Exclaustration

Part of a series on the
Canon law of the Catholic Church
Ius vigens (current law) 1983 Code of Canon Law Omnium in mentem Magnum principium Code of Canons of the Eastern Churches Ad tuendam fidem Ex corde Ecclesiae Indulgentiarum Doctrina Praedicate evangelium Veritatis gaudium Custom Matrimonial nullity trial reforms of Pope Francis Documents of the Second Vatican Council Christus Dominus Lumen gentium Optatam totius Orientalium ecclesiarum Presbyterorum ordinis Sacrosanctum concilium Precepts of the Church
Legal history Jus antiquum (c. 33-1140) Ancient Church Orders Didache The Apostolic Constitutions Canons of the Apostles Collections of ancient canons Collectiones canonum Dionysianae Collectio canonum quadripartita Collectio canonum Quesnelliana Collectio canonum Wigorniensis Gelasian Decree Symmachian forgeries Pseudo-Isidorian Decretals Donation of Constantine Gregorian Reform Lay investiture controversy Dictatus papae Libertas ecclesiae Plenitudo potestatis Jus novum (c. 1140-1563) Corpus Juris Canonici Decretum Gratiani Decretist Canon Episcopi Margaritae Jus commune Decretals of Gregory IX Decretalist Regulæ Juris Extravagantes Liber Septimus Jus novissimum (c. 1563-1918) Council of Trent Benedictus Deus Tametsi Apostolicae Sedis moderationi Jus codicis (1918-present) 1917 Code of Canon Law Ecclesiae Sanctae 1983 Code of Canon Law Other Contractum trinius Papal judge-delegate Right of option
Eastern law Code of Canons of the Eastern Churches Eastern Canonical Reforms of Pius XII Nomocanon Eparchy Exarchate Ordinariate for Eastern Catholic faithful Protosyncellus
Liturgical law Latin Church General Roman Calendar Ranking of liturgical days in the Roman Rite General Instruction of the Roman Missal Code of Rubrics Sacrosanctum Concilium Mysterii Paschalis Musicam sacram Scripturarum thesaurus Liturgiam authenticam Quattuor abhinc annos Ecclesia Dei Summorum Pontificum Magnum principium Traditionis custodes Red Mass Holy day of obligation
Sacramental law Communicatio in sacris Ex opere operato Omnium in mentem Validity and liceity Sacraments Holy Orders Impediment (Catholic canon law) Abstemius Defect of birth Obligation of celibacy Nullity of Sacred Ordination Apostolicae curae Dimissorial letters Episcopal consecrators Approbation (Catholic canon law) Confession Penitential canons Paenitentiale Theodori Seal of the Confessional Internal and external forum Note on the importance of the internal forum and the inviolability of the Sacramental Seal Apostolic Penitentiary Canon penitentiary Complicit absolution Sacramentum Poenitentiae Eucharist Eucharistic discipline Canon 915 Celebret Mass stipend Sacramentals Indulgence Indulgentiarum doctrina Sacred places Altars Major basilica Minor basilica Oratory (chapel) Sacred times Feast days Fast days and abstinence Paenitemini Holy day of obligation
Matrimonial law Canonical form (Latin Church) Tametsi Ne Temere Banns of marriage Declaration of Nullity Dignitas connubii Matrimonial Nullity Trial Reforms of Pope Francis Vetitum Defender of the Bond Impediments to Marriage Affinity Clandestinity Impediment of crime Disparity of cult Ligamen Public propriety Matrimonial dispensation Ratum sed non consummatum Sanatio in radice Natural marriage Pauline privilege Petrine privilege
Supreme authority, particular churches, and canonical structures Supreme authority of the Church Roman Pontiff College of Bishops Supra-diocesan/eparchal structures College of Cardinals Conference of bishops Synod of Bishops Particular churches Churches sui juris Latin Church Eastern Catholic Churches Local particular churches Appointment of bishops Abbacy nullius Apostolic vicariate Apostolic vicar Apostolic administration Apostolic administrator Diocese/Archdiocese Aeque principaliter Cathedraticum In persona episcopi Diocesan Curia Moderator of the Curia Chancery Deanery Vicar forane Eparchy Eparchal curia Military ordinariate Mission sui juris Personal ordinariate Anglicanorum Coetibus Juridic persons Parish Team of priests in solidum Collegiate church Parish register Lay trusteeism Roman Curia Dicastery Congregation Pontifical council Personal prelature Types of membership of Opus Dei Association of the Christian faithful Vicar general Quinquennial visit ad limina
