21
Beare, Ephesians, 619,620 quoted from Kuttiyil, Eucharist: The Celebration of the
22
Barth, Ephesians, 86-92 quoted from Kuttiyil, Eucharist: The Celebration of the Economy
of Salvation, 48.
23
Exegetical Dictionary of New Testament
24
Balz, Oikonomia, 498-500 quoted from Kuttiyil, Eucharist: The Celebration of the
7
among the first to use this term. Oikonomia in general terms means arranging,
administrating, undertaking. In the sense of administration, it involves a design, a
plan, and therefore a method and a disposition (dispensatio) 25 In the normal
usage of the Fathers, Economy means the whole of His work in all of its phrase and
in all its aspects; creation, the worlds development, providence, history, the work of
the nature and the work of Grace.26
The Divine Economy is thus Gods realisation of His own purpose for the
world, the mystery of mans salvation; a mystery functioning within created order and
unfolding in the course of time, the temporal dispensation, God our Saviours
economy and His plan for man. The concept of Gods plan of salvation finds a place
in the early tradition of the community.27
According to John Chrysostom, Oikonomia means Gods condescension to

human weakness, provide for, having consideration. It also means Good
management function of Christ.28
It can be seen that the Fathers generally use the term Oikonomia to refer to
the salvific work of Christ which include the incarnation, passion, death, and
resurrection of Jesus Christ and its effects on believers.29
1.6. PURPOSE OF OIKONOMIA
Oikonomia is both retroactive and preventive.30 When preventive, it is granted

for the sake of preventing some harm from happening to the community or individual,
or for healing a wrong when an act placed in the past was not in conformity with the
law and a harmful situation resulted. When granted retroactively, there exists a
disagreement among the theologians regarding the time its effect takes place. For
25
Lampe, A Patristic Greek Lexicon, 941-942 quoted from Kuttiyil, Eucharist: The
Celebration of the Economy of Salvation, 50.
26
Lampe, A Patristic Greek Lexicon, 941-942 quoted from Kuttiyil, Eucharist: The
27
Theological Dictionary of New Testament, 150-153 quoted from Kuttiyil, Eucharist: The
28
Homilies 36.2, 59.2 quoted from Kuttiyil, Eucharist: The Celebration of the Economy of
Salvation, 50.
29
Kuttiyil, Eucharist: The Celebration of the Economy of Salvation, 50.
30
Wijlens, Salus Animarum Suprema Lex, 563
8
some, it happens at the time of granting oikonomia, for others it reaches back to the
moment when the illegal act took place.
An absolute condition for the application of oikonomia is a special situation.

It is not easy to determine as to what constitutes such a special situation because
there are no relevant directives or definitions in the tradition. It can only be deduced
from a legal praxis. Praxis shows that when akribeia cannot serve the salvation of
souls, which is the purpose of all the norms of the Church, oikonomia comes into
play. This implies that the norms and the context in which they are applied stand in a
hermeneutical relationship: and through the use of oikonomia the norms of the Church
are open to an evolutionary process. Thus in order to find justice, the Orthodox legal
system is continuously challenged and, when necessary, modified, through a
hermeneutical process.
Oikonomia is used for three purposes. The first is the salvation of the faithful.
Thus the dialectics between mercy and law, gift of salvation and strict justice,
oikonomia and akribeia culminate in the service of salus animarum. Some Orthodox
writers refer to the approach of Jesus to the law: he said that the Sabbath was made for
the people and not the people for the Sabbath. (Mark 2:27) Some others say that the
Church continues the work of salvation initiated by Christ. In the former opinion
oikonomia and akribeia are alternating methods of the application of law. In the latter
opinion oikonomia has a pastoral- soteriological meaning, which means that the
priority is given to oikonomia over akribeia for the sake of salvation. The second and
third purpose (though not a major concern for the research) is to preserve or restore
peace between Churches and to maintain internal peace by avoiding and eliminating
scandals. Though all these purposes give primary consideration to the well being of
the ecclesial community, they are obviously intended to serve also the good of the
individual persons.
1.7. THEOLOGICAL SIGNIFICANCE OF OIKONOMIA
Paul uses the term Oikonomia to denote dispensation of the gospel (1Cor.
9:17), the dispensation of the fullness (Eph. 1:10) dispensation of the grace of God
9
(Eph. 3:2)31 The word economy (Oikonomia, dispensation) is the management of the
household as in Luke 16:24. In other New Testament passage it denotes the Divine
Providence. The term oikonomos means steward, the one who is entrusted with the
32
treasures of the gospel, has the knowledge of Gods plan of salvation.
Etymologically the term Oikonomia reveals that it is an important theme in Christian
theology.
The theological foundation for Oikonomia lies in Gods salvific action in Jesus
Christ. The task of the Church is to continue this action. Oikonomia also becomes an
integral part of legal institution because it plays a vital role when law and life meet;
and also its nature is pastoral because of its saving character. The Church reproduces
in herself and participates in this Trinitarian reality and thereby makes available the
divine compassion an experienced reality.
Oikonomia is the method that the Church applies for the good of the souls. The Church as
dispenser of grace can do many things: she revives radically the sacraments that rare
objectively invalid, as well as, on the contrary in order to resolve difficult situations that
would damage the souls in the long run, she declares the termination of positions and
situations which had been valid under all other aspects. 33
Thus theologically Oikonomia as it is applied in the Orthodox Church serves

the salvation of souls. God indeed wants the salvation of the souls of every human
being and the Church is the medium through which God wants to grant grace to the
people. Oikonomia thus reveals a greater elasticity and efficacy with a greater
optimism in the power of grace and of the resources of divine mercy as the supreme
law for the good of souls. It touches the totality of the plan of salvation in its dynamic
practical application.34
1.8. ETYMOLOGY OF AKREIBIA
Etymologically the Greek feminine noun form akribeia means exactness. It is

defined as strictness, accuracy, exactness, attention to detail, scrupulousness etc.35
31
Wigram, The Word Study Concordance, 3619 quoted from Kuttiyil, Eucharist: The
32
TDNT, 150 quoted from Kuttiyil, Eucharist: The Celebration of the Economy of Salvation,
54.
33
Dyovouniotis, The Sacraments of the Eastern Church from the Orthodox Viewpoint, 162
34
Wijlens, Salus Animarum Suprema Lex, 562.
35
10
In the Eastern Orthodox Church, akribeia, is strict adherence to the letter of
the law of the church, as distinguished from economy, which is discretionary
deviation from the letter of the law in order to adhere to the spirit of the law.36
1.9. HERMENEUTICAL UNDERSTANDING OF OIKONOMIA AND

AKREIBIA
Orthodox theologians always balance the use of oikonomia with the need for
akribeia, the virtue of the strict observance of law. There are three opinions among
the Orthodox theologians concerning the balance between akribeia and oikonomia.37
The first considers them to be equal. The purpose of canonical norms is the
salvation of the faithful and this purpose determines the means: the means are
akribeia and oikonomia. If law cannot be followed that is, akribeia cannot be
exercised; then recourse ought to be made to oikonomia. The second opinion gives
precedence to oikonomia over akribeia considering oikonomia as the first principle of
the divine imperative of salvation. The third opinion gives precedence to akribeia as
the usual guide for practice; oikonomia is to be applied only in exceptional cases and
under special conditions. Oikonomia becomes special form for the application of the
law.38
1.10. CONCLUSION
In this chapter an attempt was made to investigate the particular nuances of the
term Oikonomia. Its etymology, its equivalents in other language, its differentiation
with the term akreibia, the manifestations of Oikonomia in the Old and the New
Testaments, in the writings of Church Fathers, and then its purpose and its
theological particularities.
Thus this chapter reaches a conclusion regarding the understanding of

Oikonomia in the Orient which is nothing but the Divine dispensation of the Economy
of God. This Divine dispensation can be hermeneutically translated as the Divine
mercy or the merciful face of God which is made known to humanity through His
36
37
38
Wijlens, Salus Animarum Suprema Lex, 562
11
plan of salvation. He wants all to be saved and for this He designs a plan of salvation
taking into consideration human weakness and frailties. The Church being the face of
God in the world also employs this same Divine dispensation or Oikonomia through
its shepherds who have received the authority to bind and to lose. The presence of
Oikonomia facilitates the forgiving and healing strength of Christ in the Church. This
same Oikonomia has played a vital role in the evolution of Can. 1401 of the penal
sanctions which will be analysed in the next chapter.
12
CHAPTER 2
INTERVENTIONS OF MERCY IN THE EVOLUTION OF CAN

1401 OF THE PENAL SANCTIONS IN CCEO: A HISTORICAL
OVERVIEW
2.0. INTRODUCTION
It seems to some members of the Church that she should not have any
provision for punishment but only for correction by the application of love. However,
every society in human history has to protect certain values which defines that group
and which represents their spiritual meaning and structure of its existence. The
institution of punishment of disobedient members is well anchored in the New
Testament (John 20:21-23, 15:1-8, Acts 5:1-11, 8:18-24, 1 Cor. 4:21, 5:1-5, 1 Tim.
1:18-20, 2 Tim. 2:17, 1 Tim. 5:19) For this very reason, penal sanction exist in the
Church law (CCEO). However, since spiritual penalties can inflict deprivations,
especially upon those who are employed in the service of the Church, the law for this
reason is very much concerned that supreme justice, tempered by the love of the
Shepherd, reign in the province of penal sanctions.39
This chapter is an attempt to manifest the history of the codification of penal

sanctions (Can.1401) in CCEO since August 3, 1927 when the project of codification
of Eastern Canon Law was formally proposed, unanimously accepted and referred to
Pope Pius XI. The chapter tries to analyse the history of codification, and the
promulgation of CCEO especially the Eastern Penal Sanctions, for, such an analysis
would facilitate a better understanding regarding the interventions of mercy in the
evolution of Can 1401.
2.1. GUIDELINES FOR THE REVISION OF PENAL SANCTIONS IN THE

