Review for Religious

Review for Religious

January 15, 1943

COMMON LIFE may mean either of two things. In a wide sense it means the observance of a common rule under the authority of a common superior in community life. It is in this sense that canon 487 of the Code defines the religious state as "a stable manner of living in common." In the strict and more technical sense, common life is taken to mean that all the members of a religious community turn in to the common fund of the community all the fruits of their labors as well as any other revenue or income which they receive as religious, and in exchange they receive, in health and in sickness, food, clothing, and lodging, as well as all other things necessary for their state of life, from the common fund of the community. It is in this second sense that the term common life is to be understood in this article, which is an explanation of canon 594 of the Code, which reads as follows:

"§ 1. In every religious institute all must carefully observe common life, even in matters of food, clothing, and furniture.

§ 2. Whatever is acquired by the religious, including superiors, according to the terms of canon 580, § 2, and canon 582, n. I, must be incorporated in the goods of the house, or of the province, or of the institute: and all money and titles shall be deposited in the common safe.

§ 3. The furniture of the religious must be in accordance with the poverty of which they make profession."

In itself, therefore, the obligation of common life arises not from the vow of poverty, but rather from the law of the Church, and from the spirit of poverty. However, as will be seen from examples, many violations of common life will also entail violations of the vow of  poverty. Common life provides a strong protection for the vow of poverty by eliminating all excess and extravagance in the use of temporal things, thus preserving uniformity and equality in religious discipline, and avoiding those odious exceptions which are the cause of ill-feeling and dissension in a religious community.

Explanation of the Law

In every religious institute: whether it be an order with solemn vows or a congregation with simple vows makes no difference. The Council of Trent bad already prescribed common life for all religious orders of both men and women. The Normae (art. 127) of the Sacred Congregation of Bishops and Regulars, issued June 28, 1901, imposed it on all congregations of men and women with simple vows.

Common life must be accurately observed by all: Both superiors and subjects, therefore, are to receive whatever is necessary for life and for the pursuit of the apostolic labors of the institute from the community fund, even though they possess personal property. Thus every religious constantly lives from the alms and gifts of others, as do the poor, and he has the mere use of these things, which are owned by the community.

Even in matters of food, clothing, and furniture: uniformity, therefore, is the rule for all, for superiors as well as for subjects. Food: all are to partake of the food provided for the community in the common refectory. Extra dishes are not to be served to superiors of whatever rank, or to other officials of the community. The sick, of course, may be given those special dishes required by their diet. This is not a violation of common life, since all who need them receive them in like measure.

Clothing: all religious, superiors as well as subjects, should be given the various articles which make up the religious habit of the same form and quality of materials.

Other articles of clothing which serve for personal use may and should be allotted to the individual religious for their exclusive use. This was explicitly recommended by the Normae (art. 127). Such use of personal clothing is demanded for health's sake, and is not contrary to common life, provided the quality and quantity allowed is the same for all.

Furniture: here furniture means all movable objects which a religious needs for his personal use, and for his work: for example, toilet articles, stationery, books, instruments, tools, and other things of like nature. Such things granted for personal use should be more or less uniform in quality and quantity; those granted for use in the performance of one's office or work, will vary in quality and quantity according to the work to be done. Thus a teaching religious will need more books than one who is engaged in domestic work; a religious teaching the sciences will need instruments which would be superfluous in the cell of another religious.

The constitutions and book of customs of most institutes give detailed provisions regarding what members may have and use for food, clothing, and furniture. Frequently they forbid objects made of gold or silver, precious books, reliquaries and the like. Such provisions are in keeping with the spirit of poverty which is inculcated by the obligation of common life.

The Common Fund: Whatever a religious receives, even though he be a superior, is to be put in the common fund, and not used for private purposes. This is the general rule. Since a religious who has taken a solemn vow of poverty can no longer own anything, it is evident that all things that come to him, even by way of inheritance or bequest, belong to his community (canon 582, 1°). A religious who has taken a simple vow of poverty retains his right of ownership, and the right to acquire more, unless the constitutions of his institute forbid this (canon 580, § 1). Such property is personal, and subject to special prescriptions'.

