Whether impotence is an impediment to marriage?

Objection 1. It would seem that impotence is not an impediment to marriage. For carnal copulation is not essential to marriage, since marriage is more perfect when both parties observe continency by vow. But impotence deprives marriage of nothing save carnal copulation. Therefore it is not a diriment impediment to the marriage contract.

Objection 2. Further, just as impotence prevents carnal copulation so does frigidity. But frigidity is not reckoned an impediment to marriage. Therefore neither should impotence be reckoned as such.

Objection 3. Further, all old people are frigid. Yet old people can marry. Therefore, etc.

Objection 4. Further, if the woman knows the man to be frigid when she marries him, the marriage is valid. Therefore frigidity, considered in itself, is not an impediment to marriage.

Objection 5. Further, calidity may prove a sufficient incentive to carnal copulation with one who is not a virgin, but not with one who is, because it happens to be so weak as to pass away quickly, and is therefore insufficient for the deflowering of a virgin. Or again it may move a man sufficiently in regard to a beautiful woman, but insufficiently in regard to an uncomely one. Therefore it would seem that frigidity, although it be an impediment in regard to one, is not an impediment absolutely.

Objection 6. Further, generally speaking woman is more frigid than man. But women are not debarred from marriage. Neither therefore should men be debarred on account of frigidity.

On the contrary, It is stated (Extra, De Frigidis et Malefic., cap. Quod Sedem): "Just as a boy who is incapable of marital intercourse is unfit to marry, so also those who are impotent are deemed most unfit for the marriage contract." Now persons affected with frigidity are the like. Therefore, etc.

Further, no one can bind himself to the impossible. Now in marriage man binds himself to carnal copulation; because it is for this purpose that he gives the other party power over his body. Therefore a frigid person, being incapable of carnal copulation, cannot marry.

I answer that, In marriage there is a contract whereby one is bound to pay the other the marital debt: wherefore just as in other contracts, the bond is unfitting if a person bind himself to what he cannot give or do, so the marriage contract is unfitting, if it be made by one who cannot pay the marital debt. This impediment is called by the general name of impotence as regards coition, and can arise either from an intrinsic and natural cause, or from an extrinsic and accidental cause, for instance spell, of which we shall speak later (Article 2). If it be due to a natural cause, this may happen in two ways. For either it is temporary, and can be remedied by medicine, or by the course of time, and then it does not void a marriage: or it is perpetual and then it voids marriage, so that the party who labors under this impediment remains for ever without hope of marriage, while the other may "marry to whom she will . . . in the Lord" (1 Corinthians 7:39). In order to ascertain whether the impediment be perpetual or not, the Church has appointed a fixed time, namely three years, for putting the matter to a practical proof: and if after three years, during which both parties have honestly endeavored to fulfil their marital intercourse, the marriage remain unconsummated, the Church adjudges the marriage to be dissolved. And yet the Church is sometimes mistaken in this, because three years are sometimes insufficient to prove impotence to be perpetual. Wherefore if the Church find that she has been mistaken, seeing that the subject of the impediment has completed carnal copulation with another or with the same person, she reinstates the former marriage and dissolves the subsequent one, although the latter has been contracted with her permission. ["Nowadays it is seldom necessary to examine too closely into this matter, as all cases arising from it are treated as far as possible under the form of dispensations of non-consummated marriages." Cf. Catholic Encyclopedia, CANONICAL IMPEDIMENTS.]

Reply to Objection 1. Although the act of carnal copulation is not essential to marriage, ability to fulfill the act is essential, because marriage gives each of the married parties power over the other's body in relation to marital intercourse.

Reply to Objection 2. Excessive calidity can scarcely be a perpetual impediment. If, however, it were to prove an impediment to marital intercourse for three years it would be adjudged to be perpetual. Nevertheless, since frigidity is a greater and more frequent impediment (for it not only hinders the mingling of seeds but also weakens the members which co-operate in the union of bodies), it is accounted an impediment rather than calidity, since all natural defects are reduced to frigidity.

Reply to Objection 3. Although old people have not sufficient calidity to procreate, they have sufficient to copulate. Wherefore they are allowed to marry, in so far as marriage is intended as a remedy, although it does not befit them as fulfilling an office of nature.

Reply to Objection 4. In all contracts it is agreed on all hands that anyone who is unable to satisfy an obligation is unfit to make a contract which requires the fulfilling of that obligation. Now this inability is of two kinds. First, because a person is unable to fulfill the obligation "de jure," and such inability renders the contract altogether void, whether the party with whom he contracts knows of this or not. Secondly, because he is unable to fulfill "de facto"; and then if the party with whom he contracts knows of this and, notwithstanding, enters the contract, this shows that the latter seeks some other end from the contract, and the contract stands. But if he does not know of it the contract is void. Consequently frigidity which causes such an impotence that a man cannot "de facto" pay the marriage debt, as also the condition of slavery, whereby a man cannot "de facto" give his service freely, are impediments to marriage, when the one married party does not know that the other is unable to pay the marriage debt. But an impediment whereby a person cannot pay the marriage debt "de jure," for instance consanguinity, voids the marriage contract, whether the other party knows of it or not. For this reason the Master holds (Sent. iv, D, 34) that these two impediments, frigidity and slavery, make it not altogether unlawful for their subjects to marry.

Reply to Objection 5. A man cannot have a perpetual natural impediment in regard to one person and not in regard to another. But if he cannot fulfill the carnal act with a virgin, while he can with one who is not a virgin, the hymeneal membrane may be broken by a medical instrument, and thus he may have connection with her. Nor would this be contrary to nature, for it would be done not for pleasure but for a remedy. Dislike for a woman is not a natural cause, but an accidental extrinsic cause: and therefore we must form the same judgment in its regard as about spells, of which we shall speak further on (Article 2).

Reply to Objection 6. The male is the agent in procreation, and the female is the patient, wherefore greater calidity is required in the male than in the female for the act of procreation. Hence the frigidity which renders the man impotent would not disable the woman. Yet there may be a natural impediment from another cause, namely stricture, and then we must judge of stricture in the woman in the same way as of frigidity in the man.


Whether a spell can be an impediment to marriage?

Objection 1. It would seem that a spell cannot be an impediment to marriage. For the spells in question are caused by the operation of demons. But the demons have no more power to prevent the marriage act than other bodily actions; and these they cannot prevent, for thus they would upset the whole world if they hindered eating and walking and the like. Therefore they cannot hinder marriage by spells.

Objection 2. Further, God's work is stronger than the devil's. But a spell is the work of the devil. Therefore it cannot hinder marriage which is the work of God.

Objection 3. Further, no impediment, unless it be perpetual, voids the marriage contract. But a spell cannot be a perpetual impediment, for since the devil has no power over others than sinners, the spell will be removed if the sin be cast out, or by another spell, or by the exorcisms of the Church which are employed for the repression of the demon's power. Therefore a spell cannot be an impediment to marriage.

Objection 4. Further, carnal copulation cannot be hindered, unless there be an impediment to the generative power which is its principle. But the generative power of one man is equally related to all women. Therefore a spell cannot be an impediment in respect of one woman without being so also in respect of all.

On the contrary, It is stated in the Decretals (XXXIII, qu. 1, cap. iv): "If by sorcerers or witches . . .," and further on, "if they be incurable, they must be separated."

Further, the demons' power is greater than man's: "There is no power upon earth that can be compared with him who was made to fear no one" (Job 41:24). Now through the action of man, a person may be rendered incapable of carnal copulation by some power or by castration; and this is an impediment to marriage. Therefore much more can this be done by the power of a demon.

I answer that, Some have asserted that witchcraft is nothing in the world but an imagining of men who ascribed to spells those natural effects the causes of which are hidden. But this is contrary to the authority of holy men who state that the demons have power over men's bodies and imaginations, when God allows them: wherefore by their means wizards can work certain signs. Now this opinion grows from the root of unbelief or incredulity, because they do not believe that demons exist save only in the imagination of the common people, who ascribe to the demon the terrors which a man conjures from his thoughts, and because, owing to a vivid imagination, certain shapes such as he has in his thoughts become apparent to the senses, and then he believes that he sees the demons. But such assertions are rejected by the true faith whereby we believe that angels fell from heaven, and that the demons exist, and that by reason of their subtle nature they are able to do many things which we cannot; and those who induce them to do such things are called wizards.

Wherefore others have maintained that witchcraft can set up an impediment to carnal copulation, but that no such impediment is perpetual: hence it does not void the marriage contract, and they say that the laws asserting this have been revoked. But this is contrary to actual facts and to the new legislation which agrees with the old.

We must therefore draw a distinction: for the inability to copulate caused by witchcraft is either perpetual and then it voids marriage, or it is not perpetual and then it does not void marriage. And in order to put this to practical proof the Church has fixed the space of three years in the same way as we have stated with regard to frigidity (Article 1). There is, however this difference between a spell and frigidity, that a person who is impotent through frigidity is equally impotent in relation to one as to another, and consequently when the marriage is dissolved, he is not permitted to marry another woman. whereas through witchcraft a man may be rendered impotent in relation to one woman and not to another, and consequently when the Church adjudges the marriage to be dissolved, each party is permitted to seek another partner in marriage.