EASTERN CODE OF CANON LAW
The Guidelines for the Revision of Penal Sanctions in the Eastern Code of
Canon Law was modelled after the Principles of the Revision of the Code of Canon
39
Pospishil, Eastern Catholic Church Law, 635
13
Law of the Latin Church and was a point of reference during the whole work of
codification.40 They categorically stated that the apostolic traditions, the canons of the
Councils and of the Eastern synods, the Eastern canonical collections and the customs
common to the Eastern Churches served as the basis for the revision of the law of the
Eastern Churches. Concerning penal law, the Guidelines were limited to a few, though
very significant directives: a. Poenae latae sententiae are to be totally abolished; b.
there must be monitio canonica before imposing punishment; c. Positive acts are to be
reintroduced as punishments.41
2.2. PRINCIPLES FOR THE REVISION OF PENAL SANCTIONS IN THE

EASTERN CODE OF CANON LAW
The Principles for the Revision of Penal Sanctions in the Eastern Code of
Canon Law taken into consideration by the Study Group De delictis et poenis42 of
PCCICOR43 required: a. To coordinate as best as possible the internal forum and the
external forum, especially in penal law; b. To reduce or avoid all conflict between the
two; c. To reduce the threat of penalty; d. That penalties be imposed as a rule as
poenae ferendae sententiae and be remitted to the external forum; e. That poenae
latae sententiae be imposed only in a few and especially serious offences.44
2.3. HISTORY OF DRAFTING OF PENAL SANCTIONS IN THE EASTERN

PENAL SANCTIONS
The complex of penal canons in the Eastern Code represents a canonical

innovation for the Eastern Churches. Although a draft of 241 penal canons were
completed and approved in the late 1940s, it was never promulgated by Pope Pius
XII. However this text served as the point of departure for the work of the Eastern
coetus de delictis et poenis in the mid 1970s.45
40
Nuntia, 26 (1988), 100-113 quoted by Furst, Penal Sanctions in the Church, 789
41
Nuntia, 3 (1976), 24 quoted by Furst, Penal Sanctions in the Church, 790
42
Nuntia, 4 (1977), 72 quoted by Furst, Penal Sanctions, 792
43
Pontifical Commission for the Revision of the Code of Eastern Canon Law
44
Nuntia, 4 (1977), 72 quoted by Furst, Penal Sanctions, 792
45
Green, Penal Law in the Code of Canon Law and in the Code of Canons of the Eastern
Churches, 411
14
2.3.1. The Draft of Canons Prepared by the Preconciliar Eastern Code Redaction
Commission
The commission for the Redaction of the Eastern Code was initially set up in
1935. As mentioned above, the 241 canons on penal law were approved on 15 March
1946 and with further modifications a better draft on 21 January 1948. The
aforementioned draft largely corresponded to book V of the 1917 Code. However,
there was no further progress on the codification of this part of the law, and the
materials were placed in the Commission archives, not to be examined until 1974
when the postconciliar Eastern Penal Law coetus began meeting.
2.3.2. The Early stages of the Preparation of the Original Penal Law Schema
(November 1974-October 1976)46
From November 1974 through 1976 the penal law coetus met three times to
expedite the preliminary work on the pertinent schema. The first session, which took
place on 18-23 November 1974, was especially significant as it clarified the main
directions of the work of the coetus. The drafting of penal law was to be based
primarily on Vatican II. It was understood that at times the hierarchically organised
people of God needed to impose canonical penalties but only for the building up of
the persons and not for their destruction.47 (2 Corinthians 13:10)
A still more significant source of direction for the coetus was the collection of
principles for the revision approved by the Eastern Code Commission at its first
plenary session on 18-23 March 1974. 48 The guideline of the canons De delictis
addresses three issues.49 First of all, with due regard for the proposed reduction of
latae sententiae penalties in the Latin Code, it was judged that they should be
46
For a thoughtful report on the history of this early stage of the penal law drafting process
see S. Mudryj, Lo Schema Dei Canoni Riguardanti le Sanzioni Penali Nelle Chiese Orientali
Cattoliche, 72-76, offer a brief overview of this stage of the drafting process. Study group IX of the
Eastern Code Commission was entrusted with the drafting of this part of the law, quoted from Green,
Penal Law in the Code of Canon Law and in the Code of Canons of the Eastern Churches, 412
47
Churches, 412
48
For the text of the principles guiding the Eastern Code drafting process see Nuntia, 3
(1976/2), 3-10, 18-24 quoted from Green, Penal Law in the Code of Canon Law and in the Code of
Canons of the Eastern Churches, 413
49
Churches, 413
15
abolished in the Eastern Code. This was because they were contrary to the genuine
Eastern tradition, unknown to the Orthodox and unnecessary to adapt the Eastern
Code to contemporary exigencies.50 Secondly, greater emphasis was to be placed on a
canonical warning prior to inflicting a penalty in keeping with the ancient Eastern
canons.51 Finally there was a need to rethink the basic notion of a canonical penalty so
as to focus more on the imposition of a positive act rather than on the deprivation of
some good which would correspond better to the ancient and salutary Eastern
disciplinary tradition. Such a relatively positive approach to penalties would
correspond better to their medicinal character. 52 While the Orthodox approach to
penalties highlights the privation of some ecclesial good, they also admit that the
imposition of some positive act is an integral part of the ancient Eastern penal
practice.53
The coetus discussed this last point at length and expressed concerns about the
apparently sharp differentiation in the Latin Code between penalties and penances, a
differentiation unknown in the Eastern Church. 54 The coetus responded to this
concern that the aforementioned Latin differentiation was not suitable for the Eastern
Code. Furthermore the medicinal character of penalties is better stressed through
penalties imposing a positive act; presumably such a medicine can have its effect only
if it is freely embraced by the one breaking the law.55
The lengthy coetus discussion of latae sententiae penalties and the relationship
between penalties and penances significantly influenced the shaping of the original
schema. As noted earlier, the preconciliar draft of 241 canons was the point of
departure for the work of the coetus. That draft was examined carefully in the light of
50
Churches, 413
51
Churches, 413
52
Churches, 413
53
Churches, 413
54
Churches, 413
55
Churches, 413
16
the principles of revision for the Latin Church and especially the present and future
disciplinary needs of the Eastern Catholic Churches. Such needs were articulated in
the distinctive Eastern Code drafting principles approved in 1974. This being the first
effort to provide a systematic penal code for the Eastern Churches, the collections of
penal canons already existent in all the five principle traditions, were carefully
scrutinised. At the conclusion of the third meeting, the coetus approved a provisional
schema which was divided into two parts: part one-38 canons on laws and penal
precepts, the application of penalties, the subject of penalties and the remission of
penalties; part two- 25 canons on penalties for specific delicts.56
2.3.3. Revisions of the Original Schema (1977-1980)
The provisional schema was forwarded to the Central Committee of the

Eastern Code Commission and at its meeting from 7-12 February 1977, the two part
provisional schema containing 38 canons on penal sanctions in general and 25 canons
on penalties for specific delicts was discussed. Subsequently, another special
committee of the Eastern Code Commission met from 24 November 1980 to 6
December 1980 to review the work of various coetus including the one on penal
law. 57 Although the special committee made a few modifications in the penal law
schema, it basically accepted the bipartite text as satisfactory and highlighted its
distinctly penal character.
2.3.4. Revision of the Original Penal Law Schema (November-December 1982)
The original penal law schema was sent to the various consultative organs on
30 September 1981 with a request for observations to be forwarded to the
Commission by 30 March 1982. Comments were received from about a third of the
56
For the text of the provisional schema see Nuntia, 4 (1977/1), 76-96. At times only the text
of the canon is quoted, at other times pertinent to its formulation are discussed. There are also cross
references to appropriate canons in the lengthy preconciliar draft as the point of departure by the coetus
quoted from Green, Penal Law in the Code of Canon Law and in the Code of Canons of the Eastern
Churches, 414
57
Nuntia 12 (1981/1), 78-84 quoted from Green, Penal Law in the Code of Canon Law and
in the Code of Canons of the Eastern Churches, 415
17
consultative organs to whom the schema had been sent. The following reflections
briefly express some of the main general observations on the schema.58
2.3.4.1. The Medicinal Character of the Schema
The foundation of penal authoritys right to punish is the societal need to

vindicate and expiate the delict in order to restore justice. This entails an authoritative
duty to eliminate the scandal and societal damage resulting from the delict. Because
of the Churchs salvific character there is also need to foster the conversion and
salvation of the offender. In short there needs to be a healing of the scandal, the
societal damage, and the offender. All penalties are fundamentally only partly
expiatory of the delict, for, a complete expiation of ecclesiastical delicts does not
seem possible in this world. However, according to cc. 102 of the Council of Trullo59
and cc. 1 of the schema, all such penalties are entirely medicinal in the sense of being
oriented to healing the effects of the delict not simply on those whose rights are
violated but also on the offender. The basis for the right to punish is expiation of the
delict and the scope of the penalty is medicinal.60
2.3.4.2. Abolition of Latae Sententiae Penalties61
The special coetus decided not to ask the commission members to rethink their
1974 decision to abolish all latae sententiae penalties. They deemed it better to return
to the genuine Eastern penitential discipline, according to which absolution would be
deferred until the eparchial bishop judged that the societal damage had been repaired
and the offender truly reformed. They also suggested modifying cc.8 of the schema to
permit individual bishops to establish penalties for their Churches sui iuris claiming it
58
For a report on the revision of the original penal law schema in light of comments expressed
during the consultative process see, Nuntia 20 (1985/1), 3-58 quoted from Green, Penal Law in the
Code of Canon Law and in the Code of Canons of the Eastern Churches, 419
59
Churches, 421
60
Furst, Penal Sanctions in the Church, 793
61
Pampara, Characteristic features of the Penal Law, 269
18
to be contrary to the genuine Eastern tradition and stated that only the Supreme
authority of the Church could be authorized with such a power.62
2.3.4.3. The Juridical Meaning of Terms Such as puniatur, coerceatur, plectatur

