Summa Theologica


Question: 61  OF THE IMPEDIMENT TO MARRIAGE, ARISING FROM A SOLEMN VOW (THREE ARTICLES)

   We must next consider the impediments which supervene to marriage. We shall consider (1) the impediment which affects an unconsummated marriage, namely a solemn vow: (2) the impediment which affects a consummated marriage, namely fornication. Under the first head there are three points of inquiry:

    (1) Whether either party after the marriage has been consummated can enter religion without the other's consent?

    (2) Whether they can enter religion before the consummation of the marriage?

    (3) Whether the wife can take another husband if her former husband has entered religion before the consummation of the marriage?

Article: 1 

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

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

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

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

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

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

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

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

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

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

Article: 2 

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

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

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

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

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

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

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

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

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

Article: 3 

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

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

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

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

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

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

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

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

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

Question: 62  OF THE IMPEDIMENT THAT SUPERVENES TO MARRIAGE AFTER ITS CONSUMMATION, NAMELY FORNICATION (SIX ARTICLES)

   We must now consider the impediment that supervenes upon marriage after its consummation, namely fornication, which is an impediment to a previous marriage as regards the act, although the marriage tie remains. Under this head there are six points of inquiry:

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

    (2) Whether he is bound to do so?

    (3) Whether he may put her away at his own judgment?

    (4) Whether in this matter husband and wife are of equal condition?

    (5) Whether, after being divorced, they must remain unmarried?

    (6) Whether they can be reconciled after being divorced?
 
Article: 1 

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

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

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

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

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

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

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

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

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

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

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

  Reply to Objection 4: Steps may be taken to procure a divorce on account also of the unnatural vice: but this is not mentioned in the same way, both because it is an unmentionable passion, and because it does not so affect the certainty of offspring.
 
Article: 2  

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

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

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

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

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

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

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

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

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

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

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

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

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

  Reply to Objection 6: The wife sins not only against her husband, but also against herself and against God, wherefore her husband cannot entirely remit the punishment, unless amendment has followed.
 
Article: 3 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article: 4 

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

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

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

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

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

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

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

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

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

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

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

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

  Reply to Objection 6: Although the control which the husband receives over his wife is an aggravating circumstance, nevertheless the sin is yet more aggravated by this circumstance which draws the sin to another species, namely by the lesion to marriage, which lesion becomes a kind of injustice, through the fraudulent substitution of another's child.
 
Article: 5  

Whether a husband can marry again after having a divorce?

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

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

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

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

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

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

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

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

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

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

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

Article: 6 

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 Cor. 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.

Question: 63 OF SECOND MARRIAGES (TWO ARTICLES)

   In the next place we must consider second marriage. Under this head there are two points of inquiry:

    (1) Whether it is lawful?

    (2) Whether it is a sacrament?

Article: 1

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 Cor. 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 (Gn. 25:1).

   Further, the Apostle says (1 Tim. 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 (Rm. 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. Article [2], Objection [3]]. Hence the argument is not to the point.

Article: 2 

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. Question [69], Article [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.

Question: 64 OF THE THINGS ANNEXED TO MARRIAGE, AND FIRST OF THE PAYMENT OF THE MARRIAGE DEBT (TEN ARTICLES)

   In the next place we must consider those things which are annexed to marriage: (1) the payment of the marriage debt; (2) plurality of wives; (3) bigamy; (4) the bill of divorce; (5) illegitimate children.

   Under the first head there are ten points of inquiry:

    (1) Whether one spouse is bound to pay the marriage debt to the other?

    (2) Whether one is sometimes bound to pay without being asked?

    (3) Whether a wife may demand the debt during the menses?

    (4) Whether she is bound to pay it at that time?

    (5) Whether husband and wife are equal in this matter?

    (6) Whether the one without the other's consent may take a vow that prohibits the payment of the debt?

    (7) Whether it is forbidden to ask for the debt at any particular time?

    (8) Whether it is a mortal sin to ask for it at a holy time?

    (9) Whether it is an obligation to pay it at the time of a festival?

    (10) Whether weddings should be forbidden at certain times?

Article: 1 

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 Cor. 7:4). But a slave is bound by an obligation of precept to pay his master the debt of his service according to Rm. 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 Cor. 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.

Article: 2 

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" (Eph. 6:6; Col. 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.

Article: 3 

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" (Lev. 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" (Is. 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).

Article: 4 

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 (Lev. 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" (Rm. 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 Cor. 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.
 
Article: 5 

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],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 Gn. 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" (Eph. 5:23). Therefore they are not equal in the aforesaid act.

  On the contrary, It is written (1 Cor. 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 (Question [44], Articles [1],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.

Article: 6 

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 Cor. 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 Cor. 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. Question [53], Articles [1],4; Question [61], Article [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.

Article: 7

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.

Article: 8 

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 (Ex. 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.

Article: 9 

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 (Rm. 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 Cor. 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.

Article: 10 

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 (Eccles. 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, TP, Question [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.

Question: 65  OF PLURALITY OF WIVES (FIVE ARTICLES)

   We must now consider the plurality of wives. Under this head there are five points of inquiry:

    (1) Whether it is against the natural law to have several wives?

    (2) Whether this was ever lawful?

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

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

    (5) Whether it was ever lawful to have a concubine?
 
Article: 1 

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 Gn. 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. Tobias 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 (Question [41], Article [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."

Article: 2 

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 (Gal. 3:19) that the Law "was set because of transgressors [Vulg.: 'transgressions']," namely in order to prohibit them. Now the Old Law mentions plurality of wives without any prohibition thereof, as appears from Dt. 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], ad 7,8), 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" [*Jn. 19:2].
 
Article: 3  

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 Cor. 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 (Question [41], Article [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. Question [44], Article [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 Rm. 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.
 
Article: 4 

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 (Gn. 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 (Dt. 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 Cor. 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 Tobias 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, Question [1], Article [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.

Article: 5 

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 (Dt. 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 (Gn. 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 (Gn. 37:2), and consented 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], ad 7,8) 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, Question [67], Article [6]), so by the same dispensation Abraham was allowed to send Agar away, in order to signify the mystery which the Apostle explains (Gal. 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 (Rm. 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."

Question: 66 OF BIGAMY AND OF THE IRREGULARITY CONTRACTED THEREBY (FIVE ARTICLES)

   In the next place we must consider bigamy and the irregularity contracted thereby. Under this head there are five points of inquiry:

    (1) Whether irregularity attaches to the bigamy that consists in having two successive wives?

    (2) Whether irregularity is contracted by one who has two wives at once?

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

    (4) Whether bigamy is removed by Baptism?

    (5) Whether a dispensation can be granted to a bigamous person?
 
Article: 1 

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 Tim. 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.
 
Article: 2 

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.

Article: 3  

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 (Eph. 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 (Eph. 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 Jer. 3:14, Ezech. 16:8, Osee 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.

Article: 4  

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.
 
Article: 5 

Whether it is lawful for a bigamist to receive a dispensation?

  Objection 1: It would seem unlawful for a bigamist to be granted a dispensation. For it is said (Extra, De bigamis, cap. Nuper): "It is not lawful to grant a dispensation to clerics who, as far as they could do so, have taken to themselves a second wife."

  Objection 2: Further, it is not lawful to grant a dispensation from the Divine law. Now whatever is in the canonical writings belongs to the Divine law. Since then in canonical Scripture the Apostle says (1 Tim. 3:2): "It behooveth . . . a bishop to be . . . the husband of one wife," it would seem that a dispensation cannot be granted in this matter.

  Objection 3: Further, no one can receive a dispensation in what is essential to a sacrament. But it is essential to the sacrament of order that the recipient be not irregular, since the signification which is essential to a sacrament is lacking in one who is irregular. Therefore he cannot be granted a dispensation in this.

  Objection 4: Further, what is reasonably done cannot be reasonably undone. If, therefore, a bigamist can lawfully receive a dispensation, it was unreasonable that he should be irregular: which is inadmissible.

  On the contrary, Pope Lucius granted a dispensation to the bishop of Palermo who was a bigamist, as stated in the gloss on can. Lector, dist. 34.

   Further, Pope Martin [*Martinus Bracarensis: cap. xliii] says: "If a Reader marry a widow, let him remain a Reader, or if there be need for it, he may receive the Subdiaconate, but no higher order: and the same applies if he should be a bigamist." Therefore he may at least receive a dispensation as far as the Subdiaconate.

  I answer that, Irregularity attaches to bigamy not by natural, but by positive law; nor again is it one of the essentials of order that a man be not a bigamist, which is evident from the fact that if a bigamist present himself for orders, he receives the character. Wherefore the Pope can dispense altogether from such an irregularity; but a bishop, only as regards the minor orders, though some say that in order to prevent religious wandering abroad he can dispense therefrom as regards the major orders in those who wish to serve God in religion.

