Whether husband and wife may be reconciled after being divorced?

Objection 1. It would seem that husband and wife may not be reconciled after being divorced. For the law contains the rule (Can. Quod bene semel, Caus. vi, qu. iv): "That which has been once well decided must not be subsequently withdrawn." Now it has been decided by the judgment of the Church that they ought to be separated. Therefore they cannot subsequently be reconciled.

Objection 2. Further, if it were allowable for them to be reconciled, the husband would seem bound to receive his wife, especially after she has repented. But he is not bound, for the wife, in defending herself before the judge, cannot allege her repentance against her husband's accusation of fornication. Therefore in no way is reconciliation allowable.

Objection 3. Further, if reconciliation were allowable, it would seem that the adulterous wife is bound to return to her husband if her husband asks her. But she is not bound, since they are separated by the Church. Therefore, etc.

Objection 4. Further, if it were lawful to be reconciled to an adulterous wife, this would especially be the case when the husband is found to have committed adultery after the divorce. But in this case the wife cannot compel him to be reconciled, since the divorce has been justly pronounced. Therefore she may nowise be reconciled.

Objection 5. Further, if a husband whose adultery is unknown put away his wife, who is convicted of adultery by the sentence of the Church, the divorce would seem to have been pronounced unjustly. And yet the husband is not bound to be reconciled to his wife, because she is unable to prove his adultery in court. Much less, therefore, is reconciliation allowable when the divorce has been granted justly.

On the contrary, It is written (1 Corinthians 7:11): "And if she depart, that she remain unmarried, or be reconciled to her husband."

Further, it is allowable for the husband not to put her away after fornication. Therefore, for the same reason, he can be reconciled to her after divorce.

I answer that, If the wife has mended her ways by repenting of her sin after the divorce, her husband may become reconciled to her; but if she remain incorrigible in her sin, he must not take her back, for the same reason which forbade him to retain her while she refused to desist from sin.

Reply to Objection 1. The sentence of the Church in pronouncing the divorce did not bind them to separate, but allowed them to do so. Therefore reconciliation may be effected or ensue without any withdrawal of the previous sentence.

Reply to Objection 2. The wife's repentance should induce the husband not to accuse or put away the wife who is guilty of fornication. He cannot, however, be compelled to this course of action, nor can his wife oppose her repentance to his accusation, because although she is no longer guilty, neither in act nor in the stain of sin, there still remains something of the debt of punishment, and though this has been taken away in the sight of God, there still remains the debt of punishment to be inflicted by the judgment of man, because man sees not the heart as God does.

Reply to Objection 3. That which is done in a person's favor does him no prejudice. Wherefore since the divorce has been granted in favor of the husband, it does not deprive him of the right of asking for the marriage debt, or of asking his wife to return to him. Hence his wife is bound to pay the debt, and to return to him, if he ask her, unless with his consent she has taken a vow of continence.

Reply to Objection 4. According to strict law, a husband who was previously innocent should not be compelled to receive an adulterous wife on account of his having committed adultery after the divorce. But according to equity, the judge is bound by virtue of his office first of all to admonish him to beware of imperiling his own soul and of scandalizing others; although the wife may not herself seek reconciliation.

Reply to Objection 5. If the husband's adultery is secret, this does not deprive his adulterous wife of the right to allege it in self-defense, although she cannot prove it. Wherefore the husband sins by seeking a divorce, and if, after the sentence of divorce, his wife asks for the marriage debt or for a reconciliation, the husband is bound to both.

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 second marriage is lawful?

Objection 1. It would seem that a second marriage is unlawful. Because we should judge of things according to truth. Now Chrysostom [Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] says that "to take a second husband is in truth fornication," which is unlawful. Therefore neither is a second marriage lawful.

Objection 2. Further, whatever is not good is unlawful. Now Ambrose [On 1 Corinthians 7:40 and De Viduis] says that a second marriage is not good. Therefore it is unlawful.

Objection 3. Further, no one should be debarred from being present at such things as are becoming and lawful. Yet priests are debarred from being present at second marriages, as stated in the text (Sent. iv, D, 42). Therefore they are unlawful.

Objection 4. Further, no one incurs a penalty save for sin. Now a person incurs the penalty of irregularity on account of being married twice. Therefore a second marriage is unlawful.

On the contrary, We read of Abraham having contracted a second marriage (Genesis 25:1).

Further, the Apostle says (1 Timothy 5:14): "I will . . . that the younger," namely widows, "should marry, bear children." Therefore second marriages are lawful.

I answer that, The marriage tie lasts only until death (Romans 7:2), wherefore at the death of either spouse the marriage tie ceases: and consequently when one dies the other is not hindered from marrying a second time on account of the previous marriage. Therefore not only second marriages are lawful, but even third and so on.

Reply to Objection 1. Chrysostom is speaking in reference to the cause which is wont at times to incite a person to a second marriage, namely concupiscence which incites also to fornication.

Reply to Objection 2. A second marriage is stated not to be good, not that it is unlawful, but because it lacks the honor of the signification which is in a first marriage, where one husband has one wife, as in the case of Christ and the Church.

Reply to Objection 3. Men who are consecrated to Divine things are debarred not only from unlawful things, but even from things which have any appearance of turpitude; and consequently they are debarred from second marriages, which lack the decorum which was in a first marriage.

Reply to Objection 4. Irregularity is not always incurred on account of a sin, and may be incurred through a defect in a sacrament ["Defectus sacramenti," i.e. defect of signification; Cf. 2, Objection 3]. Hence the argument is not to the point.


Whether a second marriage is a sacrament?

Objection 1. It would seem that a second marriage is not a sacrament. For he who repeats a sacrament injures the sacrament. But no sacrament should be done an injury. Therefore if a second marriage were a sacrament, marriage ought nowise to be repeated.

Objection 2. Further, in every sacrament some kind of blessing is given. But no blessing is given in a second marriage, as stated in the text (Sent. iv, D, 42). Therefore no sacrament is conferred therein.

Objection 3. Further, signification is essential to a sacrament. But the signification of marriage is not preserved in a second marriage, because there is not a union of only one woman with only one man, as in the case of Christ and the Church. Therefore it is not a sacrament.

Objection 4. Further, one sacrament is not an impediment to receiving another. But a second marriage is an impediment to receiving orders. Therefore it is not a sacrament.

On the contrary, Marital intercourse is excused from sin in a second marriage even as in a first marriage. Now marital intercourse is excused [Cf. 69, 1 by the marriage goods which are fidelity, offspring, and sacrament. Therefore a second marriage is a sacrament.

Further, irregularity is not contracted through a second and non-sacramental union, such as fornication. Yet irregularity is contracted through a second marriage. Therefore it is a sacramental union.

I answer that, Wherever we find the essentials of a sacrament, there is a true sacrament. Wherefore, since in a second marriage we find all the essentials of the sacrament of marriage (namely the due matter—which results from the parties having the conditions prescribed by law—and the due form, which is the expression of the inward consent by words of the present), it is clear that a second marriage is a sacrament even as a first.

Reply to Objection 1. This is true of a sacrament which causes an everlasting effect: for then, if the sacrament be repeated, it is implied that the first was not effective, and thus an injury is done to the first, as is clear in all those sacraments which imprint a character. But those sacraments which have not an everlasting effect can be repeated without injury to the sacrament, as in the case of Penance. And, since the marriage tie ceases with death, no injury is done to the sacrament if a woman marry again after her husband's death.

Reply to Objection 2. Although the second marriage, considered in itself, is a perfect sacrament, yet if we consider it in relation to the first marriage, it is somewhat a defective sacrament, because it has not its full signification, since there is not a union of only one woman with only one man as in the marriage of Christ with the Church. And on account of this defect the blessing is omitted in a second marriage. This, however, refers to the case when it is a second marriage on the part of both man and woman, or on the part of the woman only. For if a virgin marry a man who has had another wife, the marriage is blessed nevertheless. Because the signification is preserved to a certain extent even in relation to the former marriage, since though Christ has but one Church for His spouse, there are many persons espoused to Him in the one Church. But the soul cannot be espoused to another besides Christ, else it commits fornication with the devil. Nor is there a spiritual marriage. For this reason when a woman marries a second time the marriage is not blessed on account of the defect in the sacrament.

Reply to Objection 3. The perfect signification is found in a second marriage considered in itself, not however if it be considered in relation to the previous marriage, and it is thus that it is a defective sacrament.

Reply to Objection 4. A second marriage in so far as there is a defect in the sacrament, but not as a sacrament, is an impediment to the sacrament of Order.

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 husband and wife are mutually bound to the payment of the marriage debt?

Objection 1. It would seem that husband and wife are not mutually bound, under the obligation of a precept, to the payment of the marriage debt. For no one is forbidden to receive the Eucharist on account of fulfilling a precept. Yet he who has had intercourse with his wife cannot partake of the flesh of the Lamb according to Jerome [Serm. de Esu Agni viii] quoted in the text (Sent. iv, D, 32). Therefore the payment of the debt does not come under the obligation of a precept.

Objection 2. Further, it is lawful to everyone to abstain from what is hurtful to his person. But it is sometimes harmful to a person to pay the debt when asked, whether on account of sickness, or because they have already paid it. Therefore it would seem allowable to refuse the one who asks.

