Ethiopian Orthodox Church Canon Law: An Overview

The life of the Ethiopian Orthodox Täwahédo Church (EOTC) is regulated by ecclesiastic or Canon Law (ህገ፡ቀኖና, héggä qännona, lit. ‘the Law of canon’), i.e. a jurisprudence received and interpreted as part of the EOTC’s tradition. This body of Law, which has developed from ancient times as the framework wherein and by which the Church leaders exercise their pastoral government, claimed to be based on authority received from Jesus Christ through apostolic tradition (Jn 20:22-23 as well as Mt 16:19 and 18:18 [cf. Acts 2:38]; Heb 6:4-6; Rev 21:8, 22:15).

The corpus of canonical texts of the EOTC is large and heterogeneous, and emerged over a substantial period of time. The knowledge of both church Law books and their interpretation has been considered crucial to helping EOTC members retain their identity and mission. The sources of the Ethiopian Canon Law have been mostly studied by scholars as a branch of the ancient Christian literary tradition, and attracted considerable attention as phenomena of Gééz literature; their proper juridical role within the EOTC and Ethiopian society have not been dealt with systematically.

The Ethiopian Christians must have started receiving canonical texts some time after the elevation of Christianity to the status of state religion in the 4th cent. However, the bulk of the legal books seem to have been introduced beginning in the 13th/14th cent.; the main source being the Coptic Church tradition. As commonly accepted, the relations between Ethiopia and the Alexandrine patriarchate intensified during the period, after the "reestablishment" of the Solomonic dynasty in ca. 1270.

Canon Law and rules in Christian life and worship of the Ethiopian Church, are contained in the Sinodos and Didascalia, two compilations of ancient church canons, dating from the second period of Ethiopic literature. Sinodos is the Corpus juris Ecclesiastic of the Church.

The canons, regulations of Christian instruction and worship of the Ethiopian Church, are contained in the Sinodos and Didascalia, two compilations of ancient church canons, dating from the second period of Ethiopic literature.

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Sources of Ethiopian Canon Law

The main sources of Ethiopian Canon Law are usually defined as follows:

The Senodos

A large collection of pseudo apostolic writings, most of which translated from an Arabic (Melkite) Vorlage by the 14th cent., and encompassing, all in all:

  1. four different recensions of the "apostolic canons":
    • 71 "ecclesiastic canons", or Téýézazat
    • 56 "apostolic canons"
    • 81 "apostolic canons"
    • 81 and 82 (according to the recension) "apostolic canons" called Abiélis(at)
  2. 30 pseudo-apostolic canons received "after the ascension of Our Lord"
  3. two recensions of the canons of Simon the Chananite
  4. the so-called 5pistle of Peter
  1. Canons of some universal Church councils:
    • 24 canons of Ancyra
    • 14 of Neocesarea
    • 20 of Gangra
    • 21 of Sardis
    • 25 of Antioch
    • 59 of Laodicea
    • 20 and 84 "canons of the 318 Nicene Fathers"
  1. Some other texts: "indices", penitential canons, the so called Didascalia of 318 Nicene Fathers, containing prescriptions and norms regarding the monastic life, treatises etc.
An Ethiopian Orthodox Tewahedo Bible.

The Fétha nägäít

Probably the most important law book of Ethiopians, and the most authoritative as a source of Canon Law (mostly in the part Féth mänfäsawi, ‘Spiritual law’, chs. 1-22), which was translated from Arabic in the middle/second half of the 16th cent.

The (Témhértä) Didésqélya

In the 5thiopic version divided into 43/44 chs., a pseudo-apostolic text ("Apostolic Constitutions") translated from an Arabic Vorlage by the 14th cent.

The Qäleménios

A late-14thearly-15th cent. translation of pseudo-Clementine texts from Arabic, books 3-7 of which contain canonical regulations

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The Mäshafä hawi

A 16th-cent. translation from Arabic, a large compendium or Christian ethical norms and prescriptions

Testamentum Domini

Deriving from the Traditio Apostolica and translated probably from Greek, the Testamentum Domini (Mäshafä kidan zäýégziýénä Iyäsus Kréstos), contains, besides the so-called Apocalypse (Beylot 1984, chs. 1-9), also a desciption of the Church and Christian life (ibid. chs. 10-60).

The Mäshafä fäws mänfäsawi

Represented in at least two widely different versions, both containing mostly penitential canons.

Further texts can be mentioned as sources providing if not strict legal regulations, then at least broad frameworks and moral principles. Within the context of 5thiopian ÷monasticism, such sources are represented, e.g., by monastic literature (Arägawi mänfäsawi, Sératä ménkwésénna, The Rules of Pachomius, etc.) and even hagiography.

