Whether consanguinity is an impediment to marriage by virtue of the natural law?

Objection 1. It would seem that consanguinity is not by natural law an impediment to marriage. For no woman can be more akin to a man than Eve was to Adam, since of her did he say (Genesis 2:23): "This now is bone of my bones and flesh of my flesh." Yet Eve was joined in marriage to Adam. Therefore as regards the natural law no consanguinity is an impediment to marriage.

Objection 2. Further, the natural law is the same for all. Now among the uncivilized nations no person is debarred from marriage by reason of consanguinity. Therefore, as regards the law of nature, consanguinity is no impediment to marriage.

Objection 3. Further, the natural law is what "nature has taught all animals," as stated at the beginning of the Digests (i, ff. De just. et jure). Now brute animals copulate even with their mother. Therefore it is not of natural law that certain persons are debarred from marriage on account of consanguinity.

Objection 4. Further, nothing that is not contrary to one of the goods of matrimony is an impediment to marriage. But consanguinity is not contrary to any of the goods of marriage. Therefore it is not an impediment thereto.

Objection 5. Further, things which are more akin and more similar to one another are better and more firmly united together. Now matrimony is a kind of union. Since then consanguinity is a kind of kinship, it does not hinder marriage but rather strengthens the union.

On the contrary, According to the natural law whatever is an obstacle to the good of the offspring is an impediment to marriage. Now consanguinity hinders the good of the offspring, because in the words of Gregory (Regist., epis. xxxi) quoted in the text (Sent. iv, D, 40): "We have learnt by experience that the children of such a union cannot thrive." Therefore according to the law of nature consanguinity is an impediment to matrimony.

Further, that which belongs to human nature when it was first created is of natural law. Now it belonged to human nature from when it was first created that one should be debarred from marrying one's father or mother: in proof of which it was said (Genesis 2:24): "Wherefore a man shall leave father and mother": which cannot be understood of cohabitation, and consequently must refer to the union of marriage. Therefore consanguinity is an impediment to marriage according to the natural law.

I answer that, In relation to marriage a thing is said to be contrary to the natural law if it prevents marriage from reaching the end for which it was instituted. Now the essential and primary end of marriage is the good of the offspring. and this is hindered by a certain consanguinity, namely that which is between father and daughter, or son and mother. It is not that the good of the offspring is utterly destroyed, since a daughter can have a child of her father's semen and with the father rear and teach that child in which things the good of the offspring consists, but that it is not effected in a becoming way. For it is out of order that a daughter be mated to her father in marriage for the purpose of begetting and rearing children, since in all things she ought to be subject to her father as proceeding from him. Hence by natural law a father and mother are debarred from marrying their children; and the mother still more than the father, since it is more derogatory to the reverence due to parents if the son marry his mother than if the father marry his daughter; since the wife should be to a certain extent subject to her husband. The secondary essential end of marriage is the curbing of concupiscence; and this end would be forfeit if a man could marry any blood-relation, since a wide scope would be afforded to concupiscence if those who have to live together in the same house were not forbidden to be mated in the flesh. Wherefore the Divine law debars from marriage not only father and mother, but also other kinsfolk who have to live in close intimacy with one another and ought to safeguard one another's modesty. The Divine law assigns this reason (Leviticus 18:10): "Thou shalt not uncover the nakedness" of such and such a one, "because it is thy own nakedness."

But the accidental end of marriage is the binding together of mankind and the extension of friendship: for a husband regards his wife's kindred as his own. Hence it would be prejudicial to this extension of friendship if a man could take a woman of his kindred to wife since no new friendship would accrue to anyone from such a marriage. Wherefore, according to human law and the ordinances of the Church, several degrees of consanguinity are debarred from marriage.

Accordingly it is clear from what has been said that consanguinity is by natural law an impediment to marriage in regard to certain persons, by Divine law in respect of some, and by human law in respect of others.

Reply to Objection 1. Although Eve was formed from Adam she was not Adam's daughter, because she was not formed from him after the manner in which it is natural for a man to beget his like in species, but by the Divine operation, since from Adam's rib a horse might have been formed in the same way as Eve was. Hence the natural connection between Eve and Adam was not so great as between daughter and father, nor was Adam the natural principle of Eve as a father is of his daughter.

Reply to Objection 2. That certain barbarians are united carnally to their parents does not come from the natural law but from the passion of concupiscence which has clouded the natural law in them.

Reply to Objection 3. Union of male and female is said to be of natural law, because nature has taught this to animals: yet she has taught this union to various animals in various ways according to their various conditions. But carnal copulation with parents is derogatory to the reverence due to them. For just as nature has instilled into parents solicitude in providing for their offspring, so has it instilled into the offspring reverence towards their parents: yet to no kind of animal save man has she instilled a lasting solicitude for his children or reverence for parents; but to other animals more or less, according as the offspring is more or less necessary to its parents, or the parents to their offspring. Hence as the Philosopher attests (De Animal. ix, 47) concerning the camel and the horse, among certain animals the son abhors copulation with its mother as long as he retains knowledge of her and a certain reverence for her. And since all honest customs of animals are united together in man naturally, and more perfectly than in other animals, it follows that man naturally abhors carnal knowledge not only of his mother, but also of his daughter, which is, however, less against nature, as stated above.

Moreover consanguinity does not result from carnal procreation in other animals as in man, as stated above (Article 1, Reply to Objection 5). Hence the comparison fails.

Reply to Objection 4. It has been shown how consanguinity between married persons is contrary to the goods of marriage. Hence the Objection proceeds from false premises.

Reply to Objection 5. It is not unreasonable for one of two unions to be hindered by the other, even as where there is identity there is not likeness. In like manner the tie of consanguinity may hinder the union of marriage.


Whether the degrees of consanguinity that are an impediment to marriage could be fixed by the Church?

Objection 1. It would seem that the degrees of consanguinity that are an impediment to marriage could not be fixed by the Church so as to reach to the fourth degree. For it is written (Matthew 19:6): "What God hath joined together let no man put asunder." But God joined those together who are married within the fourth degree of consanguinity, since their union is not forbidden by the Divine law. Therefore they should not be put asunder by a human law.

Objection 2. Further, matrimony is a sacrament as also is baptism. Now no ordinance of the Church could prevent one who is baptized from receiving the baptismal character, if he be capable of receiving it according to the Divine law. Therefore neither can an ordinance of the Church forbid marriage between those who are not forbidden to marry by the Divine law.

Objection 3. Further, positive law can neither void nor extend those things which are natural. Now consanguinity is a natural tie which is in itself of a nature to impede marriage. Therefore the Church cannot by its ordinance permit or forbid certain people to marry, any more than she can make them to be kin or not kin.

Objection 4. Further, an ordinance of positive law should have some reasonable cause, since it is for this reasonable cause that it proceeds from the natural law. But the causes that are assigned for the number of degrees seem altogether unreasonable, since they bear no relation to their effect; for instance, that consanguinity be an impediment as far as the fourth degree on account of the four elements as far as the sixth degree on account of the six ages of the world, as far as the seventh degree on account of the seven days of which all time is comprised. Therefore seemingly this prohibition is of no force.

Objection 5. Further, where the cause is the same there should be the same effect. Now the causes for which consanguinity is an impediment to marriage are the good of the offspring, the curbing of concupiscence, and the extension of friendship, as stated above (Article 3), which are equally necessary for all time. Therefore the degrees of consanguinity should have equally impeded marriage at all times: yet this is not true since consanguinity is now an impediment to marriage as far as the fourth degree, whereas formerly it was an impediment as far as the seventh.

Objection 6. Further, one and the same union cannot be a kind of sacrament and a kind of incest. But this would be the case if the Church had the power of fixing a different number in the degrees which are an impediment to marriage. Thus if certain parties related in the fifth degree were married when that degree was an impediment, their union would be incestuous, and yet this same union would be a marriage afterwards when the Church withdrew her prohibition. And the reverse might happen if certain degrees which were not an impediment were subsequently to be forbidden by the Church. Therefore seemingly the power of the Church does not extend to this.

Objection 7. Further, human law should copy the Divine law. Now according to the Divine law which is contained in the Old Law, the prohibition of degrees does not apply equally in the ascending and descending lines: since in the Old Law a man was forbidden to marry his father's sister but not his brother's daughter. Therefore neither should there remain now a prohibition in respect of nephews and uncles.

On the contrary, Our Lord said to His disciples (Luke 10:16): "He that heareth you heareth Me." Therefore a commandment of the Church has the same force as a commandment of God. Now the Church sometimes has forbidden and sometimes allowed certain degrees which the Old Law did not forbid. Therefore those degrees are an impediment to marriage.

Further, even as of old the marriages of pagans were controlled by the civil law, so now is marriage controlled by the laws of the Church. Now formerly the civil law decided which degrees of consanguinity impede marriage, and which do not. Therefore this can be done now by a commandment of the Church.