etc.63
The coetus had at its disposal a proposal to change the aforementioned terms
on a case by case basis to clearly obligatory terms such as puniendus est or puniri
debet or to facultative or discretionary terms such as puniri potest. Yet after some
discussion the group chose, not to modify the work of the preceding coetus, but rather
to leave such expressions unchanged.
2.3.5. Last Stage of Eastern Code Drafting Process (1986-1990)
On 17 October 1986 the Schema Codicis Iuris Canonici Orientalis was

forwarded to the members of the Eastern Code Commission. The Eastern schema
contained 1561 canons in a volume of 276 pages.64 The material on penal law was
included in two titles of the schema: 27 on penal sanctions in general and 28 on
procedure for imposing penalties. After evaluating the reactions to the schema from
the Commission members and after further modifications the proposed Eastern Code
was presented to the Pope for his appraisal on 20 January 1989. 65 After a lengthy
consultation with his advisors, Pope John Paul II promulgated the Eastern Code by his
apostolic constitution Sacri Canones, on 17 October 1990 to take effect on 1
October 1991.
62
Nuntia 4 (1977) 73, 30 (1990) 67, quoted from Pampara, Characteristic features of the
Penal Law, 270
63
Churches, 423
64
Nuntia, 23 (1986/2), 109-118 quoted from Green, Penal Law in the Code of Canon Law
and in the Code of Canons of the Eastern Churches, 424
65
For an initial listing of proposed changes in the penal law sections of the 1986 schema prior
to the submission of the plenaria-approved text to the Pope see, Nuntia, 27 (1988/2), 72-74, 80, no. 28
(1989/1), 96-98, 136-138, no. 31 (1990/2), 38, 44-45 quoted from Green, Penal Law in the Code of
Canon Law and in the Code of Canons of the Eastern Churches, 424
19
2.4. CONCLUSION
The advent of Can. 1401 in CCEO marked a new phase in the history of the
Oriental churches. Both the commissions, namely those for the codification and for
the revision, worked extensively to make this advent an historical one. The
evolutionary history of Codex Canonum Ecclesiarum Orientalium depicts the very
nature of Oriental living incorporated into it. Though from the West, it is very much
of the East. The western penal rigidity seems to be absent in the Penal Sanctions of
CCEO.
Through this chapter a glimpse of the historical events, discussions and

deliberation in connection with the formulation of the Penal Sanctions of CCEO has
been portrayed. The chapter notes down the history beginning from 1940 onwards.
The drafts prepared thereafter, its corrections and the process of redaction forms the
body of this chapter.
Thus the Penal Sanctions, in fidelity with the ancient canons and other sources
of some Oriental Churches drew up a design for an Oriental ecclesial life within the
catholicity of the Universal Church, being always in accordance with the oikonomia
of the Almighty. The various lengthy discussions undertaken to formulate Can. 1401
and the penal sanctions bring to light the fact that the codification committee wanted
to formulate the penal sanctions in accordance with the true Oriental spirit of
Oikonomia. Thus, Oikonomia, the Oriental term for divine dispensation of mercy has
been the guiding principle in the formulation of the penal sanctions especially Can.
1401.
20
CHAPTER 3
MANIFESTATIONS OF MERCY IN CAN. 1401: A SCRIPTURAL

READING
3. 0. INTRODUCTION
CCEO tends to begin each title with a theologically dense introductory canon.
This tendency is particularly remarkable in the introductory canon of the penal law c.
1401. This theological canon is a considerably abridged and slightly modified
version of can. 102 of the Trullan (Quinisext) Council of 692.66
It behooves those who have received from God the power to loose and bind, to consider
the quality of the sin and the readiness of the sinner for conversion, and to apply medicine
suitable for the disease, lest if he is injudicious in each of these respects he should fail in
regard to the healing of the sick man. For the disease of sin is not simple, but various and
multiform, and it germinates many mischievous offshoots, from which much evil is diffused,
and it proceeds further until it is checked by the power of the physician. Wherefore he who
professes the science of spiritual medicine ought first of all to consider the disposition of him,
who has sinned, and to see whether he tends to health or (on the contrary) provokes to himself
disease by his own behaviour, and to look how he can care for his manner of life during the
interval. And if he does not resist the physician, and if the ulcer of the soul is increased by the
application of the imposed medicaments, then let him mete out mercy to him according as he
is worthy of it. For the whole account is between God and him to whom the pastoral rule has
been delivered, to lead back the wandering sheep and to cure that which is wounded by the
serpent; and that he may neither cast them down into the precipices of despair, nor loosen the
bridle towards dissolution or contempt of life; but in some way or other, either by means of
sternness and astringency, or by greater softness and mild medicines, to resist this sickness
and exert himself for the healing of the ulcer, now examining the fruits of his repentance and
wisely managing the man who is called to higher illumination. For we ought to know two
things, to wit, the things which belong to strictness and those which belong to custom, and to
follow the traditional form in the case of those who are not fitted for the highest things,
as holy Basil teaches us.67
Can. 1401 in its present form was achieved after much refining and precision
through many and sometimes rather difficult discussions.68 It contains very important
ideas in a very condensed form and is considered as the principle guideline for the
whole penal law of the Eastern churches.
Since God employs every means to bring back the erring sheep, those who have received from
Him the power of loosing and binding, are to treat appropriately the illness of those who have
66
The Council in Trullo Revisited, Kanonika 9, 183-185 quoted from Furst, Penal Sanctions
in the Church, 789.
67
http://www.newadvent.org/fathers/3814.htm browsed on 4 January 2017.
68
Nuntia, 4 (1977), 76 quoted by Furst, Penal Sanctions in the Church,790
21
committed offenses, by correcting, reproving, appealing, constantly teaching and never losing
patience, and are even to impose penalties in order to ensure that the wounds inflicted by the
offense may receive a cure and to preclude the offender from being given to dissoluteness of
life and contempt of the law. (Can. 1401, CCEO)
This canon becomes an embodiment of mercy by rooting itself in the mercy of

God made available for the church through those who have received the power to bind
and to lose and in spirit seeing delicts as sickness and penalties as medicines.
3.1. GODS EMPLOYMENT OF MERCY IN SCRIPTURE
Can. 1401 has its roots in the mercy of God manifested through the scripture.
As mentioned in the canon, God employs every means to bring back the erring
sheep. The scripture both the Old and the New covenants tells the story of a God
who intervenes in history with the sole aim of bringing back the erred sheep not with
the club of judgement but with the compassionate and tender care of a mother and
with a disciplined love of a father.
3.1.1. The Old Testament God of Mercies
In the Hebrew bible the terms used for mercy are: hesed and rahamim. The
Hebrew word hesed means unmerited loving kindness, faithfulness goodness and
divine mercy.69 It is often associated with the covenant that God established with the
people of Israel, His chosen people upon whom He bestows His blessings. However
the most important expression used in the Hebrew bible for mercy is rahamim which
also means a feeling of love. It comes from the root rehem which means womb.70
When it is applied to God it can be understood that the God of the Hebrew bible is the
wombish God. Exodus 34:6-7 otherwise known as the compassion formula
contains an appropriate description of the nature of God in the Old Testament with
hesed and rahamim: The Lord, the Lord, a God merciful and gracious, slow to
anger, and abounding in steadfast love and faithfulness, keeping steadfast love for
thousands, forgiving iniquity, transgression and sin. However there exists a
misconception that the God of Old Testament is a cruel God always rendering harsh
69
Koehler, The Hebrew and Aramaic Lexicon of the Old Testament, I, 336-337 quoted from
Rebello, Words, Action, Person Jesus, the Gospel of Fathers Mercy, 27
70
Halot , II, 1216-1219 quoted from Rebello, Words, Action, Person Jesus, the Gospel of
Fathers Mercy, 27
22
punishments, which is not true. His mercy began to flow at the Garden of Eden when
the first sin was committed and has kept flowing throughout the salvation history.
3.1.1.1. Mercy and Punishment
Throughout the sacred history of Israel one can notice the pendulum like
swing of punishments for human crime against God and then abundant shower of
divine compassion, when the people cry out to Him from the depths of their misery.
At the foot of Mount Sinai Israel undergoes disillusionment due to the physical
absence of Moses. Exodus 32: 1-14 narrates the incident whereby an entire nation
recedes to idol worship by moulding a calf. The Lord evaluates the people (v.9) and
then condemns them, Now let me alone, so that my wrath may burn hot against them
and I may consume them. (Exodus 32:10). However with Moses intercession, the
Lord changes his mind about the disaster that he planned to bring on his
people.(Exodus 32:14) By forgiving the nation as a whole, Lord reveals that mercy
constitutes the best way to express steadfast love. Therefore extraordinary mercy of
the Lord was awaited and before the nation becomes cognizant of the gravity of its
gross error, Lord exhibits the extraordinary mercy. 71 The book of Judges is also
punctuated by the recurring theme of divine anger inflamed by infidelity and the
mercy of God which sends a saviour. (Judges 2:18) Though the prophets foretell dire
catastrophes, they also manifest the tenderness of the heart of God. (Jeremiah 31,
Isaiah 49, 54)72
3.1.1.2. Mercy and Conversion
The chastisement of the Old Testament God is not revengeful but medicinal to
give healing to the sinner and to bring him/her back to Gods embrace. If Yahweh
leads His people into the desert it is because, He wishes to speak to their hearts
(Hosea 2:16). After the exile, He wishes their return to the land to symbolise their
return to His life (Jeremiah 12, Ezekiel 33, and Isaiah 14).73 God wishes the sinner to
recognise their evil ways. Let the wicked return to the Lord, who will have pity on
him and to our God for he shall abundantly pardon. (Isaiah 55:7)
71
Dabhi, The Lords Extraordinary Mercy in the Hebrew Bible, 18
72
Swami Vikrant, Mercy: Its Various Aspects, 68
73
23
3.1.1.3. Yahwehs Mercy is Universal and All Inclusive
Israel cherished in the depths of its heart the conviction that Yahwehs mercy
had no human elements: it was universal, unconditional and most tender though
mercy was inseparable from punishments. Come, let us return to the LORD; for it is
he who has torn, and he will heal us; he has struck down, and he will bind us up.
(Hosea 6:1) Hence the cry of the psalmist rings out unceasingly: In the abundance of
your mercy blot out my sins (Psalm 51:1) The universality of Yahwehs mercy is
manifested in the context of Jonahs story. The story of Jonah is a satire; 74 while
Yahwehs heart was touched by the sincere repentance of the gentile Ninevites, Jonah
was gleefully waiting for their destruction. (Jonah 4:2). This shows that Lord is ever
in hurry to save, never to delete.75
Thus the Lord of Old Testament exhibits mercy that is not logical, not rational,
not measureable, not repayable and not expected, yet gratuitously poured. 76 The Lord
cannot but outpours His extraordinary mercy on each one, which becomes the
foundation of Can. 1401.
3.1.2. The New Testament God of Mercies
The New Testament authors use the Greek terms eleos, and oiktirmos to
translate both hesed and rahamim. Of these three words, the noun eleos and the verb
eleew are employed most frequently.77 It is defined as kindness or concern expressed
for someone in need, mercy, compassion, pity, clemency.78
The Greek term oiktirmos means mercy, pity, kindness and compassion. The
Lucan text, Be merciful, as your Father is merciful (Luke 6:36), uses this adjective
oiktirmon twice.79 Robert Guelich, an NT scholar understands the biblical concept of
mercy in two ways: pardon and kindness. Firstly, pardon accorded to the one who
74
75
76
77
Noun eleos occurs 27 times in NT, verb eleeo is used 28 times in the NT quoted from
78
Bauer, A Greek English Lexicon of the New Testament and Other Early Christian
Literature, 316 quoted from Rebello, Words, Action, Person Jesus, the Gospel of Fathers Mercy, 28
79
24
has done wrong as in Matthew 18:32-34, secondly, showing kindness to the one in
need as in Mark 10:47. 80 These texts substantiates Guelichs claim and clearly
illustrates mercy as an act of pardon and forgiveness, extended to both Israelites and
non Israelites alike.
3.1.2.1 Mercy, the Heart of God the Father
Jesus wished to depict the characteristic features of divine mercy which