Objection 3. Further, it is a sin to render oneself unfit to fulfill an obligation of precept. If, therefore, the payment of the debt comes under the obligation of a precept, it would seem sinful to render oneself unfit for paying the debt, by fasting or otherwise weakening the body: but apparently this is untrue.

Objection 4. Further, according to the Philosopher (Ethic. viii, 12), marriage is directed to the begetting and rearing of children, as well as to the community of life. Now leprosy is opposed to both these ends of marriage, for since it is a contagious disease, the wife is not bound to cohabit with a leprous husband; and besides this disease is often transmitted to the offspring. Therefore it would seem that a wife is not bound to pay the debt to a leprous husband.

On the contrary, As the slave is in the power of his master, so is one spouse in the power of the other (1 Corinthians 7:4). But a slave is bound by an obligation of precept to pay his master the debt of his service according to Romans 13:7, "Render . . . to all men their dues, tribute to whom tribute is due," etc. Therefore husband and wife are mutually bound to the payment of the marriage debt.

Further, marriage is directed to the avoiding of fornication (1 Corinthians 7:2). But this could not be the effect of marriage, if the one were not bound to pay the debt to the other when the latter is troubled with concupiscence. Therefore the payment of the debt is an obligation of precept.

I answer that, Marriage was instituted especially as fulfilling an office of nature. Wherefore in its act the movement of nature must be observed according to which the nutritive power administers to the generative power that alone which is in excess of what is required for the preservation of the individual: for the natural order requires that a thing should be first perfected in itself, and that afterwards it should communicate of its perfection to others: and this is also the order of charity which perfects nature. And therefore, since the wife has power over her husband only in relation to the generative power and not in relation to things directed to the preservation of the individual, the husband is bound to pay the debt to his wife, in matters pertaining to the begetting of children, with due regard however to his own welfare.

Reply to Objection 1. It is possible through fulfilling a precept to render oneself unfit for the exercise of a sacred duty: thus a judge becomes irregular by sentencing a man to death. In like manner he who pays the marriage debt, in fulfillment of the precept, becomes unfit for the exercise of divine offices, not because the act in question is sinful, but on account of its carnal nature. And so, according to the Master (Sent. iv, D, 32), Jerome is speaking only of the ministers of the Church, and not of others who should be left to use their own discretion, because without sin they may either abstain out of reverence or receive Christ's body out of devotion.

Reply to Objection 2. The wife has no power over her husband's body, except as is consistent with the welfare of his person, as stated above. Wherefore if she go beyond this in her demands, it is not a request for the debt, but an unjust exaction; and for this reason the husband is not bound to satisfy her.

Reply to Objection 3. If the husband be rendered incapable of paying the debt through a cause consequent upon marriage, for instance through having already paid the debt and being unable to pay it, the wife has no right to ask again, and in doing so she behaves as a harlot rather than as a wife. But if he be rendered incapable through some other cause, then if this be a lawful cause, he is not bound, and she cannot ask, but if it be an unlawful cause, then he sins, and his wife's sin, should she fall into fornication on this account, is somewhat imputable to him. Hence he should endeavor to do his best that his wife may remain continent.

Reply to Objection 4. Leprosy voids a betrothal but not a marriage. Wherefore a wife is bound to pay the debt even to a leprous husband. But she is not bound to cohabit with him, because she is not so liable to infection from marital intercourse as from continual cohabitation. And though the child begotten of them be diseased, it is better to be thus than not at all.


Whether a husband is bound to pay the debt if his wife does not ask for it?

Objection 1. It would seem that the husband is not bound to pay the marriage debt if his wife does not ask for it. For an affirmative precept is binding only at a certain time. But the time fixed for the payment of the debt can only be when it is asked for. Therefore he is not bound to payment otherwise.

Objection 2. Further, we ought to presume the better things of everyone. Now even for married people it is better to be continent than to make use of marriage. Therefore unless she ask expressly for the debt, the husband should presume that it pleases her to be continent, and so he is not bound to pay her the debt.

Objection 3. Further, as the wife has power over her husband, so has a master over his slave. Now a slave is not bound to serve his master save when the latter commands him. Therefore neither is a husband bound to pay the debt to his wife except when she demands it.

Objection 4. Further, the husband can sometimes request his wife not to exact the debt when she asks for it. Much more therefore may he not pay it when he is not asked.

On the contrary, By the payment of the debt a remedy is afforded against the wife's concupiscence. Now a physician who has the care of a sick person is bound to remedy the disease without being asked. Therefore the husband is bound to pay the debt to his wife although she ask not for it. Further, a superior is bound to apply a remedy for the sins of his subjects even though they rebel against it. But the payment of the debt on the husband's part is directed against the sins of his wife. Therefore sometimes the husband is bound to pay the debt to his wife even though she ask it not of him.

I answer that, The debt may be demanded in two ways. First, explicitly, as when they ask one another by words; secondly, implicitly, when namely the husband knows by certain signs that the wife would wish him to pay the debt, but is silent through shame. And so even though she does not ask for the debt explicitly in words, the husband is bound to pay it, whenever his wife shows signs of wishing him to do so.

Reply to Objection 1. The appointed time is not only when it is demanded but also when on account of certain signs there is fear of danger (to avoid which is the purpose of the payment of the debt) unless it be paid then.

Reply to Objection 2. The husband may presume this of his wife when he perceives in her no signs of the contrary; but it would be foolish of him to admit this presumption if he does see such signs.

Reply to Objection 3. The master is not ashamed to demand of his slave the duty of his service, as a wife is to ask the marriage debt of her husband. Yet if the master were not to demand it, either through ignorance or some other cause, the slave would nevertheless be bound to fulfill his duty, if some danger were threatening. For this is what is meant by "not serving to the eye" (Ephesians 6:6; Colossians 3:22) which is the Apostle's command to servants.

Reply to Objection 4. A husband should not dissuade his wife from asking for the debt, except for a reasonable cause; and even then he should not be too insistent, on account of the besetting danger.


Whether it is allowable for a menstruous wife to ask for the marriage debt?

[This and the Fourth Article are omitted in the Leonine edition.]

Objection 1. It would seem lawful for a menstruous wife to ask for the marriage debt. For in the Law a man who had an issue of seed was unclean, even as a menstruous woman. Yet a man who has an issue of seed may ask for the debt. Therefore a menstruous wife may also.

Objection 2. Further, leprosy is a worse complaint than suffering from monthly periods, and would seem to cause a greater corruption in the offspring. Yet a leper can ask for the debt. Therefore, etc.

Objection 3. Further, if a menstruous wife is not allowed to ask for the debt, this can only be because it is feared this may be detrimental to the offspring. Yet if the wife be unfruitful there is no such fear. Therefore, seemingly, at least an unfruitful wife may ask for the debt during her menses.

On the contrary, "Thou shalt not approach to a woman having her flowers" (Leviticus 18:19) where Augustine observes: "Although he has already sufficiently forbidden this he repeats the prohibition here lest he seem to have spoken figuratively."

Further, "All our justices" are become "as the rag of a menstruous woman" (Isaiah 64:6) where Jerome observes: "Men ought then to keep away from their wives because thus is a deformed blind lame leprous offspring conceived: so that those parents who are not ashamed to come together in sexual intercourse have their sin made obvious to all": and thus the same conclusion follows.

I answer that, It was forbidden in the Law to approach to a menstruous woman, for two reasons both on account of her uncleanness, and on account of the harm that frequently resulted to the offspring from such intercourse. With regard to the first reason, it was a ceremonial precept, but with regard to the second it was a moral precept. For since marriage is chiefly directed to the good of the offspring, all use of marriage which is intended for the good of the offspring is in order. Consequently this precept is binding even in the New Law on account of the second reason, although not on account of the first. Now, the menstrual issue may be natural or unnatural. The natural issue is that to which women are subject at stated periods when they are in good health; and it is unnatural when they suffer from an issue of blood through some disorder resulting from sickness. Accordingly if the menstrual flow be unnatural it is not forbidden in the New Law to approach to a menstruous woman both on account of her infirmity since a woman in that state cannot conceive, and because an issue of this kind is lasting and continuous, so that the husband would have to abstain for always. When however the woman is subject to a natural issue of the menstruum, she can conceive; moreover, the said issue lasts only a short time, wherefore it is forbidden to approach to her. In like manner a woman is forbidden to ask for the debt during the period of that issue.

Reply to Objection 1. The issue of seed in a man is the result of infirmity, nor is the seed in this case apt for generation. Moreover a complaint of this kind is continual or lasting like leprosy: wherefore the comparison falls.

This suffices for the Reply to the Second Objection.

Reply to Objection 3. As long as a woman is subject to the menses it cannot be certain that she is sterile. For some are sterile in youth, and in course of time become fruitful, and "vice versa," as the Philosopher observes (De Gener. Anim. xvi).


Whether a menstruous woman should or may lawfully pay the marriage debt to her husband if he ask for it?

[This and the previous article are omitted in the Leonine edition.]

Objection 1. It would seem that a menstruous wife may not pay the marriage debt to her husband at his asking. For it is written (Leviticus 20:18) that if any man approach to a menstruous woman both shall be put to death. Therefore it would seem that both he who asks and she who grants are guilty of mortal sin.

Objection 2. Further, "Not only they that do them but they also that consent to them are worthy of death" (Romans 1:32). Now he who knowingly asks for the debt from a menstruous woman sins mortally. Therefore she also sins mortally by consenting to pay the debt.

