(b) There is no simony when something of value is given in exchange, but not for a spiritual, nor in contravention of an anti-simony law. This happens whether like be exchanged for like (e.g., Mass for Mass), or a temporal for a thing associated with a spiritual as the latter’s subject (e.g., money for a rosary or cemetery plot which has been blessed). In the former case there is no prohibition; in the latter, the temporalities have their own distinct values which may be paid for, if the price is not raised on account of the spiritual (see Canons 730, 1539).
2333. Cases in Which a Transaction Is Not Simoniacal, but Is Sinful.—(a) Sins against God.—One who performs functions of religion primarily and principally, as far as his personal motive (_finis operantis_) is concerned, for the salary, stipend or fee, is not guilty of simony, since he does not regard the temporal even virtually as the price of the spiritual. But he does sin by indevotion, and the sin may even be mortal (e.g., a canon goes to choir chiefly because this yields him a living). Offenses committed in the matter of Mass stipends are not called simony in the Code, but the penal law classes them with offenses against religion, as may be seen from Canon 2324. Nepotism, favoritism in giving offices, and political and dishonest maneuvers to obtain church dignities are not in themselves simoniacal; but they are an unworthy and scandalous treatment of sacred things.
(b) Sins against Others.—It is not simony but injustice to deny the Sacraments to parishioners who do not contribute, to overcharge in lawful fees, and also, according to some, to take money for the omission of a spiritual act owed in justice (e.g., for refusal to hear the confession of a parishioner), or to demand money as the stipend for the performance of such a spiritual act (e.g., for hearing a confession). It is disobedience to take money in ways forbidden (e.g., to take Mass stipends in the confessional, to earn money by gambling or trading forbidden in the Canons). Again, it is not strictly simony to put up as the stakes in a game a spiritual thing (e.g., the recitation of the Rosary) against a temporal thing (e.g., ten dollars), for there is no intention to value the spiritual thing by the temporal; but such a practice is scandalous. Greed about getting or keeping money pertains to avarice, not necessarily to simony.
2334. Cases in Which a Transaction Is Not Simoniacal, but Virtuous.—(a) Some acts done in God’s honor (e.g., to purchase a spiritual object, such as a sacred vessel or relic, from a person who would misuse it), when the purchaser intends the prevention of profanation. It is certainly not irreverence to a sacred thing to use means necessary to rescue it from such irreverence.
(b) Some acts done for the good of others (e.g., to give prizes to children who frequent the Sacraments or Sunday school, dowries to young girls that they may be able to enter religion, free education to worthy young men as an inducement to embrace the ecclesiastical state). In all these cases there is no purchase of a spiritual thing, because the temporal is a pure gift, and the spiritual is received, not by the giver of the temporal, but by another. There is no simony in the fees imposed for dispensations or in the alms sometimes prescribed for indulgences; for the temporal is not a price paid for the spiritual, but in the one case either a penance or a charge for expenses, and in the other a spiritual good work and duty prescribed as a condition for a spiritual benefit.
(e) Some acts done for the spiritual good of self (e.g., if one were in danger of death and could be baptized only by a person Who demanded money for the service, it would not be simony to pay the money, since the price would be offered, not for the Sacrament, but for the removal of an unjust annoyance).
2335. Theological Malice of the Sin of Simony.—(a) Simony against the divine law is a mortal sin from its nature and in every instance. No matter how small the spiritual thing that is sold, it is priceless, and a grave injury is done by putting a price on it. Simony is a serious injury to God, since it usurps His place as the only Lord of spiritual things (I Cor., iv, 1), to the spiritual things themselves, since it estimates their worth by vile material gain (Prov., iii. 15; Acts, viii. 20), and to the recipients, who should receive the gifts of God freely (Matt, x, 8). Hence, St. Peter denounced Simon Magus as deserving of perdition (Acts, viii. 20), and in law simony is spoken of as the worst of pests, a cancer, leprosy, a scourge.
(b) Simony against ecclesiastical law is a mortal sin from its nature, since it is forbidden as a protection to religion and under grave sin; but in particular cases it may be only a venial sin, since the church laws do not bind under grave sin, when the matter or the danger is not serious, as was said in 382.
2336. Moral Malice of the Sin of Simony.—(a) Simony is reducible to real sacrilege (see 2311 c). It is treated separately for the sake of convenience, on account of the large number of questions that pertain to it, and also because there is reason to consider it as a distinct species of sin (2308 c). Hence, the moral malice of simony is that of irreligiousness.
(b) Simony of divine law and simony of ecclesiastical law, according to the more common and likely opinion, are alike in moral malice. For although the mere prohibition of the Church does not make a non-sacred thing sacred, it does make the non-sacred thing unsaleable precisely because related to things that are sacred. In other words, the motive of the law is the protection of sacred things against the appearance or danger of simony, and the motive of the law is the factor that determines the moral character of precepts and prohibitions of human law. Thus, to miss Mass on Sunday is a sin against religion, because the Church commands in virtue of religion that Mass be heard on Sunday; to eat meat on Friday is a sin against temperance, because the Church forbids the use of meat on Friday in virtue of temperance. Hence, it is not merely disobedience, but simony, to violate a law which forbids a certain contract because of its nearness to the sale of spirituals for temporals. Moreover, he who willfully exposes himself to the immediate danger of some sin wills the malice of that sin.