Jurisprudence Canonical coronation Canonically crowned images Computation of time Custom Delegata potestas non potest delegari Derogation Dispensation Taxa Innocentiana Faculty Indult Impediment Donation Interpretation Pontifical Council for Legislative Texts Jurisdiction Peritus Obreption & subreption Obrogation Promulgation Resignation of the Roman Pontiff Sede vacante Simony Vacatio legis Validity and liceity Visitation Apostolic visitor Philosophy, theology, and fundamental theory of Catholic canon law Theology Ecclesiology Treatise on Law Determinatio
Temporal goods (property) Benefice Cathedraticum Contract law Mass stipend Stole fee Temporalities
Law of persons Person (Catholic canon law) Formal act of defection from the Catholic Church Canonical age Emancipation Exemption Heresy Clerics Secular clergy Regular clergy Obligation of celibacy Clerics and public office Incardination and excardination Laicization (dispensation) Canonical faculties Office Canonical provision Canonical election Juridic and physical persons Jus patronatus Associations of the faithful Consecrated life
Canonical documents Acta Apostolicae Sedis Acta Sanctae Sedis Censor librorum Imprimatur Imprimi potest Notary Protonotary apostolic Apostolic constitution Canon Concordat Decree Decretal Encyclical Motu proprio Ordinance Papal brief Papal bull Penitential Positive law Rescript Parish register Ecclesiastical Latin
Penal law Canon 1324 Canon 1397 §2 Censure (Catholic canon law) De delictis gravioribus Complicit absolution Crimen sollicitationis Excommunication List of excommunicable offences in the Catholic Church List of people excommunicated by the Catholic Church List of cardinals excommunicated by the Catholic Church Interdict Laicization (penal) Latae sententiae and ferendae sententiae Lifetime of prayer and penance Canonical admonitions Ecclesiastical prison
Procedural law Pars statica (tribunals & ministers/parties) Tribunals Supreme Tribunal of the Apostolic Signatura Tribunal of the Roman Rota Apostolic Penitentiary Congregation for the Doctrine of the Faith Ministers of Justice Judicial Vicar/Officialis Auditor Parties Defender of the Bond Procurator Pars dynamica (trial procedure) Dignitas connubii (matrimonial causes) Appeal as from an abuse Presumption Penal procedure Vos estis lux mundi Canonization Congregation for the Causes of Saints Maiorem hac dilectionem Advocatus Diaboli Oblatio vitae Positio Beatification and canonization process in 1914 Election of the Roman Pontiff Current law Universi Dominici gregis Papal renunciation Reforms of Pope Benedict XVI Historical Cum proxime Jus exclusivae Papal appointment Aeterni Patris Filius Romano Pontifici eligendo Ingravescentem aetatem Ubi periculum Quia propter
Legal practice and scholarship List of legal abbreviations Academic degrees Licentiate of Canon Law Doctor of Canon Law Doctor of both laws Journals and Professional Societies Canon Law Society of America The Jurist Faculties of canon law School of Canon Law Canonists Medieval Gratian Hostiensis Jean Lemoine Raymond of Penyafort Rufinus Johannes Teutonicus Geoffrey of Trani Burchard of Worms Brocard Modern & Contemporary Eugenio Corecco John D. Faris Pietro Gasparri Ladislas Orsy Edward N. Peters
Law of consecrated life Solemn vow Exclaustration Manifestation of Conscience Canonical erection of a house of religious Pontifical right Diocesan right Congregation for Institutes of Consecrated Life and Societies of Apostolic Life Institute of consecrated life Religious institute Congregation Order Monasticism Canons regular Mendicant orders Clerics regular Secular institute Cum Sanctissimus Primo Feliciter Provida Mater Ecclesia Society of apostolic life Decretum laudis
Catholicism portal
v t e