Objection 3. Further, a madman must not be given back his sword lest he kill himself or another. Therefore in like manner neither should a wife give her body to her husband during her menses, lest he be guilty of spiritual murder.

On the contrary, "The wife hath not power of her own body, but the husband" (1 Corinthians 7:4). Therefore at his asking his wife must pay the debt even during her menses.

Further, the menstruous wife should not be an occasion of sin to her husband. But she would give her husband an occasion of sin, if she paid him not the debt at his asking; since he might commit fornication. Therefore, etc.

I answer that, In this regard some have asserted that a menstruous woman may not pay the debt even as she may not ask for it. For just as she would not be bound to pay it if she had some personal ailment so as to make it dangerous for herself, so is she not bound to pay for fear of danger to the offspring. But this opinion would seem to derogate from marriage, by which the husband is given entire power of his wife's body with regard to the marriage act. Nor is there any parallel between bodily affliction of the offspring and the danger to her own body: since, if the wife be ailing, it is quite certain that she would be endangered by the carnal act, whereas this is by no means so certain with regard to the offspring which perhaps would not be forthcoming.

Wherefore others say that a menstruous woman is never allowed to ask for the debt; and that if her husband ask, he does so either knowingly or in ignorance. If knowingly, she ought to dissuade him by her prayers and admonitions; yet not so insistently as possibly to afford him an occasion of falling into other, and those sinful, practices, if he be deemed that way inclined. If however, he ask in ignorance, the wife may put forward some motive, or allege sickness as a reason for not paying the debt, unless there be fear of danger to her husband. If, however, the husband ultimately persists in his request, she must yield to his demand. But it would not be safe for her to make known ["Indicare," as in the commentary on the Sentences; the Leonine edition reads "judicare."] her disaffection, lest this make her husband entertain a repulsion towards her, unless his prudence may be taken for granted.

Reply to Objection 1. This refers to the case when both willingly consent, but not when the woman pays the debt by force as it were.

Reply to Objection 2. Since there is no consent without the concurrence of the will, the woman is not deemed to consent in her husband's sin unless she pay the debt willingly. For when she is unwilling she is passive rather than consenting.

Reply to Objection 3. A madman should be given back his sword if a greater danger were feared from its not being returned to him: and thus it is in the case in point.


Whether husband and wife are equal in the marriage act?

Objection 1. It would seem that husband and wife are not equal in the marriage act. For according to Augustine (Gen. ad lit. xii) the agent is more noble than the patient. But in the marriage act the husband is as agent and the wife as patient. Therefore they are not equal in that act.

Objection 2. Further, the wife is not bound to pay her husband the debt without being asked; whereas he is so bound, as stated above (Articles 1 and 2). Therefore they are not equal in the marriage act.

Objection 3. Further, the woman was made on the man's account in reference to marriage according to Genesis 2:18, "Let us make him a help like unto himself." But that on account of which another thing is, is always the principal. Therefore, etc.

Objection 4. Further, marriage is chiefly directed to the marriage act. But in marriage "the husband is the head of the wife" (Ephesians 5:23). Therefore they are not equal in the aforesaid act.

On the contrary, It is written (1 Corinthians 7:4): "The husband . . . hath not power of his own body," and the same is said of the wife. Therefore they are equal in the marriage act.

Further, Marriage is a relation of equiparence, since it is a kind of union, as stated above (Supplement:44:3). Therefore husband and wife are equal in the marriage act.

I answer that, Equality is twofold, of quantity and of proportion. Equality of quantity is that which is observed between two quantities of the same measure, for instance a thing two cubits long and another two cubits in length. But equality of proportion is that which is observed between two proportions of the same kind as double to double. Accordingly, speaking of the first equality, husband and wife are not equal in marriage; neither as regards the marriage act, wherein the more noble part is due to the husband, nor as regards the household management, wherein the wife is ruled and the husband rules. But with reference to the second kind of equality, they are equal in both matters, because just as in both the marriage act and in the management of the household the husband is bound to the wife in all things pertaining to the husband, so is the wife bound to the husband in all things pertaining to the wife. It is in this sense that it is stated in the text (Sent. iv, D, 32) that they are equal in paying and demanding the debt.

Reply to Objection 1. Although it is more noble to be active than passive, there is the same proportion between patient and passivity as between agent and activity; and accordingly there is equality of proportion between them.

Reply to Objection 2. This is accidental. For the husband having the more noble part in the marriage act, it is natural that he should be less ashamed than the wife to ask for the debt. Hence it is that the wife is not bound to pay the debt to her husband without being asked, whereas the husband is bound to pay it to the wife.

Reply to Objection 3. This proves that they are not equal absolutely, but not that they are not equal in proportion.

Reply to Objection 4. Although the head is the principal member, yet just as the members are bound to the head in their own respective capacities, so is the head in its own capacity bound to the members: and thus there is equality of proportion between them.


Whether husband and wife can take a vow contrary to the marriage debt without their mutual consent?

Objection 1. It would seem that husband and wife may take a vow contrary to the marriage debt without their mutual consent. For husband and wife are equally bound to pay the debt, as stated above (Article 5). Now it is lawful for the husband, even if his wife be unwilling, to take the cross in defense of the Holy Land: and consequently this is also lawful to the wife. Therefore, since this prevents the payment of the debt, either husband or wife may without the other's consent take the aforesaid vow.

Objection 2. Further, in taking a vow one should not await the consent of another who cannot dissent without sin. Now the husband or wife cannot, without sin, refuse their consent to the other's taking a vow of continence whether absolutely or for a time; because to prevent a person's spiritual progress is a sin against the Holy Ghost. Therefore the one can take a vow of continence either absolutely or for a time, without the other's consent.

Objection 3. Further, in the marriage act, the debt has to be demanded just as it has to be paid. Now the one can, without the other's consent, vow not to demand the debt, since in this he is within his own rights. Therefore he can equally take a vow not to pay the debt.

Objection 4. Further, no one can be bound by the command of a superior to do what he cannot lawfully vow or do simply, since one must not obey in what is unlawful. Now the superior authority might command the husband not to pay the debt to his wife for a time, by occupying him in some service. Therefore he might, of his own accord, do or vow that which would hinder him from paying the debt.

On the contrary, It is written (1 Corinthians 7:5): "Defraud not one another, except . . . by consent, for a time, that you may give yourselves to prayer."

Further, no one can vow that which belongs to another. Now "the husband . . . hath not power of his own body, but the wife" (1 Corinthians 7:4). Therefore, without her consent, the husband cannot take a vow of continence whether absolutely or for a time.

I answer that, A vow is a voluntary act, as its very name implies: and consequently a vow can only be about those goods which are subject to our will, and those in which one person is bound to another do not come under this head. Therefore in matters of this kind one person cannot take a vow without the consent of the one to whom he is bound. Consequently, since husband and wife are mutually bound as regards the payment of the debt which is an obstacle to continence, the one cannot vow continence without the other's consent; and if he take the vow he sins, and must not keep the vow, but must do penance for an ill-taken vow [Cf. Supplement:53:4; Supplement:61:1].

Reply to Objection 1. It is sufficiently probable that the wife ought to be willing to remain continent for a time, in order to succor the need of the universal Church. Hence in favor of the business for which the cross is given to him, it is laid down that the husband may take the cross without his wife's consent, even as he might go fighting without the consent of his landlord whose land he has leased. And yet the wife is not entirely deprived of her right, since she can follow him. Nor is there a parallel between wife and husband: because, since the husband has to rule the wife and not "vice versa," the wife is bound to follow her husband rather than the husband the wife. Moreover there would be more danger to the wife's chastity as a result of wandering from country to country, than to the husband's, and less profit to the Church. Wherefore the wife cannot take this vow without her husband's consent.

Reply to Objection 2. The one spouse, by refusing to consent to the other's vow of continence, does not sin, because the object of his dissent is to hinder not the other's good, but the harm to himself.

Reply to Objection 3. There are two opinions on this point. For some say that one can without the other's consent vow not to demand the debt, not however not to pay it, because in the former case they are both within their own rights, but not in the second. Seeing, however, that if one were never to ask for the debt, marriage would become too burdensome to the other who would always have to undergo the shame of asking for the debt, others assert with greater probability that neither vow can be lawfully taken by one spouse without the other's consent.

Reply to Objection 4. Just as the wife receives power over her husband's body, without prejudice to the husband's duty to his own body, so also is it without prejudice to his duty to his master. Hence just as a wife cannot ask her husband for the debt to the detriment of his bodily health, so neither can she do this so as to hinder him in his duty to his master. And yet the master cannot for this reason prevent her from paying the debt.


Whether it is forbidden to demand the debt on holy days?

Objection 1. It would seem that a person ought not to be forbidden to ask for the debt on holy days. For the remedy should be applied when the disease gains strength. Now concupiscence may possibly gain strength on a feast day. Therefore the remedy should be applied then by asking for the debt.

Objection 2. Further, the only reason why the debt should not be demanded on feast days is because they are devoted to prayer. Yet on those days certain hours are appointed for prayer. Therefore one may ask for the debt at some other time.

On the contrary, Just as certain places are holy because they are devoted to holy things, so are certain times holy for the same reason. But it is not lawful to demand the debt in a holy place. Therefore neither is it lawful at a holy time.