  Reply to Objection 1: This Decretal shows that there is the same difficulty against granting a dispensation in those who have married several wives in fact, as if they had married them in law; but it does not prove that the Pope has no power to grant a dispensation in such cases.

  Reply to Objection 2: This is true as regards things belonging to the natural law, and those which are essential to the sacraments, and to faith. But in those which owe their institution to the apostles, since the Church has the same power now as then of setting up and of putting down, she can grant a dispensation through him who holds the primacy.

  Reply to Objection 3: Not every signification is essential to a sacrament, but that alone which belongs to the sacramental effect,* and this is not removed by irregularity. [*Leonine edition reads "officium," some read "effectum"; the meaning is the same, and is best rendered as above.]

  Reply to Objection 4: In particular cases there is no ratio that applies to all equally, on account of their variety. Hence what is reasonably established for all, in consideration of what happens in the majority of cases, can be with equal reason done away in a certain definite case.

Question: 67  OF THE BILL OF DIVORCE (SEVEN ARTICLES)

   We must now consider the bill of divorce, under which head there are seven points of inquiry:

    (1) Whether the indissolubility of marriage is of natural law?

    (2) Whether by dispensation it may become lawful to put away a wife?

    (3) Whether it was lawful under the Mosaic law?

    (4) Whether a wife who has been divorced may take another husband?

    (5) Whether the husband can marry again the wife whom he has divorced?

    (6) Whether the cause of divorce was hatred of the wife?

    (7) Whether the reasons for divorce had to be written on the bill?
 
Article: 1 

Whether inseparableness of the wife is of natural law?

  Objection 1: It would seem that inseparableness of the wife is not of natural law. For the natural law is the same for all. But no law save Christ's has forbidden the divorcing of a wife. Therefore inseparableness of a wife is not of natural law.

  Objection 2: Further, the sacraments are not of the natural law. But the indissolubility of marriage is one of the marriage goods. Therefore it is not of the natural law.

  Objection 3: Further, the union of man and woman in marriage is chiefly directed to the begetting, rearing, and instruction of the offspring. But all things are complete by a certain time. Therefore after that time it is lawful to put away a wife without prejudice to the natural law.

  Objection 4: Further, the good of the offspring is the principal end of marriage. But the indissolubility of marriage is opposed to the good of the offspring, because, according to philosophers, a certain man cannot beget offspring of a certain woman, and yet he might beget of another, even though she may have had intercourse with another man. Therefore the indissolubility of marriage is against rather than according to the natural law.

  On the contrary, Those things which were assigned to nature when it was well established in its beginning belong especially to the law of nature. Now the indissolubility of marriage is one of these things according to Mt. 19:4,6. Therefore it is of natural law.

   Further, it is of natural law that man should not oppose himself to God. Yet man would, in a way, oppose himself to God if he were to sunder "what God hath joined together." Since then the indissolubility of marriage is gathered from this passage (Mt. 19:6) it would seem that it is of natural law.

  I answer that, By the intention of nature marriage is directed to the rearing of the offspring, not merely for a time, but throughout its whole life. Hence it is of natural law that parents should lay up for their children, and that children should be their parents' heirs (2 Cor. 12:14). Therefore, since the offspring is the common good of husband and wife, the dictate of the natural law requires the latter to live together for ever inseparably: and so the indissolubility of marriage is of natural law.

  Reply to Objection 1: Christ's law alone brought mankind "to perfection" [*Cf. Heb. 7:19] by bringing man back to the state of the newness of nature. Wherefore neither Mosaic nor human laws could remove all that was contrary to the law of nature, for this was reserved exclusively to "the law of the spirit of life" [*Cf. Rm. 8:2].

  Reply to Objection 2: Indissolubility belongs to marriage in so far as the latter is a sign of the perpetual union of Christ with the Church, and in so far as it fulfills an office of nature that is directed to the good of the offspring, as stated above. But since divorce is more directly incompatible with the signification of the sacrament than with the good of the offspring, with which it is incompatible consequently, as stated above (Question [65], Article [2], ad 5), the indissolubility of marriage is implied in the good of the sacrament rather than in the good of the offspring, although it may be connected with both. And in so far as it is connected with the good of the offspring, it is of the natural law, but not as connected with the good of the sacrament.

   The Reply to the Third Objection may be gathered from what has been said.

  Reply to Objection 4: Marriage is chiefly directed to the common good in respect of its principal end, which is the good of the offspring; although in respect of its secondary end it is directed to the good of the contracting party, in so far as it is by its very nature a remedy for concupiscence. Hence marriage laws consider what is expedient for all rather than what may be suitable for one. Therefore although the indissolubility of marriage hinder the good of the offspring with regard to some individual, it is proportionate with the good of the offspring absolutely speaking: and for this reason the argument does not prove.
 
Article: 2 

Whether it may have been lawful by dispensation to put away a wife?

  Objection 1: It seems that it could not be lawful by dispensation to put away a wife. For in marriage anything that is opposed to the good of the offspring is against the first precepts of the natural law, which admit of no dispensation. Now such is the putting away of a wife, as stated above (Article [1]). Therefore, etc.

  Objection 2: Further, a concubine differs from a wife especially in the fact that she is not inseparably united. But by no dispensation could a man have a concubine. Therefore by no dispensation could he put his wife away.

  Objection 3: Further, men are as fit to receive a dispensation now as of old. But now a man cannot receive a dispensation to divorce his wife. Neither, therefore, could he in olden times.

  On the contrary, Abraham carnally knew Agar with the disposition of a husband towards his wife, as stated above (Question [65], Article [5], ad 2,3). Now by Divine command he sent her away, and yet sinned not. Therefore it could be lawful by dispensation for a man to put away his wife.

  I answer that, In the commandments, especially those which in some way are of natural law, a dispensation is like a change in the natural course of things: and this course is subject to a twofold change. First, by some natural cause whereby another natural cause is hindered from following its course: it is thus in all things that happen by chance less frequently in nature. In this way, however, there is no variation in the course of those natural things which happen always, but only in the course of those which happen frequently. Secondly, by a cause altogether supernatural, as in the case of miracles: and in this way there can be a variation in the course of nature, not only in the course which is appointed for the majority of cases, but also in the course which is appointed for all cases, as instanced by the sun standing still at the time of Josue, and by its turning back at the time of Ezechias, and by the miraculous eclipse at the time of Christ's Passion [*Jos. 10:14; 4 Kgs. 20:10; Is. 38:8; Mt. 27:15]. In like manner the reason for a dispensation from a precept of the law of nature is sometimes found in the lower causes, and in this way a dispensation may bear upon the secondary precepts of the natural law, but not on the first precepts because these are always existent as it were, as stated above (Question [65], Article [1]) in reference to the plurality of wives and so forth. But sometimes this reason is found in the higher causes, and then a dispensation may be given by God even from the first precepts of the natural law, for the sake of signifying or showing some Divine mystery, as instanced in the dispensation vouchsafed to Abraham in the slaying of his innocent son. Such dispensations, however, are not granted to all generally, but to certain individual persons, as also happens in regard to miracles. Accordingly, if the indissolubility of marriage is contained among the first precepts of the natural law, it could only be a matter of dispensation in this second way; but, if it be one of the second precepts of the natural law, it could be a matter of dispensation even in the first way. Now it would seem to belong rather to the secondary precepts of the natural law. For the indissolubility of marriage is not directed to the good of the offspring, which is the principal end of marriage, except in so far as parents have to provide for their children for their whole life, by due preparation of those things that are necessary in life. Now this preparation does not pertain to the first intention of nature, in respect of which all things are common. And therefore it would seem that to put away one's wife is not contrary to the first intention of nature, and consequently that it is contrary not to the first but to the second precepts of the natural law. Therefore, seemingly, it can be a matter of dispensation even in the first way.

  Reply to Objection 1: The good of the offspring, in so far as it belongs to the first intention of nature, includes procreation, nourishment, and instruction, until the offspring comes to perfect age. But that provision be made for the children by bequeathing to them the inheritance or other goods belongs seemingly to the second intention of the natural law.

  Reply to Objection 2: To have a concubine is contrary to the good of the offspring, in respect of nature's first intention in that good, namely the rearing and instruction of the child, for which purpose it is necessary that the parents remain together permanently; which is not the case with a concubine, since she is taken for a time. Hence the comparison fails. But in respect of nature's second intention, even the having of a concubine may be a matter of dispensation as evidenced by Osee 1.