I answer that, The degrees within which consanguinity has been an impediment to marriage have varied according to various times. For at the beginning of the human race father and mother alone were debarred from marrying their children, because then mankind were few in number, and then it was necessary for the propagation of the human race to be ensured with very great care, and consequently only such persons were to be debarred as were unfitted for marriage even in respect of its principal end which is the good of the offspring, as stated above (Article 3). Afterwards however, the human race having multiplied, more persons were excluded by the law of Moses, for they already began to curb concupiscence. Wherefore as Rabbi Moses says (Doc. Perp. iii, 49) all those persons were debarred from marrying one another who are wont to live together in one household, because if a lawful carnal intercourse were possible between them, this would prove a very great incentive to lust. Yet the Old Law permitted other degrees of consanguinity, in fact to a certain extent it commanded them; to wit that each man should take a wife from his kindred, in order to avoid confusion of inheritances: because at that time the Divine worship was handed down as the inheritance of the race. But afterwards more degrees were forbidden by the New Law which is the law of the spirit and of love, because the worship of God is no longer handed down and spread abroad by a carnal birth but by a spiritual grace: wherefore it was necessary that men should be yet more withdrawn from carnal things by devoting themselves to things spiritual, and that love should have a yet wider play. Hence in olden times marriage was forbidden even within the more remote degrees of consanguinity, in order that consanguinity and affinity might be the sources of a wider natural friendship; and this was reasonably extended to the seventh degree, both because beyond this it was difficult to have any recollection of the common stock, and because this was in keeping with the sevenfold grace of the Holy Ghost. Afterwards, however, towards these latter times the prohibition of the Church has been restricted to the fourth degree, because it became useless and dangerous to extend the prohibition to more remote degrees of consanguinity. Useless, because charity waxed cold in many hearts so that they had scarcely a greater bond of friendship with their more remote kindred than with strangers: and it was dangerous because through the prevalence of concupiscence and neglect men took no account of so numerous a kindred, and thus the prohibition of the more remote degrees became for many a snare leading to damnation. Moreover there is a certain fittingness in the restriction of the above prohibition to the fourth degree. First because men are wont to live until the fourth generation, so that consanguinity cannot lapse into oblivion, wherefore God threatened (Exodus 20:5) to visit the parent's sins on their children to the third and fourth generation. Secondly, because in each generation the blood, the identity of which causes consanguinity, receives a further addition of new blood, and the more another blood is added the less there is of the old. And because there are four elements, each of which is the more easily mixed with another, according as it is more rarefied it follows that at the first admixture the identity of blood disappears as regards the first element which is most subtle; at the second admixture, as regards the second element; at the third, as to the third element; at the fourth, as to the fourth element. Thus after the fourth generation it is fitting for the carnal union to be repeated.

Reply to Objection 1. Even as God does not join together those who are joined together against the Divine command, so does He not join together those who are joined together against the commandment of the Church, which has the same binding force as a commandment of God.

Reply to Objection 2. Matrimony is not only a sacrament but also fulfills an office; wherefore it is more subject to the control of the Church's ministers than baptism which is a sacrament only: because just as human contracts and offices are controlled by human laws, so are spiritual contracts and offices controlled by the law of the Church.

Reply to Objection 3. Although the tie of consanguinity is natural, it is not natural that consanguinity forbid carnal intercourse, except as regards certain degrees, as stated above (Article 3). Wherefore the Church's commandment does not cause certain people to be kin or not kin, because they remain equally kin at all times: but it makes carnal intercourse to be lawful or unlawful at different times for different degrees of consanguinity.

Reply to Objection 4. The reasons assigned are given as indicating aptness and congruousness rather than causality and necessity.

Reply to Objection 5. The reason for the impediment of consanguinity is not the same at different times: wherefore that which it was useful to allow at one time, it was beneficial to forbid at another.

Reply to Objection 6. A commandment does not affect the past but the future. Wherefore if the fifth degree which is now allowed were to be forbidden at any time, those in the fifth degree who are married would not have to separate, because no impediment supervening to marriage can annul it; and consequently a union which was a marriage from the first would not be made incestuous by a commandment of the Church. In like manner, if a degree which is now forbidden were to be allowed, such a union would not become a marriage on account of the Church's commandment by reason of the former contract, because they could separate if they wished. Nevertheless, they could contract anew, and this would be a new union.

Reply to Objection 7. In prohibiting the degrees of consanguinity the Church considers chiefly the point of view of affection. And since the reason for affection towards one's brother's son is not less but even greater than the reasons for affection towards one's father's brother, inasmuch as the son is more akin to the father than the father to the son (Ethic. viii, 12), therefore did the Church equally prohibit the degrees of consanguinity in uncles and nephews. On the other hand the Old Law in debarring certain persons looked chiefly to the danger of concupiscence arising from cohabitation; and debarred those persons who were in closer intimacy with one another on account of their living together. Now it is more usual for a niece to live with her uncle than an aunt with her nephew: because a daughter is more identified with her father, being part of him, whereas a sister is not in this way identified with her brother, for she is not part of him but is born of the same parent. Hence there was not the same reason for debarring a niece and an aunt.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether a person contracts affinity through the marriage of a blood-relation?

Objection 1. It would seem that a person does not contract affinity through the marriage of a blood-relation. For "the cause of a thing being so is yet more so." Now the wife is not connected with her husband's kindred except by reason of the husband. Since then she does not contract affinity with her husband, neither does she contract it with her husband's kindred.

Objection 2. Further, if certain things be separate from one another and something be connected with one of them, it does not follow that it is connected with the other. Now a person's blood relations are separate from one another. Therefore it does not follow, if a certain woman be married to a certain man, that she is therefore connected with all his kindred.

Objection 3. Further, relations result from certain things being united together. Now the kindred of the husband do not become united together by the fact of his taking a wife. Therefore they do not acquire any relationship of affinity.

On the contrary, Husband and wife are made one flesh. Therefore if the husband is related in the flesh to all his kindred, for the same reason his wife will be related to them all.

Further, this is proved by the authorities quoted in the text (Sent. iv, D, 41).

I answer that, A certain natural friendship is founded on natural fellowship. Now natural fellowship, according to the Philosopher (Ethic. viii, 12), arises in two ways; first, from carnal procreation; secondly, from connection with orderly carnal procreation, wherefore he says (Ethic. viii, 12) that the friendship of a husband towards his wife is natural. Consequently even as a person through being connected with another by carnal procreation is bound to him by a tie of natural friendship, so does one person become connected with another through carnal intercourse. But there is a difference in this, that one who is connected with another through carnal procreation, as a son with his father, shares in the same common stock and blood, so that a son is connected with his father's kindred by the same kind of tie as the father was, the tie, namely of consanguinity, albeit in a different degree on account of his being more distant from the stock: whereas one who is connected with another through carnal intercourse does not share in the same stock, but is as it were an extraneous addition thereto: whence arises another kind of tie known by the name of "affinity." This is expressed in the verse:

Reply to Objection 1. Although a cause is more potent than its effect, it does not always follow that the same name is applicable to the cause as to the effect, because sometimes that which is in the effect, is found in the cause not in the same but in a higher way; wherefore it is not applicable to both cause and effect under the same name or under the same aspect, as is the case with all equivocal effective causes. Thus, then, the union of husband and wife is stronger than the union of the wife with her husband's kindred, and yet it ought not to be named affinity, but matrimony which is a kind of unity; even as a man is identical with himself, but not with his kinsman.

Reply to Objection 2. Blood-relations are in a way separate, and in a way connected: and it happens in respect of their connection that a person who is connected with one of them is in some way connected with all of them. But on account of their separation and distance from one another it happens that a person who is connected with one of them in one way is connected with another in another way, either as to the kind of connection or as to the degree.

Reply to Objection 3. Further, a relation results sometimes from a movement in each extreme, for instance fatherhood and sonship, and a relation of this kind is really in both extremes. Sometimes it results from the movement of one only, and this happens in two ways. In one way when a relation results from the movement of one extreme without any movement previous or concomitant of the other extreme; as in the Creator and the creature, the sensible and the sense, knowledge and the knowable object: and then the relation is in one extreme really and in the other logically only. In another way when the relation results from the movement of one extreme without any concomitant movement, but not without a previous movement of the other; thus there results equality between two men by the increase of one, without the other either increasing or decreasing then, although previously he reached his actual quantity by some movement or change, so that this relation is founded really in both extremes. It is the same with consanguinity and affinity, because the relation of brotherhood which results in a grown child on the birth of a boy, is caused without any movement of the former's at the time, but by virtue of that previous movement of his wherein he was begotten; wherefore at the time it happens that there results in him the aforesaid relation through the movement of another. Likewise because this man descends through his own birth from the same stock as the husband, there results in him affinity with the latter's wife, without any new change in him.


Whether affinity remains after the death of husband or wife?