I answer that, Although the marriage act is void of sin, nevertheless since it oppresses the reason on account of the carnal pleasure, it renders man unfit for spiritual things. Therefore, on those days when one ought especially to give one's time to spiritual things, it is not lawful to ask for the debt.

Reply to Objection 1. At such a time other means may be employed for the repression of concupiscence; for instance, prayer and many similar things, to which even those who observe perpetual continence have recourse.

Reply to Objection 2. Although one is not bound to pray at all hours, one is bound throughout the day to keep oneself fit for prayer.


Whether it is a mortal sin to ask for the debt at a holy time?

Objection 1. It would seem that it is a mortal sin to ask for the debt at a holy time. For Gregory says (Dial. i) that the devil took possession of a woman who had intercourse with her husband at night and came in the morning to the procession. But this would not have happened had she not sinned mortally. Therefore, etc.

Objection 2. Further, whoever disobeys a Divine command commits a mortal sin. Now the Lord commanded (Exodus 19:15): "Come not near your wives," when namely they were about to receive the Law. Much more therefore do husbands sin mortally if they have intercourse with their wives at a time when they should be intent on the sacred observances of the New Law.

On the contrary, No circumstance aggravates infinitely. But undue time is a circumstance. Therefore it does not aggravate a sin infinitely, so as to make mortal what was otherwise venial.

I answer that, To ask for the debt on a feast day is not a circumstance drawing a sin into another species; wherefore it cannot aggravate infinitely. Consequently a wife or husband does not sin mortally by asking for the debt on a feast day. It is however a more grievous sin to ask for the sake of mere pleasure, than through fear of the weakness of the flesh.

Reply to Objection 1. This woman was punished not because she paid the debt, but because afterwards she rashly intruded into the divine service against her conscience.

Reply to Objection 2. The authority quoted shows not that it is a mortal sin but that it is unbecoming. For under the Old Law which was given to a carnal people many things were required under an obligation of precept, for the sake of bodily cleanness, which are not required in the New Law which is the law of the spirit.


Whether one spouse is bound to pay the debt to the other at a festal time?

Objection 1. It would seem that neither are they bound to pay the debt at a festal time. For those who commit a sin as well as those who consent thereto are equally punished (Romans 1:32). But the one who pays the debt consents with the one that asks, who sins. Therefore he sins also.

Objection 2. Further, it is an affirmative precept that binds us to pray, and therefore we are bound to do so at a fixed time. Therefore one ought not to pay the debt at a time when one is bound to pray, as neither ought one at a time when one is bound to fulfill a special duty towards a temporal master.

On the contrary, It is written (1 Corinthians 7:5): "Defraud not one another, except by consent, for a time," etc. Therefore when one spouse asks the other must pay.

I answer that, Since the wife has power of her husband's body, and "vice versa," with regard to the act of procreation, the one is bound to pay the debt to the other, at any season or hour, with due regard to the decorum required in such matters, for this must not be done at once openly.

Reply to Objection 1. As far as he is concerned he does not consent, but grants unwillingly and with grief that which is exacted of him; and consequently he does not sin. For it is ordained by God, on account of the weakness of the flesh, that the debt must always be paid to the one who asks lest he be afforded an occasion of sin.

Reply to Objection 2. No hour is fixed for praying, but that compensation can be made at some other hour; wherefore the argument is not cogent.


Whether weddings should be forbidden at certain times? [This article is omitted in the Leonine edition.]

Objection 1. It would seem that weddings ought not to be forbidden at certain times. For marriage is a sacrament: and the celebration of the others sacraments is not forbidden at those times. Therefore neither should the celebration of marriage be forbidden then.

Objection 2. Further, asking for the marriage debt is more unbecoming on feast days than the celebration of marriage. Yet the debt may be asked for on those days. Therefore also marriages may be solemnized.

Objection 3. Further, marriages that are contracted in despite of the law of the Church ought to be dissolved. Yet marriages are not dissolved if they be contracted at those times. Therefore it should not be forbidden by a commandment of the Church.

On the contrary, It is written (Ecclesiastes 3:5): "A time to embrace, and a time to be far from embraces."

I answer that, When the newly married spouse is given to her husband, the minds of husband and wife are taken up with carnal preoccupations by reason of the very newness of things, wherefore weddings are wont to be signalized by much unrestrained rejoicing. On this account it is forbidden to celebrate marriages at those times when men ought especially to arise to spiritual things. Those times are from Advent until the Epiphany because of the Communion which, according to the ancient Canons, is wont to be made at Christmas (as was observed in its proper place, III, 30), from Septuagesima until the octave day of Easter, on account of the Easter Communion, and from the three days before the Ascension until the octave day of Pentecost, on account of the preparation for Communion to be received at that time.

Reply to Objection 1. The celebration of marriage has a certain worldly and carnal rejoicing connected with it, which does not apply to the other sacraments. Hence the comparison fails.

Reply to Objection 2. There is not such a distraction of minds caused by the payment of a request for the debt as by the celebration of a marriage; and consequently the comparison fails.

Reply to Objection 3. Since time is not essential to a marriage contracted within the forbidden seasons, the marriage is nevertheless a true sacrament. Nor is the marriage dissolved absolutely, but for a time, that they may do penance for having disobeyed the commandment of the Church. It is thus that we are to understand the statement of the Master (Sent. iv, D, 33), namely that should a marriage have been contracted or a wedding celebrated at the aforesaid times, those who have done so "ought to be separated." Nor does he say this on his own authority, but in reference to some canonical ordinance, such as that of the Council of Lerida, which decision is quoted by the Decretals.

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 against the natural law to have several wives?

Objection 1. It would seem that it is not against the natural law to have several wives. For custom does not prejudice the law of nature. But "it was not a sin" to have several wives "when this was the custom," according to Augustine (De Bono Conjug. xv) as quoted in the text (Sent. iv, D, 33). Therefore it is not contrary to the natural law to have several wives.

Objection 2. Further, whoever acts in opposition to the natural law, disobeys a commandment, for the law of nature has its commandments even as the written law has. Now Augustine says (De Bono Conjug. xv; De Civ. Dei xv, 38) that "it was not contrary to a commandment" to have several wives, "because by no law was it forbidden." Therefore it is not against the natural law to have several wives.

Objection 3. Further, marriage is chiefly directed to the begetting of offspring. But one man may get children of several women, by causing them to be pregnant. Therefore It is not against the natural law to have several wives.

Objection 4. Further, "Natural right is that which nature has taught all animals," as stated at the beginning of the Digests (1, i, ff. De just. et jure). Now nature has not taught all animals that one male should be united to but one female, since with many animals the one male is united to several females. Therefore it is not against the natural law to have several wives.

Objection 5. Further, according to the Philosopher (De Gener. Animal. i, 20), in the begetting of offspring the male is to the female as agent to patient, and as the craftsman is to his material. But it is not against the order of nature for one agent to act on several patients, or for one craftsman to work in several materials. Therefore neither is it contrary to the law of nature for one husband to have many wives.

Objection 6. On the contrary, That which was instilled into man at the formation of human nature would seem especially to belong to the natural law. Now it was instilled into him at the very formation of human nature that one man should have one wife, according to Genesis 2:24, "They shall be two in one flesh." Therefore it is of natural law.

Objection 7. Further, it is contrary to the law of nature that man should bind himself to the impossible, and that what is given to one should be given to another. Now when a man contracts with a wife, he gives her the power of his body, so that he is bound to pay her the debt when she asks. Therefore it is against the law of nature that he should afterwards give the power of his body to another, because it would be impossible for him to pay both were both to ask at the same time.

Objection 8. Further, "Do not to another what thou wouldst not were done to thyself" [Cf. Tobit 4:16 is a precept of the natural law. But a husband would by no means be willing for his wife to have another husband. Therefore he would be acting against the law of nature, were he to have another wife in addition.

Objection 9. Further, whatever is against the natural desire is contrary to the natural law. Now a husband's jealousy of his wife and the wife's jealousy of her husband are natural, for they are found in all. Therefore, since jealousy is "love impatient of sharing the beloved," it would seem to be contrary to the natural law that several wives should share one husband.

I answer that, All natural things are imbued with certain principles whereby they are enabled not only to exercise their proper actions, but also to render those actions proportionate to their end, whether such actions belong to a thing by virtue of its generic nature, or by virtue of its specific nature: thus it belongs to a magnet to be borne downwards by virtue of its generic nature, and to attract iron by virtue of its specific nature. Now just as in those things which act from natural necessity the principle of action is the form itself, whence their proper actions proceed proportionately to their end, so in things which are endowed with knowledge the principles of action are knowledge and appetite. Hence in the cognitive power there needs to be a natural concept, and in the appetitive power a natural inclination, whereby the action befitting the genus or species is rendered proportionate to the end. Now since man, of all animals, knows the aspect of the end, and the proportion of the action to the end, it follows that he is imbued with a natural concept, whereby he is directed to act in a befitting manner, and this is called "the natural law" or "the natural right," but in other animals "the natural instinct." For brutes are rather impelled by the force of nature to do befitting actions, than guided to act on their own judgment. Therefore the natural law is nothing else than a concept naturally instilled into man, whereby he is guided to act in a befitting manner in his proper actions, whether they are competent to him by virtue of his generic nature, as, for instance, to beget, to eat, and so on, or belong to him by virtue of his specific nature, as, for instance, to reason and so forth. Now whatever renders an action improportionate to the end which nature intends to obtain by a certain work is said to be contrary to the natural law. But an action may be improportionate either to the principal or to the secondary end, and in either case this happens in two ways. First, on account of something which wholly hinders the end; for instance a very great excess or a very great deficiency in eating hinders both the health of the body, which is the principal end of food, and aptitude for conducting business, which is its secondary end. Secondly, on account of something that renders the attainment of the principal or secondary end difficult, or less satisfactory, for instance eating inordinately in respect of undue time. Accordingly if an action be improportionate to the end, through altogether hindering the principal end directly, it is forbidden by the first precepts of the natural law, which hold the same place in practical matters, as the general concepts of the mind in speculative matters. If, however, it be in any way improportionate to the secondary end, or again to the principal end, as rendering its attainment difficult or less satisfactory, it is forbidden, not indeed by the first precepts of the natural law, but by the second which are derived from the first even as conclusions in speculative matters receive our assent by virtue of self-known principles: and thus the act in question is said to be against the law of nature.