  Reply to Objection 3: Although indissolubility belongs to the second intention of marriage as fulfilling an office of nature, it belongs to its first intention as a sacrament of the Church. Hence, from the moment it was made a sacrament of the Church, as long as it remains such it cannot be a matter of dispensation, except perhaps by the second kind of dispensation.

Article: 3 

Whether it was lawful to divorce a wife under the Mosaic law?

  Objection 1: It would seem that it was lawful to divorce a wife under the Mosaic law. For one way of giving consent is to refrain from prohibiting when one can prohibit. It is also unlawful to consent to what is unlawful. Since then the Mosaic law did not forbid the putting away of a wife and did no wrong by not forbidding it, for "the law . . . is holy" (Rm. 7:12), it would seem that divorce was at one time lawful.

  Objection 2: Further, the prophets spoke inspired by the Holy Ghost, according to 2 Pt. 1:21. Now it is written (Malachi 2:16): "When thou shalt hate her, put her away." Since then that which the Holy Ghost inspires is not unlawful, it would seem that it was not always unlawful to divorce a wife.

  Objection 3: Further, Chrysostom [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] says that even as the apostles permitted second marriages, so Moses allowed the bill of divorce. But second marriages are not sinful. Therefore neither was it sinful under the Mosaic law to divorce a wife.

  Objection 4: On the contrary, our Lord said (Mt. 19:8) that Moses granted the Jews the bill of divorce by reason of the hardness of their heart. But their hardness of heart did not excuse them from sin. Neither therefore did the law about the bill of divorce.

  Objection 5: Further, Chrysostom says [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] that "Moses, by granting the bill of divorce, did not indicate the justice of God, but deprived their sin of its guilt, for while the Jews acted as though they were keeping the law, their sin seemed to be no sin."

  I answer that, on this point there are two opinions. For some say that under the Law those who put away their wives, after giving them a bill of divorce, were not excused from sin, although they were excused from the punishment which they should have suffered according to the Law: and that for this reason Moses is stated to have permitted the bill of divorce. Accordingly they reckon four kinds of permission: one by absence of precept, so that when a greater good is not prescribed, a lesser good is said to be permitted: thus the Apostle by not prescribing virginity, permitted marriage (1 Cor. 7). The second is by absence of prohibition: thus venial sins are said to be permitted because they are not forbidden. The third is by absence of prevention, and thus all sins are said to be permitted by God, in so far as He does not prevent them whereas He can. The fourth is by omission of punishment, and in this way the bill of divorce was permitted in the Law, not indeed for the sake of obtaining a greater good, as was the dispensation to have several wives, but for the sake of preventing a greater evil, namely wife-murder to which the Jews were prone on account of the corruption of their irascible appetite. Even so they were allowed to lend money for usury to strangers, on account of corruption in their concupiscible appetite, lest they should exact usury of their brethren; and again on account of the corruption of suspicion in the reason they were allowed the sacrifice of jealousy, lest mere suspicion should corrupt their judgment. But because the Old Law, though it did not confer grace, was given that it might indicate sin, as the saints are agreed in saying, others are of opinion that if it had been a sin for a man to put away his wife, this ought to have been indicated to him, at least by the law or the prophets: "Show My people their wicked doings" (Is. 58:1): else they would seem to have been neglected, if those things which are necessary for salvation and which they knew not were never made known to them: and this cannot be admitted, because the righteousness of the Law observed at the time of the Law would merit eternal life. For this reason they say that although to put away one's wife is wrong in itself, it nevertheless became lawful by God's permitting it, and they confirm this by the authority of Chrysostom, who says [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] that "the Lawgiver by permitting divorce removed the guilt from the sin." Although this opinion has some probability the former is more generally held: wherefore we must reply to the arguments on both sides [*Cf. FS, Question [105], Article [4], ad 8; FS, Question [108], Article [3], ad 2; Contra Gentes iii, cap. 123].

  Reply to Objection 1: He who can forbid, sins not by omitting to forbid if he has no hope of correcting, but fears by forbidding to furnish the occasion of a greater evil. Thus it happened to Moses: wherefore acting on Divine authority he did not forbid the bill of divorce.

  Reply to Objection 2: The prophets, inspired by the Holy Ghost, said that a wife ought to be put away, not as though this were a command of the Holy Ghost, but as being permitted lest greater evils should be perpetrated.

  Reply to Objection 3: This likeness of permission must not be applied to every detail, but only to the cause which was the same in both cases, since both permissions were granted in order to avoid some form of wickedness.

  Reply to Objection 4: Although their hardness of heart excused them not from sin, the permission given on account of that hardness excused them. For certain things are forbidden those who are healthy in body, which are not forbidden the sick, and yet the sick sin not by availing themselves of the permission granted to them.

  Reply to Objection 5: A good may be omitted in two ways. First, in order to obtain a greater good, and then the omission of that good becomes virtuous by being directed to a greater good; thus Jacob rightly omitted to have only one wife, on account of the good of the offspring. In another way a good is omitted in order to avoid a greater evil, and then if this is done with the authority of one who can grant a dispensation, the omission of that good is not sinful, and yet it does not also become virtuous. In this way the indissolubility of marriage was suspended in the law of Moses in order to avoid a greater evil, namely wife-murder. Hence Chrysostom says that "he removed the guilt from the sin." For though divorce remained inordinate, for which reason it is called a sin, it did not incur the debt of punishment, either temporal or eternal, in so far as it was done by Divine permission: and thus its guilt was taken away from it. And therefore he says again [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] that "divorce was permitted, an evil indeed, yet lawful." Those who hold the first opinion understand by this only that divorce incurred the debt of temporal punishment.
 
Article: 4 

Whether it was lawful for a divorced wife to have another husband?

  Objection 1: It would seem that it was lawful for a divorced wife to have another husband. For in divorce the husband did a greater wrong by divorcing his wife than the wife by being divorced. But the husband could, without sin, marry another wife. Therefore the wife could without sin, marry another husband.

  Objection 2: Further, Augustine, speaking about bigamy, says (De Bono Conjug. xv, xviii) that "when it was the manner it was no sin." Now at the time of the Old Law it was the custom for a wife after divorce to marry another husband: "When she is departed and marrieth another husband," etc. Therefore the wife sinned not by marrying another husband.

  Objection 3: Further, our Lord showed that the justice of the New Testament is superabundant in comparison with the justice of the Old Testament (Mt. 5). Now He said that it belongs to the superabundant justice of the New Testament that the divorced wife marry not another husband (Mt. 5:32). Therefore it was lawful in the Old Law.

  Objection 4: On the contrary, are the words of Mt. 5:32, "He that shall marry her that is put away committeth adultery." Now adultery was never permitted in the Old Law. Therefore it was not lawful for the divorced wife to have another husband.

  Objection 5: Further, it is written (Dt. 24:3) that a divorced woman who marries another husband "is defiled, and is become abominable before the Lord." Therefore she sinned by marrying another husband.

  I answer that, According to the first above mentioned opinion (Article [3]), she sinned by marrying another husband after being divorced, because her first marriage still held good. For "the woman . . . whilst her husband liveth, is bound to the law of her husband" (Rm. 7:2): and she could not have several husbands at one time. But according to the second opinion, just as it was lawful by virtue of the Divine dispensation for a husband to divorce his wife, so could the wife marry another husband, because the indissolubility of marriage was removed by reason of the divine dispensation: and as long as that indissolubility remains the saying of the Apostle holds.

   Accordingly to reply to the arguments on either side:

  Reply to Objection 1: It was lawful for a husband to have several wives at one time by virtue of the divine dispensation: wherefore having put one away he could marry another even though the former marriage were not dissolved. But it was never lawful for a wife to have several husbands. Wherefore the comparison fails.

  Reply to Objection 2: In this saying of Augustine manner [mos] does not signify custom but good manners; in the same sense a person is said to have manners [morigeratus] because he has good manners; and "moral" philosophy takes its name from the same source.

  Reply to Objection 3: Our Lord shows the superabundance of the New Law over the Old in respect of the counsels, not only as regards those things which the Old Law permitted, but also as regards those things which were forbidden in the Old Law, and yet were thought by many to be permitted on account of the precepts being incorrectly explained---for instance that of the hatred towards our enemies. and so is it in the matter of divorce.

  Reply to Objection 4: The saying of our Lord refers to the time of the New Law, when the aforesaid permission was recalled. In the same way we are to understand the statement of Chrysostom [*Hom. xii in the Opus Imperfectum falsely ascribed to St. John Chrysostom], who says that "a man who divorces his wife according to the law is guilty of four crimes: for in God's sight he is a murderer," in so far as he has the purpose of killing his wife unless he divorce her; "and because he divorces her without her having committed fornication," in which case alone the law of the Gospel allows a man to put away his wife; "and again, because he makes her an adulteress, and the man whom she marries an adulterer."