Reply to Objection 1. The first corruption of sin whereby man became the slave of the devil was transmitted to us by the act of the generative power, and for this reason God allows the devil to exercise his power of witchcraft in this act more than in others. Even so the power of witchcraft is made manifest in serpents more than in other animals according to Genesis 3, since the devil tempted the woman through a serpent.

Reply to Objection 2. God's work may be hindered by the devil's work with God's permission; not that the devil is stronger than God so as to destroy His works by violence.

Reply to Objection 3. Some spells are so perpetual that they can have no human remedy, although God might afford a remedy by coercing the demon, or the demon by desisting. For, as wizards themselves admit, it does not always follow that what was done by one kind of witchcraft can be destroyed by another kind, and even though it were possible to use witchcraft as a remedy, it would nevertheless be reckoned to be perpetual, since nowise ought one to invoke the demon's help by witchcraft. Again, if the devil has been given power over a person on account of sin, it does not follow that his power ceases with the sin, because the punishment sometimes continues after the fault has been removed. And again, the exorcisms of the Church do not always avail to repress the demons in all their molestations of the body, if God will it so, but they always avail against those assaults of the demons against which they are chiefly instituted.

Reply to Objection 4. Witchcraft sometimes causes an impediment in relation to all, sometimes in relation to one only: because the devil is a voluntary cause not acting from natural necessity. Moreover, the impediment resulting from witchcraft may result from an impression made by the demon on a man's imagination, whereby he is deprived of the concupiscence that moves him in regard to a particular woman and not to another.


Whether madness is an impediment to marriage?

Objection 1. It would seem that madness is not an impediment to marriage. For spiritual marriage which is contracted in Baptism is more excellent than carnal marriage. But mad persons can be baptized. Therefore they can also marry.

Objection 2. Further, frigidity is an impediment to marriage because it impedes carnal copulation, which is not impeded by madness. Therefore neither is marriage impeded thereby.

Objection 3. Further, marriage is not voided save by a perpetual impediment. But one cannot tell whether madness is a perpetual impediment. Therefore it does not void marriage.

Objection 4. Further, the impediments that hinder marriage are sufficiently contained in the verses given above (Article 50). But they contain no mention of madness. Therefore, etc.

On the contrary, Madness removes the use of reason more than error does. But error is an impediment to marriage. Therefore madness is also.

Further, mad persons are not fit for making contracts. But marriage is a contract. Therefore, etc.

I answer that, The madness is either previous or subsequent to marriage. If subsequent, it nowise voids the marriage, but if it be previous, then the mad person either has lucid intervals, or not. If he has, then although it is not safe for him to marry during that interval, since he would not know how to educate his children, yet if he marries, the marriage is valid. But if he has no lucid intervals, or marries outside a lucid interval, then, since there can be no consent without use of reason, the marriage will be invalid.

Reply to Objection 1. The use of reason is not necessary for Baptism as its cause, in which way it is necessary for matrimony. Hence the comparison fails. We have, however, spoken of the Baptism of mad persons (III:68:12).

Reply to Objection 2. Madness impedes marriage on the part of the latter's cause which is the consent, although not on the part of the act as frigidity does. Yet the Master treats of it together with frigidity, because both are defects of nature (Sent. iv, D, 34).

Reply to Objection 3. A passing impediment which hinders the cause of marriage, namely the consent, voids marriage altogether. But an impediment that hinders the act must needs be perpetual in order to void the marriage.

Reply to Objection 4. This impediment is reducible to error, since in either case there is lack of consent on the part of the reason.


Whether marriage is annulled by the husband committing incest with his wife's sister?

Objection 1. It would seem that marriage is not annulled by the husband committing incest with his wife's sister. For the wife should not be punished for her husband's sin. Yet she would be punished if the marriage were annulled. Therefore, etc.

Objection 2. Further, it is a greater sin to know one's own relative, than to know the relative of one's wife. But the former sin is not an impediment to marriage. Therefore neither is the second.

Objection 3. Further, if this is inflicted as a punishment of the sin, it would seem, if the incestuous husband marry even after his wife's death, that they ought to be separated: which is not true.

Objection 4. Further, this impediment is not mentioned among those enumerated above (Article 50). Therefore it does not void the marriage contract.

On the contrary, By knowing his wife's sister he contracts affinity, with his wife. But affinity voids the marriage contract. Therefore the aforesaid incest does also.

Further, by whatsoever a man sinneth, by the same also is he punished. Now such a man sins against marriage. Therefore he ought to be punished by being deprived of marriage.

I answer that, If a man has connection with the sister or other relative of his wife before contracting marriage, even after his betrothal, the marriage should be broken off on account of the resultant affinity. If, however, the connection take place after the marriage has been contracted and consummated, the marriage must not be altogether dissolved: but the husband loses his right to marital intercourse, nor can he demand it without sin. And yet he must grant it if asked, because the wife should not be punished for her husband's sin. But after the death of his wife he ought to remain without any hope of marriage, unless he receive a dispensation on account of his frailty, through fear of unlawful intercourse. If, however, he marry without a dispensation, he sins by contravening the law of the Church, but his marriage is not for this reason to be annulled.

This suffices for the Replies to the Objections, for incest is accounted an impediment to marriage not so much for its being a sin as on account of the affinity which it causes. For this reason it is not mentioned with the other impediments, but is included in the impediment of affinity.


Whether defective age is an impediment to marriage?

Objection 1. It would seem that deficient age is not an impediment to marriage. For according to the laws children are under the care of a guardian until their twenty-fifth year. Therefore it would seem that before that age their reason is not sufficiently mature to give consent, and consequently that ought seemingly to be the age fixed for marrying. Yet marriage can be contracted before that age. Therefore lack of the appointed age is not an impediment to marriage.

Objection 2. Further, just as the tie of religion is perpetual so is the marriage tie. Now according to the new legislation (cap. Non Solum, De regular. et transeunt.) no one can be professed before the fourteenth year of age. Therefore neither could a person marry if defective age were an impediment.

Objection 3. Further, just as consent is necessary for marriage on the part of the man, so is it on the part of the woman. Now a woman can marry before the age of fourteen. Therefore a man can also.

Objection 4. Further, inability to copulate, unless it be perpetual and not known, is not an impediment to marriage. But lack of age is neither perpetual nor unknown. Therefore it is not an impediment to marriage.

Objection 5. Further, it is not included under any of the aforesaid impediments (Supplement:50, and consequently would seem not to be an impediment to marriage.

On the contrary, A Decretal (cap. Quod Sedem, De frigid et malefic.) says that "a boy who is incapable of marriage intercourse is unfit to marry." But in the majority of cases he cannot pay the marriage debt before the age of fourteen (De Animal. vii). Therefore, etc.

Further, "There is a fixed limit of size and growth for all things in nature" according to the Philosopher (De Anima ii, 4): and consequently it would seem that, since marriage is natural, it must have a fixed age by defect of which it is impeded.

I answer that, Since marriage is effected by way of a contract, it comes under the ordinance of positive law like other contracts. Consequently according to law (cap. Tua, De sponsal. impub.) it is determined that marriage may not be contracted before the age of discretion when each party is capable of sufficient deliberation about marriage, and of mutual fulfilment of the marriage debt, and that marriages otherwise contracted are void. Now for the most part this age is the fourteenth year in males and the twelfth year in women: but since the ordinances of positive law are consequent upon what happens in the majority of cases, if anyone reach the required perfection before the aforesaid age, so that nature and reason are sufficiently developed to supply the lack of age, the marriage is not annulled. Wherefore if the parties who marry before the age of puberty have marital intercourse before the aforesaid age, their marriage is none the less perpetually indissoluble.

Reply to Objection 1. In matters to which nature inclines there is not required such a development of reason in order to deliberate, as in other matters: and therefore it is possible after deliberation to consent to marriage before one is able to manage one's own affairs in other matters without a guardian.

Reply to Objection 2. The same answer applies, since the religious vow is about matters outside the inclination of nature, and which offer greater difficulty than marriage.

Reply to Objection 3. It is said that woman comes to the age of puberty sooner than man does (De Animal. ix); hence there is no parallel between the two.

Reply to Objection 4. In this case there is an impediment not only as to inability to copulate, but also on account of the defect of the reason, which is not yet qualified to give rightly that consent which is to endure in perpetuity.

Reply to Objection 5. The impediment arising from defective age, like that which arises from madness, is reducible to the impediment of error; because a man has not yet the full use of his free-will.

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 believer can marry an unbeliever?

Objection 1. It would seem that a believer can marry an unbeliever. For Joseph married an Egyptian woman, and Esther married Assuerus: and in both marriages there was disparity of worship, since one was an unbeliever and the other a believer. Therefore disparity of worship previous to marriage is not an impediment thereto.

Objection 2. Further, the Old Law teaches the same faith as the New. But according to the Old Law there could be marriage between a believer and an unbeliever, as evidenced by Deuteronomy 21:10 seqq.: "If thou go out to the fight . . . and seest in the number of the captives a beautiful woman and lovest her, and wilt have her to wife . . . thou shalt go in unto her, and shalt sleep with her, and she shall be thy wife." Therefore it is lawful also under the New Law.

Objection 3. Further, betrothal is directed to marriage. Now there can be a betrothal between a believer and an unbeliever in the case where a condition is made of the latter's future conversion. Therefore under the same condition there can be marriage between them.

Objection 4. Further, every impediment to marriage is in some way contrary to marriage. But unbelief is not contrary to marriage, since marriage fulfills an office of nature whose dictate faith surpasses. Therefore disparity of worship is not an impediment to marriage.