showed forth in his action to sinners who saw themselves excluded from the kingdom
of God by the pettiness of the Pharisees. So he proclaimed a gospel of mercy, infinite
mercy which follows in direct line from the authentic pronouncement of the Old
Testament. Those who please the heart of God are not the self righteous but the
repentant sinners whom Jesus called as the lost lamb or the coin that was lost and
found again. (Luke 15). The Father is anxiously waiting for the return of the prodigal
son and when he sees him at a distance, he is moved with compassion and runs to
embrace him. (Luke 15) Thus the New Testament manifests the merciful face of God.
3.1.2.2. Mercy Parables
The parables that Jesus told explicitly showed the essential character of mercy
and the manner in which God employs mercy in the contextual life situation of a
sinner.
In Matthew 18:23-35, the parable of unforgiving servant highlights the

reciprocity of mercy. Commenting on this parable Pope Francis writes, Jesus affirms
that mercy is not only an action of the Father, it becomes a criterion for ascertaining
who his true children are. In short we are all called to show mercy because mercy has
first been shown to us. Pardoning offences becomes the clearest expression of
merciful love, and for us Christians it is an imperative from which we cannot excuse
ourselves.81
80
Guelich, The Sermon on the Mount, 88 quoted from Rebello, Words, Action, Person Jesus,
the Gospel of Fathers Mercy, 29
81
Pope Francis, Misericordiae Vultus, 9
25
In Lukes (7:36-50) gospel, the parable of the two debtors and their creditor,
told in the house of Simon the Pharisee presents the meeting of divine mercy and
human misery. The woman who is forgiven more loves more. It affirms that only
Gods mercy and forgiveness can make up for the debt that each one owes to God.82
The parable of the Good Samaritan (Luke 10:25-37) explicitly demonstrates

the love and of neighbour. However it can also be reflected allegorically whereby the
wounded man represents the wounds of a sinner and the Good Samaritan who applies
medicines to heal the wounds represents the merciful face of God manifested by the
Church.83
The parable of the Lost Sheep, Lost Coin and the Lost Son or the Merciful
Father (Luke 15) can rightfully be called the gospel of mercy. In the first two
parables, mercy becomes a search for something that is lost, which culminates in
rejoicing. In the third parable, the merciful Father overcomes the waywardness of his
son, by restoring anew his dignity as a son.84
3.1.2.3. Mercy in Paulian Letters
St. Paul gives us the most comprehensive doctrine of Divine Mercy. For him,
Divine Mercy, considered as God's merciful love toward human beings, is essentially
synonymous with God Himself.85 For example, he begins his second epistle to the
Corinthians as follows: Blessed be the God and Father of our Lord Jesus Christ, the
Father of mercies and the God of all consolation (2 Corinthians 1:3). According to
St. Paul, it was from out of the depths of God's merciful love that God brought us
back from spiritual death to new life in Christ.
But God, who is rich in mercy, out of the great love with which he loved us even when we
were dead through our trespasses, made us alive together with Christ by grace you have been
saved and raised us up with him and seated us with him in the heavenly places in Christ Jesus,
so that in the ages to come he might show the immeasurable riches of his grace in kindness
toward us in Christ Jesus. (Ephesians 2:4-7)
82
83
A Detailed discussion of this parable would appear in the later part of this chapter.
84
85
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St. Paul then bases the moral imperatives that he teaches on this gospel of
mercy that he preaches: as God through Christ has been merciful to us, so we also
ought to be merciful to one another (Eph. 4:31-32): Put away from you all bitterness
and wrath and anger and wrangling and slander, together with all malice, and be kind
to one another, tender hearted, forgiving one another, as God in Christ has forgiven
you Similarly, St. Paul writes in Colossians 3:12: As Gods chosen ones, holy and
beloved, clothe yourselves with compassion, kindness, humility, meekness, and
patience. Bear with one another and, if anyone has a complaint against another,
forgive each other; just as the Lord has forgiven you, so you also must forgive.
Finally, for St. Paul, God's mercy is seen in the epistle to the Romans as the
only possible explanation of why he allowed the whole human race, both Jew and
Gentile alike, to fall into sin (Rom. 11:32): For God has imprisoned all in
disobedience so that he may be merciful to all. In other words, God permitted evil,
sin, and unfaithfulness in order to show a mercy that was even greater than sin and
death. Thus, even sin and death results in God being glorified in the end, even more so
86
than if He had not permitted human beings to fall.
Thus the scripture as a whole is nothing but a running record of Gods tenderness
towards human erring. The means that God employs may defer from situation to
situation and from generation to generation, however the fact that He wants all to be
saved remains an essential truth unchanged. This is what Canon 1401 manifests by its
formulation, Since God employs every means to bring back the erring sheep.
3.2. POWER TO BIND AND TO LOOSE
The power to bind and to lose has its scriptural basis in Matthew 16:19, I will
give you the keys of the kingdom of heaven, and whatever you bind on earth will be
bound in heaven, and whatever you loose on earth will be loosed in heaven Thus this
part of Can. 1401 addresses those who have the power of binding and loosing and
thus indirectly refers to the most important biblical basis of the Churchs power to
punish.
86
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The Catechism of the Catholic Church offers a deeper reflection to the
terminological and notional understanding of this phrase binding and loosing:
During his public life Jesus not only forgave sins, but also made plain the
effect of this forgiveness: he reintegrated forgiven sinners into the community of the
People of God from which sin had alienated or even excluded them. A remarkable
sign of this is the fact that Jesus receives sinners at his table, a gesture that expresses
in an astonishing way both Gods forgiveness and the return to the bosom of the
People of God. (CCC 1443)
In imparting to his apostles his own power to forgive sins, the Lord also gives
them the authority to reconcile sinners with the Church. This ecclesial dimension of
their task is expressed most notably in Christs solemn words to Simon Peter: I will
give you the keys of the kingdom of heaven, and whatever you bind on earth shall be
bound in heaven, and whatever you loose on earth shall be loosed in heaven. The
office of binding and loosing which was given to Peter was also assigned to the
college of the apostles united to its head. (CCC 1444)
The words bind and loose mean: Whomever you exclude from your
communion, will be excluded from communion with God; whomever you receive
anew into your communion, God will welcome back into his. Reconciliation with the
Church is inseparable from reconciliation with God. (CCC 1445)
Thus, this power to bind and to lose is vested in the bishop, for, Gods saving
action is mediated by the bishop. According to the tradition originating in the New
Testament the office of the bishop is that of the oikonomos: he is the administrator of
the mysteries that God revealed in Jesus Christ and he therefore has the task to
proclaim and protect the faith of the people.87 He is the representative of Christ. Since
this representation is not merely symbolic, but real, the bishop reveals Gods presence
on earth. He is the mediator of salvation to the community. The bishop, the
oikonomos, is asked to imitate Gods merciful and salvific ways in Jesus Christ and
therefore has the power to grant oikonomia. Matters of greater importance that go
beyond the power of the bishop should be decided by a synod. The highest authority
87
28
remains always with an ecumenical council; it can even correct the decisions made by
a local bishop or a synod. As a rule a priest does not have the competence to apply
oikonomia, but in exceptional cases he could be delegated.88
3.2.1. Role of Oikonomos: Imagery of the Lost Sheep
Biblical imageries facilitate a better understanding regarding the role of