  Reply to Objection 5: A gloss observes here: "She is defiled and abominable, namely in the judgment of him who first put her away as being defiled," and consequently it does not follow that she is defiled absolutely speaking; or she is said to be defiled just as a person who had touched a dead or leprous body was said to be unclean with the uncleanness, not of sin, but of a certain legal irregularity. Wherefore a priest could not marry a widow or a divorced woman.
 
Article: 5

Whether a husband could lawfully take back the wife he had divorced?

  Objection 1: It would seem that a husband could lawfully take back the wife he had divorced. For it is lawful to undo what was ill done. But for the husband to divorce his wife was ill done. Therefore it was lawful for him to undo it, by taking back his wife.

  Objection 2: Further, it has always been lawful to be indulgent to the sinner, because this is a moral precept, which obtains in every law. Now the husband by taking back the wife he had divorced was indulgent to one who had sinned. Therefore this also was lawful.

  Objection 3: Further, the reason given (Dt. 24:4) for its being unlawful to take back a divorced wife was "because she is defiled." But the divorced wife is not defiled except by marrying another husband. Therefore at least it was lawful to take back a divorced wife before she married again.

  On the contrary, It is said (Dt. 24:4) that "the former husband cannot take her again," etc.

  I answer that, In the law concerning the bill of divorce two things were permitted, namely for the husband to put away the wife, and for the divorced wife to take another husband; and two things were commanded, namely that the bill of divorce should be written, and secondly that the husband who divorced his wife could not take her back. According to those who hold the first opinion (Article [3]) this was done in punishment of the woman who married again, and that it was by this sin that she was defiled: but according to the others it was done that a husband might not be too ready to divorce his wife if he could nowise take her back afterwards.

  Reply to Objection 1: In order to prevent the evil committed by a man in divorcing his wife, it was ordered that the husband could not take back his divorced wife, as stated above: and for this reason it was ordered by God.

  Reply to Objection 2: It was always lawful to be indulgent to the sinner as regards the unkindly feelings of the heart, but not as regards the punishment appointed by God.

  Reply to Objection 3: There are two opinions on this point. For some say that it was lawful for a divorced wife to be reconciled to her husband, unless she were joined in marriage to another husband. For then, on account of the adultery to which she had voluntarily yielded, it was assigned to her in punishment that she should not return to her former husband. Since, however, the law makes no distinction in its prohibition, others say that from the moment that she was put away she could not be taken back, even before marrying again, because the defilement must be understood not in reference to sin, but as explained above (Article [4], ad 3).
 
Article: 6 

Whether the reason for divorce was hatred for the wife?

  Objection 1: It would seem that the reason for divorce was hatred for the wife. For it is written (Malachi 2:16): "When thou shalt hate her put her away." Therefore, etc.

  Objection 2: Further, it is written (Dt. 24:1): "If . . . she find not favor in his eyes, for some uncleanness," etc. Therefore the same conclusion follows as before.

  Objection 3: On the contrary, Barrenness and fornication are more opposed to marriage than hatred. Therefore they ought to have been reasons for divorce rather than hatred.

  Objection 4: Further, hatred may be caused by the virtue of the person hated. Therefore, if hatred is a sufficient reason, a woman could be divorced on account of her virtue, which is absurd.

  Objection 5: Further, "If a man marry a wife and afterwards hate her, and seek occasions to put her away"* alleging that she was not a virgin when he married her, should he fail to prove this, he shall be beaten, and shall be condemned in a hundred sicles of silver, and he shall be unable to put her away all the days of his life (Dt. 22:13-19). [*The rest of the passage is apparently quoted from memory.] Therefore hatred is not a sufficient reason for divorce.

  I answer that, It is the general opinion of holy men that the reason for permission being given to divorce a wife was the avoidance of wife-murder. Now the proximate cause of murder is hatred: wherefore the proximate cause of divorce was hatred. But hatred proceeds, like love, from a cause. Wherefore we must assign to divorce certain remote causes which were a cause of hatred. For Augustine says in his gloss (De Serm. Dom. in Monte i, 14): "In the Law there were many causes for divorcing a wife: Christ admitted none but fornication: and He commands other grievances to be borne for conjugal fidelity and chastity." Such causes are imperfections either of body, as sickness or some notable deformity, or in soul as fornication or the like which amounts to moral depravity. Some, however, restrict these causes within narrower limits, saying with sufficient probability that it was not lawful to divorce a wife except for some cause subsequent to the marriage; and that not even then could it be done for any such cause, but only for such as could hinder the good of the offspring, whether in body as barrenness, or leprosy and the like, or in soul, for instance if she were a woman of wicked habits which her children through continual contact with her would imitate. There is however a gloss on Dt. 24:1, "If . . . she find not favor in his eyes," which would seem to restrict them yet more, namely to sin, by saying that there "uncleanness" denotes sin: but "sin" in the gloss refers not only to the morality of the soul but also to the condition of the body. Accordingly we grant the first two objections.

  Reply to Objection 3: Barrenness and other like things are causes of hatred, and so they are remote causes of divorce.

  Reply to Objection 4: No one is hateful on account of virtue as such, because goodness is the cause of love. Wherefore the argument does not hold.

  Reply to Objection 5: The husband was punished in that case by being unable to put away his wife for ever, just as in the case when he had corrupted a maid (Dt. 22:28-30).

Article: 7 

Whether the causes of divorce had to be written in the bill?

  Objection 1: It would seem that the causes of divorce had to be written in the bill: because the husband was absolved from the punishment of the law by the written bill of divorce. But this would seem altogether unjust, unless sufficient causes were alleged for a divorce. Therefore it was necessary for them to be written in the bill.

  Objection 2: Further, seemingly this document was of no use except to show the causes for divorce. Therefore, if they were not written down, the bill was delivered for no purpose.

  Objection 3: Further, the Master says that it was so in the text (Sent. iv, D, 33).

  On the contrary, The causes for divorce were either sufficient or not. If they were sufficient, the wife was debarred from a second marriage, though this was allowed her by the Law. If they were insufficient, the divorce was proved to be unjust, and therefore could not be effected. Therefore the causes for divorce were by no means particularized in the bill.

  I answer that, The causes for divorce were not particularized in the bill, but were indicated in a general way, so as to prove the justice of the divorce. According to Josephus (Antiq. iv, 6) this was in order that the woman, having the written bill of divorce, might take another husband, else she would not have been believed. Wherefore according to him it was written in this wise: "I promise never to have thee with me again." But according to Augustine (Contra Faust. xix, 26) the bill was put into writing in order to cause a delay, and that the husband might be dissuaded by the counsel of the notaries to refrain from his purpose of divorce.

   This suffices for the Replies to the Objections.

Question: 68  OF ILLEGITIMATE CHILDREN (THREE ARTICLES)

   We must now consider children of illegitimate birth. Under this head there are three points of inquiry:

    (1) Whether those born out of true marriage are illegitimate?

    (2) Whether children should suffer any loss through being illegitimate?

    (3) Whether they can be legitimized?
 
Article: 1  

Whether children born out of true marriage are illegitimate?

  Objection 1: It would seem that children born out of true marriage are legitimate. For he that is born according to law is called a legitimate son. Now everyone is born according to law, at least the law of nature, which has more force than any other. Therefore every child is to be called legitimate.

  Objection 2: Further, it is the common saying that a legitimate child is one born of a legitimate marriage, or of a marriage that is deemed legitimate in the eyes of the Church. Now it happens sometimes that a marriage is deemed legitimate in the eyes of the Church, whereas there is some impediment affecting its validity; which impediment may be known to the parties who marry in the presence of the Church: or they may marry in secret and be ignorant of the impediment, in which case their marriage would seem legitimate in the eyes of the Church, for the very reason that it is not prevented by the Church. Therefore children born out of true marriage are not illegitimate.

  On the contrary, Illegitimate is that which is against the law. Now those who are born out of wedlock are born contrary to the law. Therefore they are illegitimate.

  I answer that, Children are of four conditions. Some are natural and legitimate, for instance those who are born of a true and lawful marriage; some are natural and illegitimate, as those who are born of fornication; some are legitimate and not natural, as adopted children; some are neither legitimate nor natural; such are those born of adultery or incest, for these are born not only against the positive law, but against the express natural law. Hence we must grant that some children are illegitimate.

  Reply to Objection 1: Although those who are born of an unlawful intercourse are born according to the nature common to man and all animals, they are born contrary to the law of nature which is proper to man: since fornication, adultery, and the like are contrary to the law of nature. Hence the like are not legitimate by any law.

