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Summa Theologiae · Suppl., q. 55, a. 3

Whether unlawful intercourse causes affinity?

Thomas Aquinas, Summa Theologiae, Supplement, question 55, Of the Impediment of Affinity, article 3. About 3 min.

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From the Supplement, compiled after Aquinas’s death from his Commentary on the Sentences and transcribed here from the 1917 to 1922 printings. About the Supplement.

Text: Summa Theologiae, Supplement to the Third Part (Supplementum Tertiae Partis), transcribed from Internet Archive scans, translated by the Fathers of the English Dominican Province. The Supplement, compiled after Aquinas’s death from his earlier Commentary on the Sentences, in the same English Dominican translation as the Gutenberg Parts. Transcribed by Bibliotheca Catholica from the OCR of four Internet Archive scans of the pre-1931 printings (Questions 1 to 33 from the 1917 Washbourne and Benziger volume, 34 to 68 from the 1922 volume, 69 to 86 from the 1921 volume, and 87 to 99 from the 1922 Benziger volume), with OCR errors corrected and doubtful passages marked, not rewritten. 99 questions and 446 articles. The two appendices printed after Question 99 are not included. Sources, SHA-256 of each OCR file, and the method are in the source record. Rights: Public domain (US)

The Supplement is not a Project Gutenberg text. It is Bibliotheca Catholica’s transcription of public-domain scans at the Internet Archive; obvious OCR errors were corrected, and passages marked “OCR uncertain” could not be confidently corrected, so check them against the linked scan page.

One passage on this page is marked “OCR uncertain”; check it against the scan.

Objection 1: It would seem that unlawful intercourse does not cause affinity. For affinity is an honourable thing. Now honourable things do not result from that which is dishonourable. Therefore affinity caimot be caused by a dishonourable intercourse. [OCR uncertain: caimot. Check the scan, image 228.]

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

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

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

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

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

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

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

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

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Also online, linked only: the same translation at New Advent and the Latin text at Corpus Thomisticum. Neither is copied here.

Source: Thomas Aquinas. Summa Theologica, Supplement to the Third Part. Internet Archive scans: Third Part, Fourth Number (QQ. LXXXIV to Suppl. XXXIII), 1917, Third Part (Supplement), QQ. XXXIV to LXVIII, 1922, Third Part (Supplement), QQ. LXIX to LXXXVI, 1921, and Third Part (Supplement), QQ. LXXXVII to XCIX and Appendices, 1922; two curled pages of the 1921 volume are read from another scan of the same printing. Public domain in the USA. Printed in 1917, 1921, and 1922, before 1931. Outside the U.S., check local copyright rules. Transcription, OCR file checksums, and method: source record.