oikonomos which delivering justice. The imagery of the Lost Sheep is found in Luke
15:1-7. This Lucan periscope exhibits the story of a shepherd with hundred sheep and
at losing one of them leaves the other ninety nine and goes in search of that lost sheep,
Which one of you, having a hundred sheep and losing one of them, does not leave
the ninety-nine in the wilderness and go after the one that is lost until he finds it. The
character of the shepherd manifested here is that of the one going out in search of the
lost one and this is the face of mercy that the shepherd renders to his sheep.89 In a
similar fashion every oikonomos need to go out in search of the lost sheep from his
sheepfold. He need not wait for a sinner to return on his/her own but need to go out to
him/her with the mercy of Our Lord and bring them back to the communion of the
Church carrying them on the shoulder.
3.2.2. Role of Oikonomos: Imagery of the Prodigal Son
The parable of the prodigal son found in Luke 15:11-32 gives another
dimension to the character of oikonomos. Here the father is eagerly waiting for the
lost son who has gone on his own away from the father. Many theologians claim this
parable to be the parable of the merciful father than the parable of the prodigal son.
The father on seeing his son return from far doesnt wait to for him to reach and beg
pardon but goes out to him and embraces him. An oikonomos need to maintain this
character towards every sinner who comes back. Every person who has turned away
from God, seeking ones own autonomy, abandoning the Fathers house, must
experience the homecoming as they encounter the mercy of God through the
instrumentality of the oikonomos.90 As Pope Francis notes to every oikonomos: We
are His ministers; and in the first place we always have the need to be forgiven by
88
89
90
Nellikunnel, Editorial Kristujothy 32, 1, 8
29
Him. Therefore, whatever the sin being confessed, every missionary is called to
remember his true existence as a sinner and to offer himself humbly as a channel of
Gods mercy. 91 This is the same mercy Jesus renders when dealing with the
Pharisees who were passing judgement on the woman caught in adultery, Woman,
has no one condemned you? Neither do I condemn you. Go, and from now on do not
sin again (John 8:10-11)
3.2.3. Role of Oikonomos: Imagery of Joseph the Just
Joseph in the New Testament becomes an exemplary model for the Oikonomos
while rendering justice. Joseph is called a righteous man for not willing to put Mary to
public shame (Matthew 1:19), which he could have done according to the provisions
of the Law. Thus Joseph gets the title of being just not for rendering justice according
to the strict norms of Law, but extending justice according to the spirit of the Law
which is nothing but mercy.92 Oikonomos in the church need to manifest this feature
of Joseph especially while rendering justice in cases of complex human situations.
3.3. DELICTS AS SICKNESS AND PENALTIES AS MEDICINES
One of the most important characteristic traits of Can. 1401 and the Eastern
thinking is its conception of delicts as illness and penalties as medicine. This idea is
explicit in canon 102 of the Council of Trullo.93 The Eastern Code takes up this idea
in its first canon on penalties Can. 1401, thus subscribing to this mentality without
any reservation. Hence the Eastern Code does not divide the penalties into medicinal
and expiatory as does the Latin Code. 94 In this way it presents all penalties as
medicinal.95 It includes as penalties positive acts such as pilgrimage, prayers, and acts
of charity. (CCEO Can. 1426) These are medicines which the patient should take for
the cure of the sickness.
91
Nellikunnel, Editorial Kristujothy 32, 1, 8
92
Therukaattil, Triune Gods Mercy, 832.
93
Refer footnote 1 of this chapter.
94
Pampara, Characteristic Feature of the Penal Law, 284
95
According to CIC 1917, Can. 2215, the goal of a penalty is the correction of a delinquent or
the punishing of a delict. In CIC, can. 1341, the goal of penalty is presented as repair of scandal,
restore justice and reform the offender. Here one may note that the order of the three goals where the
reform of the offender occupies the last place. On the other hand, in CCEO, though all these goals can
be found, the primary goal is always the reform of the offender quoted from Pampara, Characteristic
Feature of the Penal Law, 285
30
This profound vision permeates many of the canons of the Eastern Code and
hence it can be rightly presented as a person-centered one. Each person and their well
being is the focal point in the penal law. It stipulates that the imposition of penalties
should be done through penal trial. (Can. 1402) It permits the hierarch to abstain from
penalties if the good of the offender suggests otherwise and the other conditions are
being fulfilled. (Can. 1403) 96 All these are instances which illustrate the person-
centered approach visualised by the medicinal character of penalties in the Eastern
Code and in spirit is nothing but the exhibition of the abounding mercy of Our Lord.
The Biblical imagery that can best manifest this medicinal character is the
analogy derived from the parable of the Good Samaritan. Luke 10:25-37 speaks the
story of person travelling and being attacked by robbers remains wounded by the
roadside, two passersby move away without taking the pain to wait and attend this
person, at last a Samaritan attends to his person, applies medicines and takes him to an
inn for care. This wounded person can be analogically understood as a sinner being
wounded by his/her own sins, lying wounded in sin with no one to take care. The
Church in the form of Oikonomos manifests itself and applies required medicines to
the wounds and takes the injured and wounded person to its own care.
The Church envisages a communitarian dimension with regard to the sin of a

person. It hints that every offense hurts not only individuals but the whole
ecclesiastical community. It defines the primary aim of ecclesiastical penalty or
medicines as the search for the sheep that has gone astray (Matthew 18:12-14; Luke
15: 4-7), in other words, the betterment of the offender. It mentions penalty as the last
resort to reach this end when all other means have failed. (2 Timothy 4:2). This canon
in short offers standards for the application of penalties.
Thus a sinner is not let to fall into death of despair nor to dissoluteness of life
or contempt of the law, and the church makes timely intervention into the life of her
faithful with the abounding and extraordinary mercy of Our Lord.
96
Furst, Penal Sanctions in the Church,793 quoted from Pampara, Characteristic Feature of
the Penal Law, 285
31
3.4. THEOLOGICAL UNDERSTANDING OF MERCY IN CAN. 1401
Can. 1401 realizes that divine mercy is the distinctive feature of Gods
character and is the ground for all encompassing salvation.97 Though Israelites broke
the covenant and went away from God to other gods, Yahweh was faithful to them
and restored the covenant through historical revelations and events (Exodus 20:1-21,
33:19, 34:6), on account of His mercy, graciousness, steadfast love and
faithfulness. 98 This divine mercy which is the distinctive character of Gods mercy
forms the fundamental foundation of Can. 1401.
The Penal sanctions thus realises that the forgiving mercy of God reconciles,
unites and heals all the faithful from the poverty of sin and sinfulness. Psalms 25 and
51 illustrates this aspect, Be mindful of your mercy, O Lord, and of your steadfast
love, for they have been from of old. Do not remember my sins of my youth or my
transgressions, according to your steadfast love remember me, for your goodness
sake, O Lord. (Psalms 25:6-7, 51:2) It is sin that distances one from God. However it
is divine mercy that bridges and reconciles one with God and the church become a
channel of this reconciliation through Can. 1401. Thomas Merton once explained that
in the devils way of interpreting canon, The Law must triumph. There must be no
mercy. This is the chief mask of theology of hell, for in hell there is everything but no
mercy. That is why God Himself is absent from hell. Mercy is the manifestation of
His presence. 99 Thus, God who incarnates in and though mercy, makes Himself
visible, in Can 1401.
3.4.1. Can. 1401: A Canon of Forgiving Mercy
Can. 1401 imitates Jesus bearing witness to the forgiving mercy of God, by
relating with the sinners and restoring them to Gods covenantal bond. When the
Pharisees grumbles about Jesus behaviour, Jesus said to them, Those who are well
have no need of a physician, but those who are sick I have come to call not the
97
Kasper, Mercy: The Essence of the Gospel and the Key to Christian Life, 128 quoted from
Joseph, Mercy and Discipleship, 849
98
99
Merton, New Seeds of Contemplation, 90 quoted from Joseph, Mercy and Discipleship,
851
32
righteous but sinners.(Mark 2:17). As Morton Kelsey rightly puts it, The Church is
not a museum of saints, but a hospital for sinners. 100 The hospital is not for the
healthy ones but for sick people. So also the church, in Can. 1401, rightly articulates
that she is not a museum of righteous and holy but a place for the living and the
sinners, who need forgiveness and reconciliation. Thus Can. 1401 becomes that face
of God which goes in search of the lost and the least and embracing them with its
forgiving love.
3.4.2. Can. 1401: A Canon of Abounding Mercy
An oikonomos in Can. 1401 imitates Gods mercy which transcends every

human imagination and outweighs all human efforts and measures. The same face of
God which was seen in the parable of the prodigal son manifests through an
oikonomos. Though the son broke away and lost his sonship, he was not lost from the
heart of the father. The Church too, waits eagerly for the return of her lost children,
goes towards them, embraces them, kisses them and offers them the best robe and
places a ring on their fingers, thus reinstating their dignity and status.101 The Church
through this canon is not merely giving back a life giving relationship but exceeds
every anticipated measure, by giving them back their lost dignity. 102 The fathers
mercy in the parable helped the son to rediscover the good and the dignity of human
person which he had lost. Church also through this canon reinstates the dignity of
those lost sheep by preventing them from falling into the death of despair and
showering upon them her abounding mercy.103
3.5. CONCLUSION
The scriptural exploration of Can 1401 to unravel the manifestations of mercy