  Reply to Objection 2: Ignorance, unless it be affected, excuses unlawful intercourse from sin. Wherefore those who contract together in good faith in the presence of the Church, although there be an impediment, of which however they are ignorant, sin not, nor are their children illegitimate. If, however, they know of the impediment, although the Church upholds their marriage because she knows not of the impediment, they are not excused from sin, nor do their children avoid being illegitimate. Neither are they excused if they know not of the impediment and marry secretly, because such ignorance would appear to be affected.
 
Article: 2 

Whether children should suffer any loss through being illegitimate?

  Objection 1: It would seem that children ought not to suffer any loss through being illegitimate. For a child should not be punished on account of his father's sin, according to the Lord's saying (Ezech. 18:20). But it is not his own but his father's fault that he is born of an unlawful union. Therefore he should not incur a loss on this account.

  Objection 2: Further, human justice is copied from Divine. Now God confers natural goods equally on legitimate and illegitimate children. Therefore illegitimate should be equalled to legitimate children according to human laws.

  On the contrary, It is stated (Gn. 25:5,6) that "Abraham gave all his possessions to Isaac, and that to the children of the concubines he gave gifts": and yet the latter were not born of an unlawful intercourse. Much more, therefore, ought those born of an unlawful intercourse to incur loss by not inheriting their father's property.

  I answer that, A person is said to incur a loss for some cause in two ways: First, because he is deprived of his due, and thus an illegitimate child incurs no loss. Secondly, because something is not due to him, which might have been due otherwise, and thus an illegitimate son incurs a twofold loss. First because he is excluded from legitimate acts such as offices and dignities, which require a certain respectability in those who perform them. Secondly, he incurs a loss by not succeeding to his father's inheritance. Nevertheless natural sons can inherit a sixth only, whereas spurious children cannot inherit any portion, although by natural law their parents are bound to provide for their needs. Hence it is part of a bishop's care to compel both parents to provide for them.

  Reply to Objection 1: To incur a loss in this second way is not a punishment. Hence we do not say that a person is punished by not succeeding to the throne through not being the king's son. In like manner it is no punishment to an illegitimate child that he has no right to that which belongs to the legitimate children.

  Reply to Objection 2: Illegitimate intercourse is contrary to the law, not as an act of the generative power, but as proceeding from a wicked will. Hence an illegitimate son incurs a loss, not in those things which come to him by his natural origin, but in those things which are dependent on the will for being done or possessed.
 
Article: 3 

Whether an illegitimate son can be legitimized?

  Objection 1: It would seem that an illegitimate son cannot be legitimized. For the legitimate child is as far removed from the illegitimate as the illegitimate from the legitimate. But a legitimate child is never made illegitimate. Neither, therefore, is an illegitimate child ever made legitimate.

  Objection 2: Further, illegitimate intercourse begets an illegitimate child. But illegitimate intercourse never becomes legitimate. Neither, therefore, can an illegitimate son become legitimate.

  On the contrary, What is done by the law can be undone by the law. Now the illegitimacy of children is an effect of positive law. Therefore an illegitimate child can be legitimized by one who has legal authority.

  I answer that, An illegitimate child can be legitimized, not so that he be born of a legitimate intercourse, because this intercourse is a thing of the past and can never be legitimized from the moment that it was once illegitimate. But the child is said to be legitimized, in so far as the losses which an illegitimate child ought to incur are withdrawn by the authority of the law.

   There are six ways of becoming legitimate: two according to the canons (Cap. Conquestus; Cap. Tanta), namely when a man marries the woman of whom he has an unlawful child (if it were not a case of adultery), and by special indulgence and dispensation of the lord Pope. The other four ways are according to the laws: (1) If the father offer his natural son to the emperor's court, for by this very fact the son is legitimate on account of the reputation of the court; (2) if the father designate him in his will as his legitimate heir, and the son afterwards offer the will to the emperor; (3) if there be no legitimate son and the son himself offer himself to the emperor; (4) if the father designate him as legitimate in a public document or in a document signed by three witnesses, without calling him natural.

  Reply to Objection 1: A favor may be bestowed on a person without injustice, but a person cannot be damnified except for a fault. Hence an illegitimate child can be legitimized rather than "vice versa"; for although a legitimate son is sometimes deprived of his inheritance on account of his fault, he is not said to be illegitimate, because he was legitimately begotten.

  Reply to Objection 2: Illegitimate intercourse has an inherent inseparable defect whereby it is opposed to the law: and consequently it cannot be legitimized. Nor is there any comparison with an illegitimate child who has no such defect.

TREATISE ON THE RESURRECTION (Questions [69]-86)

Question: 69  OF MATTERS CONCERNING THE RESURRECTION, AND FIRST OF THE PLACE WHERE SOULS ARE AFTER DEATH (SEVEN ARTICLES)

   In sequence to the foregoing we must treat of matters concerning the state of resurrection: for after speaking of the sacraments whereby man is delivered from the death of sin, we must next speak of the resurrection whereby man is delivered from the death of punishment. The treatise on the resurrection offers a threefold consideration, namely the things that precede, those that accompany, and those that follow the resurrection. Consequently we must speak (1) of those things which partly, though not wholly, precede the resurrection; (2) of the resurrection itself and its circumstances; (3) of the things which follow it.

   Among the things which precede the resurrection we must consider (1) the places appointed for the reception of bodies after death; (2) the quality of separated souls, and the punishment inflicted on them by fire; (3) the suffrages whereby the souls of the departed are assisted by the living; (4) the prayers of the saints in heaven; (5) the signs preceding the general judgment; (6) the fire of the world's final conflagration which will precede the appearance of the Judge.

   Under the first head there are seven points of inquiry:

    (1) Whether any places are appointed to receive souls after death?

    (2) Whether souls are conveyed thither immediately after death?

    (3) Whether they are able to leave those places?

    (4) Whether the limbo of hell is the same as Abraham's bosom?

    (5) Whether limbo is the same as the hell of the damned?

    (6) Whether the limbo of the patriarchs is the same as the limbo of children?

    (7) Whether so many places should be distinguished?

Article: 1 

Whether places are appointed to receive souls after death?

  Objection 1: It would seem that places are not appointed to receive souls after death. For as Boethius says (De Hebdom.): "Wise men are agreed that incorporeal things are not in a place," and this agrees with the words of Augustine (Gen. ad lit. xii, 32): "We can answer without hesitation that the soul is not conveyed to corporeal places, except with a body, or that it is not conveyed locally." Now the soul separated from the body is without a body, as Augustine also says (Gen. ad lit. xii, 32). Therefore it is absurd to assign any places for the reception of souls.

  Objection 2: Further, whatever has a definite place has more in common with that place than with any other. Now separated souls, like certain other spiritual substances, are indifferent to all places; for it cannot be said that they agree with certain bodies, and differ from others, since they are utterly removed from all corporeal conditions. Therefore places should not be assigned for their reception.

  Objection 3: Further, nothing is assigned to separated souls after death, except what conduces to their punishment or to their reward. But a corporeal place cannot conduce to their punishment or reward, since they receive nothing from bodies. Therefore definite places should not be assigned to receive them.

  On the contrary, The empyrean heaven is a corporeal place, and yet as soon as it was made it was filled with the holy angels, as Bede [*Hexaem. i, ad Gn. 1:2] says. Since then angels even as separated souls are incorporeal, it would seem that some place should also be assigned to receive separated souls.

   Further, this appears from Gregory's statement (Dial. iv) that souls after death are conveyed to various corporeal places, as in the case of Paschasius whom Germanus, Bishop of Capua, found at the baths, and of the soul of King Theodoric, which he asserts to have been conveyed to hell. Therefore after death souls have certain places for their reception.

  I answer that, Although spiritual substances do not depend on a body in respect of their being, nevertheless the corporeal world is governed by God by means of the spiritual world, as asserted by Augustine (De Trin. iii, 4) and Gregory (Dial. iv, 6). Hence it is that there is a certain fittingness by way of congruity of spiritual substances to corporeal substances, in that the more noble bodies are adapted to the more noble substances: wherefore also the philosophers held that the order of separate substances is according to the order of movables. And though after death souls have no bodies assigned to them whereof they be the forms or determinate motors, nevertheless certain corporeal places are appointed to them by way of congruity in reference to their degree of nobility (wherein they are as though in a place, after the manner in which incorporeal things can be in a place), according as they more or less approach to the first substance (to which the highest place it fittingly assigned), namely God, whose throne the Scriptures proclaim heaven to be (Ps. 102:19, Is. 66:1). Wherefore we hold that those souls that have a perfect share of the Godhead are in heaven, and that those souls that are deprived of that share are assigned to a contrary place.

  Reply to Objection 1: Incorporeal things are not in place after a manner known and familiar to us, in which way we say that bodies are properly in place; but they are in place after a manner befitting spiritual substances, a manner that cannot be fully manifest to us.