However, even a religious with only a simple vow of poverty is obliged to turn over to the common fund whatever be acquires by reason of his own industry, or in respect to his institute (intuitu religionis). Such are the provisions of canon 580, § 2. There is no difficulty regarding the earnings of a religious due to his own industry. Salaries paid to teachers and nurses, offerings received on the occasion of apostolic work such as preaching, stole fees, Mass stipends, and the like, do not belong to the religious, but to his community, and must be turned over intact to the common fund. By reason of his religious profession his institute has agreed to support and educate the religious, and to provide him with everything necessary to carry on his work in the institute; he on his part has dedicated himself to the service of his institute; hence it is but meet and just that whatever he receives by reason of his physical, mental, or spiritual labor should be added to the common fund for the use of his community or institute.

The same obligation holds regarding whatever is given gratis to the religious in respect to his institute by any persons, even by relatives. In practice it is not always easy to determine what is given to a religious in respect to his institute, or, in other words, because he is a religious, and not because he is this individual, John Doe, let us say. If the gift is intended to help the charitable or educational work in which the religious community is engaged, or because of admiration for the zeal and devotedness with which the religious engage in such work, then it is certainly not intended for the religious as an individual, but for his community. Again, if the gift is intended for the personal needs of the religious, such as wearing apparel, medical or dental attention, expenses for a necessary journey, and the like, then the religious may not claim it as part of his patrimony, since all these personal needs are to be supplied from the community fund, to which, therefore, the gift must be turned over. This holds likewise for small gifts received from relatives and personal friends, when such gifts are intended to take care of the personal needs of the religious.

If the intention of the donor is not clear, the best thing to do is to ask him his intention regarding the gift. If this cannot be prudently done, and the doubt cannot be cleared up, the presumption will be that the gift was made to the religious as a religious, and not to him as an individual (compare canon 1536, § 1).

All money and titles shall he deposited in a common safe: that is, all money and negotiable papers, (notes, checks, drafts, and the like) acquired by the religious, including superiors, by reason of their labors, or given them in respect to their institute, or because they are religious. This part of the canon forbids religious, superiors as well as subjects, to keep money in their rooms or upon their persons. However, it is not against common life for a superior to allow religious living in a city to keep a small amount of change required for car-fare every day in carrying on the work of the community. It may be well to recall here that the provision of depositing all money and titles in the common safe does not apply to the personal property of an individual religious, unless he has appointed the community as his administrator, in conformity with the special regulations of the Code of Canon Law regarding such property. These regulations have been explained in another article referred to above.

The furniture of the religious must be in accordance with the poverty of which they make profession: This part of the canon refers to the furniture of the private cells of the religious, of the dormitory, refectory, community room, and of other parts of the house reserved for the exclusive use of the religious. There is no common standard laid down in the Code, except "the poverty of which they make profession." This will differ in different institutes, depending upon the greater or less degree of poverty to which each individual institute is devoted, taking into consideration the end and purpose of the institute.

The parts of the house in which the work of the institute is carried on for the benefit of externs may have more costly furniture. Thus religious may own well-equipped schools, colleges, and hospitals, as well as other institutions destined for the use and convenience of externs. Neither is it forbidden to superiors and other officials to have an office in such buildings with furnishings adapted to the needs of the office. Finally the common law of the Church does not forbid that oratories and churches of religious be magnificently built and ornamented. The constitutions, however, may prescribe certain limits in this regard.

Practical Rules for Superiors

1. It is the duty of the religious superior to see to it that all the needs of each member of the community are supplied from the community funds. In making this provision for the temporal needs of their subjects, superiors should remember that the term necessity has two meanings in connection with common life. First, in the literal meaning it refers to those things without which a religious cannot live or do the work entrusted to him; this is absolute necessity. Secondly, it means those things required for living and doing one's work in a suitable and proper manner; this is the necessity of convenience. Both meanings are to be taken into consideration in supplying the temporal needs of the individual religious. Absolute necessity is the same for all religious in all countries and in every institute. The necessity of convenience will vary in different countries, as well as in each institute by reason of its proper end, and by reason of customs and habits so diverse in different countries and institutes.

2. The religious superior should provide generously for the needs of his subjects, and avoid parsimony. In case of doubt regarding the necessity of convenience, it is preferable to exceed by giving more, rather than less, for such needs; since it is always preferable that a religious enjoy material things beyond what is strictly necessary, but under obedience and common life, than be exposed to the temptation of seeking such things outside of obedience and common life.