Now marriage has for its principal end the begetting and rearing of children, and this end is competent to man according to his generic nature, wherefore it is common to other animals (Ethic. viii, 12), and thus it is that the "offspring" is assigned as a marriage good. But for its secondary end, as the Philosopher says (Ethic. viii, 12), it has, among men alone, the community of works that are a necessity of life, as stated above (Supplement:41:1). And in reference to this they owe one another "fidelity" which is one of the goods of marriage. Furthermore it has another end, as regards marriage between believers, namely the signification of Christ and the Church: and thus the "sacrament" is said to be a marriage good. Wherefore the first end corresponds to the marriage of man inasmuch as he is an animal: the second, inasmuch as he is a man; the third, inasmuch as he is a believer. Accordingly plurality of wives neither wholly destroys nor in any way hinders the first end of marriage, since one man is sufficient to get children of several wives, and to rear the children born of them. But though it does not wholly destroy the second end, it hinders it considerably for there cannot easily be peace in a family where several wives are joined to one husband, since one husband cannot suffice to satisfy the requisitions of several wives, and again because the sharing of several in one occupation is a cause of strife: thus "potters quarrel with one another" [Aristotle, Rhet. ii, 4], and in like manner the several wives of one husband. The third end, it removes altogether, because as Christ is one, so also is the Church one. It is therefore evident from what has been said that plurality of wives is in a way against the law of nature, and in a way not against it.

Reply to Objection 1. Custom does not prejudice the law of nature as regards the first precepts of the latter, which are like the general concepts of the mind in speculative matters. But those which are drawn like conclusions from these custom enforces, as Tully declares (De Inv. Rhet. ii), or weakens. Such is the precept of nature in the matter of having one wife.

Reply to Objection 2. As Tully says (De Inv. Rhet. ii), "fear of the law and religion have sanctioned those things that come from nature and are approved by custom." Wherefore it is evident that those dictates of the natural law, which are derived from the first principles as it were of the natural law, have not the binding force of an absolute commandment, except when they have been sanctioned by Divine or human law. This is what Augustine means by saying that "they did not disobey the commandments of the law, since it was not forbidden by any law."

The Reply to the Third Objection follows from what has been said.

Reply to Objection 4. Natural right has several significations. First a right is said to be natural by its principle, because it is instilled by nature: and thus Tully defines it (De Inv. Rhet. ii) when he says: "Natural right is not the result of opinion but the product of an innate force." And since even in natural things certain movements are called natural, not that they be from an intrinsic principle, but because they are from a higher moving principle—thus the movements that are caused in the elements by the impress of heavenly bodies are said to be natural, as the Commentator states (De Coelo et Mundo iii, 28), therefore those things that are of Divine right are said to be of natural right, because they are caused by the impress and influence of a higher principle, namely God. Isidore takes it in this sense, when he says (Etym. v) that "the natural right is that which is contained in the Law and the Gospel." Thirdly, right is said to be natural not only from its principle but also from its matter, because it is about natural things. And since nature is contradistinguished with reason, whereby man is a man, it follows that if we take natural right in its strictest sense, those things which are dictated by natural reason and pertain to man alone are not said to be of natural right, but only those which are dictated by natural reason and are common to man and other animals. Thus we have the aforesaid definition, namely: "Natural right is what nature has taught all animals." Accordingly plurality of wives, though not contrary to natural right taken in the third sense, is nevertheless against natural right taken in the second sense, because it is forbidden by the Divine law. It is also against natural right taken in the first sense, as appears from what has been said, for such is nature's dictate to every animal according to the mode befitting its nature. Wherefore also certain animals, the rearing of whose offspring demands the care of both, namely the male and female, by natural instinct cling to the union of one with one, for instance the turtle-dove, the dove, and so forth.

The Reply to the Fifth Objection is clear from what has been said.

Since, however, the arguments adduced "on the contrary side" would seem to show that plurality of wives is against the first principles of the natural law, we must reply to them.

Accordingly we reply to the Sixth Objection that human nature was founded without any defect, and consequently it is endowed not only with those things without which the principal end of marriage is impossible of attainment, but also with those without which the secondary end of marriage could not be obtained without difficulty: and in this way it sufficed man when he was first formed to have one wife, as stated above.

Reply to Objection 7. In marriage the husband gives his wife power of his body, not in all respects, but only in those things that are required by marriage. Now marriage does not require the husband to pay the debt every time his wife asks for it, if we consider the principal end for which marriage was instituted, namely the good of the offspring, but only as far as is necessary for impregnation. But in so far as it is instituted as a remedy (which is its secondary end), marriage does require the debt to be paid at all times on being asked for. Hence it is evident that by taking several wives a man does not bind himself to the impossible, considering the principal end of marriage; and therefore plurality of wives is not against the first principles of the natural law.

Reply to Objection 8. This precept of the natural law, "Do not to another what thou wouldst not were done to thyself," should be understood with the proviso that there be equal proportion. For if a superior is unwilling to be withstood by his subject, he is not therefore bound not to withstand his subject. Hence it does not follow in virtue of this precept that as a husband is unwilling for his wife to have another husband, he must not have another wife: because for one man to have several wives is not contrary to the first principles of the natural law, as stated above: whereas for one wife to have several husbands is contrary to the first principles of the natural law, since thereby the good of the offspring which is the principal end of marriage is, in one respect, entirely destroyed, and in another respect hindered. For the good of the offspring means not only begetting, but also rearing. Now the begetting of offspring, though not wholly voided (since a woman may be impregnated a second time after impregnation has already taken place, as stated in De Gener. Animal. vii. 4), is nevertheless considerably hindered, because this can scarcely happen without injury either to both fetus or to one of them. But the rearing of the offspring is altogether done away, because as a result of one woman having several husbands there follows uncertainty of the offspring in relation to its father, whose care is necessary for its education. Wherefore the marriage of one wife with several husbands has not been sanctioned by any law or custom, whereas the converse has been.

Reply to Objection 9. The natural inclination in the appetitive power follows the natural concept in the cognitive power. And since it is not so much opposed to the natural concept for a man to have several wives as for a wife to have several husbands, it follows that a wife's love is not so averse to another sharing the same husband with her, as a husband's love is to another sharing the same wife with him. Consequently both in man and in other animals the male is more jealous of the female than "vice versa."


Whether it was ever lawful to have several wives?

Objection 1. It would seem that it can never have been lawful to have several wives. For, according to the Philosopher (Ethic. v, 7), "The natural law has the same power at all times and places." Now plurality of wives is forbidden by the natural law, as stated above (Article 1). Therefore as it is unlawful now, it was unlawful at all times.

Objection 2. Further, if it was ever lawful, this could only be because it was lawful either in itself, or by dispensation. If the former, it would also be lawful now; if the latter, this is impossible, for according to Augustine (Contra Faust. xxvi, 3), "as God is the founder of nature, He does nothing contrary to the principles which He has planted in nature." Since then God has planted in our nature the principle that one man should be united to one wife, it would seem that He has never dispensed man from this.

Objection 3. Further, if a thing be lawful by dispensation, it is only lawful for those who receive the dispensation. Now we do not read in the Law of a general dispensation having been granted to all. Since then in the Old Testament all who wished to do so, without any distinction, took to themselves several wives, nor were reproached on that account, either by the law or by the prophets, it would seem that it was not made lawful by dispensation.

Objection 4. Further, where there is the same reason for dispensation, the same dispensation should be given. Now we cannot assign any other reason for dispensation than the multiplying of the offspring for the worship of God, and this is necessary also now. Therefore this dispensation would be still in force, especially as we read nowhere of its having been recalled.

Objection 5. Further, in granting a dispensation the greater good should not be overlooked for the sake of a lesser good. Now fidelity and the sacrament, which it would seem impossible to safeguard in a marriage where one man is joined to several wives, are greater goods than the multiplication of the offspring. Therefore this dispensation ought not to have been granted with a view to this multiplication.

On the contrary, It is stated (Galatians 3:19) that the Law "was set because of transgressors [Vulgate: 'transgressions']," namely in order to prohibit them. Now the Old Law mentions plurality of wives without any prohibition thereof, as appears from Deuteronomy 21:15, "If a man have two wives," etc. Therefore they were not transgressors through having two wives; and so it was lawful.

Further, this is confirmed by the example of the holy patriarchs, who are stated to have had several wives, and yet were most pleasing to God, for instance Jacob, David, and several others. Therefore at one time it was lawful.