Objection 1. It would seem that affinity does not remain after the death of husband or wife, between the blood-relations of husband and wife or "vice versa." Because if the cause cease the effect ceases. Now the cause of affinity was the marriage, which ceases after the husband's death, since then "the woman . . . is loosed from the law of the husband" (Romans 7:2). Therefore the aforesaid affinity ceases also.

Objection 2. Further, consanguinity is the cause of affinity. Now the consanguinity of the husband with his blood-relations ceases at his death. Therefore, the wife's affinity with them ceases also.

On the contrary, Affinity is caused by consanguinity. Now consanguinity binds persons together for all time as long as they live. Therefore affinity does so also: and consequently affinity (between two persons) is not dissolved through the dissolution of the marriage by the death of a third person.

I answer that, A relation ceases in two ways: in one way through the corruption of its subject, in another way by the removal of its cause; thus likeness ceases when one of the like subjects dies, or when the quality that caused the likeness is removed. Now there are certain relations which have for their cause an action, or a passion or movement (Metaph. v, 20): and some of these are caused by movement, through something being moved actually; such is the relation between mover and moved: some of them are caused through something being adapted to movement, for instance the relations between the motive power and the movable, or between master and servant; and some of them result from something, having been moved previously, such as the relation between father and son, for the relation between them is caused not by (the con) being begotten now, but by his having been begotten. Now aptitude for movement and for being moved is transitory; whereas the fact of having been moved is everlasting, since what has been never ceases having been. Consequently fatherhood and sonship are never dissolved through the removal of the cause, but only through the corruption of the subject, that is of one of the subjects. The same applies to affinity, for this is caused by certain persons having been joined together not by their being actually joined. Wherefore it is not done away, as long as the persons between whom affinity has been contracted survive, although the person die through whom it was contracted.

Reply to Objection 1. The marriage tie causes affinity not only by reason of actual union, but also by reason of the union having been effected in the past.

Reply to Objection 2. Consanguinity is not the chief cause of affinity, but union with a blood-relation, not only because that union is now, but because it has been. Hence the argument does not prove.


Whether unlawful intercourse causes affinity?

Objection 1. It would seem that unlawful intercourse does not cause affinity. For affinity is an honorable thing. Now honorable things do not result from that which is dishonorable. Therefore affinity cannot be caused by a dishonorable intercourse.

Objection 2. Further, where there is consanguinity there cannot be affinity; since affinity is a relationship between persons that results from carnal intercourse and is altogether void of blood-relationship. Now if unlawful intercourse were a cause of affinity, it would sometimes happen that a man would contract affinity with his blood-relations and with himself: for instance when a man is guilty of incest with a blood-relation. Therefore affinity is not caused by unlawful intercourse.

Objection 3. Further, unlawful intercourse is according to nature or against nature. Now affinity is not caused by unnatural unlawful intercourse as decided by law (can. Extraordinaria, xxxv, qu. 2,3). Therefore it is not caused only by unlawful intercourse according to nature.

On the contrary, He who is joined to a harlot is made one body (1 Corinthians 6:16). Now this is the reason why marriage caused affinity. Therefore unlawful intercourse does so for the same reason.

Further, carnal intercourse is the cause of affinity, as shown by the definition of affinity, which definition is as follows: Affinity is the relationship of persons which results from carnal intercourse and is altogether void of blood-relationship. But there is carnal copulation even in unlawful intercourse. Therefore unlawful intercourse causes affinity.

I answer that, According to the Philosopher (Ethic. viii, 12) the union of husband and wife is said to be natural chiefly on account of the procreation of offspring, and secondly on account of the community of works: the former of which belongs to marriage by reason of carnal copulation, and the latter, in so far as marriage is a partnership directed to a common life. Now the former is to be found in every carnal union where there is a mingling of seeds, since such a union may be productive of offspring, but the latter may be wanting. Consequently since marriage caused affinity, in so far as it was a carnal mingling, it follows that also an unlawful intercourse causes affinity in so far as it has something of natural copulation.

Reply to Objection 1. In an unlawful intercourse there is something natural which is common to fornication and marriage, and in this respect it causes affinity. There is also something which is inordinate whereby it differs from marriage, and in this respect it does not cause affinity. Hence affinity remains honorable, although its cause is in a way dishonorable.

Reply to Objection 2. There is no reason why diverse relations should not be in the same subject by reason of different things. Consequently there can be affinity and consanguinity between two persons, not only on account of unlawful but also on account of lawful intercourse: for instance if a blood-relation of mine on my father's side marries a blood-relation of mine on my mother's side. Hence in the above definition the words "which is altogether void of blood-relationship" apply to affinity as such. Nor does it follow that a man by having intercourse with his blood-relation contracts affinity with himself, since affinity, like consanguinity, requires diversity of subjects, as likeness does.

Reply to Objection 3. In unnatural copulation there is no mingling of seeds that makes generation possible: wherefore a like intercourse does not cause affinity.


Whether affinity is caused by betrothal?

Objection 1. It would seem that affinity cannot be caused by betrothal. For affinity is a lasting tie: whereas a betrothal is sometimes broken off. Therefore it cannot cause affinity.

Objection 2. Further if the hymen be penetrated without the deed being consummated, affinity is not contracted. Yet this is much more akin to carnal intercourse than a betrothal. Therefore betrothal does not cause affinity.

Objection 3. Further, betrothal is nothing but a promise of future marriage. Now sometimes there is a promise of future marriage without affinity being contracted, for instance if it take place before the age of seven years; or if a man having a perpetual impediment of impotence promise a woman future marriage; or if a like promise be made between persons to whom marriage is rendered unlawful by a vow; or in any other way whatever. Therefore betrothal cannot cause affinity.

On the contrary, Pope Alexander (cap. Ad audiendem, De spons. et matrim.) forbade a certain woman to marry a certain man, because she had been betrothed to his brother. Now this would not be the case unless affinity were contracted by betrothal. Therefore, etc.

I answer that, Just as a betrothal has not the conditions of a perfect marriage, but is a preparation for marriage, so betrothal causes not affinity as marriage does, but something like affinity. This is called "the justice of public honesty," which is an impediment to marriage even as affinity and consanguinity are, and according to the same degrees, and is defined thus: "The justice of public honesty is a relationship arising out of betrothal, and derives its force from ecclesiastical institution by reason of its honesty." This indicates the reason of its name as well as its cause, namely that this relationship was instituted by the Church on account of its honesty.

Reply to Objection 1. Betrothal, by reason not of itself but of the end to which it is directed, causes this kind of affinity known as "the justice of public honesty": wherefore just as marriage is a lasting tie, so is the aforesaid kind of affinity.

Reply to Objection 2. In carnal intercourse man and woman become one flesh by the mingling of seeds. Wherefore it is not every invasion or penetration of the hymen that causes affinity to be contracted, but only such as is followed by a mingling of seeds. But marriage causes affinity not only on account of carnal intercourse, but also by reason of the conjugal fellowship, in respect of which also marriage is according to nature. Consequently affinity results from the marriage contract itself expressed in words of the present and before its consummation, and in like manner there results from betrothal, which is a promise of conjugal fellowship, something akin to affinity, namely the justice of public honesty.

Reply to Objection 3. All those impediments which void a betrothal prevent affinity being contracted through a promise of marriage. Hence whether he who actually promises marriage be lacking in age, or be under a solemn vow of continence or any like impediment, no affinity nor anything akin to it results because the betrothal is void. If however, a minor, laboring under insensibility or malefice, having a perpetual impediment, is betrothed before the age of puberty and after the age of seven years, with a woman who is of age, from such a contract there results the impediment called "justice of public honesty," because at the time the impediment was not actual, since at that age the boy who is insensible is equally impotent in respect of the act in question.


Whether affinity is a cause of affinity?

Objection 1. It would seem that affinity also is a cause of affinity. For Pope Julius I says (cap. Contradicimus 35, qu. iii): "No man may marry his wife's surviving blood-relation": and it is said in the next chapter (cap. Porro duorum) that "the wives of two cousins are forbidden to marry, one after the other, the same husband." But this is only on account of affinity being contracted through union with a person related by affinity. Therefore affinity is a cause of affinity.

Objection 2. Further, carnal intercourse makes persons akin even as carnal procreation, since the degrees of affinity and consanguinity are reckoned equally. But consanguinity causes affinity. Therefore affinity does also.

Objection 3. Further, things that are the same with one and the same are the same with one another. But the wife contracts the same relations with all her husband's kindred. Therefore all her husband's kindred are made one with all who are related by affinity to the wife, and thus affinity is the cause of affinity.

Objection 4. On the contrary, If affinity is caused by affinity a man who has connection with two women can marry neither of them, because then the one would be related to the other by affinity. But this is false. Therefore affinity does not cause affinity.

Objection 5. Further, if affinity arose out of affinity a man by marrying another man's widow would contract affinity with all her first husband's kindred, since she is related to them by affinity. But this cannot be the case because he would become especially related by affinity to her deceased husband. Therefore, etc.

