NEW NORMS FOR EXCLAUSTRATION A Stopgap Step to Stay Out

The consecrated state of a religious is defined by its stable fraternal life in common in an Institute approved by the Church (canons 602; 686 §1). This commitment to community life is an essential character of the religious vocation. However, in extraordinary circumstances, either the religious may find themselves legitimately unable to fulfil this commitment, or the Institute faces serious harm resulting from a member’s conduct. In such difficult and unusual situations, the canonical provision known as exclaustration, whether voluntary or imposed, presents a feasible and necessary canonical solution, offering a temporary separation from the religious community.

The Latin root of ‘exclaustration’ combines two words: ‘ex’ (out of) and ‘claustrum’ (cloister/enclosure/wall), stemming from the Latin noun ‘exclaustratio’. It literally means to be “out of the cloister,” referring to the canonical permission for a religious/monk/nun to temporarily leave their enclosed religious community and live in the outside world. Exclaustration functions not as a punitive measure, but as a realistic instrument of discernment, protecting the integrity of the Institute’s common life while offering a temporary resolution for the individual religious. Therefore, it has also been defined as the status of a perpetually professed religious (not temporarily), who lives legitimately outside his/her institute for a specified period of time.  

The canonical rules for exclaustration were changed on February 11, 2022, by the Apostolic Letter Competentias quasdam decernere. Accordingly, until 2022, the old canon 686 §1 stated: “With the consent of his or her council, the supreme Moderator can, for a grave reason, grant an indult of exclaustration to a perpetually professed member for a period not exceeding five years. In the case of a cleric, the indult requires the prior consent of the Ordinary of the place where the cleric must reside. To extend this indult or to grant one for more than three years is reserved to the Holy See, or, in an institute of diocesan right, to the diocesan Bishop.”

First Newness 

However, the revised wording (in 2022) in canon 686 §§1-2 on voluntary exclaustration has extended the period of exclaustration from three years to five years, according to the aforesaid Apostolic Letter. This is clear that the modification involves a slight increase in the autonomy of religious institutes and can certainly be considered an example of decentralisation. Therefore, instead of requesting the Holy See (for pontifical right) or the diocesan Bishop (for diocesan right) for an extension after the three-year period, exclaustration for five years can straightaway be granted by the supreme Moderator of the religious institute. Consequently, the authority of the supreme Moderator is enhanced, granting them greater power. This certainly mirrors decentralisation and the principle of subsidiarity. 

The granting of a longer period of time allows the supreme Moderator of a religious institute to evaluate and act in the most appropriate way, both for the good of the person and of the institute itself, with a view to greater proximity to the person. The Superior knows the candidate closely, and it is easy for him/her to decide upon the need for the exclaustration. It is evident, in fact, that when the authority has direct and closer knowledge of the persons and cases in point that require a pastoral action of governance, this action, by virtue of its proximity, can be of more rapid efficacy. Therefore, the principle of decentralisation and proximity is underscored in the change regarding exclaustration.

However, the fact that the same extension from three to five years was not applied in the parallel canon on Societies of Apostolic Life (canon. 745) would seem to be an oversight. The change should also have been modified from three to five years in canon 745 concerning exclaustration in the Society of Apostolic Life, if the reason for the change is decentralisation, as stated in the first paragraph of the Apostolic Letter Competentias quasdam decernere. Obviously, Secular Institutes would not require such a provision for exclaustration or any extension in the period since it does not entail an obligation to common life. 

The reasons for exclaustration may include, among others, the following: i) to reflect on one’s own vocation; ii) to have a period of experience; iii) to join a new form of Consecrated life; iv) to join a new diocese; v) counselling undertaken to deal with trauma, etc. 

It is noteworthy to know the differences between exclaustration and Leave of Absence. 

Exclaustration and Leave of Absence

1)   Exclaustration          – for Grave Cause

      Leave of Absence     – for Just Cause

2)   Exclaustration          – only for the perpetually professed

            Leave of Absence     – For both temporarily and perpetually professed.

3)   Exclaustration          – Supreme Moderator with the consent of the council.

            Leave of Absence     – Major Superior with the consent of the council.

4. Exclaustration           – Mitigation of obligations of vows, especially of poverty and withdrawal of the obligation of obedience, e.g., attending meetings, etc., much less as they have no control over the life of the one in exclaustration as in the case of other members.

Leave of Absence     – remain full members of the institute, endowed with all the rights and privileges. 

5. Exclaustration           – They may wear the religious habit unless the indult specifies otherwise.

Leave of Absence     – They must wear religious habit.

6. Exclaustration           – They lack an active and passive voice.

Leave of Absence     – They possess active and passive voice.

Second Newness

The second newness concerns exclaustration for the contemplative nuns in the monasteries. Old paragraph two of the same canon 686 stated: “Only the Apostolic See can grant an indult of exclaustration for cloistered nuns.” Therefore, granting the exclaustration for the contemplative nuns in monasteries, following the papal enclosure or constitutional one (canon 667 §3), was reserved to the competence of the Holy See (canon 686 §2) to protect the contemplative life and its enclosure. However, this provision was modified by the Instruction Cor orans (1 April 2018). 

This Instruction Cor orans, which revised paragraph two of this same canon, states: “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. An extension of the indult of exclaustration can be granted by the Federal President with the consent of her Council, for a nun professed with solemn vows of a monastery of the Federation for a period of no more than two years. The Federal Council gives its consent for the request of the indult of exclaustration for a nun of solemn vows, after the year granted by the Major Superior of the monastery, up to the completion of three years” (nos. 177-178; 130 of Cor orans). Therefore, the faculty to grant the indult of exclaustration for the cloistered nuns is no longer reserved to the Apostolic See, but to the major superior, to the federal president, and to the federal council, following the conditions mentioned therewith.

Conclusion

In recent times, the Church has actively promoted principles of collegiality, subsidiarity, decentralisation, and co-responsibility. These developments carry important implications for Canon Law and the overall nature and function of the Church, as the Superior himself/herself or the organs at the lower level can grant the indult of exclaustration not for three years but for a longer period of five years, without the need to make a recourse to the Holy See and also exclaustration for cloistered nuns in monasteries. As a Superior, it is important to strongly adhere to the principle of proximity when making a decision affecting a member of the institute, since he/she will be able to better understand the members when they request separation or any other permission from the institute. Therefore, it is evident that the Holy See has relaxed certain reservations and has allowed the Superiors to take over some of these responsibilities.

(Rev. Dr Merlin Rengith Ambrose (Diocese of Kottar) is Professor of Canon Law and Latin at St Peter’s Pontifical Institute, Bangalore and Executive Secretary of the Commission for Canon Law in the CCBI. He is the Asian representative of the International Scientific Committee of the Pontifical Urban University, Rome, for its journal Ius Missionale.)

Blurbs

Exclaustration functions not as a punitive measure, but as a realistic instrument of discernment, protecting the integrity of the Institute’s common life while offering a temporary resolution for the individual religious.

The faculty to grant the indult of exclaustration for the cloistered nuns is no longer reserved to the Apostolic See, but to the major superior, to the federal president, and to the federal council, following the conditions mentioned therewith.