was an attempt to articulate a penal sanction of love and mercy which is oriented
towards the salvation of all and reaches out to the last, the lest and the lost in order to
restore and to heal. Penal canons are meant to restore peace and reinstate justice and
100
http://www.goodreads.com/author/quotes/89155.Morton_T_Kelsey browsed on 23 January
2017
101
102
103
33
so there is a widespread misconception that mercy has no role to play in penal
sanctions. However the scriptural foundations of Can. 1401 prove the fact that the
canon has its roots deep in divine mercy and so it cannot but exhibit mercy to all those
broken souls which take shelter under its wings.
The manifestation of mercy in canon 1401 was substantiated in three parts

beginning with the understanding of Gods employment of mercy from the scripture
in which various incidents and episodes from the Old and New Testaments were
analysed. The second section was an analysis of the channels through which this
divine mercy is communicated to the faithful today and an in depth examination of the
term the power to bind and to lose was done. The third section assessed the explicit
manifestation of mercy in this canon through the usage delicts as sickness and
penalties as medicines and the chapter concluded with the theology of mercy in which
the essential character of Can. 1401 was analysed on a theological platform.
Thus it can be concluded that Can. 1401 does not propound a theological
lyricism,104105as many canonists criticize.106 However this canon pointedly lays down
definite, supralegal, teleological, and theological guidelines for the theoretical
interpretation as well as the practical application of the entire penal law. It indicates
the basis of the Churchs penal law which is mercy; it points out the primary aim of
punishments in the Church as medicinal; it alludes to the sick nature of offences;
and thus it shows the way to proceed before imposing a penalty; and it defines penalty
standards.
104
Lyricism refers to an artist's expression of emotion in an imaginative and beautiful way
105
Furst, Penal Sanctions in the Church,790
106
Furst, Penal Sanctions in the Church,790
34
CHAPTER 4
HERMENEUTICAL RELEVANCE OF MERCY TEMPERED

CAN. 1401
4.0. INTRODUCTION
Cardinal Walter Kaspers book Mercy: The Essence of the Gospel and the Key
to Christian Life, provides an extended reflection on the meaning of mercy in its
scriptural and theological foundations and in ecclesial and socio political life. In this
book he acknowledges that the greatest criticism of the church is that her deeds do not
match her words, that she is in fact hard and unmerciful to many.107 This is a situation
that is scarcely compatible with Jesus own praxis. For, during his earthly life, nothing
caused as much scandal as his care for sinners. Why does he eat with tax collectors
and sinners? to which Jesus responds, Those who are well have no need of a
physician, but those who are sick; I have come to call not the righteous but the
sinners (Mark 2:16-17). To the accusers who dragged a woman taken in adultery
before him, he only said, Let anyone among you who is without sin be the first to
throw a stone at her. But when there was no one left who wanted to condemn her, he
said to the woman, Neither do I condemn you. Go your way, and from now on do not
sin again.(John 8:7-11). A deeper reflection on the hermeneutical relevance of Can.
1401 with its essential character of mercy becomes inevitable in todays context
where the world is reeling under the brutality of cycles of violence and counter
violence at various levels which has led astray individuals, families, churches, and
societies from faithfulness to God. These cycles must be broken and the only means
of doing so with a lasting effect seems to be Mercy.108 For, mercy alone can heal the
unhealable wounds and erase the inerasable scars. Mercy demands contextual
mediations with powerful witness. It is not something abstract, it is not a rhetoric
devise but something tangible. What is needed is a critical reflection of the challenges
and situations which can be translated into concrete witness.
107
Kasper, Mercy: The Essence of the Gospel and the Key to Christian Life, 221
108
Lobo, Mercy and Justice: The Warp and Woof of Human Life, 27
35
4.1. JURIDICAL RELEVANCE OF MERCY
Penal Sanctions are always considered to be the juridical channel of the church
to re-establish justice. Whenever an individual or a group of individuals do not act in
conformity with the law, penal sanctions intervene with its rod of corrections.
However many a times it is a comfortably forgotten fact that canon law is oriented
towards restorative justice rather than retributive justice. Can. 1401 manifests the
theology of restorative justice rooting itself on mercy as a legal principle. Mercy as a
legal principle is proposed by God in the Holy Scripture. Joseph is called a righteous
man for not willing to put Mary to public shame, which he could have done according
to the provisions of Law. In this mercy co-exists with justice, but more, being
merciful is considered as being just. As Pope Francis puts it, Justice and mercy are
not contradictory realities, but two dimensions of a single reality that unfolds
progressively and culminates in the fullness of love.109 This statement implies that
Gods act contain both justice and mercy. Gods justice is not limited to civil justice
or positive law of the society, rather it is Divine justice110 based on Gods faithfulness
to relationship expressed through the principle of mercy. Yves Congar in his
explanation about law and Gods justice says, ...mercy transcends it (justice), mercy
is the fulfilment of justice.111 When Can. 1401 proposes mercy as a legal principle it
follows the logic of divine justice and in order to understand it, one needs to put on
that divine optic to appreciate His justice soaked in mercy, oriented towards another
chance for conversion and hope.112
Can. 1401 in accordance to Gods mercy never justifies sin but attends the
sinner with mercy and offers him/her the gift of salvation; it liberates the sinner from
the burden of sin. 113 Thus Can. 1401 manifests a vision of justice which is above
legalism and juridical boundaries. It takes into account the dignity of the human
person and places mercy as the guiding norm. At the administrative realm, the
oikonomos allows himself to be touched by the victims situation and attempts to be
109
110
Joseph, Mercy and Discipleship 859
111
112
Joseph, Mercy and Discipleship 860
113
36
compassionate to them from the perspective of their situation. He functions not as a
secular judge but rather as one who leaves open the loophole of mercy that would
make possible a new beginning for the other.114
Mercy as a legal principle in the juridical realm does not refer to cheap grace
which implies preaching of forgiveness without requiring repentance; 115 on the
contrary it is applied according to the sense and spirit of the gospel. St. Paul makes it
clear that the punishment is to be understood as a punishment that intends to force the
sinner to reflect on his or her conduct to repent so that his/her spirit may be saved in
the day of the Lord. (1 Corinthians 5:5) Punishment is the last resort and as such is
temporally limited. It is the drastic and final means used by mercy. It has an
eschatological meaning; it anticipates the eschatological judgment and it saves people
from eternal punishment. Thus the Churchs penitential praxis is not pitiless harshness
but rather an act of mercy. 116 This understanding of Church discipline as the bitter but
necessary medicine of mercy is neither a form of legalism nor of laxity. It conforms to
a tradition that understood Jesus Christ in the light of His miraculous healings as
doctor, healer and saviour, a tradition in which the pastors, in particular the confessors
and tribunal judges, are understood not only as judges, but primarily as a doctor of the
soul.117
4.2. CAN. 1401: A HERMENEUTICAL KEY FOR SOCIAL JUSTICE
Mercy needs to be the lifeline and lifestyle of all in society in order to generate
more good will, transformation, reconciliation and peace. The theology of Can. 1401
goes beyond its restricted framework of canonical penalties. It challenges the social
living of every Christian. It proposes the extension of mercy by every faithful in their
contextual living conditions. In a wider perspective the church through Can. 1401
teaches her faithful that since God employs all means to bring back the erring sheep
(Can. 1401) each and every faithful is also bound to extend this act of Our Lord in
114
Therukaattil, Triune Gods Mercy, 833
115
Bonhoeffer, Costly Grace, 36-37 quoted from Kasper, Mercy: The Essence of the Gospel
and the Key to Christian Life, 230
116
117
37
cases of their brethren. Gustavo Gutierrez speaks of the Sacrament of the
Neighbour118 and this has great significance in Christian social justice. When mercy,
forgiveness and reconciliation become central to Christian living they do something
that is fundamentally impossible per se, they pardon what, from the view of justice, is
not at all pardonable. A murder, a war, and especially genocide are unpardonable.
Forgiving such unpardonable act that basically cannot be forgiven violates a sense of
justice that is eager for retribution. 119 Retributive justice justifies an appropriate
measure of revenge. However, by acting against the demand for retributive justice, a
Christian rises morally to a higher level. Can. 1401 thereby exhorts everyone to rise to
the higher level with God as their model. This is the model Jesus proposes, Be
perfect as your heavenly Father is perfect. (Matthew 5:48). Luke clarifies in what
this perfection consists by saying, Be merciful just as your father is merciful. (Luke
6:36) Being perfect like our heavenly father, is not merely to be just, but to be
merciful, to be forgiving and loving. But precisely by acting against the demand for
retributive justice, forgiveness becomes the foundation and starting point of a new,
just and reconciled co-existence.120 Forgivingness
...is a creative new beginning that cannot be derived from the world. By forgiving and
reconciling ourselves, we do something that we cannot make happen, something that is
rather inaccessible to us. In the gift of reconciliation, in which communal life in justice is
granted to us anew, we are pointing to something that is transcendent to us. In reconciliation,
we bestow on the other something that we dont have; consciously or unconsciously, we are
grasping after that which theologically is called grace and which scripture testifies is Gods
121
infinite mercy.
Through Can. 1401 the church teaches its faithful that retributive justice
cannot be the starting point for working toward a just, humane and reconciled new
world. Unlike retributive justice, the goal of restorative justice is not to punish people,
but to reconcile them and build community. Retributive justice is based on the
principle of revenge. Restorative justice, which depends on truth and forgiveness,
does not strictly demand ones due, but aims true repentance in the oppressor. 122The
satisfaction of the oppressed is not so much in being restored to his/her exact original
118
Guiterrez, The Last Judgment and the Primacy of Mercy,420 quoted from Therukaattil,
Triune Gods Mercy, 839
119
120
Benedict XVI, Caritas in Veritate, 6 quoted from Therukaattil, Triune Gods Mercy, 840
121
122
Therukaattil, Triune Gods Mercy, 841
38
status, as in seeing the oppressor change his/her ways 123 and this though creates
revolution in restoring social justice.
In the light of injustice and imminent despair or consumerist stupefaction,

which can never be completely abolished what one can do as Christian is manifested
by Can. 1401 and that is to be channels of Gods mercy. Pope Francis adds, However
this is just the beginning of conversion, not its end...God does not deny justice. He
rather envelops it and surpasses it with an even greater event in which we experience
love as the foundation of true justice.124
4.3. SACRAMENTAL RELEVANCE OF CAN. 1401
Those who approach the sacrament of reconciliation obtain pardon from