Objection 6. Further, consanguinity is a stronger tie than affinity. But the blood-relations of the wife do not become blood-relations of the husband. Much less, therefore, does affinity to the wife cause affinity to her blood-relations, and thus the same conclusion follows.

I answer that, There are two ways in which one thing proceeds from another: in one way a thing proceeds from another in likeness of species, as a man is begotten of a man: in another way one thing proceeds from another, not in likeness of species; and this process is always towards a lower species, as instanced in all equivocal agents. The first kind of procession, however often it be repeated, the same species always remains: thus if one man be begotten of another by an act of the generative power, of this man also another man will be begotten, and so on. But the second kind of procession, just as in the first instance it produces another species, so it makes another species as often as it is repeated. Thus by movement from a point there proceeds a line and not a point, because a point by being moved makes a line; and from a line moved lineally, there proceeds not a line but a surface, and from a surface a body, and in this way the procession can go no further. Now in the procession of kinship we find two kinds whereby this tie is caused: one is by carnal procreation, and this always produces the same species of relationship; the other is by the marriage union, and this produces a different kind of relationship from the beginning: thus it is clear that a married woman is related to her husband's blood-relations not by blood but by affinity. Wherefore if this kind of process be repeated, the result will be not affinity but another kind of relationship; and consequently a married party contracts with the affines of the other party a relation not of affinity but of some other kind which is called affinity of the second kind. And again if a person through marriage contracts relationship with an affine of the second kind, it will not be affinity of the second kind, but of a third kind, as indicated in the verse quoted above (Article 1). Formerly these two kinds were included in the prohibition, under the head of the justice of public honesty rather than under the head of affinity, because they fall short of true affinity, in the same way as the relationship arising out of betrothal. Now however they have ceased to be included in the prohibition, which now refers only to the first kind of affinity in which true affinity consists.

Reply to Objection 1. A husband contracts affinity of the first kind with his wife's male blood-relation, and affinity of the second kind with the latter's wife: wherefore if the latter man dies the former cannot marry his widow on account of the second kind of affinity. Again if a man A marry a widow B, C, a relation of her former husband being connected with B by the first kind of affinity, contracts affinity of the second kind with her husband A; and D, the wife of this relation C being connected, by affinity of the second kind, with B, this man's wife contracts affinity of the third kind with her husband A. And since the third kind of affinity was included in the prohibition on account of a certain honesty more than by reason of affinity, the canon (cap. Porro duorum 35, qu. iii) says: "The justice of public honesty forbids the wives of two cousins to be married to the same man, the one after the other." But this prohibition is done away with.

Reply to Objection 2. Although carnal intercourse is a cause of people being connected with one another, it is not the same kind of connection.

Reply to Objection 3. The wife contracts the same connection with her husband's relatives as to the degree but not as to the kind of connection. Since however the arguments in the contrary sense would seem to show that no tie is caused by affinity, we must reply to them lest the time-honored prohibition of the Church seem unreasonable.

Reply to Objection 4. As stated above, a woman does not contract affinity of the first kind with the man to whom she is united in the flesh, wherefore she does not contract affinity of the second kind with a woman known by the same man; and consequently if a man marry one of these women, the other does not contract affinity of the third kind with him. And so the laws of bygone times did not forbid the same man to marry successively two women known by one man.

Reply to Objection 5. As a man is not connected with his wife by affinity of the first kind, so he does not contract affinity of the second kind with the second husband of the same wife. Wherefore the argument does not prove.

Reply to Objection 6. One person is not connected with me through another, except they be connected together. Hence through a woman who is affine to me, no person becomes connected with me, except such as is connected with her. Now this cannot be except through carnal procreation from her, or through connection with her by marriage: and according to the olden legislation, I contracted some kind of connection through her in both ways: because her son even by another husband becomes affine to me in the same kind and in a different degree of affinity, as appears from the rule given above: and again her second husband becomes affine to me in the second kind of affinity. But her other blood-relations are not connected with him, but she is connected with them, either as with father or mother, inasmuch as she descends from them, or, as with her brothers, as proceeding from the same principle; wherefore the brother or father of my affine does not become affine to me in any kind of affinity.


Whether affinity is an impediment to marriage?

Objection 1. It would seem that affinity is not an impediment to marriage. For nothing is an impediment to marriage except what is contrary thereto. But affinity is not contrary to marriage since it is caused by it. Therefore it is not an impediment to marriage.

Objection 2. Further, by marriage the wife becomes a possession of the husband. Now the husband's kindred inherit his possessions after his death. Therefore they can succeed to his wife, although she is affine to them, as shown above (Article 5). Therefore affinity is not an impediment to marriage.

On the contrary, It is written (Leviticus 18:8): "Thou shalt not uncover the nakedness of thy father's wife." Now she is only affine. Therefore affinity is an impediment to marriage.

I answer that, Affinity that precedes marriage hinders marriage being contracted and voids the contract, for the same reason as consanguinity. For just as there is a certain need for blood-relations to live together, so is there for those who are connected by affinity: and just as there is a tie of friendship between blood-relations, so is there between those who are affine to one another. If, however, affinity supervene to matrimony, it cannot void the marriage, as stated above (Supplement:50:7).

Reply to Objection 1. Affinity is not contrary to the marriage which causes it, but to a marriage being contracted with an affine, in so far as the latter would hinder the extension of friendship and the curbing of concupiscence, which are sought in marriage.

Reply to Objection 2. The husband's possessions do not become one with him as the wife is made one flesh with him. Wherefore just as consanguinity is an impediment to marriage or union with the husband according to the flesh, so is one forbidden to marry the husband's wife.


Whether affinity in itself admits of degrees?

Objection 1. It would seem that affinity in itself admits of degrees. For any kind of propinquity can itself be the subject of degrees. Now affinity is a kind of propinquity. Therefore it has degrees in itself apart from the degrees of consanguinity by which it is caused.

Objection 2. Further, it is stated in the text (Sent. iv, D, 41) that the child of a second marriage could not take a consort from within the degrees of affinity of the first husband. But this would not be the case unless the son of an affine were also affine. Therefore affinity like consanguinity admits itself of degrees.

On the contrary, Affinity is caused by consanguinity. Therefore all the degrees of affinity are caused by the degrees of consanguinity: and so it has no degrees of itself.

I answer that, A thing does not of itself admit of being divided except in reference to something belonging to it by reason of its genus: thus animal is divided into rational and irrational and not into white and black. Now carnal procreation has a direct relation to consanguinity, because the tie of consanguinity is immediately contracted through it; whereas it has no relation to affinity except through consanguinity which is the latter's cause. Wherefore since the degrees of relationship are distinguished in reference to carnal procreation, the distinction of degrees is directly and immediately referable to consanguinity, and to affinity through consanguinity. Hence the general rule in seeking the degrees of affinity is that in whatever degree of consanguinity I am related to the husband, in that same degree of affinity I am related to the wife.

Reply to Objection 1. The degrees in propinquity of relationship can only be taken in reference to ascent and descent of propagation, to which affinity is compared only through consanguinity. Wherefore affinity has no direct degrees, but derives them according to the degrees of consanguinity.

Reply to Objection 2. Formerly it used to be said that the son of my affine by a second marriage was affine to me, not directly but accidentally as it were: wherefore he was forbidden to marry on account of the justice of public honesty rather than affinity. And for this reason this prohibition is now revoked.


Whether the degrees of affinity extend in the same way as the degrees of consanguinity?

Objection 1. It would seem that the degrees of affinity do not extend in the same way as the degrees of consanguinity. For the tie of affinity is less strong than the tie of consanguinity, since affinity arises from consanguinity in diversity of species, as from an equivocal cause. Now the stronger the tie the longer it lasts. Therefore the tie of affinity does not last to the same number of degrees as consanguinity.

Objection 2. Further, human law should imitate Divine law. Now according to the Divine law certain degrees of consanguinity were forbidden, in which degrees affinity was not an impediment to marriage: as instanced in a brother's wife whom a man could marry although he could not marry her sister. Therefore now too the prohibition of affinity and consanguinity should not extend to the same degrees.

On the contrary, A woman is connected with me by affinity from the very fact that she is married to a blood-relation of mine. Therefore in whatever degree her husband is related to me by blood she is related to me in that same degree by affinity: and so the degrees of affinity should be reckoned in the same number as the degrees of consanguinity.

I answer that, Since the degrees of affinity are reckoned according to the degrees of consanguinity, the degrees of affinity must needs be the same in number as those of consanguinity. Nevertheless, affinity being a lesser tie than consanguinity, both formerly and now, a dispensation is more easily granted in the more remote degrees of affinity than in the remote degrees of consanguinity.

Reply to Objection 1. The fact that the tie of affinity is less than the tie of consanguinity causes a difference in the kind of relationship but not in the degrees. Hence this argument is not to the point.