Objection 5. Further, there is sometime disparity of worship even between two persons who are baptized, for instance when, after Baptism, a person falls into heresy. Yet if such a person marry a believer, it is nevertheless a valid marriage. Therefore disparity of worship is not an impediment to marriage.

On the contrary, It is written (2 Corinthians 6:14): "What concord hath light with darkness? [Vulgate: 'What fellowship hath light with darkness? And what concord hath Christ with Belial?']" Now there is the greatest concord between husband and wife. Therefore one who is in the light of faith cannot marry one who is in the darkness of unbelief.

Further, it is written (Malachi 2:11): "Juda hath profaned the holiness of the Lord, which he loved, and hath married the daughter of a strange god." But such had not been the case if they could have married validly. Therefore disparity of worship is an impediment to marriage.

I answer that, The chief good of marriage is the offspring to be brought up to the worship of God. Now since education is the work of father and mother in common, each of them intends to bring up the child to the worship of God according to their own faith. Consequently if they be of different faith, the intention of the one will be contrary to the intention of the other, and therefore there cannot be a fitting marriage between them. For this reason disparity of faith previous to marriage is an impediment to the marriage contract.

Reply to Objection 1. In the Old Law it was allowable to marry with certain unbelievers, and forbidden with others. It was however especially forbidden with regard to inhabitants of the land of Canaan, both because the Lord had commanded them to be slain on account of their obstinacy, and because it was fraught with a greater danger, lest to wit they should pervert to idolatry those whom they married or their children, since the Israelites were more liable to adopt their rites and customs through dwelling among them. But it was permitted in regard to other unbelievers, especially when there could be no fear of their being drawn into idolatry. And thus Joseph, Moses, and Esther married unbelievers. But under the New Law which is spread throughout the whole world the prohibition extends with equal reason to all unbelievers. Hence disparity of worship previous to marriage is an impediment to its being contracted and voids the contract.

Reply to Objection 2. This law either refers to other nations with whom they could lawfully marry, or to the case when the captive woman was willing to be converted to the faith and worship of God.

Reply to Objection 3. Present is related to present in the same way as future to future. Wherefore just as when marriage is contracted in the present, unity of worship is required in both contracting parties, so in the case of a betrothal, which is a promise of future marriage, it suffices to add the condition of future unity of worship.

Reply to Objection 4. It has been made clear that disparity of worship is contrary to marriage in respect of its chief good, which is the good of the offspring.

Reply to Objection 5. Matrimony is a sacrament: and therefore so far as the sacramental essentials are concerned, it requires purity with regard to the sacrament of faith, namely Baptism, rather than with regard to interior faith. For which reason also this impediment is not called disparity of faith, but disparity of worship which concerns outward service, as stated above (Sent. iii, D, 9, 1, 1, qu. 1). Consequently if a believer marry a baptized heretic, the marriage is valid, although he sins by marrying her if he knows her to be a heretic: even so he would sin were he to marry an excommunicate woman, and yet the marriage would not be void: whereas on the other hand if a catechumen having right faith but not having been baptized were to marry a baptized believer, the marriage would not be valid.


Whether there can be marriage between unbelievers?

Objection 1. It would seem that there can be no marriage between unbelievers. For matrimony is a sacrament of the Church. Now Baptism is the door of the sacraments. Therefore unbelievers, since they are not baptized, cannot marry any more than they can receive other sacraments.

Objection 2. Further, two evils are a greater impediment to good than one. But the unbelief of only one party is an impediment to marriage. Much more, therefore, is the unbelief of both, and consequently there can be no marriage between unbelievers.

Objection 3. Further, just as there is disparity of worship between believer and unbeliever, so can there be between two unbelievers, for instance if one be a heathen and the other a Jew. Now disparity of worship is an impediment to marriage, as stated above (Article 1). Therefore there can be no valid marriage at least between unbelievers of different worship.

Objection 4. Further, in marriage there is real chastity. But according to Augustine (De Adult. Conjug. i, 18) there is no real chastity between an unbeliever and his wife, and these words are quoted in the Decretals (XXVIII, qu. i, can. Sic enim.). Neither therefore is there a true marriage.

Objection 5. Further, true marriage excuses carnal intercourse from sin. But marriage contracted between unbelievers cannot do this, since "the whole life of unbelievers is a sin," as a gloss observes on Romans 14:23, "All that is not of faith is sin." Therefore there is no true marriage between unbelievers.

On the contrary, It is written (1 Corinthians 7:12): "If any brother hath a wife that believeth not, and she consent to dwell with him, let him not put her away." But she is not called his wife except by reason of marriage. Therefore marriage between unbelievers is a true marriage.

Further, the removal of what comes after does not imply the removal of what comes first. Now marriage belongs to an office of nature, which precedes the state of grace, the principle of which is faith. Therefore unbelief does not prevent the existence of marriage between unbelievers.

I answer that, Marriage was instituted chiefly for the good of the offspring, not only as to its begetting—since this can be effected even without marriage—but also as to its advancement to a perfect state, because everything intends naturally to bring its effect to perfection. Now a twofold perfection is to be considered in the offspring. one is the perfection of nature, not only as regards the body but also as regards the soul, by those means which are of the natural law. The other is the perfection of grace: and the former perfection is material and imperfect in relation to the latter. Consequently, since those things which are for the sake of the end are proportionate to the end, the marriage that tends to the first perfection is imperfect and material in comparison with that which tends to the second perfection. And since the first perfection can be common to unbelievers and believers, while the second belongs only to believers, it follows that between unbelievers there is marriage indeed, but not perfected by its ultimate perfection as there is between believers.

Reply to Objection 1. Marriage was instituted not only as a sacrament, but also as an office of nature. And therefore, although marriage is not competent to unbelievers, as a sacrament dependent on the dispensation of the Church's ministers, it is nevertheless competent to them as fulfilling an office of nature. And yet even a marriage of this kind is a sacrament after the manner of a habit, although it is not actually since they do not marry actually in the faith of the Church.

Reply to Objection 2. Disparity of worship is an impediment to marriage, not by reason of unbelief, but on account of the difference of faith. For disparity of worship hinders not only the second perfection of the offspring, but also the first, since the parents endeavor to draw their children in different directions, which is not the case when both are unbelievers.

Reply to Objection 3. As already stated (Reply to Objection 1) there is marriage between unbelievers, in so far as marriage fulfills an office of nature. Now those things that pertain to the natural law are determinable by positive law: and therefore if any law among unbelievers forbid the contracting of marriage with unbelievers of a different rite, the disparity of worship will be an impediment to their intermarrying. They are not, however, forbidden by Divine law, because before God, however much one may stray from the faith, this makes no difference to one's being removed from grace: nor is it forbidden by any law of the Church who has not to judge of those who are without.

Reply to Objection 4. The chastity and other virtues of unbelievers are said not to be real, because they cannot attain the end of real virtue, which is real happiness. Thus we say it is not a real wine if it has not the effect of wine.

Reply to Objection 5. An unbeliever does not sin in having intercourse with his wife, if he pays her the marriage debt, for the good of the offspring, or for the troth whereby he is bound to her: since this is an act of justice and of temperance which observes the due circumstance in pleasure of touch; even as neither does he sin in performing acts of other civic virtues. Again, the reason why the whole life of unbelievers is said to be a sin is not that they sin in every act, but because they cannot be delivered from the bondage of sin by that which they do.


Whether the husband, being converted to the faith, may remain with his wife is she be unwilling to be converted?

Objection 1. It would seem that when a husband is converted to the faith he cannot remain with his wife who is an unbeliever and is unwilling to be converted, and whom he had married while he was yet an unbeliever. For where the danger is the same one should take the same precautions. Now a believer is forbidden to marry an unbeliever for fear of being turned away from the faith. Since then if the believer remain with the unbeliever whom he had married previously, the danger is the same, in fact greater, for neophytes are more easily perverted than those who have been brought up in the faith, it would seem that a believer, after being converted, cannot remain with an unbeliever.

Objection 2. Further, "An unbeliever cannot remain united to her who has been received into the Christian faith" (Decretals, XXVIII, qu. 1, can. Judaei). Therefore a believer is bound to put away a wife who does not believe.

Objection 3. Further, a marriage contracted between believers is more perfect than one contracted between unbelievers. Now, if believers marry within the degrees forbidden by the Church, their marriage is void. Therefore the same applies to unbelievers, and thus a believing husband cannot remain with an unbelieving wife, at any rate, if as an unbeliever he married her within the forbidden degrees.

Objection 4. Further, sometimes an unbeliever has several wives recognized by his law. If, then, he can remain with those whom he married while yet an unbeliever, it would seem that even after his conversion he can retain several wives.

Objection 5. Further, it may happen that after divorcing his first wife he has married a second, and that he is converted during this latter marriage. It would seem therefore that at least in this case he cannot remain with this second wife.

On the contrary, The Apostle counsels him to remain (1 Corinthians 7:12).

Further, no impediment that supervenes upon a true marriage dissolves it. Now it was a true marriage when they were both unbelievers. Therefore when one of them is converted, the marriage is not annulled on that account; and thus it would seem that they may lawfully remain together.

