DOWRY. — In its original and most common meaning, it is the aggregate of goods that a woman brings to her husband to support the burdens of marriage. By analogy, the term is also used in canon law to denote the patrimonial mass of ecclesiastical benefices and pious foundations, and in particular the dowry of religious women.
Regarding the matrimonial dowry, canon law, in accordance with canons 1016 and 1529, adopts the norms established on the matter by the civil legislator for the respective nations, provided that nothing in them is contrary to divine law and canon law. In the Italian Civil Code, the regime of the dowry is regulated by articles 177–209.
The benefice dowry is that mass of economically useful goods which, together with the sacred office and the right to use the respective revenues, constitutes the ecclesiastical benefice (can. 1409; V. BENEFICE). In a pious foundation, the dowry is represented by a mass of goods to which is attached a burden of worship or charity to be maintained from the respective revenues (can. 1544 § 1; V. PIOUS FOUNDATION).
The dowry of religious women is that sum of money or that mass of income-producing goods which an aspiring religious is obliged to bring upon entering religion, with the purpose of contributing to the expenses of her maintenance (can. 547). It is an institution characteristic of the law governing religious women, in close analogy with the matrimonial dowry.
The institution of the dowry is not found in the law of the Decretals, in which the burden of maintaining nuns was always the responsibility of the monastery (c. un. § 1, in VI, 3, 16; c. 2, C. I, q. 2); indeed, it was considered ecclesiastical simony to exact any contribution upon admission to the Order (cc. 19, 25, 30, 40, X, 5, 3). Nevertheless, it seems that some surplus was sometimes used for the benefit of poor monasteries even in the time of St. Thomas (Summa Theologiae, 2a-2ae, q. 100, a. 3, ad 4). The Council of Trent was the first to permit an indemnity for food and clothing during the novitiate (sess. XXV, c. 16). Subsequently, it became customary to tolerate modest contributions in various institutes, depending on the difficult conditions of individual communities. It seems that St. Charles Borromeo was the first bishop who, with the approval of the Holy See, introduced the mandatory collection of the dowry into the particular law of his diocese.
This is prescribed only for nuns; for sisters with simple vows it is not imposed by common law, but may be by particular law. Regarding the amount of the dowry and the nature of the goods constituting it, one must adhere to the statutory norms of the individual institutes or, in their absence, to legitimate custom (can. 547).
The constitution of the dowry must be made before the novitiate, either through the direct payment of the relevant capital or by means of a contractual obligation that guarantees its fulfillment, even in the civil forum. For the total or partial remission of the dowry, the indult of the Holy See is required for religious of pontifical right, and the license of the local Ordinary for those of diocesan right (can. 547).
The administration of the dowry is entrusted to the superior of the monastery if it is sui iuris; otherwise, to the provincial or general superior, under the supervision of the local Ordinary, who, during the sacred visitation or more frequently if he deems it opportune, shall require a faithful account (can. 550, 535 § 2). The first act of administration must be the investment of the capital in secure, licit, and income-producing securities, which the superior must arrange, having heard the advice of her council, immediately after the first profession of the religious (can. 549).
During the time of the novitiate, the dowry, unless otherwise stipulated, remains on deposit under the tacit condition of future profession. Upon the emission of profession, it passes into the ownership of the religious institute, subject to the resolutive condition of the religious’ continued stay in the institute (the usufruct and administration belong unconditionally to the institute); during this time it may in no way be alienated or otherwise incorporated into the goods of the house or the institute, nor may the religious dispose of it even by last will and testament. Only upon the death of the titular does the dowry irrevocably accrue to the monastery or institute (cc. 549, 548).
If a religious in any way returns to the world, the dowry must be returned to her in full, less any fruits already consumed. It likewise follows the religious who transfers to another monastery of the same Order from the day of her transfer. If, however, she transfers to another Order with prior apostolic indult, during the new novitiate only the fruits shall be credited to her, while the capital must be transferred in full to the new institute as soon as she makes her new profession (cc. 551, 570 § 1).
Canon law also requires an adequate dowry for the erection of a church to cover the maintenance of the sacred building, the needs of worship, and the support of the ministers (can. 1162 § 2). The same requirement applies to the erection of a new religious house (can. 476).