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Summa Theologiae · Suppl., q. 59, a. 6

Whether other sins dissolve marriage?

Thomas Aquinas, Summa Theologiae, Supplement, question 59, Of Disparity of Worship as an Impediment to Marriage, article 6. About 4 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.

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

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

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

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

Obj. 5: Further, The Master says this expressly (iv. Sent. D. 30.).

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

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

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

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

Reply Obj. 21: The primal union of the soul to God is by faith, and consequently the soul is thereby espoused to God as it were, according to Osee ii. 20, / will espouse thee to Me in faith. Hence in Holy Writ idolatry and unbelief are specially designated by the name of fornication: whereas other sins are called spiritual fornications by a more remote signification.

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

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

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

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.