I answer that, The faith of a married person does not dissolve but perfects the marriage. Wherefore, since there is true marriage between unbelievers, as stated above (Article 2, Reply to Objection 1), the marriage tie is not broken by the fact that one of them is converted to the faith, but sometimes while the marriage tie remains, the marriage is dissolved as to cohabitation and marital intercourse, wherein unbelief and adultery are on a par, since both are against the good of the offspring. Consequently, the husband has the same power to put away an unbelieving wife or to remain with her, as he has to put away an adulterous wife or to remain with her. For an innocent husband is free to remain with an adulterous wife in the hope of her amendment, but not if she be obstinate in her sin of adultery, lest he seem to approve of her disgrace; although even if there be hope of her amendment he is free to put her away. In like manner the believer after his conversion may remain with the unbeliever in the hope of her conversion, if he see that she is not obstinate in her unbelief, and he does well in remaining with her, though not bound to do so: and this is what the Apostle counsels (1 Corinthians 7:12).

Reply to Objection 1. It is easier to prevent a thing being done than to undo what is rightly done. Hence there are many things that impede the contracting of marriage if they precede it, which nevertheless cannot dissolve it if they follow it. Such is the case with affinity (Supplement:55:6: and it is the same with disparity of worship.

Reply to Objection 2. In the early Church at the time of the apostles, both Jews and Gentiles were everywhere converted to the faith: and consequently the believing husband could then have a reasonable hope for his wife's conversion, even though she did not promise to be converted. Afterwards, however, as time went on the Jews became more obstinate than the Gentiles, because the Gentiles still continued to come to the faith, for instance, at the time of the martyrs, and at the time of Constantine and thereabouts. Wherefore it was not safe then for a believer to cohabit with an unbelieving Jewish wife, nor was there hope for her conversion as for that of a Gentile wife. Consequently, then, the believer could, after his conversion, cohabit with his wife if she were a Gentile, but not if she were a Jewess, unless she promised to be converted. This is the sense of that decree. Now, however, they are on a par, namely Gentiles and Jews, because both are obstinate; and therefore unless the unbelieving wife be willing to be converted, he is not allowed to cohabit with her, be she Gentile or Jew.

Reply to Objection 3. Non-baptized unbelievers are not bound by the laws of the Church, but they are bound by the ordinances of the Divine law. Hence unbelievers who have married within the degrees forbidden by the Divine law, whether both or one of them be converted to the faith, cannot continue in a like marriage. But if they have married within the degrees forbidden by a commandment of the Church, they can remain together if both be converted, or if one be converted and there be hope of the other's conversion.

Reply to Objection 4. To have several wives is contrary to the natural law by which even unbelievers are bound. Wherefore an unbeliever is not truly married save to her whom he married first. Consequently if he be converted with all his wives, he may remain with the first, and must put the others away. If, however, the first refuse to be converted, and one of the others be converted, he has the same right to marry her again as he would have to marry another. We shall treat of this matter further on (Article 5).

Reply to Objection 5. To divorce a wife is contrary to the law of nature, wherefore it is not lawful for an unbeliever to divorce his wife. Hence if he be converted after divorcing one and marrying another, the same judgment is to be pronounced in this case as in the case of a man who had several wives, because if he wish to be converted he is bound to take the first whom he had divorced and to put the other away.


Whether a believer can, after his conversion, put away his unbelieving wife if she be willing to cohabit with him without insult to the Creator?

Objection 1. It would seem that a believer, after his conversion, cannot put away his unbelieving wife if she be willing to cohabit with him without insult to the Creator. For the husband is more bound to his wife than a slave to his master. But a converted slave is not freed from the bond of slavery, as appears from 1 Corinthians 7:21; 1 Timothy 6:1. Therefore neither can a believing husband put away his unbelieving wife.

Objection 2. Further, no one may act to another's prejudice without the latter's consent. Now the unbelieving wife had a right in the body of her unbelieving husband. If, then, her husband's conversion to the faith could be prejudicial to the wife, so that he would be free to put her away, the husband could not be converted to the faith without his wife's consent, even as he cannot receive orders or vow continence without her consent.

Objection 3. Further, if a man, whether slave or free, knowingly marry a bondwoman, he cannot put her away on account of her different condition. Since, then, the husband, when he married an unbeliever, knew that she was an unbeliever, it would seem that in like manner he cannot put her away on account of her unbelief.

Objection 4. Further, a father is in duty bound to work for the salvation of his children. But if he were to leave his unbelieving wife, the children of their union would remain with the mother, because "the offspring follows the womb," and thus their salvation would be imperiled. Therefore he cannot lawfully put away his unbelieving wife.

Objection 5. Further, an adulterous husband cannot put away an adulterous wife, even after he has done penance for his adultery. Therefore if an adulterous and an unbelieving husband are to be judged alike, neither can the believer put aside the unbeliever, even after his conversion to the faith.

On the contrary, are the words of the Apostle (1 Corinthians 7:15-16).

Further, spiritual adultery is more grievous than carnal. But a man can put his wife away, as to cohabitation, on account of carnal adultery. Much more, therefore, can he do so on account of unbelief, which is spiritual adultery.

I answer that, Different things are competent and expedient to man according as his life is of one kind or of another. Wherefore he who dies to his former life is not bound to those things to which he was bound in his former life. Hence it is that he who vowed certain things while living in the world is not bound to fulfill them when he dies to the world by adopting the religious life. Now he who is baptized is regenerated in Christ and dies to his former life, since the generation of one thing is the corruption of another, and consequently he is freed from the obligation whereby he was bound to pay his wife the marriage debt, and is not bound to cohabit with her when she is unwilling to be converted, although in a certain case he is free to do so, as stated above (Article 3), just as a religious is free to fulfill the vows he took in the world, if they be not contrary to his religious profession, although he is not bound to do so.

Reply to Objection 1. Bondage is not inconsistent with the perfection of the Christian religion, which makes a very special profession of humility. But the obligation to a wife, or the conjugal bond, is somewhat derogatory to the perfection of Christian life, the highest state of which is in the possession of the continent: hence the comparison fails. Moreover one married party is not bound to the other as the latter's possession, as a slave to his master, but by way of a kind of partnership, which is unfitting between unbeliever and believer as appears from 2 Corinthians 6:15; hence there is no comparison between a slave and a married person.

Reply to Objection 2. The wife had a right in the body of her husband only as long as he remained in the life wherein he had married, since also when the husband dies the wife "is delivered from the law of her husband" (Romans 7:3). Wherefore if the husband leave her after he has changed his life by dying to his former life, this is nowise prejudicial to her. Now he who goes over to the religious life dies but a spiritual death and not a bodily death. Wherefore if the marriage be consummated, the husband cannot enter religion without his wife's consent, whereas he can before carnal connection when there is only a spiritual connection. On the other hand, he who is baptized is even corporeally buried together with Christ unto death; and therefore he is freed from paying the marriage debt even after the marriage has been consummated.

We may also reply that it is through her own fault in refusing to be converted that the wife suffers prejudice.

Reply to Objection 3. Disparity of worship makes a person simply unfit for lawful marriage, whereas the condition of bondage does not, but only where it is unknown. Hence there is no comparison between an unbeliever and a bondswoman.

Reply to Objection 4. Either the child has reached a perfect age, and then it is free to follow either the believing father or the unbelieving mother, or else it is under age, and then it should be given to the believer notwithstanding that it needs the mother's care for its education.

Reply to Objection 5. By doing penance the adulterer does not enter another life as an unbeliever by being baptized. Hence the comparison fails.


Whether the believer who leaves his unbelieving wife can take another wife?

Objection 1. It would seem that the believer who leaves his unbelieving wife cannot take another wife. For indissolubility is of the nature of marriage, since it is contrary to the natural law to divorce one's wife. Now there was true marriage between them as unbelievers. Therefore their marriage can nowise be dissolved. But as long as a man is bound by marriage to one woman he cannot marry another. Therefore a believer who leaves his unbelieving wife cannot take another wife.

Objection 2. Further, a crime subsequent to marriage does not dissolve the marriage. Now, if the wife be willing to cohabit without insult to the Creator, the marriage tie is not dissolved, since the husband cannot marry another. Therefore the sin of the wife who refuses to cohabit without insult to the Creator does not dissolve the marriage so that her husband be free to take another wife.

Objection 3. Further, husband and wife are equal in the marriage tie. Since, then, it is unlawful for the unbelieving wife to marry again while her husband lives, it would seem that neither can the believing husband do so.

Objection 4. Further, the vow of continence is more favorable than the marriage contract. Now seemingly it is not lawful for the believing husband to take a vow of continence without the consent of his unbelieving wife, since then the latter would be deprived of marriage if she were afterwards converted. Much less therefore is it lawful for him to take another wife.

Objection 5. Further, the son who persists in unbelief after his father's conversion loses the right to inherit from his father: and yet if he be afterwards converted, the inheritance is restored to him even though another should have entered into possession thereof. Therefore it would seem that in like manner, if the unbelieving wife be converted, her husband ought to be restored to her even though he should have married another wife: yet this would be impossible if the second marriage were valid. Therefore he cannot take another wife.

On the contrary, Matrimony is not ratified without the sacrament of Baptism. Now what is not ratified can be annulled. Therefore marriage contracted in unbelief can be annulled, and consequently, the marriage tie being dissolved, it is lawful for the husband to take another wife.