I answer that, As stated above (Article 1, Replies to 7 and 8), plurality of wives is said to be against the natural law, not as regards its first precepts, but as regards the secondary precepts, which like conclusions are drawn from its first precepts. Since, however, human acts must needs vary according to the various conditions of persons, times, and other circumstances, the aforesaid conclusions do not proceed from the first precepts of the natural law, so as to be binding in all cases, but only in the majority. for such is the entire matter of Ethics according to the Philosopher (Ethic. i, 3,7). Hence, when they cease to be binding, it is lawful to disregard them. But because it is not easy to determine the above variations, it belongs exclusively to him from whose authority he derives its binding force to permit the non-observance of the law in those cases to which the force of the law ought not to extend, and this permission is called a dispensation. Now the law prescribing the one wife was framed not by man but by God, nor was it ever given by word or in writing, but was imprinted on the heart, like other things belonging in any way to the natural law. Consequently a dispensation in this matter could be granted by God alone through an inward inspiration, vouchsafed originally to the holy patriarchs, and by their example continued to others, at a time when it behooved the aforesaid precept not to be observed, in order to ensure the multiplication of the offspring to be brought up in the worship of God. For the principal end is ever to be borne in mind before the secondary end. Wherefore, since the good of the offspring is the principal end of marriage, it behooved to disregard for a time the impediment that might arise to the secondary ends, when it was necessary for the offspring to be multiplied; because it was for the removal of this impediment that the precept forbidding a plurality of wives was framed, as stated above (Article 1).

Reply to Objection 1. The natural law, considered in itself, has the same force at all times and places; but accidentally on account of some impediment it may vary at certain times and places, as the Philosopher (Ethic. i, 3,7) instances in the case of other natural things. For at all times and places the right hand is better than the left according to nature, but it may happen accidentally that a person is ambidextrous, because our nature is variable; and the same applies to the natural, just as the Philosopher states (Ethic. i, 3,7).

Reply to Objection 2. In a Decretal (De divortiis, cap. Gaudemus) it is asserted that is was never lawful to have several wives without having a dispensation received through Divine inspiration. Nor is the dispensation thus granted a contradiction to the principles which God has implanted in nature, but an exception to them, because those principles are not intended to apply to all cases but to the majority, as stated. Even so it is not contrary to nature when certain occurrences take place in natural things miraculously, by way of exception to more frequent occurrences.

Reply to Objection 3. Dispensation from a law should follow the quality of the law. Wherefore, since the law of nature is imprinted on the heart, it was not necessary for a dispensation from things pertaining to the natural law to be given under the form of a written law but by internal inspiration.

Reply to Objection 4. When Christ came it was the time of the fulness of the grace of Christ, whereby the worship of God was spread abroad among all nations by a spiritual propagation. Hence there is not the same reason for a dispensation as before Christ's coming, when the worship of God was spread and safeguarded by a carnal propagation.

Reply to Objection 5. The offspring, considered as one of the marriage goods, includes the keeping of faith with God, because the reason why it is reckoned a marriage good is because it is awaited with a view to its being brought up in the worship of God. Now the faith to be kept with God is of greater import than the faith to be kept with a wife, which is reckoned a marriage good, and than the signification which pertains to the sacrament, since the signification is subordinate to the knowledge of faith. Hence it is not unfitting if something is taken from the two other goods for the sake of the good of the offspring. Nor are they entirely done away, since there remains faith towards several wives; and the sacrament remains after a fashion, for though it did not signify the union of Christ with the Church as one, nevertheless the plurality of wives signified the distinction of degrees in the Church, which distinction is not only in the Church militant but also in the Church triumphant. Consequently their marriages signified somewhat the union of Christ not only with the Church militant, as some say, but also with the Church triumphant where there are "many mansions" [John 19:2].


Whether it is against the natural law to have a concubine?

Objection 1. It would seem that to have a concubine is not against the natural law. For the ceremonies of the Law are not of the natural law. But fornication is forbidden (Acts 15:29) in conjunction with ceremonies of the law which for the time were being imposed on those who were brought to the faith from among the heathens. Therefore simple fornication which is intercourse with a concubine is not against the natural law.

Objection 2. Further, positive law is an outcome of the natural law, as Tully says (De Invent. ii). Now fornication was not forbidden by positive law; indeed according to the ancient laws women used to be sentenced to be taken to brothels. Therefore it is not against the natural law to have a concubine.

Objection 3. Further, the natural law does not forbid that which is given simply, to be given for a time or under certain restrictions. Now one unmarried woman may give the power of her body for ever to an unmarried man, so that he may use her when he will. Therefore it is not against the law of nature, if she give him power of her body for a time.

Objection 4. Further, whoever uses his own property as he will, injures no one. But a bondswoman is her master's property. Therefore if her master use her as he will, he injures no one: and consequently it is not against the natural law to have a concubine.

Objection 5. Further, everyone may give his own property to another. Now the wife has power of her husband's body (1 Corinthians 7:4). Therefore if his wife be willing, the husband can have intercourse with another woman without sin.

On the contrary, According to all laws the children born of a concubine are children of shame. But this would not be so unless the union of which they are born were naturally shameful.

Further, as stated above (Supplement:41:1), marriage is natural. But this would not be so if without prejudice to the natural law a man could be united to a woman otherwise than by marriage. Therefore it is against the natural law to have a concubine.

I answer that, As stated above (Article 1), an action is said to be against the natural law, if it is not in keeping with the due end intended by nature, whether through not being directed thereto by the action of the agent, or through being directed thereto by the action of the agent, or through being in itself improportionate to that end. Now the end which nature intends in sexual union is the begetting and rearing of the offspring. and that this good might be sought after, it attached pleasure to the union; as Augustine says (De Nup. et Concup. i, 8). Accordingly to make use of sexual intercourse on account of its inherent pleasure, without reference to the end for which nature intended it, is to act against nature, as also is it if the intercourse be not such as may fittingly be directed to that end. And since, for the most part, things are denominated from their end, as being that which is of most consequence to them, just as the marriage union took its name from the good of the offspring [Cf. Supplement:44:2], which is the end chiefly sought after in marriage, so the name of concubine is expressive of that union where sexual intercourse is sought after for its own sake. Moreover even though sometimes a man may seek to have offspring of such an intercourse, this is not befitting to the good of the offspring, which signifies not only the begetting of children from which they take their being, but also their rearing and instruction, by which means they receive nourishment and learning from their parents, in respect of which three things the parents are bound to their children, according to the Philosopher (Ethic. viii, 11,12). Now since the rearing and teaching of the children remain a duty of the parents during a long period of time, the law of nature requires the father and mother to dwell together for a long time, in order that together they may be of assistance to their children. Hence birds that unite together in rearing their young do not sever their mutual fellowship from the time when they first come together until the young are fully fledged. Now this obligation which binds the female and her mate to remain together constitutes matrimony. Consequently it is evident that it is contrary to the natural law for a man to have intercourse with a woman who is not married to him, which is the signification of a concubine.

Reply to Objection 1. Among the Gentiles the natural law was obscured in many points: and consequently they did not think it wrong to have intercourse with a concubine, and in many cases practiced fornication as though it were lawful, as also other things contrary to the ceremonial laws of the Jews, though not contrary to the law of nature. Wherefore the apostles inserted the prohibition of fornication among that of other ceremonial observances, because in both cases there was a difference of opinion between Jews and Gentiles.

Reply to Objection 2. This law was the result of the darkness just mentioned, into which the Gentiles had fallen, by not giving due honor to God as stated in Romans 1:21, and did not proceed from the instinct of the natural law. Hence, when the Christian religion prevailed, this law was abolished.

Reply to Objection 3. In certain cases no evil results ensue if a person surrenders his right to a thing whether absolutely or for a time, so that in neither case is the surrender against the natural law. But that does not apply to the case in point, wherefore the argument does not prove.

Reply to Objection 4. Injury is opposed to justice. Now the natural law forbids not only injustice, but also whatever is opposed to any of the virtues: for instance it is contrary to the natural law to eat immoderately, although by doing so a man uses his own property without injury to anyone. Moreover although a bondswoman is her master's property that she may serve him, she is not his that she may be his concubine. And again it depends how a person makes use of his property. For such a man does an injury to the offspring he begets, since such a union is not directed to its good, as stated above.

Reply to Objection 5. The wife has power of her husband's body, not simply and in all respects, but only in relation to marriage, and consequently she cannot transfer her husband's body to another to the detriment of the good of marriage.


Whether it is a mortal sin to have intercourse with a concubine?

Objection 1. It would seem that it is not a mortal sin to have intercourse with a concubine. For a lie is a greater sin than simple fornication: and a proof of this is that Juda, who did not abhor to commit fornication with Thamar, recoiled from telling a lie, saying (Genesis 38:23): "Surely she cannot charge us with a lie." But a lie is not always a mortal sin. Neither therefore is simple fornication.

Objection 2. Further, a deadly sin should be punished with death. But the Old Law did not punish with death intercourse with a concubine, save in a certain case (Deuteronomy 22:25). Therefore it is not a deadly sin.

Objection 3. Further, according to Gregory (Moral. xxxiii, 12), the sins of the flesh are less blameworthy than spiritual sins. Now pride and covetousness, which are spiritual sins, are not always mortal sins. Therefore fornication, which is a sin of the flesh, is not always a mortal sin.