God's mercy for the offense committed against him, and are, at the same time,
reconciled with the Church which they have wounded by their sins and which by
charity, by example, and by prayer labours for their conversion. (CCC 1422)125
The world is athirst for reconciliation and Can. 1401 presents itself as a
sacrament of reconciliation. It imitates the Fathers reconciling love, a love that
reached out to us even when we were sinners (Romans 5:8) made tangible in the
welcome that Jesus extended to sinners and outcasts. This is based on the Pauline
understanding of reconciliation, It is all Gods work; he reconciled us to himself
through Christ and gave us the ministry of reconciliation...God was in Christ
reconciling the world to himself, not holding anyones fault against them. (2
Corinthians 5:18-19)
The world that we live in today is a world that is both a creation of God and
one tainted and twisted by the machination of evil and depredations of sin.126 As a
result the faithful are derailed from the path of righteousness and thereby become
subjects to canonical penalties. In such a scenario Can. 1401 acts as the sacrament of
reconciliation delivering the reconciling ministry of Christ countering the forces of
123
124
125
LG 11 2
126
Schreiter, Globalization and Reconciliation: Challenges to Mission, 143 quoted from
Kalathikattil, Sacrament of Reconciliation, 872
39
evil in the world. However this is not always an easy task for the church to imitate
Jesus and the Prodigal Father 127 in their compassion and thus the ensuing
responsibility of the Church is great. Today we find in the church, walking
marginalised...divorced and remarried Catholics, cohabiting Catholics, feminist
Catholics, gay and lesbian Catholics, alienated or lapsed Catholics... 128 To be a
credible sacrament of reconciliation, the Church will have to reach out to her own
alienated sons and daughters. Can. 1401 from the sacramental point of view reinstates
the fact that the Church can never err in forgiving. It presents a sacramental
worldview whereby the judiciary becomes a penitentiary. Each and every member of
the church who becomes the subject of canonical penalties therefore returns not as a
person fallen into the despair of death but rather as a person who has reinstated ones
own personhood.
4.4. PASTORAL RELEVANCE OF CAN. 1401: MERCY AS AN EXPRESSION

OF RESPECT, CONCERN AND COMMITMENT
Jesus reaches out to the guilty not adopting a righteous pose or occupying a
high moral ground, but in compassion and human tenderness, to the Samaritan
woman, the woman taken in adultery, the thief on the cross. 129 He recognises the
dignity of the individual no matter how great his/her fault. Similarly he shows respect
to the wrong doer. Your sins are forgiven my friend he says. (Luke 5:20) He
addresses him like an equal; not patronizing tone, no condescending attitude, no
display of sentimentality that would diminish the person concerned. Jesus mercy is
expressed in respect, concern, involvement, commitment: healing, encouraging,
planting hope, inviting people to think for themselves, building self confidence.130
Similarly, dealing with tax collectors and publicans, there is not one of self righteous
denunciation, no moralizing lectures, even though they had evidently been hard on
their own people and deceitful in their ways. (Luke 19:5-10). His strong words are
reserved for the scribes, Pharisees and other religious personnel. This was part of his
127
128
Dallen, The Sacrament of Penance: Historical Perspectives, 9, Favazza, Reconciling
Communities in Process: Taking a New Road Home, 69-70 quoted from Kalathikattil, Sacrament of
Reconciliation, 872
129
Menamparampil, Quality of Mercy, 812
130
40
pedagogy: of collective self criticism131 of those in service of God, from whom much
is expected. In fact, it is a sign of his deep concern for them and for the effectiveness
of their mission, in which he also shares. Pope Francis too has reserved the strongest
words for the clergy, religious and other Church leaders, of whom he is also one.132
In a similar fashion every priest undertaking pastoral ministry need to imitate

Christs mercy as manifested by Can. 1401. Thus a pastor is not merely meant to
bring social transformation but for thought transformation, heart transformation and
consequent social metamorphosis. 133 Every priest is therefore called for a mercy
inspired prophetic style of response to the contextual cycles of violence and counter
violence. The idea that the bishops and priests should be guided by the compassionate
attitude of the good shepherd who goes in search of the sheep rather than wait for the
sheep is one that is very strongly proposed by Holy Father. I want a priest who wears
the smell of the sheepbut also smiles the smile of a father.134The Church leaders of
the 21st century should have the smell of the sheep that comes as a result of being with
the sheep constantly and should be able to smile the smile of the Prodigal Father
who is overjoyed at the return of his prodigal son.
Can. 1401 also manifests the pastoral idea of Pope Francis that the church
today requires shepherds and not shearers. The shepherd will go in search of the lost
sheep and would be ready to make sacrifice in taking care of the sheep. The shearer
on the other hand need not and will not go in search of the sheep, does not have to be
worried about feeding the sheep or taking care of the sheep in any way. He is
interested only in what he can get from the sheep and not in what he can offer to the
sheep.135 People today are looking for a religion that brings them closer to God and
what they need for is not a tyrant but a priest or shepherd who acts like a shepherd136
and not a shearer.
131
132
133
134
Fares, Shepherds not Shearers: The Figure of a Bishop according to Bergoglio, 15 quoted
from Kalathikattil, Sacrament of Reconciliation, 875
135
136
Fares, Shepherds not Shearers: The Figure of a Bishop according to Bergoglio, 15 quoted
from Kalathikattil, Sacrament of Reconciliation, 875
41
If one takes care of the sheep, it will follow them. Its a lesson that Can. 1401
teaches every pastor. What the church requires today are shepherds after the heart of
Christ, who invites the shepherds to leave the ninety nine faithful sheep and go in
search of the lost sheep. What the church requires today are physicians who are able
to say along with the chief physician, that they have come so that they may have life
and life in abundance.137
From a pastoral point of relevance Can. 1401 wants every priest and bishop to
wear the mantle of the Father who impatiently waits with outstretched arms to
welcome the son who returns. They need to bear in mind and put into practice the
exhortation of Jesus, to be merciful as the heavenly father, thereby imitating the
model of God the Father who lets the sun shine on the good and the bad, the divine
farmer who lets the weed grow with the wheat and the servant who pleads that the fig
tree be given more time to produce fruits.138
4.5. CAN. 1401: A COPERNICAN REVOLUTION IN CANON LAW
Copernicus is considered as a revolutionary of his era. Prior to him, the earth

was considered as the centre of the universe and the planets including the sun to be
revolving around the earth. But the astronomical discovery proposed by him, changed
the entire astronomical outlook of his generation. He proposed that the sun is in the
centre and the planets including the earth revolve around the sun. This paradigm shift
is termed as The Copernican Revolution. Later any revolutionary changes came to
be labelled as Copernican Revolution.
Similarly Can. 1401 can be considered as a revolutionary canon presented in

CCEO. As a result of this canon the centre of focus shifted from a law centred or sin
centred penal sanctions to a sinner centred penal sanction. Thereby making it possible
to reveal the mercy of God to all those who ardently thirst for it in the light of
committing delicts.
137
138
42
4.6. CONCLUSION
Let us never tire of also going out to the other son who stands outside, incapable of rejoicing,
in order to explain to him that his judgement is severe and unjust and meaningless in the light
of fathers boundless mercy. May the confessors not ask useless questions, but like the father
in the parable, interrupt the speech prepared ahead of time by the prodigal son, so that the
confessors will learn to accept the plea for help and mercy pouring from the heart of every
penitent. In short, confessors are called to be sign of the primacy of mercy always,
139
everywhere, and in every situation, no matter what.
This chapter titled, Hermeneutical Relevance of Mercy Tempered Can.

1401, was an attempt to read Can. 1401 in todays contextual situation. Its relevance
was reflected from the juridical, sacramental, pastoral and from the point of view of
social justice. As a result a new dynamics and a wider outlook towards sin and sinners
were developed. It created an awareness that as pastors, one is an unworthy recipient
of the Mercy of God and thereby the generation of a positive anthropology towards
the penitent, and towards those who stray outside. Therefore Can. 1401 instigates each
pastor who has experienced the mercy of God to approach the penitent not as a
criminal to be judged but rather a child of God returning to the fathers house. Thus,
making the Church a field hospital,140 a space where wounds are healed and where
hearts are warmed.
139
140
Spadaro, A Big Heart Open to God: The Exclusive Interview with Pope Francis, quoted
from Odchigue, Mirroring the Merciful God, 39
43
GENERAL CONCLUSION
To err is human to forgive is divine. Dispensation of Mercy: A