Further, a husband ought not to cohabit with an unbelieving wife who refuses to cohabit without insult to the Creator. If therefore it were unlawful for him to take another wife he would be forced to remain continent, which would seem unreasonable, since then he would be at a disadvantage through his conversion.

I answer that, When either husband or wife is converted to the faith the other remaining in unbelief, a distinction must be made. For if the unbeliever be willing to cohabit without insult to the Creator—that is without drawing the other to unbelief—the believer is free to part from the other, but by parting is not permitted to marry again. But if the unbeliever refuse to cohabit without insult to the Creator, by making use of blasphemous words and refusing to hear Christ's name, then if she strive to draw him to unbelief, the believing husband after parting from her may be united to another in marriage.

Reply to Objection 1. As stated above (Article 2), the marriage of unbelievers is imperfect, whereas the marriage of believers is perfect and consequently binds more firmly. Now the firmer tie always looses the weaker if it is contrary to it, and therefore the subsequent marriage contracted in the faith of Christ dissolves the marriage previously contracted in unbelief. Therefore the marriage of unbelievers is not altogether firm and ratified, but is ratified afterwards by Christ's faith.

Reply to Objection 2. The sin of the wife who refuses to cohabit without insult to the Creator frees the husband from the tie whereby he was bound to his wife so as to be unable to marry again during her lifetime. It does not however dissolve the marriage at once, since if she were converted from her blasphemy before he married again, her husband would be restored to her. But the marriage is dissolved by the second marriage which the believing husband would be unable to accomplish unless he were freed from his obligation to his wife by her own fault.

Reply to Objection 3. After the believer has married, the marriage tie is dissolved on either side, because the marriage is not imperfect as to the bond, although it is sometimes imperfect as to its effect. Hence it is in punishment of the unbelieving wife rather than by virtue of the previous marriage that she is forbidden to marry again. If however she be afterwards converted, she may be allowed by dispensation to take another husband, should her husband have taken another wife.

Reply to Objection 4. The husband ought not to take a vow of continence nor enter into a second marriage, if after his conversion there be a reasonable hope of the conversion of his wife, because the wife's conversion would be more difficult if she knew she was deprived of her husband. If however there be no hope of her conversion, he can take Holy orders or enter religion, having first besought his wife to be converted. And then if the wife be converted after her husband has received Holy Orders, her husband must not be restored to her, but she must take it as a punishment of her tardy conversion that she is deprived of her husband.

Reply to Objection 5. The bond of fatherhood is not dissolved by disparity of worship, as the marriage bond is: wherefore there is no comparison between an inheritance and a wife.


Whether other sins dissolve marriage?

Objection 1. It would seem that other sins besides unbelief dissolve marriage. For adultery is seemingly more directly opposed to marriage than unbelief is. But unbelief dissolves marriage in a certain case so that it is lawful to marry again. Therefore adultery has the same effect.

Objection 2. Further, just as unbelief is spiritual fornication, so is any kind of sin. If, then unbelief dissolves marriage because it is spiritual fornication, for the same reason any kind of sin will dissolve marriage.

Objection 3. Further, it is said (Matthew 5:30): "If thy right hand scandalize thee, pluck it off and cast it from thee," and a gloss of Jerome says that "by the hand and the right eye we may understand our brother, wife, relatives and children." Now these become obstacles to us by any kind of sin. Therefore marriage can be dissolved on account of any kind of sin.

Objection 4. Further, covetousness is idolatry according to Ephesians 5:5. Now a wife may be put away on account of idolatry. Therefore in like manner she can be put away on account of covetousness, as also on account of other sins graver than covetousness.

Objection 5. Further, the Master says this expressly (Sent. iv, D, 30).

On the contrary, It is said (Matthew 5:32): "Whosoever shall put away his wife, excepting for the cause of fornication, maketh her to commit adultery."

Further, if this were true, divorces would be made all day long, since it is rare to find a marriage wherein one of the parties does not fall into sin.

I answer that, Bodily fornication and unbelief have a special contrariety to the goods of marriage, as stated above (Article 3). Hence they are specially effective in dissolving marriages. Nevertheless it must be observed that marriage is dissolved in two ways. In one way as to the marriage tie, and thus marriage cannot be dissolved after it is ratified, neither by unbelief nor by adultery. But if it be not ratified, the tie is dissolved, if the one party remain in unbelief, and the other being converted to the faith has married again. On the other hand the aforesaid tie is not dissolved by adultery, else the unbeliever would be free to give a bill of divorce to his adulterous wife, and having put her away, could take another wife, which is false. In another way marriage is dissolved as to the act, and thus it can be dissolved on account of either unbelief or fornication. But marriage cannot be dissolved even as to the act on account of other sins, unless perchance the husband wish to cease from intercourse with his wife in order to punish her by depriving her of the comfort of his presence.

Reply to Objection 1. Although adultery is opposed to marriage as fulfilling an office of nature, more directly than unbelief, it is the other way about if we consider marriage as a sacrament of the Church, from which source it derives perfect stability, inasmuch as it signifies the indissoluble union of Christ with the Church. Wherefore the marriage that is not ratified can be dissolved as to the marriage tie on account of unbelief rather than on account of adultery.

Reply to Objection 2. The primal union of the soul to God is by faith, and consequently the soul is thereby espoused to God as it were, according to Hosea 2:20, "I will espouse thee to Me in faith." Hence in Holy Writ idolatry and unbelief are specially designated by the name of fornication: whereas other sins are called spiritual fornications by a more remote signification.

Reply to Objection 3. This applies to the case when the wife proves a notable occasion of sin to her husband, so that he has reason to fear his being in danger: for then the husband can withdraw from living with her, as stated above (Article 5).

Reply to Objection 4. Covetousness is said to be idolatry on account of a certain likeness of bondage, because both the covetous and the idolater serve the creature rather than the Creator; but not on account of likeness of unbelief, since unbelief corrupts the intellect whereas covetousness corrupts the affections.

Reply to Objection 5. The words of the Master refer to betrothal, because a betrothal can be rescinded on account of a subsequent crime. Or, if he is speaking of marriage, they must be referred to the severing of mutual companionship for a time, as stated above, or to the case when the wife is unwilling to cohabit except on the condition of sinning, for instance, if she were to say: "I will not remain your wife unless you amass wealth for me by theft," for then he ought to leave her rather than thieve.

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 it is lawful for a man to kill his wife if she be discovered in the act of adultery?

Objection 1. It would seem lawful for a man to kill his wife if she be discovered in the act of adultery. For the Divine law commanded adulterous wives to be stoned. Now it is not a sin to fulfill the Divine law. Neither therefore is it a sin to kill one's own wife if she be an adulteress.

Objection 2. Further, that which the law can rightly do, can be rightly done by one whom the law has commissioned to do it. But the law can rightly kill an adulterous wife or any other person deserving of death. Since then the law has commissioned the husband to kill his wife if she be discovered in the act of adultery, it would seem that he can rightly do so.

Objection 3. Further, the husband has greater power over his adulterous wife than over the man who committed adultery with her. Now if the husband strike a cleric whom he found with his wife he is not excommunicated. Therefore it would seem lawful for him even to kill his own wife if she be discovered in adultery.

Objection 4. Further, the husband is bound to correct his wife. But correction is given by inflicting a just punishment. Since then the just punishment of adultery is death, because it is a capital sin, it would seem lawful for a husband to kill his adulterous wife.

On the contrary, It is stated in the text (Sent. iv, D, 37) that "the Church of God is never bound by the laws of this world, for she has none but a spiritual sword." Therefore it would seem that he who wishes to belong to the Church cannot rightly take advantage of the law which permits a man to kill his wife.

Further, husband and wife are judged on a par. But it is not lawful for a wife to kill her husband if he be discovered in adultery. Neither therefore may a husband kill his wife.

I answer that, It happens in two ways that a husband kills his wife. First, by a civil judgment; and thus there is no doubt that a husband, moved by zeal for justice and not by vindictive anger or hatred can, without sin, bring a criminal accusation of adultery upon his wife before a secular court, and demand that she receive capital punishment as appointed by the law; just as it is lawful to accuse a person of murder or any other crime. Such an accusation however cannot be made in an ecclesiastical court, because, as stated in the text (Sent. iv, D, 37), the Church does not wield a material sword. Secondly, a husband can kill his wife himself without her being convicted in court, and thus to kill her outside of the act of adultery is not lawful, neither according to civil law nor according to the law of conscience, whatever evidence he may have of her adultery. The civil law however considers it, as though it were lawful, that he should kill her in the very act, not by commanding him to do so, but by not inflicting on him the punishment for murder, on account of the very great provocation which the husband receives by such a deed to kill his wife. But the Church is not bound in this matter by human laws, neither does she acquit him of the debt of eternal punishment, nor of such punishment as may be awarded him by an ecclesiastical tribunal for the reason that he is quit of any punishment to be inflicted by a secular court. Therefore in no case is it lawful for a husband to kill his wife on his own authority.

Reply to Objection 1. The law has committed the infliction of this punishment not to private individuals, but to public persons, who are deputed to this by their office. Now the husband is not his wife's judge: wherefore he may not kill her, but may accuse her in the judge's presence.

Reply to Objection 2. The civil law has not commissioned the husband to kill his wife by commanding him to do so, for thus he would not sin, just as the judge's deputy does not sin by killing the thief condemned to death: but it has permitted this by not punishing it. For which reason it has raised certain obstacles to prevent the husband from killing his wife.