  Reply to Objection 2: Things have something in common with or a likeness to one another in two ways. First, by sharing a same quality: thus hot things have something in common, and incorporeal things can have nothing in common with corporeal things in this way. Secondly, by a kind of proportionateness, by reason of which the Scriptures apply the corporeal world to the spiritual metaphorically. Thus the Scriptures speak of God as the sun, because He is the principle of spiritual life, as the sun is of corporeal life. In this way certain souls have more in common with certain places: for instance, souls that are spiritually enlightened, with luminous bodies, and souls that are plunged in darkness by sin, with dark places.

  Reply to Objection 3: The separated soul receives nothing directly from corporeal places in the same way as bodies which are maintained by their respective places: yet these same souls, through knowing themselves to be appointed to such places, gather joy or sorrow therefrom; and thus their place conduces to their punishment or reward.
 
Article: 2 

Whether souls are conveyed to heaven or hell immediately after death?

  Objection 1: It would seem that no souls are conveyed to heaven or hell immediately after death. For a gloss on Ps. 36:10, "Yet a little while and the wicked shall not be," says that "the saints are delivered at the end of life; yet after this life they will not yet be where the saints will be when it is said to them: Come ye blessed of My Father." Now those saints will be in heaven. Therefore after this life the saints do not go immediately up to heaven.

  Objection 2: Further, Augustine says (Enchiridion cix) that "the time which lies between man's death and the final resurrection holds the souls in secret receptacles according as each one is worthy of rest or of suffering." Now these secret abodes cannot denote heaven and hell, since also after the final resurrection the souls will be there together with their bodies: so that he would have no reason to distinguish between the time before and the time after the resurrection. Therefore they will be neither in hell nor in heaven until the day of judgment.

  Objection 3: Further, the glory of the soul is greater than that of bodies. Now the glory of the body is awarded to all at the same time, so that each one may have the greater joy in the common rejoicing of all, as appears from a gloss on Heb. 11:40, "God providing some better thing for us---that the common joy may make each one rejoice the more." Much more, therefore, ought the glory of souls to be deferred until the end, so as to be awarded to all at the same time.

  Objection 4: Further, punishment and reward, being pronounced by the sentence of the judge, should not precede the judgment. Now hell fire and the joys of heaven will be awarded to all by the sentence of Christ judging them, namely at the last judgment, according to Mt. 25. Therefore no one will go up to heaven or down to hell before the day of judgment.

  On the contrary, It is written (2 Cor. 5:1): "If our earthly house of this habitation be dissolved, that we have . . . a house not made with hands, but reserved in heaven [*Vulg.: 'eternal in heaven'; cf. 1 Pt. 1:4]." Therefore, after the body's dissolution, the soul has an abode, which had been reserved for it in heaven.

   Further, the Apostle says (Phil. 1:23): "I desire [Vulg.: 'Having a desire'] to be dissolved and to be with Christ." From these words Gregory argues as follows (Dial. iv, 25): "If there is no doubt that Christ is in heaven, it cannot be denied that Paul's soul is in heaven likewise." Now it cannot be gainsaid that Christ is in heaven, since this is an article of faith. Therefore neither is it to be denied that the souls of the saints are borne to heaven. That also some souls go down to hell immediately after death is evident from Lk. 16:22, "And the rich man died, and he was buried in hell."

  I answer that, Even as in bodies there is gravity or levity whereby they are borne to their own place which is the end of their movement, so in souls there is merit or demerit whereby they reach their reward or punishment, which are the ends of their deeds. Wherefore just as a body is conveyed at once to its place, by its gravity or levity, unless there be an obstacle, so too the soul, the bonds of the flesh being broken, whereby it was detained in the state of the way, receives at once its reward or punishment, unless there be an obstacle. Thus sometimes venial sin, though needing first of all to be cleansed, is an obstacle to the receiving of the reward; the result being that the reward is delayed. And since a place is assigned to souls in keeping with their reward or punishment, as soon as the soul is set free from the body it is either plunged into hell or soars to heaven, unless it be held back by some debt, for which its flight must needs be delayed until the soul is first of all cleansed. This truth is attested by the manifest authority of the canonical Scriptures and the doctrine of the holy Fathers; wherefore the contrary must be judged heretical as stated in Dial. iv, 25, and in De Eccl. Dogm. xlvi.

  Reply to Objection 1: The gloss explains itself: for it expounds the words, "They will not yet be where the saints will be," etc., by saying immediately afterwards: "That is to say, they will not have the double stole which the saints will have at the resurrection."

  Reply to Objection 2: Among the secret abodes of which Augustine speaks, we must also reckon hell and heaven, where some souls are detained before the resurrection. The reason why a distinction is drawn between the time before and the time after the resurrection is because before the resurrection they are there without the body whereas afterwards they are with the body, and because in certain places there are souls now which will not be there after the resurrection.

  Reply to Objection 3: There is a kind of continuity among men as regards the body, because in respect thereof is verified the saying of Acts 17:24,26, "God . . . hath made of one all mankind": whereas He has fashioned souls independently of one another. Consequently it is not so fitting that all men should be glorified together in the soul as that they should be glorified together in the body. Moreover the glory of the body is not so essential as the glory of the soul; wherefore it would be more derogatory to the saints if the glory of the soul were delayed, than that the glory of the body be deferred: nor could this detriment to their glory be compensated on account of the joy of each one being increased by the common joy.

  Reply to Objection 4: Gregory proposes and solves this very difficulty (Dial. iv, 25): "If then," he says, "the souls of the just are in heaven now, what will they receive in reward for their justice on the judgment day?" And he answers: "Surely it will be a gain to them at the judgment, that whereas now they enjoy only the happiness of the soul, afterwards they will enjoy also that of the body, so as to rejoice also in the flesh wherein they bore sorrow and torments for the Lord." The same is to be said in reference to the damned.
 
Article: 3  

Whether the souls who are in heaven or hell are able to go from thence?

  Objection 1: It would seem that the souls in heaven or hell are unable to go from thence. For Augustine says (De Cura pro Mort. xiii): "If the souls of the dead took any part in the affairs of the living, to say nothing of others, there is myself whom not for a single night would my loving mother fail to visit since she followed me by land and sea in order to abide with me": and from this he concludes that the souls of the departed do not mingle in the affairs of the living. But they would be able to do so if they were to leave their abode. Therefore they do not go forth from their abode.

  Objection 2: Further, it is written (Ps. 26:4): "That I may dwell in the house of the Lord all the days of my life," and (Job 7:9): "He that shall go down to hell shall not come up." Therefore neither the good nor the wicked quit their abode.

  Objection 3: Further, as stated above (Article [2]), abodes are awarded to souls after death as a reward or punishment. Now after death neither the rewards of the saints nor the punishments of the damned are increased. Therefore they do not quit their abodes.

  On the contrary, Jerome writing against Vigilantius addresses him thus: "For thou sayest that the souls of the apostles and martyrs have taken up their abode either in Abraham's bosom or in the place of refreshment, or under the altar of God, and that they are unable to visit their graves when they will. Wouldst thou then lay down the law for God? Wouldst thou put the apostles in chains, imprison them until the day of judgment, and forbid them to be with their lord, them of whom it is written: They follow the Lamb whithersoever He goeth? And if the Lamb is everywhere, therefore we must believe that those also who are with Him are everywhere." Therefore it is absurd to say that the souls of the departed do not leave their abode.

   Further, Jerome argues as follows: "Since the devil and the demons wander throughout the whole world, and are everywhere present with wondrous speed, why should the martyrs, after shedding their blood be imprisoned and unable to go forth?" Hence we may infer that not only the good sometimes leave their abode, but also the wicked, since their damnation does not exceed that of the demons who wander about everywhere.

   Further, the same conclusion may be gathered from Gregory (Dial. iv), where he relates many cases of the dead having appeared to the living.