Reply to Objection 2. A man could not take his deceased brother's wife except, in the case when the latter died without issue, in order to raise up seed to his brother. This was requisite at a time when religious worship was propagated by means of the propagation of the flesh, which is not the case now. Hence it is clear that he did not marry her in his own person as it were, but as supplying the place of his brother.


Whether a marriage contracted by persons with the degrees of affinity or consanguinity should always be annulled?

Objection 1. It would seem that a marriage contracted by persons within the degrees of affinity or consanguinity ought not always to be annulled by divorce. For "what God hath joined together let no man put asunder" (Matthew 19:6). Since then it is understood that what the Church does God does, and since the Church sometimes through ignorance joins such persons together, it would seem that if subsequently this came to knowledge they ought not to be separated.

Objection 2. Further, the tie of marriage is less onerous than the tie of ownership. Now after a long time a man may acquire by prescription the ownership of a thing of which he was not the owner. Therefore by length of time a marriage becomes good in law, although it was not so before.

Objection 3. Further, of like things we judge alike. Now if a marriage ought to be annulled on account of consanguinity, in the case when two brothers marry two sisters, if one be separated on account of consanguinity, the other ought to be separated for the same reason. and yet this is not seemly. Therefore a marriage ought not to be annulled on account of affinity or consanguinity.

On the contrary, Consanguinity and affinity forbid the contracting of a marriage and void the contract. Therefore if affinity or consanguinity be proved, the parties should be separated even though they have actually contracted marriage.

I answer that, Since all copulation apart from lawful marriage is a mortal sin, which the Church uses all her endeavors to prevent, it belongs to her to separate those between whom there cannot be valid marriage, especially those related by blood or by affinity, who cannot without incest be united in the flesh.

Reply to Objection 1. Although the Church is upheld by God's gift and authority, yet in so far as she is an assembly of men there results in her acts something of human frailty which is not Divine. Therefore a union effected in the presence of the Church who is ignorant of an impediment is not indissoluble by Divine authority, but is brought about contrary to Divine authority through man's error, which being an error of fact excuses from sin, as long as it remains. Hence when the impediment comes to the knowledge of the Church, she ought to sever the aforesaid union.

Reply to Objection 2. That which cannot be done without sin is not ratified by any prescription, for as Innocent III says (Conc. Later. iv, can. 50: cap. Non debent, De consang. et affinit.), "length of time does not diminish sin but increases it": nor can it in any way legitimize a marriage which could not take place between unlawful persons.

Reply to Objection 3. In contentious suits between two persons the verdict does not prejudice a third party, wherefore although the one brother's marriage with the one sister is annulled on account of consanguinity, the Church does not therefore annul the other marriage against which no action is taken. Yet in the tribunal of the conscience the other brother ought not on this account always to be bound to put away his wife, because such accusations frequently proceed from ill-will, and are proved by false witnesses. Hence he is not bound to form his conscience on what has been done about the other marriage: but seemingly one ought to draw a distinction, because either he has certain knowledge of the impediment of his marriage, or he has an opinion about it, or he has neither. In the first case, he can neither seek nor pay the debt, in the second, he must pay, but not ask, in the third he can both pay and ask.


Whether it is necessary to proceed by way of accusation for the annulment of a marriage contracted by persons related to each other by affinity or consanguinity?

Objection 1. It would seem that one ought not to proceed by way of accusation in order to sever a marriage contracted between persons related by affinity or consanguinity. Because accusation is preceded by inscription* whereby a man binds himself to suffer the punishment of retaliation, if he fail to prove his accusation. [The accuser was bound by Roman Law to endorse (se inscribere) the writ of accusation; Cf. II-II:33:7]. But this is not required when a matrimonial separation is at issue. Therefore accusation has no place then.

Objection 2. Further, in a matrimonial lawsuit only the relatives are heard, as stated in the text (Sent. iv, D, 41). But in accusations even strangers are heard. Therefore in a suit for matrimonial separation the process is not by way of accusation.

Objection 3. Further, if a marriage ought to be denounced this should be done especially where it is least difficult to sever the tie. Now this is when only the betrothal has been contracted, and then it is not the marriage that is denounced. Therefore accusation should never take place at any other time.

Objection 4. Further, a man is not prevented from accusing by the fact that he does not accuse at once. But this happens in marriage, for if he was silent at first when the marriage was being contracted, he cannot denounce the marriage afterwards without laying himself open to suspicion. Therefore, etc.

On the contrary, Whatever is unlawful can be denounced. But the marriage of relatives by affinity and consanguinity is unlawful. Therefore it can be denounced.

I answer that, Accusation is instituted lest the guilty be tolerated as though they were innocent. Now just as it happens through ignorance of fact that a guilty man is reputed innocent, so it happens through ignorance of a circumstance that a certain fact is deemed lawful whereas it is unlawful. Wherefore just as a man is sometimes accused, so is a fact sometimes an object of accusation. It is in this way that a marriage is denounced, when through ignorance of an impediment it is deemed lawful, whereas it is unlawful.

Reply to Objection 1. The punishment of retaliation takes place when a person is accused of a crime, because then action is taken that he may be punished. But when it is a deed that is accused, action is taken not for the punishment of the doer, but in order to prevent what is unlawful. Hence in a matrimonial suit the accuser does not bind himself to a punishment. Moreover, the accusation may be made either in words or in writing, provided the person who denounces the marriage denounced, and the impediment for which it is denounced, be expressed.

Reply to Objection 2. Strangers cannot know of the consanguinity except from the relatives, since these know with greater probability. Hence when these are silent, a stranger is liable to be suspected of acting from ill-will unless he wish the relatives to prove his assertion. Wherefore a stranger is debarred from accusing when there are relatives who are silent, and by whom he cannot prove his accusation. On the other hand the relatives, however nearly related they be, are not debarred from accusing, when the marriage is denounced on account of a perpetual impediment, which prevents the contracting of the marriage and voids the contract. When, however, the accusation is based on a denial of the contract having taken place, the parents should be debarred from witnessing as being liable to suspicion, except those of the party that is inferior in rank and wealth, for they, one is inclined to think, would be willing for the marriage to stand.

Reply to Objection 3. If the marriage is not yet contracted and there is only a betrothal, there can be no accusation, for what is not, cannot be accused. But the impediment can be denounced lest the marriage be contracted.

Reply to Objection 4. He who is silent at first is sometimes heard afterwards if he wish to denounce the marriage, and sometimes he is repulsed. This is made clear by the Decretal (cap. Cum in tua, De his qui matrim. accus. possunt.) which runs as follows: "If an accuser present himself after the marriage has been contracted, since he did not declare himself when according to custom, the banns were published in church, we may rightly ask whether he should be allowed to voice his accusation. In this matter we deem that a distinction should be made, so that if he who lodges information against persons already married was absent from the diocese at the time of the aforesaid publication, or if for some other reason this could not come to his knowledge, for instance if through exceeding stress of weakness and fever he was not in possession of his faculties, or was of so tender years as to be too young to understand such matters, or if he were hindered by some other lawful cause, his accusation should be heard. otherwise without doubt he should be repulsed as open to suspicion, unless he swear that the information lodged by him came to his knowledge subsequently and that he is not moved by ill-will to make his accusation."


Whether in a suit of this kind one should proceed by hearing witnesses in the same way as in other suits?

Objection 1. It would seem that in such a suit one ought not to proceed by hearing witnesses, in the same way as in other suits where any witnesses may be called provided they be unexceptionable. But here strangers are not admitted, although they be unexceptionable. Therefore, etc.

Objection 2. Further, witnesses who are suspected of private hatred or love are debarred from giving evidence. Now relatives are especially open to suspicion of love for one party, and hatred for the other. Therefore their evidence should not be taken.

Objection 3. Further, marriage is a more favorable suit than those others in which purely corporeal questions are at stake. Now in these the same person cannot be both accuser and witness. Neither therefore can this be in a matrimonial suit; and so it would appear that it is not right to proceed by hearing witnesses in a suit of this kind.

On the contrary, Witnesses are called in a suit in order to give the judge evidence concerning matters of doubt. Now evidence should be afforded the judge in this suit as in other suits, since he must not pronounce a hasty judgment on what is not proven. Therefore here as in other lawsuits witnesses should be called.

I answer that, In this kind of lawsuit as in others, truth must be unveiled by witnesses: yet, as the lawyers say, there are many things peculiar to this suit; namely that "the same person can be accuser and witness; that evidence is not taken 'on oath of calumny,' since it is a quasi-spiritual lawsuit; that relatives are allowed as witnesses; that the juridical order is not perfectly observed, since if the denunciation has been made, and the suit is uncontested, the defendant may be excommunicated if contumacious; that hearsay evidence is admitted; and that witnesses may be called after the publication of the names of the witnesses." All this is in order to prevent the sin that may occur in such a union (cap. Quoties aliqui; cap. Super eo, De test. et attest.; cap. Literas, De juram. calumn.).

This suffices for the Replies to the Objections.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether spiritual relationship is an impediment to marriage?