Reply to Objection 3. This does not prove that it is lawful simply, but that it is lawful as regards immunity from a particular kind of punishment, since excommunication is also a kind of punishment.

Reply to Objection 4. There are two kinds of community: the household, such as a family; and the civil community, such as a city or kingdom. Accordingly, he who presides over the latter kind of community, a king for instance, can punish an individual both by correcting and by exterminating him, for the betterment of the community with whose care he is charged. But he who presides over a community of the first kind, can inflict only corrective punishment, which does not extend beyond the limits of amendment, and these are exceeded by the punishment of death. Wherefore the husband who exercises this kind of control over his wife may not kill her, but he may accuse or chastise her in some other way.


Whether wife-murder is an impediment to marriage?

Objection 1. It would seem that wife-murder is not an impediment to marriage. For adultery is more directly opposed to marriage than murder is. Now adultery is not an impediment to marriage. Neither therefore is wife-murder.

Objection 2. Further, it is a more grievous sin to kill one's mother than one's wife, for it is never lawful to strike one's mother, whereas it is sometimes lawful to strike one's wife. But matricide is not an impediment to marriage. Neither therefore is wife-murder.

Objection 3. Further, it is a greater sin for a man to kill another man's wife on account of adultery than to kill his own wife, inasmuch as he has less motive and is less concerned with her correction. But he who kills another man's wife is not hindered from marrying. Neither therefore is he who kills his own wife.

Objection 4. Further, if the cause be removed, the effect is removed. But the sin of murder can be removed by repentance. Therefore the consequent impediment to marriage can be removed also: and consequently it would seem that after he has done penance he is not forbidden to marry.

On the contrary, A canon (caus. xxxiii, qu. ii, can. Interfectores) says: "The slayers of their own wives must be brought back to penance, and they are absolutely forbidden to marry." Further, in whatsoever a man sins, in that same must he be punished. But he who kills his wife sins against marriage. Therefore he must be punished by being deprived of marriage.

I answer that, By the Church's decree wife-murder is an impediment to marriage. Sometimes however it forbids the contracting of marriage without voiding the contract, when to wit the husband kills his wife on account of adultery or even through hatred; nevertheless if there be fear lest he should prove incontinent, he may be dispensed by the Church so as to marry lawfully. Sometimes it also voids the contract, as when a man kills his wife in order to marry her with whom he has committed adultery, for then the law declares him simply unfit to marry her, so that if he actually marry her his marriage is void. He is not however hereby rendered simply unfit by law in relation to other women: wherefore if he should have married another, although he sin by disobeying the Church's ordinance, the marriage is nevertheless not voided for this reason.

Reply to Objection 1. Murder and adultery in certain cases forbid the contracting of marriage and void the contract, as we say here in regard to wife-murder, and shall say further on (Sent. iv, 62, 2) in regard to adultery. We may also reply that wife-murder is contrary to the substance of wedlock, whereas adultery is contrary to the good of fidelity due to marriage. Hence adultery is not more opposed to marriage than wife-murder, and the argument is based on a false premiss.

Reply to Objection 2. Simply speaking it is a more grievous sin to kill one's mother than one's wife, as also more opposed to nature, since a man reveres his mother naturally. Consequently he is less inclined to matricide and more prone to wife-murder; and it is to repress this proneness that the Church has forbidden marriage to the man who has murdered his wife.

Reply to Objection 3. Such a man does not sin against marriage as he does who kills his own wife; wherefore the comparison fails.

Reply to Objection 4. It does not follow that because guilt has been remitted therefore the entire punishment is remitted, as evidenced by irregularity. For repentance does not restore a man to his former dignity, although it can restore him to his former state of grace, as stated above (Supplement:38:1 ad 3).

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 one party after the marriage has been consummated can enter religion without the other's consent?

Objection 1. It would seem that even after the marriage has been consummated one consort can enter religion without the other's consent. For the Divine law ought to be more favorable to spiritual things than human law. Now human law has allowed this. Therefore much more should the Divine law permit it.

Objection 2. Further, the lesser good does not hinder the greater. But the married state is a lesser good than the religious state, according to 1 Corinthians 7:38. Therefore marriage ought not to hinder a man from being able to enter religion.

Objection 3. Further, in every form of religious life there is a kind of spiritual marriage. Now it is lawful to pass from a less strict religious order to one that is stricter. Therefore it is also allowable to pass from a less strict—namely a carnal—marriage to a stricter marriage, namely that of the religious life, even without the wife's consent.

On the contrary, Married persons are forbidden (1 Corinthians 7:5) to abstain from the use of marriage even for a time without one another's consent, in order to have time for prayer.

Further, no one can lawfully do that which is prejudicial to another without the latter's consent. Now the religious vow taken by one consort is prejudicial to the other, since the one has power over the other's body. Therefore one of them cannot take a religious vow without the other's consent.

I answer that, No one can make an offering to God of what belongs to another. Wherefore since by a consummated marriage the husband's body already belongs to his wife, he cannot by a vow of continence offer it to God without her consent.

Reply to Objection 1. Human law considers marriage merely as fulfilling an office of nature: whereas the Divine law considers it as a sacrament, by reason of which it is altogether indissoluble. Hence the comparison fails.

Reply to Objection 2. It is not unreasonable that a greater good be hindered by a lesser which is contrary to it, just as good is hindered by evil.

Reply to Objection 3. In every form of religious life marriage is contracted with one person, namely Christ; to Whom, however, a person contracts more obligations in one religious order than in another. But in carnal marriage and religious marriage the contract is not with the same person: wherefore that comparison fails.


Whether before the marriage has been consummated one consort can enter religion without the other's consent?

Objection 1. It would seem that even before the marriage has been consummated one consort cannot enter religion without the other's consent. For the indissolubility of marriage belongs to the sacrament of matrimony, inasmuch, namely, as it signifies the union of Christ with the Church. Now marriage is a true sacrament before its consummation, and after consent has been expressed in words of the present. Therefore it cannot be dissolved by one of them entering religion.

Objection 2. Further, by virtue of the consent expressed in words of the present, the one consort has given power over his body to the other. Therefore the one can forthwith ask for the marriage debt, and the other is bound to pay: and so the one cannot enter religion without the other's consent.

Objection 3. Further, it is said (Matthew 19:6): "What God hath joined together let no man put asunder." But the union which precedes marital intercourse was made by God. Therefore it cannot be dissolved by the will of man.

On the contrary, According to Jerome [Prolog. in Joan.] our Lord called John from his wedding.

I answer that, Before marital intercourse there is only a spiritual bond between husband and wife, but afterwards there is a carnal bond between them. Wherefore, just as after marital intercourse marriage is dissolved by carnal death, so by entering religion the bond which exists before the consummation of the marriage is dissolved, because religious life is a kind of spiritual death, whereby a man dies to the world and lives to God.

Reply to Objection 1. Before consummation marriage signifies the union of Christ with the soul by grace, which is dissolved by a contrary spiritual disposition, namely mortal sin. But after consummation it signifies the union of Christ with the Church, as regards the assumption of human nature into the unity of person, which union is altogether indissoluble.

Reply to Objection 2. Before consummation the body of one consort is not absolutely delivered into the power of the other, but conditionally, provided neither consort meanwhile seek the fruit of a better life. But by marital intercourse the aforesaid delivery is completed, because then each of them enters into bodily possession of the power transferred to him. Wherefore also before consummation they are not bound to pay the marriage debt forthwith after contracting marriage by words of the present, but a space of two months is allowed them for three reasons. First that they may deliberate meanwhile about entering religion; secondly, to prepare what is necessary for the solemnization of the wedding. thirdly, lest the husband think little of a gift he has not longed to possess (cap. Institutum, caus. xxvi, qu. ii).

Reply to Objection 3. The marriage union, before consummation, is indeed perfect as to its primary being, but is not finally perfect as to its second act which is operation. It is like bodily possession and consequently is not altogether indissoluble.


Whether the wife may take another husband if her husband has entered religion before the consummation of the marriage?

Objection 1. It would seem that the wife may not take another husband, if her husband has entered religion before the consummation of the marriage. For that which is consistent with marriage does not dissolve the marriage tie. Now the marriage tie still remains between those who equally take religious vows. Therefore by the fact that one enters religion, the other is not freed from the marriage tie. But as long as she remains tied to one by marriage, she cannot marry another. Therefore, etc.

Objection 2. Further, after entering religion and before making his profession the husband can return to the world. If then the wife can marry again when her husband enters religion, he also can marry again when he returns to the world: which is absurd.

Objection 3. Further, by a new decree (cap. Non solum, de regular. et transeunt.) a profession, if made before the expiry of a year, is accounted void. Therefore if he return to his wife after making such a profession, she is bound to receive him. Therefore neither by her husband's entry into religion, nor by his taking a vow, does the wife receive the power to marry again.

On the contrary, No one can bind another to those things which belong to perfection. Now continence is of those things that belong to perfection. Therefore a wife is not bound to continence on account of her husband entering religion, and consequently she can marry.

I answer that, Just as bodily death of the husband dissolves the marriage tie in such a way that the wife may marry whom she will, according to the statement of the Apostle (1 Corinthians 7:39); so too after the husband's spiritual death by entering religion, she can marry whom she will.