  I answer that, There are two ways of understanding a person to leave hell or heaven. First, that he goes from thence simply, so that heaven or hell be no longer his place: and in this way no one who is finally consigned to hell or heaven can go from thence, as we shall state further on (Question [71], Article [5], ad 5). Secondly, they may be understood to go forth for a time: and here we must distinguish what befits them according to the order of nature, and what according to the order of Divine providence; for as Augustine says (De Cura pro Mort. xvi): "Human affairs have their limits other than have the wonders of the Divine power, nature's works differ from those which are done miraculously." Consequently, according to the natural course, the separated souls consigned to their respective abodes are utterly cut off from communication with the living. For according to the course of nature men living in mortal bodies are not immediately united to separate substances, since their entire knowledge arises from the senses: nor would it be fitting for them to leave their abode for any purpose other than to take part in the affairs of the living. Nevertheless, according to the disposition of Divine providence separated souls sometimes come forth from their abode and appear to men, as Augustine, in the book quoted above, relates of the martyr Felix who appeared visibly to the people of Nola when they were besieged by the barbarians. It is also credible that this may occur sometimes to the damned, and that for man's instruction and intimidation they be permitted to appear to the living; or again in order to seek our suffrages, as to those who are detained in purgatory, as evidenced by many instances related in the fourth book of the Dialogues. There is, however, this difference between the saints and the damned, that the saints can appear when they will to the living, but not the damned; for even as the saints while living in the flesh are able by the gifts of gratuitous grace to heal and work wonders, which can only be done miraculously by the Divine power, and cannot be done by those who lack this gift, so it is not unfitting for the souls of the saints to be endowed with a power in virtue of their glory, so that they are able to appear wondrously to the living, when they will: while others are unable to do so unless they be sometimes permitted.

  Reply to Objection 1: Augustine, as may be gathered from what he says afterwards, is speaking according to the common course of nature, And yet it does not follow, although the dead be able to appear to the living as they will, that they appear as often as when living in the flesh: because when they are separated from the flesh, they are either wholly conformed to the divine will, so that they may do nothing but what they see to be agreeable with the Divine disposition, or else they are so overwhelmed by their punishments that their grief for their unhappiness surpasses their desire to appear to others.

  Reply to Objection 2: The authorities quoted speak in the sense that no one comes forth from heaven or hell simply, and do not imply that one may not come forth for a time.

  Reply to Objection 3: As stated above (Article [1], ad 3) the soul's place conduces to its punishment or reward in so far as the soul, through being consigned to that place, is affected either by joy or by grief. Now this joy or grief at being consigned to such a place remains in the soul even when it is outside that place. Thus a bishop who is given the honor of sitting on a throne in the church incurs no dishonor when he leaves the throne, for though he sits not therein actually, the place remains assigned to him.

   We must also reply to the arguments in the contrary sense.

  Reply to Objection 4: Jerome is speaking of the apostles and martyrs in reference to that which they gain from their power of glory, and not to that which befits them as due to them by nature. And when he says that they are everywhere, he does not mean that they are in several places or everywhere at once, but that they can be wherever they will.

  Reply to Objection 5: There is no parity between demons and angels on the one hand and the souls of the saints and of the damned on the other. For the good or bad angels have allotted to them the office of presiding over men, to watch over them or to try them; but this cannot be said of the souls of men. Nevertheless, according to the power of glory, it is competent to the souls of the saints that they can be where they will; and this is what Jerome means to say.

  Reply to Objection 6: Although the souls of the saints or of the damned are sometimes actually present where they appear, we are not to believe that this is always so: for sometimes these apparitions occur to persons whether asleep or awake by the activity of good or wicked angels in order to instruct or deceive the living. Thus sometimes even the living appear to others and tell them many things in their sleep; and yet it is clear that they are not present, as Augustine proves from many instances (De Cura pro Mort. xi, xii).
 
Article: 4 

Whether the limbo of hell is the same as Abraham's bosom?

  Objection 1: It would seem that the limbo of hell is not the same as Abraham's bosom. For according to Augustine (Gen. ad lit. xxxiii): "I have not yet found Scripture mentioning hell in a favorable sense." Now Abraham's bosom is taken in a favorable sense, as Augustine goes on to say (Gen. ad lit. xxxiii): "Surely no one would be allowed to give an unfavorable signification to Abraham's bosom and the place of rest whither the godly poor man was carried by the angels." Therefore Abraham's bosom is not the same as the limbo of hell.

  Objection 2: Further, those who are in hell see not God. Yet God is seen by those who are in Abraham's bosom, as may be gathered from Augustine (Confess. ix, 3) who, speaking of Nebridius, says: "Whatever that be, which is signified by thut bosom, there lives my Nebridius," and further on: "Now lays he not his ear to my mouth, but his spiritual mouth unto Thy fountain, and drinketh as much as he can receive wisdom in proportion to his thirst, endlessly happy." Therefore Abraham's bosom is not the same as the limbo of hell.

  Objection 3: Further, the Church prays not that a man be taken to hell: and yet she prays that the angels may carry the departed soul to Abraham's bosom. Therefore it would seem that Abraham's bosom is not the same as limbo.

  On the contrary, The place whither the beggar Lazarus was taken is called Abraham's bosom. Now he was taken to hell, for as a gloss [*St. Gregory, Moral. xx] on Job 30:23, "Where a house is appointed for every one that liveth," says: "Hell was the house of all the living until the coming of Christ." Therefore Abraham's bosom is the same as limbo.

   Further, Jacob said to his sons (Gn. 44:38): "You will bring down my grey hairs with sorrow to hell": wherefore Jacob knew that he would be taken to hell after his death. Therefore Abraham likewise was taken to hell after his death; and consequently Abraham's bosom would seem to be a part of hell.

  I answer that, After death men's souls cannot find rest save by the merit of faith, because "he that cometh to God must believe" (Heb. 11:6). Now the first example of faith was given to men in the person of Abraham, who was the first to sever himself from the body of unbelievers, and to receive a special sign of faith: for which reason "the place of rest given to men after death is called Abraham's bosom," as Augustine declares (Gen. ad lit. xii). But the souls of the saints have not at all times had the same rest after death; because, since Christ's coming they have had complete rest through enjoying the vision of God, whereas before Christ's coming they had rest through being exempt from punishment, but their desire was not set at rest by their attaining their end. Consequently the state of the saints before Christ's coming may be considered both as regards the rest it afforded, and thus it is called Abraham's bosom, and as regards its lack of rest, and thus it is called the limbo of hell. Accordingly, before Christ's coming the limbo of hell and Abraham's bosom were one place accidentally and not essentially: and consequently, nothing prevents Abraham's bosom from being after Christ's coming, and from being altogether distinct from limbo, since things that are one accidentally may be parted from one another.

  Reply to Objection 1: The state of the holy Fathers as regards what was good in it was called Abraham's bosom, but as regards its deficiencies it was called hell. Accordingly, neither is Abraham's bosom taken in an unfavorable sense nor hell in a favorable sense, although in a way they are one.

  Reply to Objection 2: The place of rest of the holy Fathers was called Abraham's bosom before as well as after Christ's coming, but in different ways. For since before Christ's coming the saints' rest had a lack of rest attached to it, it was called both hell and Abraham's bosom, wherefore God was not seen there. But since after the coming of Christ the saints' rest is complete through their seeing God, this rest is called Abraham's bosom, but not hell by any means. It is to this bosom of Abraham that the Church prays for the faithful to be brought.

   Hence the Reply to the Third Objection is evident: and the same meaning applies to a gloss on Lk. 16:22, "It came to pass that the beggar died," etc., which says: "Abraham's bosom is the rest of the blessed poor, whose is the kingdom of heaven."
 
Article: 5 

Whether limbo is the same as the hell of the damned?

  Objection 1: It would seem that the limbo of hell is the same as the hell of the damned. For Christ is said to have "bitten" [*Allusion to Osee 13:14] hell, but not to have swallowed it, because He took some from thence but not all. Now He would not be said to have "bitten" hell if those whom He set free were not part of the multitude shut up in hell. Therefore since those whom He set free were shut up in hell, the same were shut up in limbo and in hell. Therefore limbo is either the same as hell, or is a part of hell.

  Objection 2: Further, in the Creed Christ is said to have descended into hell. But he did not descend save to the limbo of the Fathers. Therefore the limbo of the Fathers is the same as hell.

  Objection 3: Further, it is written (Job 17:16): "All that I have shall go down into the deepest hell [Douay: 'pit']." Now since Job was a holy and just man, he went down to limbo. Therefore limbo is the same as the deepest hell.

  On the contrary, In hell there is no redemption [*Office of the Dead, Resp. vii]. But the saints were redeemed from limbo. Therefore limbo is not the same as hell.

   Further, Augustine says (Gen. ad lit. xii): "I do not see how we can believe that the rest which Lazarus received was in hell." Now the soul of Lazarus went down into limbo. Therefore limbo is not the same as hell.

  I answer that, The abodes of souls after death may be distinguished in two ways; either as to their situation, or as to the quality of the places, inasmuch as souls are punished or rewarded in certain places. Accordingly if we consider the limbo of the Fathers and hell in respect of the aforesaid quality of the places, there is no doubt that they are distinct, both because in hell there is sensible punishment, which was not in the limbo of the Fathers, and because in hell there is eternal punishment, whereas the saints were detained but temporally in the limbo of the Fathers. On the other hand, if we consider them as to the situation of the place, it is probable that hell and limbo are the same place, or that they are continuous as it were yet so that some higher part of hell be called the limbo of the Fathers. For those who are in hell receive diverse punishments according to the diversity of their guilt, so that those who are condemned are consigned to darker and deeper parts of hell according as they have been guilty of graver sins, and consequently the holy Fathers in whom there was the least amount of sin were consigned to a higher and less darksome part than all those who were condemned to punishment.