Objection 4. Further, where the incentive is greater the sin is less grievous, because he sins more who is overcome by a lighter temptation. But concupiscence is the greatest incentive to lust. Therefore since lustful actions are not always mortal sins, neither is simple fornication a mortal sin.

On the contrary, Nothing but mortal sin excludes from the kingdom of God. But fornicators are excluded from the kingdom of God (1 Corinthians 6:9-10). Therefore simple fornication is a mortal sin.

Further, mortal sins alone are called crimes. Now all fornication is a crime according to Tobit 4:13, "Take heed to keep thyself . . . from all fornication, and beside thy wife never endure to know crime." Therefore, etc.

I answer that, As we have already stated (Sent. ii, D, 42, 1, 4), those sins are mortal in their genus which violate the bond of friendship between man and God, and between man and man; for such sins are against the two precepts of charity which is the life of the soul. Wherefore since the intercourse of fornication destroys the due relations of the parent with the offspring that is nature's aim in sexual intercourse, there can be no doubt that simple fornication by its very nature is a mortal sin even though there were no written law.

Reply to Objection 1. It often happens that a man who does not avoid a mortal sin, avoids a venial sin to which he has not so great an incentive. Thus, too, Juda avoided a lie while he avoided not fornication. Nevertheless that would have been a pernicious lie, for it would have involved an injury if he had not kept his promise.

Reply to Objection 2. A sin is called deadly, not because it is punished with temporal, but because it is punished with eternal death. Hence also theft, which is a mortal sin, and many other sins are sometimes not punished with temporal death by the law. The same applies to fornication.

Reply to Objection 3. Just as not every movement of pride is a mortal sin, so neither is every movement of lust, because the first movements of lust and the like are venial sins, even sometimes marriage intercourse. Nevertheless some acts of lust are mortal sins, while some movements of pride are venial: since the words quoted from Gregory are to be understood as comparing vices in their genus and not in their particular acts.

Reply to Objection 4. A circumstance is the more effective in aggravating a sin according as it comes nearer to the nature of sin. Hence although fornication is less grave on account of the greatness of its incentive, yet on account of the matter about which it is, it has a greater gravity than immoderate eating, because it is about those things which tighten the bond of human fellowship, as stated above. Hence the argument does not prove.


Whether it was ever lawful to have a concubine?

Objection 1. It would seem that it has been sometimes lawful to have a concubine. For just as the natural law requires a man to have but one wife, so does it forbid him to have a concubine. Yet at times it has been lawful to have several wives. Therefore it has also been lawful to have a concubine.

Objection 2. Further, a woman cannot be at the same time a slave and a wife; wherefore according to the Law (Deuteronomy 21:11, seqq.) a bondswoman gained her freedom by the very fact of being taken in marriage. Now we read that certain men who were most beloved of God, for instance Abraham and Jacob, had intercourse with their bondswomen. Therefore these were not wives, and consequently it was sometime lawful to have a concubine.

Objection 3. Further, a woman who is taken in marriage cannot be cast out, and her son should have a share in the inheritance. Yet Abraham sent Agar away, and her son was not his heir (Genesis 21:14). Therefore she was not Abraham's wife.

On the contrary, Things opposed to the precepts of the decalogue were never lawful. Now to have a concubine is against a precept of the decalogue, namely, "Thou shalt not commit adultery." Therefore it was never lawful.

Further, Ambrose says in his book on the patriarchs (De Abraham i, 4): "What is unlawful to a wife is unlawful to a husband." But it is never lawful for a wife to put aside her own husband and have intercourse with another man. Therefore it was never lawful for a husband to have a concubine.

I answer that, Rabbi Moses says (Doc. Perp. iii, 49) that before the time of the Law fornication was not a sin; and he proved his assertion from the fact that Juda had intercourse with Thamar. But this argument is not conclusive. For there is no need to excuse Jacob's sons from mortal sin, since they were accused to their father of a most wicked crime (Genesis 37:2), and consented to kill Joseph and to sell him. Wherefore we must say that since it is against the natural law to have a concubine outside wedlock, as stated above (Article 3), it was never lawful either in itself or by dispensation. For as we have shown (Doc. Perp. iii, 49) intercourse with a woman outside wedlock is an action improportionate to the good of the offspring which is the principal end of marriage: and consequently it is against the first precepts of the natural law which admit of no dispensation. Hence wherever in the Old Testament we read of concubines being taken by such men as we ought to excuse from mortal sin, we must needs understand them to have been taken in marriage, and yet to have been called concubines, because they had something of the character of a wife and something of the character of a concubine. In so far as marriage is directed to its principal end, which is the good of the offspring, the union of wife and husband is indissoluble or at least of a lasting nature, as shown above (Article 1), and in regard to this there is no dispensation. But in regard to the secondary end, which is the management of the household and community of works, the wife is united to the husband as his mate: and this was lacking in those who were known as concubines. For in this respect a dispensation was possible, since it is the secondary end of marriage. And from this point of view they bore some resemblance to concubines, and for this reason they were known as such.

Reply to Objection 1. As stated above (Article 1, Replies to 7 and 8) to have several wives is not against the first precepts of the natural law, as it is to have a concubine; wherefore the argument does not prove.

Reply to Objection 2. The patriarchs of old by virtue of the dispensation which allowed them several wives, approached their bondswomen with the disposition of a husband towards his wife. For these women were wives as to the principal and first end of marriage, but not as to the other union which regards the secondary end, to which bondage is opposed since a woman cannot be at once mate and slave.

Reply to Objection 3. As in the Mosaic law it was allowable by dispensation to grant a bill of divorce in order to avoid wife-murder (as we shall state further on, Supplement:67:6), so by the same dispensation Abraham was allowed to send Agar away, in order to signify the mystery which the Apostle explains (Galatians 4:22, seqq.). Again, that this son did not inherit belongs to the mystery, as explained in the same place. Even so Esau, the son of a free woman, did not inherit (Romans 9:13, seqq.). In like manner on account of the mystery it came about that the sons of Jacob born of bond and free women inherited, as Augustine says (Tract. xi in Joan.) because "sons and heirs are born to Christ both of good ministers denoted by the free woman and of evil ministers denoted by the bondswoman."

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 irregularity attaches to bigamy?

Objection 1. It would seem that irregularity is not attached to the bigamy that consists in having two wives successively. For multitude and unity are consequent upon being. Since then non-being does not cause plurality, a man who has two wives successively, the one in being, the other in non-being, does not thereby become the husband of more than one wife, so as to be debarred, according to the Apostle (1 Timothy 3:2; Titus 1:6), from the episcopate.

Objection 2. Further, a man who commits fornication with several women gives more evidence of incontinence than one who has several wives successively. Yet in the first case a man does not become irregular. Therefore neither in the second should he become irregular.

Objection 3. Further, if bigamy causes irregularity, this is either because of the sacrament, or because of the carnal intercourse. Now it is not on account of the former, for if a man had contracted marriage by words of the present and, his wife dying before the consummation of the marriage, he were to marry another, he would become irregular, which is against the decree of Innocent III (cap. Dubium, De bigamia). Nor again is it on account of the second, for then a man who had committed fornication with several women would become irregular: which is false. Therefore bigamy nowise causes irregularity.

I answer that, By the sacrament of order a man is appointed to the ministry of the sacraments; and he who has to administer the sacraments to others must suffer from no defect in the sacraments. Now there is a defect in a sacrament when the entire signification of the sacrament is not found therein. And the sacrament of marriage signifies the union of Christ with the Church, which is the union of one with one. Therefore the perfect signification of the sacrament requires the husband to have only one wife, and the wife to have but one husband; and consequently bigamy, which does away with this, causes irregularity. And there are four kinds of bigamy: the first is when a man has several lawful wives successively; the second is when a man has several wives at once, one in law, the other in fact; the third, when he has several successively, one in law, the other in fact; the fourth, when a man marries a widow. Accordingly irregularity attaches to all of these.

There is another consequent reason assigned, since those who receive the sacrament of order should be signalized by the greatest spirituality, both because they administer spiritual things, namely the sacraments, and because they teach spiritual things, and should be occupied in spiritual matters. Wherefore since concupiscence is most incompatible with spirituality, inasmuch as it makes a man to be wholly carnal, they should give no sign of persistent concupiscence, which does indeed show itself in bigamous persons, seeing that they were unwilling to be content with one wife. The first reason however is the better.

Reply to Objection 1. The multitude of several wives at the same time is a multitude simply, wherefore a multitude of this kind is wholly inconsistent with the signification of the sacrament, so that the sacrament is voided on that account. But the multitude of several successive wives is a multitude relatively, wherefore it does not entirely destroy the signification of the sacrament, nor does it void the sacrament in its essence but in its perfection, which is required of those who are the dispensers of sacraments.

Reply to Objection 2. Although those who are guilty of fornication give proof of greater concupiscence, theirs is not a so persistent concupiscence, since by fornication one party is not bound to the other for ever; and consequently no defect attaches to the sacrament.

Reply to Objection 3. As stated above, bigamy causes irregularity, because it destroys the perfect signification of the sacrament: which signification is seated both in the union of minds, as expressed by the consent, and in the union of bodies. Wherefore bigamy must affect both of these at the same time in order to cause irregularity. Hence the decree of Innocent III disposes of the statement of the Master (Sent. iv, D, 27), namely that consent alone by words of the present is sufficient to cause irregularity.