Canonical Theological Study in the Context of Canon 1401 of CCEO had been a
journey of theological and conceptual participation in this divine forgiveness and
mercy. The hermeneutical living of the Church in the Year of Mercy along with its
theological implication according to the mind of Pope Francis had been the source of
inspiration for this reflective analysis. The Pope considers this time of ours as the time
of mercy. The wounded humanity of today should be treated by the mother Church.
She should go in search of the lost sheep rather than waiting for the knock. This
thought of Pope Francis acted as the point of departure for this theological study of
Can. 1401.
Through this paper the thesis statement, Can. 1401 of CCEO transcends the
peripheral understanding of justice and penalties and manifests itself as a channel of
Gods mercy where delicts are seen as sickness and penalties as remedial medicines,
has been categorically stated. The development of this thesis has taken shape through
a fourfold analysis of mercy in Can. 1401, which begins with the terminological
analysis, then the historical, scriptural, and finally the contextual analysis.
Dealing with the terminological analysis, mercy as understood in Can. 1401 is

manifested by a theologically loaded term Oikonomia. Through this chapter its
etymology, its equivalents in other language, its differentiation with the term akreibia,
the manifestations of Oikonomia in the Old and the New Testaments, in the writings
of Church Fathers, and then its purpose and its theological particularities were
analysed in detail. This chapter provides the groundwork for this thesis giving a better
understanding of Oikonomia in the Orient which is nothing but the Divine
dispensation of the Economy of God. This Divine dispensation can be
hermeneutically translated as the Divine mercy or the merciful face of God which is
made known to humanity through His plan of salvation. He wants all to be saved and
for this He designs a plan of salvation taking into consideration human weakness and
frailties. The presence of Oikonomia facilitates the forgiving and healing strength of
Christ in the Church.
44
The chapter on historical analysis provides a glimpse of the historical events,
discussions and deliberation in connection with the formulation of the Penal Sanctions
of CCEO. The chapter notes down the history beginning from 1940 onwards. The
drafts prepared thereafter, its corrections and the process of redaction forms the body
of this chapter. Over here history is not merely seen as set of events that happened in
the past, but as a set of events whereby God intervened to formulate the Can. 1401
according to His Oikonomia, whereby the Spirit guided the formulation committee to
prepare a canon exhibiting the merciful face of God.
The essential character of mercy in Can. 1401 is not an outcome of armchair

theological deliberation but has its foundation in the scripture. The scriptural
foundations of Can. 1401 prove the fact that the canon has its roots deep in divine
mercy and so it cannot but exhibit mercy to all those broken souls which take shelter
under its wings. The manifestation of mercy in Can. 1401 was substantiated in three
parts. Beginning with the understanding of Gods employment of mercy from the
scripture, in which various incidents and episodes from the Old and New Testaments
were analysed. The second section was an analysis of the channels through which this
divine mercy is communicated to the faithful today and an in- depth examination of
the expresssion the power to bind and to lose was done. The third section assessed
the explicit manifestation of mercy in this canon through the usage delicts as sickness
and penalties as medicines and the chapter concluded with the theology of mercy in
which the essential character of Can. 1401 was analysed on a theological platform. It
was concluded that Can. 1401 pointedly lays down definite, supralegal, teleological,
and theological guidelines for the theoretical interpretation as well as the practical
application of the entire penal law. It indicates the basis of the Churchs penal law
which is mercy; it points out the primary aim of punishments in the Church as
medicinal; it alludes to the sick nature of offences; and thus it shows the way to
proceed before imposing a penalty; and it defines penalty standards.
Hermeneutical relevance of Can. 1401 had been the most dynamic and
challenging part in this research. In this chapter the relevance of this canon with its
implicit character of mercy was scrutinised from various perspectives. Its relevance
was reflected from the juridical, sacramental, pastoral angle and from the point of
45
view of social justice. As a result new dynamics and a wider outlook towards sin and
sinners developed. It created awareness that as a pastor, one is an unworthy recipient
of the Mercy of God leading to a positive anthropology towards the penitent, and
towards those who stray away. Therefore Can. 1401 persuades each pastor who has
experienced the mercy of God to approach the penitent not as a criminal to be judged
but rather as a child of God returning to the fathers house. Thus, making the Church a
field hospital, a space where wounds are healed and where hearts are warmed.
Mercy is Gods gratuitous and gracious turning towards his people, rooted in
covenantal fidelity and steadfast love. Can. 1401 invites the faithful to transcend all
disparities and discriminations, narrow mindedness and envy, in order to participate in
the vision of the Loving Father, who creates, provides and loves unconditionally. Be
Merciful, just as your Father is Merciful (Luke 6:36). Can.1401 teaches us that penal
sanctions are not to judge nor to condemn, but to develop a non condemning attitude
as Jesus had towards the woman caught in adultery. Has no one condemned you?
Neither do I, Go away and from now on do not sin (John 8:10-11) The Church needs
to translate itself as an oasis of mercy giving visibility to the culture of mercy. The
people today are looking for a religion that brings them closer to God and what they
need for is not a tyrant but a priest or bishop who acts like a shepherd.
To sum up, mercy is the very foundation of the Churchs life. All her pastoral
activities should be caught up in the tenderness she makes present to believers;
nothing in her preaching and in her witness to the world can be lacking in mercy.
Similarly canon law especially the canons of penal sanctions are not meant to punish
the sinners and the wrongdoers but to heal their sickness and to bring them back to the
love of the Father. Though the Church imparts penalties they are meant to heal the
wounds and to save the sinners from falling into the depths of guilt. Can. 1401 is also
a radical call to all her pastors to extend their hands of mercy to those sinking in the
storm of sin as Jesus extended to Peter. She also wants her pastors to go in search of
the erring sheep and bring them back to the fold. Can. 1401 also goes beyond its
canonical nuances and appeals to all the faithful to transcend themselves towards the
other thereby making the Church a community of the merciful in this world where
hatred and the desire for revenge dominate.
46
As mentioned above, the completion of this paper had been a journey of
personal realisations. No pastors are meant to be persons of judgement neither do the
canonical norms provide provisions for the same, on the other hand they are supposed
to be embodiments of the eternal mercy and thereby live a life of incarnated mercy.
Finally, this paper is not an end in itself but it is meant to motivate all those at
the primary level of their canonical studies to facilitate a better reflection and deeper
research in the field of CCEO and penal sanctions and thereby to figure out the
merciful hands of God in the entire penal code.
47
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Dispensation of Mercy: A Canonical Study of Can. 1401 of CCEO

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DISPENSATION OF MERCY

A Canonical Theological Study in the Context of Canon 1401 of

A Canonical Theological Study in the Context of Canon 1401 of

Mathew Praful Mohan

I am also grateful to Dr. George Ayyaneth, BVP Director. I express my

Mathew Praful Mohan

TABLE OF CONTENTS iii

OIKONOMIA: THE DISPENSATION OF DIVINE MERCY IN THE ORIENT 4

1.1. Etymology of the word Oikonomia 4

1.2. Equivalents of Oikonomia in Other Languages 5

1.3. Oikonomia in the Old Testament 6

1.4. Oikonomia in the New Testament 6

1.5. Oikonomia in the Writings of Church Fathers 7

1.6. Purpose of Oikonomia 8

1.7. Theological Significance of Oikonomia 9

1.8. Etymology of Akreibia 10

1.9. Hermeneutical Understanding of Oikonomia and Akreibia 11

INTERVENTIONS OF MERCY IN THE EVOLUTION OF CAN 1401

2.1. Guidelines for the Revision of Penal Sanctions in the

2.2. Principles for the Revision of Penal Sanctions in the

2.3. History of Drafting of Penal Sanctions in the Eastern Penal Sanctions 14

2.3.1. The Draft of Canons Prepared by the Preconciliar

2.3.3. Revisions of the Original Schema (1977-1980) 17

2.3.4. Revision of the Original Penal Law Schema

2.3.4.1. The Medicinal Character of the Schema 18

2.3.4.2. Abolition of Latae Sententiae Penalties 18

2.3.4.3. The Juridical Meaning of Terms Such as

2.3.5. Last Stage of Eastern Code Drafting Process (1986-1990) 19

MANIFESTATIONS OF MERCY IN CAN. 1401:

3.1. Gods Employment of Mercy in Scripture 22

3.1.1. The Old Testament God of Mercies 22

3.1.1.1. Mercy and Punishment 23

3.1.1.2. Mercy and Conversion 23

3.1.1.3. Yahwehs Mercy is Universal and All Inclusive 24

3.1.2. The New Testament God of Mercies 24

3.1.2.1 Mercy, the Heart of God the Father 25

3.1.2.2. Mercy Parables 25

3.1.2.3. Mercy in Paulian Letters 26

3.2. Power to Bind and to Loose 27

3.2.1. Role of Oikonomos: Imagery of the Lost Sheep 29

3.2.2. Role of Oikonomos: Imagery of the Prodigal Son 29

3.2.3. Role of Oikonomos: Imagery of Joseph the Just 30

3.3. Delicts as Sickness and Penalties as Medicines 30

3.4. Theological Understanding of Mercy in Can. 1401 32

3.4.1. Can. 1401: A Canon of Forgiving Mercy 33

3.4.2. Can. 1401: A Canon of Abounding Mercy 33

HERMENEUTICAL RELEVANCE OF MERCY

4.1. Juridical Relevance of Mercy 36

4.2. Can. 1401: A Hermeneutical Key for Social Justice 37

4.3. Sacramental Relevance of Can. 1401 39

4.4. Pastoral Relevance of Can. 1401: Mercy as an Expression of Respect,

4.5. Can. 1401: A Copernican Revolution in Canon Law 42

The Extraordinary Jubilee Year of Mercy was indeed an event of gratuitous

Mercy in the realm of peripheral acts of charity is a comfortable, acceptable

The first chapter is titled, Oikonomia: The Dispensation of Divine Mercy in

The second chapter is titled, Interventions of Mercy in the Evolution of Can.

The third chapter is titled as, Manifestations of Mercy in Can. 1401: A

This paper is of relevance from an ecclesiastical, pastoral and legal point of

OIKONOMIA: THE DISPENSATION OF DIVINE MERCY IN THE

1.1. ETYMOLOGY OF THE WORD OIKONOMIA

The word Oikonomia stems from the original word , or or .

1.2. EQUIVALENTS OF OIKONOMIA IN OTHER LANGUAGES

The equivalent of Greek Oikonomia in Syriac is mdabbranuta.9 Mdabbranuta,