From a priest:
As we know, a priest is only allowed to keep one Mass stipend per day, with those exceptions noted in Canon Law. However, when a
conference/bishop has named a “standard” offering for a Mass, can
local law require a priest to “turn in” any larger amount given as a
gift for the Mass offered? I have seen certain dioceses enacting this
as policy. {Please note that I am NOT speaking of binations, but only
of “generous” stipends. In the case of many priests, these are very
welcome subsidies for their income). I am looking for a canonical
opinion here.
I consulted a trustworthy canonist on this point. The first line of his response was:
Ugh, I hate questions about Mass stipends, because there are so many variables from diocese to diocese.
I base my response on his response to me so that I can stay on firm ground. I have my instincts about this, and I have talked to several canonists about this, but … here we go.
The universal law seems clear. The 1983 Code can. 952.1 explicitly states that the bishops of a province should issue a decree setting the normative offering to be given. If the bishops do not issue such a decree, can. 952.2 states that “the custom in force in the diocese is to be observed.” That canon adds that a priest is not to seek a larger sum.
“Nevertheless, he is permitted to accept for the application of a Mass a voluntary offering which is larger or even smaller than the one defined.”
A bishop cannot issue a particular law that is contrary to the rights given by a universal law.
Since this matter of stipends is a favorable thing granted to the priest, it is subject to a broad interpretation (cf can. 18 – It is a principle of interpretation of the law that laws which favor a person are to be interpreted as favorably as possible and laws that place a restriction on a person are to be interpreted as strictly as possible in order to protect the person’s favors/rights).
Since in this case there is no specific provision, a bishop could make a law requiring a priest to retain the smaller of the stipends he receives for one day, and turn the larger one over to the “purposes prescribed by the ordinary” spoken of in can. 951. That would be a petty and un-generous decree. Priests of such a diocese would be within their right to appeal to the Congregation for the Clergy to seek revocation of that decree, following the norms of administrative recourse.
That said, there are many dioceses – particularly in the U.S.A. and Canada, where the “praxis” has been that priests ordinarily do not receive or retain stipends in those places to which they have been assigned. The logic behind this is that they receive a salary from the parish and, therefore, they don’t need the stipend in order to live, that is, for the necessities of life or living expenses. All the stipends are thus to be turned over to the parish.
The law seems to be a bit murky. Practice varies from place to place. This isn’t exactly the third-rail, but it isn’t too terribly far from it either.
That said… dignus est operarius mercede sua and sacerdos ad altare et de altare vivit.
