Fr. Rajesh, a religious priest, applied to the Holy See for an indult (permission) to leave the institute and be incardinated into a diocese. His superior general, after having discussed with the diocesan Bishop, allowed him to serve in the diocese. While serving in the diocese, he received the indult. After four years, the Bishop refused to incardinate him into the diocese. The superior general accepted him back in the institute. Is it right for the Bishop to refuse him the incardination? Can Fr. Rajesh return to his religious institute?
Let us begin with the term ‘incardination.’ It is also called enrolment. It comes from the Latin word cardo, meaning ‘hinge.’ Incardination is the term used for the enrolment or affiliation of a religious into an institute of consecrated life or a society of apostolic life; or a diocesan priest into a diocese. The incardination, in fact, confirms the law that prohibits ‘acephalous’ (“without a head”) or “wandering” religious or diocesan cleric (CIC c. 265; CCEO c. 357§1). This means that a Catholic priest or religious must belong to a diocese or religious order. He or she cannot simply be a wandering person without affiliation.
The incardination of a religious cleric is twofold. He is incardinated into the institute: (i) during his perpetual profession; (ii) during his diaconate, just as a diocesan deacon is incardinated into a diocese by virtue of his diaconal ordination (CIC cc. 268 §2, 266 §2; CCEO c. 428).
The incident we discuss is an instance of change in the status of a religious priest to that of diocesan clergy. CIC c. 693 and CCEO cc. 494, 549§3 deal with the procedure to be followed, when a cleric desires to leave the institute to be incardinated into a diocese.
Documents needed
In our previous discussion we reflected in general about the indult to leave the religious institute. Now, we confine our discussion to clerics. In the case of a cleric, whether a deacon or a priest, the following documents are to be forwarded by the superior general while requesting for an indult to leave the institute: (i) motive for the request; (ii) letter of acceptance of the Bishop who is willing to receive him, with or without a period of probation; and (iii) opinion of the superior general and the council.
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Sr Licia SMI