In the canon law of the Catholic Church, exclaustration is the official authorization for a member of a religious order (in short, a religious) bound by perpetual vows to live for a limited time outside their religious institute, usually with a view to discerning whether to depart definitively.^[1]

Exclaustration is distinguished from permission to live outside of a religious community for purposes such as caring for a parent or for reasons of work or study. The religious who in such circumstances is forced to be absent physically does not wish to separate even temporarily from the institute.^[2]

Exclaustration is distinguished also from dispensation from religious vows. The exclaustrated religious remains a religious and remains bound by those vows, although the manner of exercising poverty and obedience is altered in view of the changed circumstances.^[3]

A religious bound by temporary vows may for a grave reason be authorized to leave before expiry of the period for which the vows were taken. This authorization is called an indult of departure, not an exclaustration.^[4] Unless the religious rejects it, an indult of departure entails dispensation from the religious vows that have been taken.^[5]

If the religious who is to be exclaustrated is a deacon or priest, he must first obtain the consent of the local ordinary (diocesan bishop or the equivalent in law of a diocesan bishop, such as an apostolic prefect) of the place where he intends to reside. Such residence may serve as a first step towards incardination into the jurisdiction of the ordinary. Agreement must be made with the local ordinary about any exercise of sacred ministry by the religious during the period of exclaustration.^[2]

In addition to ordinary or simple exclaustration, as described above, the Holy See, but not the religious superior or the diocesan bishop, may grant what has been called an exclaustration ad experimentum to a religious priest who has definitively decided to leave his institute and become a diocesan priest and who has found a diocesan bishop willing to accept him on a trial basis. This has the additional effect that he will be automatically released from his religious vows and incardinated into the diocese when the bishop decides to accept him definitively or, provided the bishop has not rejected him before then, at the close of a five-year trial period.^[6]

If a diocesan bishop is willing to incardinate a religious priest immediately, there is no need for exclaustration, and secularization (dispensation from the religious vows) is granted instead.^[6]

In certain situations where a religious priest does not intend to become a diocesan priest, the Holy See has sometimes granted what has been called "qualified exclaustration" at the religious priest's request, authorizing him to live for a limited time as a layman without exercising priestly faculties and free from all clerical obligations other than the enduring obligation of celibacy. This favour is granted only when there is reasonable hope that the petitioner will recover his priestly vocation.^[2][6]

It has been suggested that qualified exclaustration would be more accurately described not as an exclaustration but as a temporary laicization, and it has also been called "a mixture of exclaustration, secularization, and reduction to the lay state".^[7]

Qualified exclaustration was suggested as a possible solution when the Society of Jesus initially refused Robert Drinan, a Jesuit priest, permission to run for a seat in the United States Congress.^[8]

Exclaustration for up to three years may be granted by the superior general of the institute, with the consent of the institute's council. Grants for more than three years or extension of an already granted exclaustration to beyond three years is reserved to the Holy See for institutes raised to the level of papal jurisdiction ("institutes of pontifical right") and to the diocesan bishop for institutes under diocesan jurisdiction ("institutes of diocesan right").^[9] In the case of nuns, the granting of exclaustration even for a period shorter than three years was reserved to the Holy See^[10] until the promulgation of Cor Orans. Cor Orans specifies ″the Major Superior, with the consent of her Council, can grant the indult of exclaustration to a nun professed with solemn vows, for not more than a year, after the consent of the Ordinary of the place where the nun will have to live, and after having heard the opinion of the diocesan Bishop or of the competent religious Ordinary.″^[11]

Apart from being granted at the request of the religious concerned, exclaustration may also, at the request of the superior general with the consent of the council, be imposed for grave reasons by the Holy See in the case of institutes of pontifical right and by the diocesan bishop in the case of institutes of diocesan right.^[10] The authority imposing the exclaustration is thus outside the religious institute and may impose it either for a fixed period or indefinitely. In the latter case the exclaustration ends only when lifted by the authority that imposed it.^[2]