Interpreter

INTERPRETER. - Even in the current canonical order the ancient juridical institution of the interpreter has its importance; as regards the Sacrament of Confession, it was in wide and peaceful use in the Middle Ages, as is evident from the Summa theologica of St. Thomas, and it received some adjustment in certain pontifical constitutions (Clement IX, In excelsa, 13 Sept. 1669, and earlier Alexander VIII, Sacrosancti apostolatus, 18 Jan. 1658) and its definitive formulation in the decree of the Sacred Congregation of Propaganda Fide of 6 Sept. 1630, in response to a doubt raised by the Patriarch of Constantinople.

The CIC (can. 903) permits the free use of the interpreter for the Sacrament of Penance. The qualities that the interpreter must have in this case are not determined by the CIC; therefore any person may be chosen for this purpose: provided that he is capable of carrying out this mission and that there is moral certainty of the observance of the sacramental seal, as is prescribed by the same can. 903 and confirmed by can. 889 § 2, and that abuses be avoided (not doing it without necessity, choosing a suitable place and time, etc.) and scandals avoided. Certainly praiseworthy is the method indicated by the moralists: the interpreter, with his back turned to the penitent, repeats to him the questions asked by the confessor, and the penitent answers with affirmative or negative signs. In this way better provision is made for the observance of the sacramental seal, which is also imposed with the infliction of penalties, established in can. 2369 § 2 in proportion to the gravity of the matter, and which can extend as far as excommunication.

The interpreter is also admitted for the celebration of Matrimony, according to can. 1090, which in this refers to the ancient law; this can occur when the contracting parties (or one of them) are entirely ignorant of the language in which they can be questioned by the parish priest and understood by the witnesses, or are deaf-mutes. The lawful use of the interpreter is, however, in this case subordinated to the fulfillment of these three conditions, prescribed by can. 1091: there be a true necessity of celebrating Matrimony in this way, there be no doubt whatsoever about the fidelity of the interpreter, and there be, where time permits, the prior permission of the Ordinary. Here there is a general law, which holds for the whole Church, without any limits as regards space.

Finally, also in the procedural order, both in the general one (can. 1641) and in the special one, in force in causes of beatification and canonization (can. 2037 § 3), the use of the interpreter may be required. In the first case it must be sworn, as indeed is required by certain civil legislations, appointed by the judge and superior to any legitimate objection that might be raised against him by the parties.

Severino Alvarez-Menéndez