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Valid but illicit


Valid but illicit and valid but illegal are descriptions applied in Roman Catholicism to an unauthorized celebration of a sacrament that nevertheless has effect. While validity is presumed whenever an act is placed "by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act", Roman Catholic canon law also lays down rules for lawful placing of the act.

"Except in a case of necessity, it is unlawful for anyone without due permission to confer baptism outside his own territory, not even upon his own subjects." and administration of baptism is one of the functions especially entrusted to the parish priest. However, for validity in the eyes of the Catholic Church, in an emergency situation "any person, even someone not baptized, can baptize, if he has the required intention. The intention required is to will to do what the Church does when she baptizes, and to apply the Trinitarian baptismal formula".

A bishop is the ordinary minister of confirmation and he may licitly administer it to his own subjects everywhere and, in his own territory, even to Catholics who are not his subjects, unless their ordinary has expressly forbidden it. In the Latin Church, simple priests (presbyters) can validly and licitly confirm in some circumstances, such as when they baptize adults or receive them into the Church and when there is danger of death. Priests of the Eastern Catholic Churches can validly confer the sacrament on any Catholic, even a Catholic of the Latin Church; but they can do so licitly only on those who belong to his own particular Church and on other Catholics who meet the conditions of either being his subjects or are being lawfully baptized by him, or of being in danger of death.

A prime example of valid but illicit celebration of a sacrament would be the use of leavened wheaten bread for the Eucharist in the Latin Rite, or leavened wheaten bread in certain Eastern Catholic Churches. If, on the other hand, rice or rye flour are used instead of wheat, or if butter, honey, or eggs are added, particularly in large quantities, the Mass would be invalid and transubstantiation would not occur.


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