From the baptism of fetuses.
The Church prescribes: “Care must be taken that all aborted fetuses, whenever
they are born, if they are certainly living, should be baptized absolutely; if
they are doubtfully alive, then conditionally (CIC 747; 1983 Code, 871).
Baptism can be conferred only conditionally, if there is a prudent doubt
about its validity. But it is doubtful, if it is not certain that the fetus is
a man. However the Church prescribes absolute baptism of the fetus “whenever
it is born” and she gives this one condition: if it is certainly living; but
not this: if it is certainly animated with a rational soul.
At the foot of this canon this
decree of the Holy Office (1713 A.D.) is cited as its source: “On the Baptism
of an aborted fetus: If it offers a rational foundation for doubting whether
the fetus is animated with a rational soul, then it can and must be baptized conditionally;
but if it does not offer a rational foundation, it can in no way be baptized.”
Therefore it is admitted that there can be a doubt about the presence of a
rational soul in the fetus, either founded (that would be, v.gr., if the fetus
is living and has a human form) or unfounded (as would be the case, v.gr., if
the fetus lacks any signs of life).
But the quoted canon omits
mention of the rational soul, and it does not speak about a doubt, but
about certitude (regarding the presence of life), and it prescribes that
it be baptized absolutely. Therefore one must think that it assumes the
presence of a rational soul in every living fetus.
Therefore, without saying that
immediate animation is decided by the canon to be doctrinally certain
(and de facto even now it is not admitted by all), still our interpretation
should be preferred and is actually morally certain in practice. It
seems that the other interpretation can in no way be admitted. (Joseph F. Sagüés,
Sacrae Theologiae Summa, 4 vols. [trans. Kenneth Baker; Keep The Faith,
Inc., 2016], 2B:335)
The reference concerning the 1713 decree of the Holy Office
is:
“Card. P. Gasparri, Codicis Iuris Canonici Fontes 4
Rome 1926) n. 777 “
One can find the text here.
Here is an image of the relevant portion:
In casibus propositis (nempe de baptismo foetus abortivi) si suppetat
rationabile fundamentum dubitandi an foetus ille sit animatus anima rationali,
tunc potest et debet baptizari sub conditione; si vero non suppetat rationabile
fundamentum, nullatenus potest baptizari. Ad videndum autem an sit
rationabile fundamentum talis dubii, consulendi sunt medici et theologi in
facti contingentia, sive in casibus particularibus.
No. 777
Sacred Congregation of the
Holy Office, 5 April 1713
In the cases proposed (namely
concerning the baptism of an aborted fetus), if there exists a reasonable basis
for doubting whether that fetus is animated by a rational soul, then it can and
ought to be baptized under condition (i.e. conditional baptism); but if truly
no reasonable basis obtains, it can in no way be baptized.
And in order to determine whether
such a reasonable basis for doubt exists, physicians and theologians are to be
consulted about the contingent facts, or, in particular cases, about the
specific circumstances.