Objection 1. It would seem that spiritual relationship is not an impediment to marriage. For nothing is an impediment to marriage save what is contrary to a marriage good. Now spiritual relationship is not contrary to a marriage good. Therefore it is not an impediment to marriage.

Objection 2. Further, a perpetual impediment to marriage cannot stand together with marriage. But spiritual relationship sometimes stands together with marriage, as stated in the text (Sent. iv, D, 42), as when a man in a case of necessity baptizes his own child, for then he contracts a spiritual relationship with his wife, and yet the marriage is not dissolved. Therefore spiritual relationship is not an impediment to marriage.

Objection 3. Further, union of the spirit does not pass to the flesh. But marriage is a union of the flesh. Therefore since spiritual relationship is a union of the spirit, it cannot become an impediment to marriage.

Objection 4. Further, contraries have not the same effects. Now spiritual relationship is apparently contrary to disparity of worship, since spiritual relationship is a kinship resulting from the giving of a sacrament or the intention of so doing [See next Article, ad 3: whereas disparity of worship consists in the lack of a sacrament, as stated above (Supplement:50:1). Since then disparity of worship is an impediment to matrimony, it would seem that spiritual relationship has not this effect.

On the contrary, The holier the bond, the more is it to be safeguarded. Now a spiritual bond is holier than a bodily tie: and since the tie of bodily kinship is an impediment to marriage, it follows that spiritual relationship should also be an impediment.

Further, in marriage the union of souls ranks higher than union of bodies, for it precedes it. Therefore with much more reason can a spiritual relationship hinder marriage than bodily relationship does.

I answer that, Just as by carnal procreation man receives natural being, so by the sacraments he receives the spiritual being of grace. Wherefore just as the tie that is contracted by carnal procreation is natural to man, inasmuch as he is a natural being, so the tie that is contracted from the reception of the sacraments is after a fashion natural to man, inasmuch as he is a member of the Church. Therefore as carnal relationship hinders marriage, even so does spiritual relationship by command of the Church. We must however draw a distinction in reference to spiritual relationship, since either it precedes or follows marriage. If it precedes, it hinders the contracting of marriage and voids the contract. If it follows, it does not dissolve the marriage bond: but we must draw a further distinction in reference to the marriage act. For either the spiritual relationship is contracted in a case of necessity, as when a father baptizes his child who is at the point of death—and then it is not an obstacle to the marriage act on either side—or it is contracted without any necessity and through ignorance, in which case if the person whose action has occasioned the relationship acted with due caution, it is the same with him as in the former case—or it is contracted purposely and without any necessity, and then the person whose action has occasioned the relationship, loses the right to ask for the debt; but is bound to pay if asked, because the fault of the one party should not be prejudicial to the other.

Reply to Objection 1. Although spiritual relationship does not hinder any of the chief marriage goods, it hinders one of the secondary goods, namely the extension of friendship, because spiritual relationship is by itself a sufficient reason for friendship: wherefore intimacy and friendship with other persons need to be sought by means of marriage.

Reply to Objection 2. Marriage is a lasting bond, wherefore no supervening impediment can sever it. Hence it happens sometimes that marriage and an impediment to marriage stand together, but not if the impediment precedes.

Reply to Objection 3. In marriage there is not only a bodily but also a spiritual union: and consequently kinship of spirit proves an impediment thereto, without spiritual kinship having to pass into a bodily relationship.

Reply to Objection 4. There is nothing unreasonable in two things that are contrary to one another being contrary to the same thing, as great and small are contrary to equal. Thus disparity of worship and spiritual relationship are opposed to marriage, because in one the distance is greater, and in the other less, than required by marriage. Hence there is an impediment to marriage in either case.


Whether spiritual relationship is contracted by baptism only?

Objection 1. It would seem that spiritual relationship is contracted by Baptism only. For as bodily kinship is to bodily birth, so is spiritual kinship to spiritual birth. Now Baptism alone is called spiritual birth. Therefore spiritual kinship is contracted by Baptism only, even as only by carnal birth is carnal kinship contracted.

Objection 2. Further, a character is imprinted in order as in Confirmation. But spiritual relationship does not result from receiving orders. Therefore it does not result from Confirmation but only from Baptism.

Objection 3. Further, sacraments are more excellent than sacramentals. Now spiritual relationship does not result from certain sacraments, for instance from Extreme Unction. Much less therefore does it result from catechizing, as some maintain.

Objection 4. Further, many other sacramentals are attached to Baptism besides catechizing. Therefore spiritual relationship is not contracted from catechism any more than from the others.

Objection 5. Further, prayer is no less efficacious than instruction of catechism for advancement in good. But spiritual relationship does not result from prayer. Therefore it does not result from catechism.

Objection 6. Further, the instruction given to the baptized by preaching to them avails no less than preaching to those who are not yet baptized. But no spiritual relationship results from preaching. Neither therefore does it result from catechism.

Objection 7. On the other hand, It is written (1 Corinthians 4:15): "In Christ Jesus by the gospel I have begotten you." Now spiritual birth causes spiritual relationship. Therefore spiritual relationship results from the preaching of the gospel and instruction, and not only from Baptism.

Objection 8. Further, as original sin is taken away by Baptism, so is actual sin taken away by Penance. Therefore just as Baptism causes spiritual relationship, so also does Penance.

Objection 9. Further, "father" denotes relationship. Now a man is called another's spiritual father in respect of Penance, teaching, pastoral care and many other like things. Therefore spiritual relationship is contracted from many other sources besides Baptism and Confirmation.

I answer that, There are three opinions on this question. Some say that as spiritual regeneration is bestowed by the sevenfold grace of the Holy Ghost, it is caused by means of seven things, beginning with the first taste of blessed salt and ending with Confirmation given by the bishop: and they say that spiritual relationship is contracted by each of these seven things. But this does not seem reasonable, for carnal relationship is not contracted except by a perfect act of generation. Wherefore affinity is not contracted except there be mingling of seeds, from which it is possible for carnal generation to follow. Now spiritual generation is not perfected except by a sacrament: wherefore it does not seem fitting for spiritual relationship to be contracted otherwise than through a sacrament. Hence others say that spiritual relationship is only contracted through three sacraments, namely catechism, Baptism and Confirmation, but these do not apparently know the meaning of what they say, since catechism is not a sacrament but a sacramental. Wherefore others say that it is contracted through two sacraments only, namely Confirmation and Baptism, and this is the more common opinion. Some however of these say that catechism is a weak impediment, since it hinders the contracting of marriage but does not void the contract.

Reply to Objection 1. Carnal birth is twofold. The first is in the womb, wherein that which is born is a weakling and cannot come forth without danger: and to this birth regeneration by Baptism is likened; wherein a man is regenerated as though yet needing to be fostered in the womb of the Church. The second is birth from out of the womb, when that which was born in the womb is so far strengthened that it can without danger face the outer world which has a natural corruptive tendency. To this is likened Confirmation, whereby man being strengthened goes forth abroad to confess the name of Christ. Hence spiritual relationship is fittingly contracted through both these sacraments.

Reply to Objection 2. The effect of the sacrament of order is not regeneration but the bestowal of power, for which reason it is not conferred on women, and consequently no impediment to marriage can arise therefrom. Hence this kind of relationship does not count.

Reply to Objection 3. In catechism one makes a profession of future Baptism, just as in betrothal one enters an engagement of future marriage. Wherefore just as in betrothal a certain kind of propinquity is contracted, so is there in catechism, whereby marriage is rendered at least unlawful, as some say; but not in the other sacraments.

Reply to Objection 4. There is not made a profession of faith in the other sacramentals of Baptism, as in catechism: wherefore the comparison fails. The same answer applies to the Fifth and Sixth Objections.

Reply to Objection 7. The Apostle had instructed them in the faith by a kind of catechism; and consequently his instruction was directed to their spiritual birth.

Reply to Objection 8. Properly speaking a spiritual relationship is not contracted through the sacrament of Penance. Wherefore a priest's son can marry a woman whose confession the priest has heard, else in the whole parish he could not find a woman whom he could marry. Nor does it matter that by Penance actual sin is taken away, for this is not a kind of birth, but a kind of healing. Nevertheless Penance occasions a kind of bond between the woman penitent and the priest, that has a resemblance to spiritual relationship, so that if he have carnal intercourse with her, he sins as grievously as if she were his spiritual daughter. The reason of this is that the relations between priest and penitent are most intimate, and consequently in order to remove the occasion of sin this prohibition [Can. Omnes quos, and seqq., Caus. xxx] was made.

Reply to Objection 9. A spiritual father is so called from his likeness to a carnal father. Now as the Philosopher says (Ethic. viii, 2) a carnal father gives his child three things, being nourishment and instruction: and consequently a person's spiritual father is so called from one of these three things. Nevertheless he has not, through being his spiritual father, a spiritual relationship with him, unless he is like a (carnal) father as to generation which is the way to being. This solution may also be applied to the foregoing Eighth Objection.