3. In distributing temporal goods according to the dictates of common life superiors should avoid all luxury, excessive comforts, and prodigality, as well as all things which may be contrary to the spirit of poverty which is proper to the profession made by the community.

4. A superior must avoid all spirit of partiality in the distribution of goods for common life, and all preferences of one over another, keeping always in mind the norm of life laid down by St. Augustine in his rule: "Let clothing and food be distributed by your superior, not equally to all, since you have not equal needs, but to each one according to his need."

5. Superiors should especially avoid using for their own personal needs more than they allow their subjects. To do so would be to violate common life. Their clothing and the equipment of their private cells should be the same as that of the other members of the same class in the community. Superiors and others entrusted with the care of the community goods should always remember that they are not the owners of such goods, but that they merely administer them in the name of the community. Hence they are not free to dispose of them at will, but they are bound to observe the regulations of Church law regarding the administration of ecclesiastical goods.

6. The following rule may help guide superiors in granting permissions for the use of temporal goods in conformity with the law of common life: "Do not grant the use of temporal things to any religious or to yourself, unless you would be willing to grant the same to every other member of the community who is in like circumstances."

Practical Rules for Subjects

1. Subjects are to keep in mind that they should receive from their own community whatever they need in the line of food, clothing and lodging, as well as whatever else is required to perform properly the work that has been entrusted to them. The law of common life prohibits them from receiving any of these things from parents, relatives, or friends, without the permission of superiors.

2. Religious may not help themselves freely to the common goods of the community, even though the articles taken be useful or even necessary for their work; the general or particular permission of the superior must be first obtained.

3. A religious may always, in good conscience, use the things given him for his needs by his superiors. He should remember, however, that a higher superior can always revoke a permission granted by an immediate superior.

4. Expenses for necessary or useful journeys should be met from the community fund, not from the personal property of the religious. Travel should not be allowed merely because the expenses are paid for by parents or friends. Should these latter offer to pay for a necessary or useful journey, the money given is to be turned in to the common fund, and necessary traveling expenses are to be received from the superior. Nor is it allowed to use such traveling funds for other purposes.

5. A religious may not refuse an offering given for his services, unless he has the consent of his superior to do so; for the remuneration of labor performed by a religious belongs to the community, not to himself, and only the competent superior can legitimately give away the goods of the community.

6. A religious may, with the express or presumed permission of his superior, receive every kind of gift, provided such gifts are afterwards placed in the common fund of the community, or the superior's express permission be obtained to use them. He may not accept such gifts when he knows that the superior is unwilling that he do so, or when the constitutions or customs prohibit them.

7. A religious may not receive a gift given with the express condition that it will be put to his independent and exclusive use, since this would be contrary to common life. This rule does not forbid a religious with a simple vow of poverty to increase his personal possessions by gifts to him personally (intuitu personae), but all such gifts must be added to his patrimony, and no superior can give him permission to use them for himself.

8. Religious may not borrow from relatives or friends articles which are to be returned when they are no longer useful or necessary, nor may they take such articles when they are freely offered, unless, in both cases, they first obtain the permission of the superior.

9. Religious may not give alms from the goods of the community given them for their use; nor from the fruits of their labors; nor give to the poor what they save from the food and clothing given them, unless they have permission to do so, since these things are the property of the community, and not their own, personal property.

10. When a religious is transferred from one house to another, he may not take away with him anything except his personal clothing, and other small objects given him for his personal use according to the norms laid down in the constitutions and by legitimate custom. For all other things the express permission of his superior is required.

Conclusion

During the Vatican Council a Constitution on Common Life was drawn up with great care and in detail, but was never voted upon or promulgated because the matter was not referred to the Council before it adjourned. The last paragraph of this Constitution may form a fitting conclusion to this article. It reads as follows: "For the rest, since perfect common life consists in this that all goods, income and gain, or anything else that religious (as religious) acquire under any title whatsoever, shall be entirely merged for the use of the religious family, and that all religious receive their food, clothing, and all other necessary things from this common fund, superiors shall not refuse the religious anything which is necessary, and the religious shall not demand anything which is superfluous. Hence charity and solicitude are earnestly recommended to superiors, religious moderation to subjects."