Tiết 2. Việc Rời Bỏ Tu Hội (Điều 686-693)

§1 With the consent of the council, the supreme moderator for a grave cause can grant an indult of exclaustration to a member professed by perpetual vows, but not for more than five years, and if it concerns a cleric, with the prior consent of the ordinary of the place in which he must reside. To extend an indult or to grant it for more than five years is reserved to the Holy See, or to the diocesan bishop if it concerns institutes of diocesan right. [Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
§2 Only the Apostolic See can grant an indult of exclaustration for cloistered nuns. [See Congregation for Institutes of Consecrated life and Societies of Apostolic Life, Instruction Cor Orans, 1 April 2018: 130. “In exemption of can. 686
§2 CIC, 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” (exemption approved by the Holy Father in forma specifica); 131. “The Federal Council gives its consent for the request for the extension of the indult of exclaustration for a nun of solemn vows, to be requested from the Holy See” (exemption approved by the Holy Father in forma specifica); 177. “In derogation of can. 686
§2 CIC, 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” (exemption approved by the Holy Father in forma specifica); 178. “In derogation of can. 686
§2 CIC, 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” (exemption approved by the Holy Father in forma specifica)]
§3 At the request of the supreme Moderator acting with the consent of his or her council, exclaustration can be imposed by the Holy See on a member of an institute of pontifical right, or by a diocesan Bishop on a member of an institute of diocesan right. In either case a grave reason is required, and equity and charity are to be observed.

Members who are exclaustrated are considered as dispensed from those obligations which are incompatible with their new condition of life. They remain dependent on and under the care of their Superiors and, particularly in the case of a cleric, of the local Ordinary. They may wear the religious habit, unless the indult specifies otherwise, but they lack active and passive voice.

§1 A person who, on completion of the time of temporary profession, wishes to leave the institute, is free to do so.
§2 During the time of temporary profession, a person who asks to leave the institute for a grave cause can obtain an indult of departure from the supreme moderator with the consent of his or her council; in the case of an autonomous monastery, mentioned in can. 615, however, the bishop of the house of assignment must confirm the indult for it to be valid. [Revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]

§1 The competent major Superior, after consulting his or council, can for just reasons exclude a member from making further profession on the completion of temporary profession.
§2 Even though contracted after profession, a physical or psychological infirmity which, in the judgement of experts, renders the member mentioned in
§1 unsuited to lead a life in the institute, constitutes a reason for not admitting the member to renewal of profession or to perpetual profession, unless the infirmity was contracted through the negligence of the institute or because of work performed in the institute.
§3 A religious who becomes insane during the period of temporary vows cannot be dismissed from the institute, even though unable to make a new profession.

§1 A person who lawfully leaves the institute after completing the novitiate or after profession, can be re-admitted by the supreme Moderator, with the consent of his or her council, without the obligation of repeating the novitiate. The same Moderator is to determine an appropriate probation prior to temporary profession, and the length of time in vows before making perpetual profession, in accordance with the norms of can. 655 and 657. [See the Response of the Dicastery for Legislative Texts to a particular question, Prot. 18297/2024, 26.VI.2024, on the readmission of a religious after lawful departure from an institute]
§2 The Superior of an autonomous monastery, acting with the consent of his or her council, has the same faculty.

§1 A perpetually professed religious is not to seek an indult to leave the institute, except for very grave reasons, weighed before the Lord. The petition is to be presented to the supreme Moderator of the institute, who will forward it to the competent authority with his or her own opinion and that of the council.
§2 In institutes of pontifical right this indult is reserved to the Apostolic See. In institutes of diocesan right the indult can be granted by the Bishop in whose diocese is located the house to which the religious is assigned.

An indult to leave the institute, which is lawfully granted and notified to the member, by virtue of the law itself carries with it, unless it has been rejected by the member in the act of notification, a dispensation from the vows and from all obligations arising from profession.

If the member is a cleric, the indult is not granted until he has found a Bishop who will incardinate him in his diocese or at least receive him there on probation. If he is received on probation, he is by virtue of the law itself incardinated in the diocese after five years, unless the Bishop has rejected him.