Whether spiritual relationship is contracted between the person baptized and the person who raises him from the sacred font?

Objection 1. It would seem that spiritual relationship is not contracted between the person baptized and the person who raises him from the sacred font. For in carnal generation carnal relationship is contracted only on the part of the person of whose seed the child is born; and not on the part of the person who receives the child after birth. Therefore neither is spiritual relationship contracted between the receiver and the received at the sacred font.

Objection 2. Further, he who raises a person from the sacred font is called anadochos by Dionysius (Eccl. Hier. ii): and it is part of his office to instruct the child. But instruction is not a sufficient cause of spiritual relationship, as stated above (Article 2). Therefore no relationship is contracted between him and the person whom he raises from the sacred font.

Objection 3. Further, it may happen that someone raises a person from the sacred font before he himself is baptized. Now spiritual relationship is not contracted in such a case, since one who is not baptized is not capable of spirituality. Therefore raising a person from the sacred font is not sufficient to contract a spiritual relationship.

On the contrary, There is the definition of spiritual relationship quoted above (Article 1), as also the authorities mentioned in the text (Sent. iv, D, 42).

I answer that, Just as in carnal generation a person is born of a father and mother, so in spiritual generation a person is born again a son of God as Father, and of the Church as Mother. Now while he who confers the sacrament stands in the place of God, whose instrument and minister he is, he who raises a baptized person from the sacred font, or holds the candidate for Confirmation, stands in the place of the Church. Therefore spiritual relationship is contracted with both.

Reply to Objection 1. Not only the father, of whose seed the child is born, is related carnally to the child, but also the mother who provides the matter, and in whose womb the child is begotten. So too the godparent who in place of the Church offers and raises the candidate for Baptism and holds the candidate for Confirmation contracts spiritual relationship.

Reply to Objection 2. He contracts spiritual relationship not by reason of the instruction it is his duty to give, but on account of the spiritual birth in which he co-operates.

Reply to Objection 3. A person who is not baptized cannot raise anyone from the sacred font, since he is not a member of the Church whom the godparent in Baptism represents: although he can baptize, because he is a creature of God Whom the baptizer represents. And yet he cannot contract a spiritual relationship, since he is void of spiritual life to which man is first born by receiving Baptism.


Whether spiritual relationship passes from husband to wife?

Objection 1. It would seem that spiritual relationship does not pass from husband to wife. For spiritual and bodily union are disparate and differ generically. Therefore carnal union which is between husband and wife cannot be the means of contracting a spiritual relationship.

Objection 2. Further, the godfather and godmother have more in common in the spiritual birth that is the cause of spiritual relationship, than a husband, who is godfather, has with his wife. Now godfather and godmother do not hereby contract spiritual relationship. Therefore neither does a wife contract a spiritual relationship through her husband being godfather to someone.

Objection 3. Further, it may happen that the husband is baptized, and his wife not, for instance when he is converted from unbelief without his wife being converted. Now spiritual relationship cannot be contracted by one who is not baptized. Therefore it does not always pass from husband to wife.

Objection 4. Further, husband and wife together can raise a person from the sacred font, since no law forbids it. If therefore spiritual relationship passed from husband to wife, it would follow that each of them is twice godfather or godmother of the same individual: which is absurd.

On the contrary, Spiritual goods are more communicable than bodily goods. But the bodily consanguinity of the husband passes to his wife by affinity. Much more therefore does spiritual relationship.

I answer that, A may become co-parent with B in two ways. First, by the act of another (B), who baptizes A's child, or raises him in Baptism. In this way spiritual relationship does not pass from husband to wife, unless perchance it be his wife's child, for then she contracts spiritual relationship directly, even as her husband. Secondly, by his own act, for instance when he raises B's child from the sacred font, and thus spiritual relationship passes to the wife if he has already had carnal knowledge of her, but not if the marriage be not yet consummated, since they are not as yet made one flesh: and this is by way of a kind of affinity; wherefore it would seem on the same grounds to pass to a woman of whom he has carnal knowledge, though she be not his wife. Hence the verse: "I may not marry my own child's godmother, nor the mother of my godchild: but I may marry the godmother of my wife's child."

Reply to Objection 1. From the fact that corporal and spiritual union differ generically we may conclude that the one is not the other, but not that the one cannot cause the other, since things of different genera sometimes cause one another either directly or indirectly.

Reply to Objection 2. The godfather and godmother of the same person are not united in that person's spiritual birth save accidentally, since one of them would be self-sufficient for the purpose. Hence it does not follow from this that any spiritual relationship results between them whereby they are hindered from marrying one another. Hence the verse:

On the other hand, marriage by itself makes husband and wife one flesh: wherefore the comparison fails.

Reply to Objection 3. If the wife be not baptized, the spiritual relationship will not reach her, because she is not a fit subject, and not because spiritual relationship cannot pass from husband to wife through marriage.

Reply to Objection 4. Since no spiritual relationship results between godfather and godmother, nothing prevents husband and wife from raising together someone from the sacred font. Nor is it absurd that the wife become twice godmother of the same person from different causes, just as it is possible for her to be connected in carnal relationship both by affinity and consanguinity to the same person.


Whether spiritual relationship passes to the godfather's carnal children?

Objection 1. It would seem that spiritual relationship does not pass to the godfather's carnal children. For no degrees are assigned to spiritual relationship. Yet there would be degrees if it passed from father to son, since the person begotten involves a change of degree, as stated above (Supplement:55:5). Therefore it does not pass to the godfather's carnal sons.

Objection 2. Further, father and son are related in the same degree as brother and brother. If therefore spiritual relationship passes from father to son, it will equally pass from brother to brother: and this is false.

On the contrary, This is proved by authority quoted in the text (Sent. iv, D, 42).

I answer that, A son is something of his father and not conversely (Ethic. viii, 12): wherefore spiritual relationship passes from father to his carnal son and not conversely. Thus it is clear that there are three spiritual relationships: one called spiritual fatherhood between godfather and godchild; another called co-paternity between the godparent and carnal parent of the same person; and the third is called spiritual brotherhood, between godchild and the carnal children of the same parent. Each of these hinders the contracting of marriage and voids the contract.

Reply to Objection 1. The addition of a person by carnal generation entails a degree with regard to a person connected by the same kind of relationship, but not with regard to one connected by another kind of relationship. Thus a son is connected with his father's wife in the same degree as his father, but by another kind of relationship. Now spiritual relationship differs in kind from carnal. Wherefore a godson is not related to his godfather's carnal son in the same degree as the latter's father is related to him, through whom the spiritual relationship is contracted. Consequently it does not follow that spiritual relationship admits of degrees.

Reply to Objection 2. A man is not part of his brother as a son is of his father. But a wife is part of her husband, since she is made one with him in body. Consequently the relationship does not pass from brother to brother, whether the brother be born before or after spiritual brotherhood.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether adoption is rightly defined?

Objection 1. It would seem that adoption is not rightly defined: "Adoption is the act by which a person lawfully takes for his child or grandchild and so on one who does not belong to him." For the child should be subject to its father. Now, sometimes the person adopted does not come under the power of the adopter. Therefore adoption is not always the taking of someone as a child.

Objection 2. Further, "Parents should lay up for their children" (2 Corinthians 12:14). But the adoptive father does not always necessarily lay up for his adopted child, since sometimes the adopted does not inherit the goods of the adopter. Therefore adoption is not the taking of someone as a child.

Objection 3. Further, adoption, whereby someone is taken as a child, is likened to natural procreation whereby a child is begotten naturally. Therefore whoever is competent to beget a child naturally is competent to adopt. But this is untrue, since neither one who is not his own master, nor one who is not twenty-five years of age, nor a woman can adopt, and yet they can beget a child naturally. Therefore, properly speaking, adoption is not the taking of someone as a child.

Objection 4. Further, to take as one's child one who is not one's own seems necessary in order to supply the lack of children begotten naturally. Now one who is unable to beget, through being a eunuch or impotent, suffers especially from the absence of children of his own begetting. Therefore he is especially competent to adopt someone as his child. But he is not competent to adopt. Therefore adoption is not the taking of someone as one's child.

Objection 5. Further, in spiritual relationship, where someone is taken as a child without carnal procreation, it is of no consequence whether an older person become the father of a younger, or "vice versa," since a youth can baptize an old man and "vice versa." Therefore, if by adoption a person is taken as a child without being carnally begotten, it would make no difference whether an older person adopted a younger, or a younger an older person; which is not true. Therefore the same conclusion follows.

Objection 6. Further, there is no difference of degree between adopted and adopter. Therefore whoever is adopted, is adopted as a child; and consequently it is not right to say that one may be adopted as a grandchild.

Objection 7. Further, adoption is a result of love, wherefore God is said to have adopted us as children through charity. Now we should have greater charity towards those who are connected with us than towards strangers. Therefore adoption should be not of a stranger but of someone connected with us.