Reply to Objection 1. When both consorts take a like vow of continence, neither renounces the marriage tie, wherefore it still remains: but when only one takes the vow, then for his own part he renounces the marriage tie, wherefore the other is freed therefrom.

Reply to Objection 2. A person is not accounted dead to the world by entering religion until he makes his profession, and consequently his wife is bound to wait for him until that time.

Reply to Objection 3. We must judge of a profession thus made before the time fixed by law, as of a simple vow. Wherefore just as when the husband has taken a simple vow his wife is not bound to pay him the marriage debt, and yet has not the power to marry again, so is it in this case.

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 it is lawful for a husband to put away his wife on account of fornication?

Objection 1. It would seem unlawful for a husband to put away his wife on account of fornication. For we must not return evil for evil. But the husband, by putting away his wife on account of fornication, seemingly returns evil for evil. Therefore this is not lawful.

Objection 2. Further, the sin is greater if both commit fornication, than if one only commits it. But if both commit fornication, they cannot be divorced on that account. Neither therefore can they be, if only one commits fornication.

Objection 3. Further, spiritual fornication and certain other sins are more grievous than carnal fornication. But separation from bed cannot be motived by those sins. Neither therefore can it be done on account of fornication.

Objection 4. Further, the unnatural vice is further removed from the marriage goods than fornication is, the manner of which is natural. Therefore it ought to have been a cause of separation rather than fornication.

On the contrary, are the words of Matthew 5:32.

Further, one is not bound to keep faith with one who breaks his faith. But a spouse by fornication breaks the faith due to the other spouse. Therefore one can put the other away on account of fornication.

I answer that, Our Lord permitted a man to put away his wife on account of fornication, in punishment of the unfaithful party and in favor of the faithful party, so that the latter is not bound to marital intercourse with the unfaithful one. There are however seven cases to be excepted in which it is not lawful to put away a wife who has committed fornication, when either the wife is not to be blamed, or both parties are equally blameworthy. The first is if the husband also has committed fornication; the second is if he has prostituted his wife; the third is if the wife, believing her husband dead on account of his long absence, has married again; the fourth is if another man has fraudulently impersonated her husband in the marriage-bed; the fifth is if she be overcome by force; the sixth is if he has been reconciled to her by having carnal intercourse with her after she has committed adultery; the seventh is if both having been married in the state of unbelief, the husband has given his wife a bill of divorce and she has married again; for then if both be converted the husband is bound to receive her back again.

Reply to Objection 1. A husband sins if through vindictive anger he puts away his wife who has committed fornication, but he does not sin if he does so in order to avoid losing his good name, lest he seem to share in her guilt, or in order to correct his wife's sin, or in order to avoid the uncertainty of her offspring.

Reply to Objection 2. Divorce on account of fornication is effected by the one accusing the other. And since no one can accuse who is guilty of the same crime, a divorce cannot be pronounced when both have committed fornication, although marriage is more sinned against when both are guilty of fornication that when only one is.

Reply to Objection 3. Fornication is directly opposed to the good of marriage, since by it the certainty of offspring is destroyed, faith is broken, and marriage ceases to have its signification when the body of one spouse is given to several others. Wherefore other sins, though perhaps they be more grievous than fornication, are not motives for a divorce. Since, however, unbelief which is called spiritual fornication, is also opposed to the good of marriage consisting in the rearing of the offspring to the worship of God, it is also a motive for divorce, yet not in the same way as bodily fornication. Because one may take steps for procuring a divorce on account of one act of carnal fornication, not, however, on account of one act of unbelief, but on account of inveterate unbelief which is a proof of obstinacy wherein unbelief is perfected.

Reply to Objection 4. Steps may be taken to procure a divorce on account also of the unnatural vice: but this is not mentioned in the same way, both because it is an unmentionable passion, and because it does not so affect the certainty of offspring.


Whether the husband is bound by precept to put away his wife when she is guilty of fornication?

Objection 1. It would seem that the husband is bound by precept to put away his wife who is guilty of fornication. For since the husband is the head of his wife, he is bound to correct his wife. Now separation from bed is prescribed as a correction of the wife who is guilty of fornication. Therefore he is bound to separate from her.

Objection 2. Further, he who consents with one who sins mortally, is also guilty of mortal sin. Now the husband who retains a wife guilty of fornication would seem to consent with her, as stated in the text (Sent. iv, D, 35). Therefore he sins unless he puts her away.

Objection 3. Further, it is written (1 Corinthians 6:16): "He who is joined to a harlot is made one body." Now a man cannot at once be a member of a harlot and a member of Christ (1 Corinthians 6:15). Therefore the husband who is joined to a wife guilty of fornication ceases to be a member of Christ, and therefore sins mortally.

Objection 4. Further, just as relationship voids the marriage tie, so does fornication dissolve the marriage-bed. Now after the husband becomes cognizant of his consanguinity with his wife, he sins mortally if he has carnal intercourse with her. Therefore he also sins mortally if he does so after knowing her to be guilty of fornication.

Objection 5.On the contrary, A gloss on 1 Corinthians 7:11, "Let not the husband put away his wife" says that "Our Lord permitted a wife to be put away on account of fornication." Therefore it is not a matter of precept.

Objection 6. Further, one can always pardon the sin that another has committed against oneself. Now the wife, by committing fornication, sinned against her husband. Therefore the husband may spare her by not putting her away.

I answer that, The putting away of a wife guilty of fornication was prescribed in order that the wife might be corrected by means of that punishment. Now a corrective punishment is not required when amendment has already taken place. Wherefore, if the wife repent of her sin, her husband is not bound to put her away: whereas if she repent not, he is bound to do so, lest he seem to consent to her sin, by not having recourse to her due correction.

Reply to Objection 1. The wife can be corrected for her sin of fornication not only by this punishment but also by words and blows; wherefore if she be ready to be corrected otherwise, her husband is not bound to have recourse to the aforesaid punishment in order to correct her.

Reply to Objection 2. The husband seems to consent with her when he retains her, notwithstanding that she persists in her past sin: if, however, she has mended her ways, he does not consent with her.

Reply to Objection 3. She can no longer be called a harlot since she has repented of her sin. Wherefore her husband, by being joined to her, does not become a member of a harlot. We might also reply that he is joined to her not as a harlot but as his wife.

Reply to Objection 4. There is no parallel, because the effect of consanguinity is that there is no marriage tie between them, so that carnal intercourse between them becomes unlawful. Whereas fornication does not remove the said tie, so that the act remains, in itself, lawful, unless it become accidentally unlawful, in so far as the husband seems to consent to his wife's lewdness.

Reply to Objection 5. This permission is to be understood as an absence of prohibition: and thus it is not in contradistinction with a precept, for that which is a matter of precept is also not forbidden.

Reply to Objection 6. The wife sins not only against her husband, but also against herself and against God, wherefore her husband cannot entirely remit the punishment, unless amendment has followed.


Whether the husband can on his own judgment put away his wife on account of fornication?

Objection 1. It would seem that the husband can on his own judgment put away his wife on account of fornication. For when sentence has been pronounced by the judge, it is lawful to carry it out without any further judgment. But God, the just Judge, has pronounced this judgment, that a husband may put his wife away on account of fornication. Therefore no further judgment is required for this.

Objection 2. Further, it is stated (Matthew 1:19) that Joseph . . . being a just man . . . "was minded to put" Mary "away privately." Therefore it would seem that a husband may privately pronounce a divorce without the judgment of the Church.

Objection 3. Further, if after becoming cognizant of his wife's fornication a husband has marital intercourse with his wife, he forfeits the action which he had against the adulteress. Therefore the refusal of the marriage debt, which pertains to a divorce, ought to precede the judgment of the Church.

Objection 4. Further, that which cannot be proved ought not to be submitted to the judgment of the Church. Now the crime of fornication cannot be proved, since "the eye of the adulterer observeth darkness" (Job 24:15). Therefore the divorce in question ought not to be made on the judgment of the Church.

Objection 5. Further, accusation should be preceded by inscription [Cf. II-II:33:7], whereby a person binds himself under the pain of retaliation, if he fails to bring proof. But this is impossible in this matter, because then, in every event the husband would obtain his end, whether he put his wife away, or his wife put him away. Therefore she ought not to be summoned by accusation to receive the judgment of the Church.

Objection 6. Further, a man is more bound to his wife than to a stranger. Now a man ought not to refer to the Church the crime of another, even though he be a stranger, without previously admonishing him privately (Matthew 18:15). Much less therefore may the husband bring his wife's crime before the Church, unless he has previously rebuked her in private.

On the contrary, No one should avenge himself. But if a husband were by his own judgment to put away his wife on account of fornication, he would avenge himself. Therefore this should not be done.

Further, no man is prosecutor and judge in the same cause. But the husband is the prosecutor by suing his wife for the offense she has committed against him. Therefore he cannot be the judge, and consequently he cannot put her away on his own judgment.

I answer that, A husband can put away his wife in two ways. First as to bed only, and thus he may put her away on his own judgment, as soon as he has evidence of her fornication: nor is he bound to pay her the marriage debt at her demand, unless he be compelled by the Church, and by paying it thus he nowise prejudices his own case. Secondly, as to bed and board, and in this way she cannot be put away except at the judgment of the Church; and if she has been put away otherwise, he must be compelled to cohabit with her unless the husband can at once prove the wife's fornication. Now this putting away is called a divorce: and consequently it must be admitted that a divorce cannot be pronounced except at the judgment of the Church.

