C 91. The abbot, with the consent of the council of seniors, may, for a grave reason, grant an indult of exclaustration for not more than three years to a solemnly professed monk of his own monastery according to the prescriptions of CIC 686.1. The procedures and consequences established in the proper law of the Congregation are to be observed.
D 91. The following procedure is to be observed:
- the name of the person for whom it is granted;
- at least a summary of the reason(s) for which it is granted;
- he length of time for which it is granted;
- that, in accordance with CIC 687, the monk is free from obligations that are incompatible with his new condition of life and that at the same time he remains dependent on and subject to the care of the abbot and the local ordinary, especially if he is a cleric;
- whether or not the monk is permitted to wear the monastic habit during the time of exclaustration;
- that the monk lacks active and passive voice in the monastic chapter during the period of exclaustration;
- a disclaimer stating that the monastery is not liable for any debts or actions or omissions or obligations whatsoever incurred by the monk;
- the terms of any financial agreements that may be necessary.
C 92. If a monk does not return to the monastery at the end of a period of exclaustration or other lawful absence, or if a monk is unlawfully absent from the monastery, the monastery is not liable for any debts or actions or omissions or obligations whatsoever incurred by the monk (cf. CIC 665.2).
D 92.1. Prior to the expiration of an indult of exclaustration, the abbot is to notify the exclaustrated monk that the period of exclaustration is nearing an end and that the monk must either return to the monastery or make other provisions in accordance with universal law and the proper law of the Congregation. He is to remind the monk of the provisions of C 92.
D 92.2. 1. If a monk is unlawfully absent from the monastery, the abbot is to make every reasonable effort to assist the return of the monk.
D 92.2. 2. The abbot, after consulting the council of seniors, may make a written declaration stating that the monk is unlawfully absent and, for the sake of civil law, that the provisions of C 92 apply to the monk in question (see Appendix 8).
D 92.2. 3. If contacting the monk is possible, the abbot is to inform the monk of this action, request a response from the monk within ten days, and encourage his immediate return to the monastery.
D 92.2. 4. If the monk fails to respond or if the nature of the case is such that it can be established that the monk has no intention of returning to the monastery, the abbot, with the consent of the council of seniors, may inform the monk that if he does not return to the monastery within ten more days a formal process of dismissal will be initiated.
D 92.3. The abbot may initiate a process of dismissal for a monk who has been unlawfully absent for six months after the declaration referred to in D 92.2.2 (cf. CIC 696.1, 697).
C 93. For grave reasons the abbot, with the consent of the council of seniors, may initiate a petition through the President of the Congregation that exclaustration be imposed by the Apostolic See on a monk of his own monastery or of a monastery dependent on his own. The procedures established in the proper law of the Congregation are to be observed (CIC 686.3).
D 93. The following procedure is to be observed:
C 94.1. A monk in temporary vows may leave the monastery when the time for which he made his profession expires (CIC 688.1).
C 94.2. During the period of temporary profession a monk who asks to leave the monastery for a grave reason may be granted an indult to leave by the abbot, with the consent of the council of seniors (cf. CIC 688.2; see Appendix 9).
C 95. A monk in solemn vows is not to seek an indult to leave the monastery without very grave reasons weighed before the Lord. His petition, including the reasons for requesting the indult, is to be presented to the abbot of his own monastery, who is to observe procedures established in the proper law of the Congregation (CIC 691).
D 95. The abbot is to observe the following procedure:
C 96. A monk who, after completing the novitiate or after profession in any monastery of the American-Cassinese Congregation, has left the monastery legitimately can be readmitted to any monastery of the Congregation by the abbot of the monastery to which he wishes to be admitted, with the consent of the monastic chapter of that monastery, without having to repeat the novitiate. After consulting the council of seniors, the abbot is to determine the nature and length of the probation before the profession of temporary vows, and the time to be spent in temporary vows before solemn profession. These determinations must be in accord with CIC 655 and 657 as well as the proper law of the Congregation (CIC 690.2).
D 96 1. The consent of the monastic chapter is required for the monk to be admitted to the probationary period and to make temporary and solemn profession. If the monk is admitted to the probationary period, he does not have to make a new novitiate.
D 96 2. The monk must be in temporary vows at least three years before making solemn profession.
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