In addition, tradition maintains that the authority of the Octateuch (Orit, lit. ‘Law’), by Moses, is the most ancient source of law and that has never been superseded in Ethiopia, although today preference is accord- ed to "the new law", i.e. the N.T.

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In the light of the recent discovery of the so called Aksumite collection of canonical texts the situation of the sources for the 5thiopian Canon Law appears to be quite complex, since some of the texts included in the Senodos are attested to in different, more ancient versions, translated from Greek in the Aksumite and post-Aksumite period (e.g., some 20 "ecclesiastic canons"; 81 "apostolic canons" etc.).

Whatever influence these texts might have exerted, by the 13th/14th cent. they were largely replaced by translations from Arabic. Different as they are in regard to the date of the composition and reception, arrangement, provenance and origin (Gééz versions based upon either a Greek and/or an Arabic Vorlage), all these works share common characters, containing precepts on both internal church organization and the believers’ behaviour within their community.

The “Holy Canons” are a defining element of Orthodox confessional identity. All tomoi of autocephaly issued by the Ecumenical Patriarchate in the 19th century insist on that the newly established autocephalous national church should be governed in accordance with the Holy Canons, and similar provisions are found in the relevant laws of the countries where the Orthodox Church is established as a corporation of public law (e.g., Greece and Finland).

Already canon 2 of the Seventh Ecumenical Council (787) required that candidates for the episcopacy should not only know the Psalter by heart, live according to the commandments of God, and teach them to the people, but that they should frequently read the Holy Canons and the Bible.

Canon 2 of the Council in Trullo (691), which is seen as a quasi-ecumenical council, ratified all the canons received by the most popular collection of canon law at the time: the Nomokanon in 14 Titles.

This canon ends with the statement: “No one shall falsify the preceding canons, nor reject them, nor receive any others than these here set forth, those composed spuriously by certain men who have attempted to traffic in the truth. If anyone is found innovating or trying to subvert any of the aforementioned canons, he shall be liable under the same canon, receiving the penalty which it prescribes and being corrected by the very thing against which he has transgressed.”

However, the council did not merely ratify a collection of canons but also issued 102 canons, which codified the law in force and overturned several canons ratified by the same council; for example, canon 12 overturned apostolic canon 5 by introducing mandatory celibacy for candidates for the episcopacy in accordance with Byzantine imperial legislation, and canon 8 overturned Canon 5 of the First Ecumenical Council and canon 19 of the Fourth Ecumenical Council requiring that provincial synods should only convene once a year.

Canon 2 itself of the Council in Trullo noted that the canon of the synod under St. Cyprian of Carthage had only been valid in the Roman Province of Africa in accordance with local custom, and the council itself issued other regulations for the reception of converts, which were in line with the more universal custom attested already by canon 8 of the general synod of Arles (314) and implicit in canon 19 the First Ecumenical Council (325).

It is obvious from these examples that already the Byzantine Church recognized that faithfulness to the Holy Canons does not preclude the cessation of law.

Consequently, there are two fundamental issues of Orthodox canon law at hand: (a) the practical meaning of faithfulness to the Holy Canons and (b) cessation of law in the Holy Canons.

The first issue is not only a theological issue, but also a legal issue in countries where the Orthodox Church is established as a corporation of public law.

In Greek jurisprudence there are four main positions concerning the reference to the Holy Canons in the constitution.

  1. The first opinion is only held by some theologians who argue that the constitution grants the force of law to all the Holy Canons and any law that abrogates or is contrary to the provisions of the Holy Canons is unconstitutional. This position is purely utopian.
  2. The second position limits the validity of the Holy Canons to purely dogmatic and creedal issues, while the state is free to enact legislation that modifies or even abrogates administrative provisions found in the Holy Canons.
  3. The third positions claims that the reference to the Holy Canons in the Greek constitution should only be understood as meaning that the Orthodox Church of Greece has doctrinal unity with the Ecumenical Patriarchate.
  4. The fourth position, which has become the dominant in recent legislation and case law, holds that the constitution not only upholds the doctrine of the Orthodox Church but also the fundamental institutions of the Orthodox Church found in the Holy Canons. Thus, it is important to distinguish between canons that define doctrine and fundamental institutions of the church and other canons which may be changed and fall into disuse.

Concerning the second issue of the cessation of law, all canonists note that the regional synods and Ecumenical Councils routinely abrogated the disciplinary decrees of earlier synods and councils. The famous Serbian canonist Nikodim Milaš (1905: 69) held that only a synod of equal or higher authority can modify canons enacted by the Ecumenical Councils (including the Council in Trullo) although he also noted that several canons, for a variety of reasons, have legitimately fallen into disuse (Milaš 1905: 71-72). Disuse is often custom abrogating canons.