Whether irregularity results from bigamy, when one husband has two wives, one in law, the other in fact?

Objection 1. It would seem that irregularity does not result from bigamy when one husband has two wives at the same time, one in law and one in fact. For when the sacrament is void there can be no defect in the sacrament. Now when a man marries a woman in fact but not in law there is no sacrament, since such a union does not signify the union of Christ with the Church. Therefore since irregularity does not result from bigamy except on account of a defect in the sacrament, it would seem that no irregularity attaches to bigamy of this kind.

Objection 2. Further, if a man has intercourse with a woman whom he has married in fact and not in law, he commits fornication if he has not a lawful wife, or adultery if he has. But a man does not become irregular by dividing his flesh among several women by fornication or adultery. Therefore neither does he by the aforesaid kind of bigamy.

Objection 3. Further, it may happen that a man, before knowing carnally the woman he has married in law, marries another in fact and not in law, and knows her carnally, whether the former woman be living or dead. Now this man has contracted marriage with several women either in law or in fact, and yet he is not irregular, since he has not divided his flesh among several women. Therefore irregularity is not contracted by reason of the aforesaid kind of bigamy.

I answer that, Irregularity is contracted in the two second kinds of bigamy, for although in the one there is no sacrament, there is a certain likeness to a sacrament. Wherefore these two kinds are secondary, and the first is the principal kind in causing irregularity.

Reply to Objection 1. Although there is no sacrament in this case there is a certain likeness to a sacrament, whereas there is no such likeness in fornication or adultery. Hence the comparison fails.

This suffices for the Reply to the Second Objection.

Reply to Objection 3. In this case the man is not reckoned a bigamist, because the first marriage lacked its perfect signification. Nevertheless if, by the judgment of the Church, he be compelled to return to his first wife and carnally to know her, he becomes irregular forthwith, because the irregularity is the result not of the sin but of imperfect signification.


Whether irregularity is contracted by marrying one who is not a virgin?

Objection 1. It would seem that irregularity is not contracted by marrying one who is not a virgin. For a man's own defect is a greater impediment to him than the defect of another. But if the man himself who marries is not a virgin he does not become irregular. Therefore much less does he if his wife is not a virgin.

Objection 2. Further, it may happen that a man marries a woman after corrupting her. Now, seemingly, such a man does not become irregular, since he has not divided his flesh among several, nor has his wife done so, and yet he marries a woman who is not a virgin. Therefore this kind of bigamy does not cause irregularity.

Objection 3. Further, no man can become irregular except voluntarily. But sometimes a man marries involuntarily one who is not a virgin, for instance when he thinks her a virgin and afterwards, by knowing her carnally, finds that she is not. Therefore this kind does not always cause irregularity.

Objection 4. Further, unlawful intercourse after marriage is more guilty than before marriage. Now if a wife, after the marriage has been consummated, has intercourse with another man, her husband does not become irregular, otherwise he would be punished for his wife's sin. Moreover, it might happen that, after knowing of this, he pays her the debt at her asking, before she is accused and convicted of adultery. Therefore it would seem that this kind of bigamy does not cause irregularity.

On the contrary, Gregory says (Regist. ii, ep. 37): "We command thee never to make unlawful ordinations, nor to admit to holy orders a bigamist, or one who has married a woman that is not a virgin, or one who is unlettered, or one who is deformed in his limbs, or bound to do penance or to perform some civil duty, or who is in any state of subjection."

I answer that, In the union of Christ with the Church unity is found on either side. Consequently whether we find division of the flesh on the part of the husband, or on the part of the wife, there is a defect of sacrament. There is, however, a difference, because on the part of the husband it is required that he should not have married another wife, but not that he should be a virgin, whereas on the part of the wife it is also required that she be a virgin. The reason assigned by those versed in the Decretals is because the bridegroom signifies the Church militant which is entrusted to the care of a bishop, and in which there are many corruptions, while the spouse signifies Christ Who was a virgin: wherefore virginity on the part of the spouse, but not on the part of the bridegroom, is required in order that a man be made a bishop. This reason, however, is expressly contrary to the words of the Apostle (Ephesians 5:25): "Husbands, love your wives, as Christ also loved the Church," which show that the bride signifies the Church, and the bridegroom Christ; and again he says (Ephesians 5:23): "Because the husband is the head of the wife, as Christ is the head of the Church." Wherefore others say that Christ is signified by the bridegroom, and that the bride signifies the Church triumphant in which there is no stain. Also that the synagogue was first united to Christ as a concubine; so that the sacrament loses nothing of its signification if the bridegroom previously had a concubine. But this is most absurd, since just as the faith of ancients and of moderns is one, so is the Church one. Wherefore those who served God at the time of the synagogue belonged to the unity of the Church in which we serve God. Moreover this is expressly contrary to Jeremiah 3:14, Ezekiel 16:8, Hosea 2:16, where the espousals of the synagogue are mentioned explicitly: so that she was not as a concubine but as a wife. Again, according to this, fornication would be the sacred sign [sacramentum] of that union, which is absurd. Wherefore heathendom, before being espoused to Christ in the faith of the Church, was corrupted by the devil through idolatry. Hence we must say otherwise that irregularity is caused by a defect in the sacrament itself. Now when corruption of the flesh occurs outside wedlock on account of a preceding marriage, it causes no defect in the sacrament on the part of the person corrupted, but it causes a defect in the other person, because the act of one who contracts marriage terminates not in himself, but in the other party, wherefore it takes its species from its term, which, moreover, in regard to that act, is the matter as it were of the sacrament. Consequently if a woman were able to receive orders, just as her husband becomes irregular through marrying one who is not a virgin, but not through his not being a virgin when he marries, so also would a woman become irregular if she were to marry a man who is not a virgin, but not if she were no longer a virgin when she married —unless she had been corrupted by reason of a previous marriage.

This suffices for the Reply to the First Objection.

Reply to Objection 2. In this case opinions differ. It is, however, more probable that he is not irregular, because he has not divided his flesh among several women.

Reply to Objection 3. Irregularity is not the infliction of a punishment, but the defect of a sacrament. Consequently it is not always necessary for bigamy to be voluntary in order to cause irregularity. Hence a man who marries a woman, thinking her to be a virgin, whereas she is not, becomes irregular by knowing her carnally.

Reply to Objection 4. If a woman commits fornication after being married, her husband does not become irregular on that account, unless he again knows her carnally after she has been corrupted by adultery, since otherwise the corruption of the wife nowise affects the marriage act of the husband. But though he be compelled by law to pay her the debt, or if he do so at her request, being compelled by his own conscience, even before she is convicted of adultery, he becomes irregular, albeit opinions differ on this point. However, what we have said is more probable, since here it is not a question of sin, but of signification only.


Whether bigamy is removed by Baptism?

Objection 1. It would seem that bigamy is removed by Baptism. For Jerome says in his commentary on the Epistle to Titus (1:6, "the husband of one wife") that if a man has had several wives before receiving Baptism, or one before and another after Baptism, he is not a bigamist. Therefore bigamy is removed by Baptism.

Objection 2. Further, he who does what is more, does what is less. Now Baptism removes all sin, and sin is a greater thing than irregularity. Therefore it removes irregularity.

Objection 3. Further, Baptism takes away all punishment resulting from an act. Now such is the irregularity of bigamy. Therefore, etc.

Objection 4. Further, a bigamist is irregular because he is deficient in the representation of Christ. Now by Baptism we are fully conformed to Christ. Therefore this irregularity is removed.

Objection 5. Further, the sacraments of the New Law are more efficacious than the sacraments of the Old Law. But the sacraments of the Old Law removed irregularities according to the Master's statement (Sent. iv,). Therefore Baptism also, being the most efficacious of the sacraments of the New Law, removes the irregularity consequent upon bigamy.

On the contrary, Augustine says (De Bono Conjug. xviii): "Those understand the question more correctly who maintain that a man who has married a second wife, though he was a catechumen or even a pagan at the time, cannot be ordained, because it is a question of a sacrament, not of a sin."

Further, according to the same authority (De Bono Conjug. xviii) "a woman who has been corrupted while a catechumen or a pagan cannot after Baptism be consecrated among God's virgins." Therefore in like manner one who was a bigamist before Baptism cannot be ordained.

I answer that, Baptism removes sin, but does not dissolve marriage. Wherefore since irregularity results from marriage, it cannot be removed by Baptism, as Augustine says (De Bono Conjug. xviii).

Reply to Objection 1. In this case Jerome's opinion is not followed: unless perhaps he wished to explain that he means that a dispensation should be more easily granted.

Reply to Objection 2. It does not follow that what does a greater thing, does a lesser, unless it be directed to the latter. This is not so in the case in point, because Baptism is not directed to the removal of an irregularity.

Reply to Objection 3. This must be understood of punishments consequent upon actual sin, which are, or have yet to be, inflicted: for one does not recover virginity by Baptism, nor again undivision of the flesh.

Reply to Objection 4. Baptism conforms a man to Christ as regards the virtue of the mind, but not as to the condition of the body, which is effected by virginity or division of the flesh.

Reply to Objection 5. Those irregularities were contracted through slight and temporary causes, and consequently they could be removed by those sacraments. Moreover the latter were ordained for that purpose, whereas Baptism is not.