THE RITUS SACER OF THE SACRAMENT OF MARRIAGE IN THE BYZANTINE CHURCHES George Gallaro1 and Dimitri Salachas2 The Codex Canonum Ecclesiarum Orientalium (CCEO) canon 828, in line with the previous legislation of the Eastern Catholic churches establishes that: “§1 Only those marriages are valid that are celebrated with a sacred rite, in the presence of the local hierarch, local pastor, or a priest who has been given the faculty of blessing the marriage by either of them, and at least two witnesses . . . ”§2.The very intervention of a priest who assists and blesses is regarded as a sacred rite for the present purpose.”3 In drafting this canon, the consultors of the Commission for the Revision of the Code of Eastern Canon Law held “that this fundamental norm has to be maintained, since this makes the necessary condition in the Eastern law for the validity of the ordinary form of the celebration of marriage beside the active assistance of the priest, the sacred rite or priestly blessing.”4 Moreover, the same consultors, looking at the possibility of extending to deacons the faculty of blessing marriages, “reject that a deacon, in conformity with the Eastern tradition and for ecumenical reasons, should be considered as minister before whom a marriage could take place in its ordinary form.”5 The Latin Church regulation in this matter is different. In fact, the Codex Iuris Canonici (CIC) canon 1108 establishes that:§1.Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses . . . The Jurist 70 (2010) 206–234 206 1 Byzantine Catholic Seminary, Pittsburgh, PA. 2 Urbaniana University and Pontifical Oriental Institute, Rome. 3 Code of Canons of the Eastern Churches, Latin-English Edition (Washington, DC: CLSA, 2001). 4 See Nuntia 8 (1979) 21. 5 Ibid. §2. The person who assists at a marriage is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.”6 Furthermore, Latin canon 1112, §1 establishes that: “Where there is a lack of priests and deacons, the diocesan bishop can delegate lay persons to assist at marriages, with the previous favorable vote of the conference of bishops and after he has obtained the permission of the Holy See.”7 As a corroboration of this delegation to the deacon, the canon refers to Lumen gentium 29: “ . . . To the extent that a deacon has been authorized by competent authority, he is . . . to assist at and bless marriages in the name of the Church . . . ”8 This different canonical discipline between the Eastern churches and the Church of Rome reflects their diverse theological perspective on the sacrament of matrimony. Their terminology on the matter also differs; for instance, where the Latin code has “matrimonia quae contrahuntur, matrimoniis assistere,” the Eastern code has “matrimonia quae celebrantur , matrimonia benedicere.”9 Eastern Theology on Marriage and Sacred Rite In his Letter to the Ephesians, Saint Paul reflecting on Genesis, chapter two—“. . . that is why a man leaves his father and mother and clings to his wife, and the two of them become one body ”—affirms that “this is a great mystery, but I speak in reference to Christ and the Church.” Saint Paul sees in the text of Genesis a prophetic image of the union of Christ and his Church, a mystery hidden throughout the centuries and revealed now, as the mystery of salvation of the nations. This Pauline teaching has affected the theology, polity, and liturgy of the sacrament of marriage of the Christian East. The rites and symbols of marriage in the tradition of the various Eastern churches are to be understood in the mystical and the RITUS SACER of the sacrament of marriage 207 6 Code of Canon Law, Latin-English Edition (Washington, DC: CLSA, 1998). 7 See 1983 code, c. 1112; see also Leges Ecclesiae, ed. Xavier Ochoa (Rome: Commentarium pro Religiosis, 1980) 5: 6954–6956. 8 Decrees of the Ecumenical Councils, ed. Norman Tanner, 2 vols. (Washington, DC: Georgetown University Press, 1990) 2: 874. 9 See 1983 code, cc. 1058 and 1108; CCEO...
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