I answer that, Art imitates nature and supplies the defect of nature where nature is deficient. Hence just as a man begets by natural procreation, so by positive law which is the art of what is good and just, one person can take to himself another as a child in likeness to one that is his child by nature, in order to take the place of the children he has lost, this being the chief reason why adoption was introduced. And since taking implies a term "wherefrom," for which reason the taker is not the thing taken, it follows that the person taken as a child must be a stranger. Accordingly, just as natural procreation has a term "whereto," namely the form which is the end of generation, and a term "wherefrom," namely the contrary form, so legal generation has a term "whereto," namely a child or grandchild, and a term "wherefrom," namely, a stranger. Consequently the above definition includes the genus of adoption, for it is described as a "lawful taking," and the term "wherefrom," since it is said to be the taking of "a stranger," and the term "whereto," because it says, "as a child or grandchild."

Reply to Objection 1. The sonship of adoption is an imitation of natural sonship. Wherefore there are two species of adoption, one which imitates natural sonship perfectly, and this is called "arrogatio," whereby the person adopted is placed under the power of the adopter; and one who is thus adopted inherits from his adopted father if the latter die intestate, nor can his father legally deprive him of a fourth part of his inheritance. But no one can adopt in this way except one who is his own master, one namely who has no father or, if he has, is of age. There can be no adoption of this kind without the authority of the sovereign. The other kind of adoption imitates natural sonship imperfectly, and is called "simple adoption," and by this the adopted does not come under the power of the adopter: so that it is a disposition to perfect adoption, rather than perfect adoption itself. In this way even one who is not his own master can adopt, without the consent of the sovereign and with the authority of a magistrate: and one who is thus adopted does not inherit the estate of the adopter, nor is the latter bound to bequeath to him any of his goods in his will, unless he will.

This suffices for the Reply to the Second Objection.

Reply to Objection 3. Natural procreation is directed to the production of the species; wherefore anyone in whom the specific nature is not hindered is competent to be able to beget naturally. But adoption is directed to hereditary succession, wherefore those alone are competent to adopt who have the power to dispose of their estate. Consequently one who is not his own master, or who is less than twenty-five years of age, or a woman, cannot adopt anyone, except by special permission of the sovereign.

Reply to Objection 4. An inheritance cannot pass to posterity through one who has a perpetual impediment from begetting: hence for this very reason it ought to pass to those who ought to succeed to him by right of relationship; and consequently he cannot adopt, as neither can he beget. Moreover greater is sorrow for children lost than for children one has never had. Wherefore those who are impeded from begetting need no solace for their lack of children as those who have had and have lost them, or could have had them but have them not by reason of some accidental impediment.

Reply to Objection 5. Spiritual relationship is contracted through a sacrament whereby the faithful are born again in Christ, in Whom there is no difference between male and female, bondman and free, youth and old age (Galatians 3:28; Colossians 3:11). Wherefore anyone can indifferently become another's godfather. But adoption aims at hereditary succession and a certain subjection of the adopted to the adopter: and it is not fitting that older persons should be subjected to younger in the care of the household. Consequently a younger person cannot adopt an older; but according to law the adopted person must be so much younger than the adopter, that he might have been the child of his natural begetting.

Reply to Objection 6. One may lose one's grandchildren and so forth even as one may lose one's children. Wherefore since adoption was introduced as a solace for children lost, just as someone may be adopted in place of a child, so may someone be adopted in place of a grandchild and so on.

Reply to Objection 7. A relative ought to succeed by right of relationship; and therefore such a person is not competent to be chosen to succeed by adoption. And if a relative, who is not competent to inherit the estate, be adopted, he is adopted not as a relative, but as a stranger lacking the right of succeeding to the adopter's goods.


Whether a tie that is an impediment to marriage is contracted through adoption?

Objection 1. It would seem that there is not contracted through adoption a tie that is an impediment to marriage. For spiritual care is more excellent than corporeal care. But no tie of relationship is contracted through one's being subjected to another's spiritual care: else all those who dwell in the parish would be related to the parish priest and would be unable to marry his son. Neither therefore can this result from adoption which places the adopted under the care of the adopter.

Objection 2. Further, no tie of relationship results from persons conferring a benefit on another. But adoption is nothing but the conferring of a benefit. Therefore no tie of relationship results from adoption.

Objection 3. Further, a natural father provides for his child chiefly in three things, as the Philosopher states (Ethic. viii, 11,12), namely by giving him being, nourishment and education; and hereditary succession is subsequent to these. Now no tie of relationship is contracted by one's providing for a person's nourishment and education, else a person would be related to his nourishers, tutors and masters, which is false. Therefore neither is any relationship contracted through adoption by which one inherits another's estate.

Objection 4. Further, the sacraments of the Church are not subject to human laws. Now marriage is a sacrament of the Church. Since then adoption was introduced by human law, it would seem that a tie contracted from adoption cannot be an impediment to marriage.

On the contrary, Relationship is an impediment to marriage. Now a kind of relationship results from adoption, namely legal relationship, as evidenced by its definition, for "legal relationship is a connection arising out of adoption." Therefore adoption results in a tie which is an impediment to marriage.

Further, the same is proved by the authorities quoted in the text (Sent. iv, D, 42).

I answer that, The Divine law especially forbids marriage between those persons who have to live together lest, as Rabbi Moses observes (Doc. Perp. iii, 49), if it were lawful for them to have carnal intercourse, there should be more room for concupiscence to the repression of which marriage is directed. And since the adopted child dwells in the house of his adopted father like one that is begotten naturally human laws forbid the contracting of marriage between the like, and this prohibition is approved by the Church. Hence it is that legal adoption is an impediment to marriage.

This suffices for the Replies to the first three Objections, because none of those things entails such a cohabitation as might be an incentive to concupiscence. Therefore they do not cause a relationship that is an impediment to marriage.

Reply to Objection 4. The prohibition of a human law would not suffice to make an impediment to marriage, unless the authority of the Church intervenes by issuing the same prohibition.


Whether legal relationship is contracted only between the adopting father and the adopted child?

Objection 1. It would seem that a relationship of this kind is contracted only between the adopting father and the adopted child. For it would seem that it ought above all to be contracted between the adopting father and the natural mother of the adopted, as happens in spiritual relationship. Yet there is no legal relationship between them. Therefore it is not contracted between any other persons besides the adopter and adopted.

Objection 2. Further, the relationship that impedes marriage is a perpetual impediment. But there is not a perpetual impediment between the adopted son and the naturally begotten daughter of the adopted; because when the adoption terminates at the death of the adopter, or when the adopted comes of age, the latter can marry her. Therefore he was not related to her in such a way as to prevent him from marrying her.

Objection 3. Further, spiritual relationship passes to no person incapable of being a god-parent; wherefore it does not pass to one who is not baptized. Now a woman cannot adopt, as stated above (Article 1, Reply to Objection 2). Therefore legal relationship does not pass from husband to wife.

Objection 4. Further, spiritual relationship is stronger than legal. But spiritual relationship does not pass to a grandchild. Neither, therefore, does legal relationship.

On the contrary, Legal relationship is more in agreement with carnal union or procreation than spiritual relationship is. But spiritual relationship passes to another person. Therefore legal relationship does so also.

Further, the same is proved by the authorities quoted in the text (Sent. iv, D, 42).

I answer that, Legal relationship is of three kinds. The first is in the descending order as it were, and is contracted between the adoptive father and the adopted child, the latter's child grandchild and so on; the second is between the adopted child and the naturally begotten child; the third is like a kind of affinity, and is between the adoptive father and the wife of the adopted son, or contrariwise between the adopted son and the wife of the adoptive father. Accordingly the first and third relationships are perpetual impediments to marriage: but the second is not, but only so long as the adopted person remains under the power of the adoptive father, wherefore when the father dies or when the child comes of age, they can be married.

Reply to Objection 1. By spiritual generation the son is not withdrawn from the father's power, as in the case of adoption, so that the godson remains the son of both at the same time, whereas the adopted son does not. Hence no relationship is contracted between the adoptive father and the natural mother or father, as was the case in spiritual relationship.

Reply to Objection 2. Legal relationship is an impediment to marriage on account of the parties dwelling together: hence when the need for dwelling together ceases, it is not unreasonable that the aforesaid tie cease, for instance when he ceases to be under the power of the same father. But the adoptive father and his wife always retain a certain authority over their adopted son and his wife, wherefore the tie between them remains.

Reply to Objection 3. Even a woman can adopt by permission of the sovereign, wherefore legal relationship passes also to her. Moreover the reason why spiritual relationship does not pass to a non-baptized person is not because such a person cannot be a god-parent but because he is not a fit subject of spirituality.

Reply to Objection 4. By spiritual relationship the son is not placed under the power and care of the godfather, as in legal relationship: because it is necessary that whatever is in the son's power pass under the power of the adoptive father. Wherefore if a father be adopted the children and grandchildren who are in the power of the person adopted are adopted also.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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