Milaš’ position that only an equal or higher synodal authority can abrogate a canon is contradicted by reason and experience. From the perspective of reason, it is absurd that custom has the authority to do what a synod, or a bishop, does not have the authority to do. From the perspective of experience, we can find many examples of the synods of autocephalous churches, or even local bishops, abrogating canons of ecumenical councils.

The most obvious example is canon 69 of the Council in Trullo, which forbids all laypersons except the emperor entry to the sanctuary, but this canon has been abrogated by the universal acceptance of lay altar servers (even Old Calendarists allow laymen to be altar servers despite their alleged fidelity to the Holy Canons!). No one would today argue that a bishop, or synod, does not have the authority to issue regulations concerning altar servers, even though they are actually abrogating a canon of a quasi-ecumenical council when doing so.

The correct position, which is not contradicted by reason and experience, has been stated by Rodopoulos (2007: 100), who argued that the synod of an autocephalous church has the authority when needed to abrogate the canons of even ecumenical councils if this does not negate Orthodox dogma or the fundamental institutions of the Orthodox Church, although he viewed this authority as provisional until a synod of equal or higher authority could be convened to finally settle the issue on the universal level.

Faithfulness to the Holy Canons means to uphold the doctrine of the Orthodox Church and to maintain the fundamental institutions of the Orthodox Church, which are found in the Holy Canons, while recognizing that the local bishop, or synod, is competent to enact new regulations in times of need for the common good and salvation of souls.

Source Description
Sinodos A collection of pseudo-apostolic writings translated from Arabic, encompassing various canons and texts.
Fétha nägäít An important law book of Ethiopians, authoritative as a source of Canon Law.
(Témhértä) Didésqélya A pseudo-apostolic text translated from Arabic.
Qäleménios A translation of pseudo-Clementine texts from Arabic, containing canonical regulations.
Mäshafä hawi A translation from Arabic, a compendium of Christian ethical norms and prescriptions.
Testamentum Domini Deriving from Traditio Apostolica, contains descriptions of Church and Christian life.
Mäshafä fäws mänfäsawi Contains penitential canons.
Octateuch (Orit) The most ancient source of law.

The Ethiopian Orthodox Church has 46 books of the Old Testament and 35 books of the New Testament that will bring the total of canonized books of the Bible to 81. As a whole, books written in the Geez language and on parchment are numerous.

The Ethiopic version of the Old and New Testament was made from the Septuagint. It includes the book of Enoch, Baruch, and the third and fourth Esdras. In the international Bible studies there are certain books belonging to the class usually designated pseudepigraphic.

The whole Christendom and whole-learned world owes a debt of gratitude to the church of Ethiopia for the preservation of those documents. Among these books is the book of Enoch which throws so much light on Jewish thought on various points during the centuries immediately preceding the Christian era.

The book of Jubilee (Kufale, i.e. Division) otherwise known as the Little Genesis has also been preserved entire only in the Ethiopic version. The preservation of yet one more book in its entity, namely, the Ascension of Isaiah, is to be remembered to the credit of the Ethiopic Church.

But books, which should be considered for higher education and could be prepared carefully in order to suit modern thinking, are the following.

  1. Works of St.
  2. An exposition of the dialogue ascribed to St.
  3. The exegesis of the letter to the Hebrews by St.
  4. The pastoral work of St.
  5. A discourse of St.
  6. Hymn books, mostly by St.
  7. Biography and works of St.
  8. Biography and works of St.
  9. Biography and works of St.
  10. Biography and works of St.
  11. On the Miracles of St.

There are very many grammatical books written by different people and found at different places in the world. The above noted are but a very few examples from among the different books numbered by the thousands that the Ethiopian Orthodox Tewahido Church has.

In the past, the Ethiopian Orthodox Tewahido Church had not much opportunity to expand and propagate the above, noted doctrine and orders of the church inside and outside the nation; this is because of the different circumstances prevailing in the surroundings of the country. Because of the advent of European Colonialism upon its neighboring African countries and the great monetary support that other religious groups received to convert Africans.

The Ethiopian Orthodox Church had no other choice but to defend on and preserve all here Christian legacy. Henceforth, she was unable to raise her apostolic voice louder among her African brothers and sisters.

More than every holy books in the history of creation of holy scriptures, Holy Church gives first priority to Holy Bible. The word of God scripted by the grace of Holy Spirit in the hands of chosen Saints, is in this holy book.

Forefathers have foretold about the prophecies that were to be written in the Old Testament and New Testament including the Lord and Savior Jesus Christ work of Salvation, hagiography of the apostles, saints and martyrs.

The Bible Society of Ethiopia has recognized Holy scriptures that are to be utilized for the enrichments of spiritual knowledge and fulfillment of spirituality.

What is Orthodox Christian Canon Law? - Fr. Alexander Rentel

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