Reply to Objection 1. The sentence is an application of the general law to a particular fact. Wherefore God gave out the law according to which the sentence of the court has to be pronounced.

Reply to Objection 2. Joseph was minded to put away the Blessed Virgin not as suspected of fornication, but because in reverence for her sanctity, he feared to cohabit with her. Moreover there is no parallel, because then the sentence at law was not only divorce but also stoning, but not now when the case is brought to the Church for judgment. The Reply to the Third Objection is clear from what has been said.

Reply to Objection 4. Sometimes when the husband suspects his wife of adultery he watches her secretly that together with witnesses he may discover her in the sin of fornication, and so proceed to accusation. Moreover, if he has no evidence of the fact, there may be strong suspicions of fornication, which suspicions being proved the fornication seems to be proved: for instance if they be found together alone, at a time and place which are open to suspicion, or "nudas cum nuda."

Reply to Objection 5. A husband may accuse his wife of adultery in two ways. First, he may seek a separation from bed before a spiritual judge, and then there is no need for an inscription to be made under the pain of retaliation, since thus the husband would gain his end, as the objection proves. Secondly, he may seek for the crime to be punished in a secular court, and then it is necessary for inscription to precede, whereby he binds himself under pain of retaliation if he fail to prove his case.

Reply to Objection 6. According to a Decretal (Extra, De Simonia, cap. Licet), "there are three modes of procedure in criminal cases. First, by inquisition, which should be preceded by notoriety; secondly, by accusation, which should be preceded by inscription; [Cf. II-II:33:7] thirdly, by denunciation, which should be preceded by fraternal correction." Accordingly the saying of our Lord refers to the case where the process is by way of denunciation, and not by accusation, because then the end in view is not only the correction of the guilty party, but also his punishment, for the safeguarding of the common good, which would be destroyed if justice were lacking.


Whether in a case of divorce husband and wife should be judged on a par with each other?

Objection 1. It would seem that, in a case of divorce, husband and wife ought not to be judged on a par with each other. For divorce under the New Law takes the place of the divorce [repudium] recognized by the Old Law (Matthew 5:31-32). Now in the "repudium" husband and wife were not judged on a par with each other, since the husband could put away his wife, but not "vice versa." Therefore neither in divorce ought they to be judged on a par with each other.

Objection 2. Further, it is more opposed to the natural law that a wife have several husbands than that a husband have several wives: wherefore the latter has been sometimes lawful, but the former never. Therefore the wife sins more grievously in adultery than the husband, and consequently they ought not to be judged on a par with each other.

Objection 3. Further, where there is greater injury to one's neighbor, there is a greater sin. Now the adulterous wife does a greater injury to her husband, than does the adulterous husband to his wife, since a wife's adultery involves uncertainty of the offspring, whereas the husband's adultery does not. Therefore the wife's sin is the greater, and so they ought not to be judged on a par with each other.

Objection 4. Further, divorce is prescribed in order to punish the crime of adultery. Now it belongs to the husband who is the head of the wife (1 Corinthians 11:3) to correct his wife, rather than "vice versa." Therefore they should not be judged on a par with each other for the purpose of divorce, but the husband ought to have the preference.

Objection 5. On the contrary, It would seem in this matter the wife ought to have the preference. For the more frail the sinner the more is his sin deserving of pardon. Now there is greater frailty in women than in men, for which reason Chrysostom [Hom. xl in the Opus Imperfectum falsely ascribed to St. John Chrysostom] says that "lust is a passion proper to women," and the Philosopher says (Ethic. vii, 7) that "properly speaking women are not said to be continent on account of their being easily inclined to concupiscence," for neither can dumb animals be continent, because they have nothing to stand in the way of their desires. Therefore women are rather to be spared in the punishment of divorce.

Objection 6. Further, the husband is placed as the head of the woman in order to correct her. Therefore his sin is greater than the woman's and so he should be punished the more.

I answer that, In a case of divorce husband and wife are judged on a par with each other, in the sense that the same things are lawful or unlawful to the one as to the other: but they are not judged on a par with each other in reference to those things, since the reason for divorce is greater in one spouse than in the other, although there is sufficient reason for divorce in both. For divorce is a punishment of adultery, in so far as it is opposed to the marriage goods. Now as regards the good of fidelity to which husband and wife are equally bound towards each other, the adultery of one is as great a sin against marriage as the adultery of the other, and this is in either of them a sufficient reason for divorce. But as regards the good of the offspring the wife's adultery is a greater sin against marriage than the husband's wherefore it is a greater reason for divorce in the wife than in the husband: and thus they are under an equal obligation, but not for equal reasons. Nor is this unjust for on either hand there is sufficient reason for the punishment in question, just as there is in two persons condemned to the punishment of death, although one of them may have sinned more grievously than the other.

Reply to Objection 1. The only reason why divorce was permitted, was to avoid murder. And since there was more danger of this in men than in women, the husband was allowed to put away his wife by a bill of divorce, but not "vice versa."

Reply to Objections 2 and 3. These arguments are based on the fact that in comparison with the good of the offspring there is more reason for divorce in an adulterous wife than in an adulterous husband. It does not follow, however, that they are not judged on a par with each other.

Reply to Objection 4. Although the husband is the head of the wife, he is her pilot as it were, and is no more her judge than she is his. Consequently in matters that have to be submitted to a judge, the husband has no more power over his wife, than she over him.

Reply to Objection 5. In adultery there is the same sinful character as in simple fornication, and something more which aggravates it, namely the lesion to marriage. Accordingly if we consider that which is common to adultery and fornication, the sin of the husband and that of the wife are compared the one to the other as that which exceeds to that which is exceeded, for in women the humors are more abundant, wherefore they are more inclined to be led by their concupiscences, whereas in man there is abundance of heat which excites concupiscence. Simply speaking, however, other things being equal, a man sins more grievously in simple fornication than a woman, because he has more of the good of reason, which prevails over all movements of bodily passions. But as regards the lesion to marriage which adultery adds to fornication and for which reason it is an occasion for divorce, the woman sins more grievously than the man, as appears from what we have said above. And since it is more grievous than simple fornication, it follows that, simply speaking, the adulterous wife sins more grievously than the adulterous husband, other things being equal.

Reply to Objection 6. Although the control which the husband receives over his wife is an aggravating circumstance, nevertheless the sin is yet more aggravated by this circumstance which draws the sin to another species, namely by the lesion to marriage, which lesion becomes a kind of injustice, through the fraudulent substitution of another's child.


Whether a husband can marry again after having a divorce?

Objection 1. It would seem that a husband can marry again after having a divorce. For no one is bound to perpetual continence. Now in some cases the husband is bound to put away his wife forever on account of fornication, as stated above (Article 2). Therefore seemingly at least in this case he can marry again.

Objection 2. Further, a sinner should not be given a greater occasion of sin. But if she who is put away on account of the sin of fornication is not allowed to seek another marriage, she is given a greater occasion of sin: for it is improbable that one who was not continent during marriage will be able to be continent afterwards. Therefore it would seem lawful for her to marry again.

Objection 3. Further, the wife is not bound to the husband save as regards the payment of the marriage debt and cohabitation. But she is freed from both obligations by divorce. Therefore "she is loosed from the law of her husband" [Romans 7:2]. Therefore she can marry again; and the same applies to her husband.

Objection 4. Further, it is said (Matthew 19:9): "Whosoever shall put away his wife, except it be for fornication, and shall marry another committeth adultery." Therefore seemingly he does not commit adultery if he marry again after putting away his wife on account of fornication, and consequently this will be a true marriage.

On the contrary, It is written (1 Corinthians 7:10-11): "Not I, but the Lord, commandeth that the wife depart not from her husband. and, if she depart, that she remain unmarried."

Further, no one should gain advantage from sin. But the adulteress would if she were allowed to contract another and more desired marriage; and an occasion of adultery would be afforded those who wish to marry again. Therefore it is unlawful both to the wife and to the husband to contract a second marriage.

I answer that, Nothing supervenient to marriage can dissolve it: wherefore adultery does not make a marriage cease to be valid. For, according to Augustine (De Nup. et Concup. i, 10), "as long as they live they are bound by the marriage tie, which neither divorce nor union with another can destroy." Therefore it is unlawful for one, while the other lives, to marry again.

Reply to Objection 1. Although no one is absolutely bound to continence, he may be bound accidentally; for instance, if his wife contract an incurable disease that is incompatible with carnal intercourse. And it is the same if she labor under a spiritual disease, namely fornication, so as to be incorrigible.

Reply to Objection 2. The very shame of having been divorced ought to keep her from sin: and if it cannot keep her from sin, it is a lesser evil that she alone sin than that her husband take part in her sin.

Reply to Objection 3. Although after divorce the wife is not bound to her husband as regards paying him the marriage debt and cohabiting with him, the marriage tie, whereby she was bound to this, remains, and consequently she cannot marry again during her husband's lifetime. She can, however, take a vow of continence, against her husband's will, unless it seem that the Church has been deceived by false witnesses in pronouncing the divorce; for in that case, even if she has made her vow of profession she ought to be restored to her husband, and would be bound to pay the marriage debt, but it would be unlawful for her to demand it.

Reply to Objection 4. The exception expressed in our Lord's words refers to the putting away of the wife. Hence the objection is based on a false interpretation.