  Reply to Objection 1: When Christ, by His descent, delivered the Fathers from limbo, He is said to have "bitten" hell and to have descended into hell, in so far as hell and limbo are the same as to situation.

   This suffices for the Reply to the Second Objection.

  Reply to Objection 3: Job descended, not to the hell of the damned, but to the limbo of the Fathers. The latter is called the deepest place not in reference to the places of punishment, but in comparison with other places, as including all penal places under one head. Again we may reply with Augustine (Gen. ad lit. xii): who says of Jacob: "When Jacob said to his sons, 'You will bring down my grey hairs with sorrow to hell,' he seems to have feared most, lest he should be troubled with so great a sorrow as to obtain, not the rest of good men, but the hell of sinners." The saying of Job may be expounded in the same way, as being the utterance of one in fear, rather than an assertion.
 
Article: 6 

Whether the limbo of children is the same as the limbo of the Fathers?

  Objection 1: It would seem that the limbo of children is the same as the limbo of the Fathers. For punishment should correspond to sin. Now the Fathers were detained in limbo for the same sin as children, namely for original sin. Therefore the place of punishment should be the same for both.

  Objection 2: Further, Augustine says (Enchir. xciii): "The punishment of children who die in none but original sin is most lenient." But no punishment is more lenient than that of the holy Fathers. Therefore the place of punishment is the same for both.

  On the contrary, Even as temporal punishment in purgatory and eternal punishment in hell are due to actual sin, so temporal punishment in the limbo of the Fathers and eternal punishment in the limbo of the children were due to original sin. If, therefore, hell and purgatory be not the same it would seem that neither are the limbo of children and the limbo of the Fathers the same.

  I answer that, The limbo of the Fathers and the limbo of children, without any doubt, differ as to the quality of punishment or reward. For children have no hope of the blessed life, as the Fathers in limbo had, in whom, moreover, shone forth the light of faith and grace. But as regards their situation, there is reason to believe that the place of both is the same; except that the limbo of the Fathers is placed higher than the limbo of children, just as we have stated in reference to limbo and hell (Article [5]).

  Reply to Objection 1: The Fathers did not stand in the same relation to original sin as children. For in the Fathers original sin was expiated in so far as it infected the person, while there remained an obstacle on the part of nature, on account of which their satisfaction was not yet complete. On the other hand, in children there is an obstacle both on the part of the person and on the part of nature: and for this reason different abodes are appointed to the Fathers and to children.

  Reply to Objection 2: Augustine is speaking of punishments due to some one by reason of his person. Of these the most lenient are due to those who are burdened with none but original sin. But lighter still is the punishment due to those who are debarred from the reception of glory by no personal defect but only by a defect of nature, so that this very delay of glory is called a kind of punishment.
 
Article: 7  

Whether so many abodes should be distinguished?

  Objection 1: It would seem that we should not distinguish so many abodes. For after death, just as abodes are due to souls on account of sin, so are they due on account of merit. Now there is only one abode due on account of merit, namely paradise. Therefore neither should there be more than one abode due on account of sin, namely hell.

  Objection 2: Further, abodes are appointed to souls after death on account of merits or demerits. Now there is one place where they merit or demerit. Therefore only one abode should be assigned to them after death.

  Objection 3: Further, the places of punishment should correspond to the sins. Now there are only three kinds of sin, namely original, venial, and mortal. Therefore there should only be three penal abodes.

  Objection 4: On the other hand, it would seem that there should be many more than those assigned. For this darksome air is the prison house of the demons (2 Pt. 2:17), and yet it is not reckoned among the five abodes which are mentioned by certain authors. Therefore there are more than five abodes.

  Objection 5: Further, the earthly paradise is distinct from the heavenly paradise. Now some were borne away to the earthly paradise after this state of life, as is related of Enoch and Elias. Since then the earthly paradise is not counted among the five abodes, it would seem that there are more than five.

  Objection 6: Further, some penal place should correspond to each state of sinners. Now if we suppose a person to die in original sin who has committed only venial sins, none of the assigned abodes will be befitting to him. For it is clear that he would not be in heaven, since he would be without grace, and for the same reason neither would he be in the limbo of the Fathers; nor again, would he be in the limbo of children, since there is no sensible punishment there, which is due to such a person by reason of venial sin: nor would he be in purgatory, where there is none but temporal punishment, whereas everlasting punishment is due to him: nor would he be in the hell of the damned, since he is not guilty of actual mortal sin. Therefore a sixth abode should be assigned.

  Objection 7: Further, rewards and punishments vary in quantity according to the differences of sins and merits. Now the degrees of merit and sin are infinite. Therefore we should distinguish an infinite number of abodes, in which souls are punished or rewarded after death.

  Objection 8: Further, souls are sometimes punished in the places where they sinned, as Gregory states (Dial. iv, 55). But they sinned in the place which we inhabit. Therefore this place should be reckoned among the abodes, especially since some are punished for their sins in this world, as the Master said above (Sent. iv, D, 21).

  Objection 9: Further, just as some die in a state of grace and have some venial sins for which they deserve punishment, so some die in mortal sin and have some good for which they would deserve a reward. Now to those who die in grace with venial sins an abode is assigned where they are punished ere they receive their reward, which abode is purgatory. Therefore, on the other hand, there should be equally an abode for those who die in mortal sin together with some good works.

  Objection 1:: Further, just as the Fathers were delayed from obtaining full glory of the soul before Christ's coming, so are they now detained from receiving the glory of the body. Therefore as we distinguish an abode of the saints before the coming of Christ from the one where they are received now, so ought we to distinguish the one in which they are received now from the one where they will be received after the resurrection.

  I answer that, The abodes of souls are distinguished according to the souls' various states. Now the soul united to a mortal body is in the state of meriting, while the soul separated from the body is in the state of receiving good or evil for its merits; so that after death it is either in the state of receiving its final reward, or in the state of being hindered from receiving it. If it is in the state of receiving its final retribution, this happens in two ways: either in the respect of good, and then it is paradise; or in respect of evil, and thus as regards actual sin it is hell, and as regards original sin it is the limbo of children. On the other hand, if it be in the state where it is hindered from receiving its final reward, this is either on account of a defect of the person, and thus we have purgatory where souls are detained from receiving their reward at once on account of the sins they have committed, or else it is on account of a defect of nature, and thus we have the limbo of the Fathers, where the Fathers were detained from obtaining glory on account of the guilt of human nature which could not yet be expiated.

  Reply to Objection 1: Good happens in one way, but evil in many ways, according to Dionysius (Div. Nom. iv) and the Philosopher (Ethic. ii, 6): wherefore it is not unfitting if there be one place of blissful reward and several places of punishment.

  Reply to Objection 2: The state of meriting and demeriting is one state, since the same person is able to merit and demerit: wherefore it is fitting that one place should be assigned to all: whereas of those who receive according to their merits there are various states, and consequently the comparison fails.

  Reply to Objection 3: One may be punished in two ways for original sin, as stated above, either in reference to the person, or in reference to nature only. Consequently there is a twofold limbo corresponding to that sin.

  Reply to Objection 4: This darksome air is assigned to the demons, not as the place where they receive retribution for their merits, but as a place befitting their office, in so far as they are appointed to try us. Hence it is not reckoned among the abodes of which we are treating now: since hell fire is assigned to them in the first place (Mt. 25).

  Reply to Objection 5: The earthly paradise belongs to the state of the wayfarer rather than to the state of those who receive for their merits; and consequently it is not reckoned among the abodes whereof we are treating now.

  Reply to Objection 6: This supposition is impossible [*Cf. FS, Question [89], Article [6]]. If, however, it were possible, such a one would be punished in hell eternally: for it is accidental to venial sin that it be punished temporally in purgatory, through its having grace annexed to it: wherefore if it be annexed to a mortal sin, which is without grace, it will be punished eternally in hell. And since this one who dies in original sin has a venial sin without grace, it is not unfitting to suppose that he be punished eternally.

  Reply to Objection 7: Diversity of degrees in punishments or rewards does not diversify the state, and it is according to the diversity of state that we distinguish various abodes. Hence the argument does not prove.

  Reply to Objection 8: Although separated souls are sometimes punished in the place where we dwell, it does not follow that this is their proper place of punishment: but this is done for our instruction, that seeing their punishment we may be deterred from sin. That souls while yet in the flesh are punished here for their sins has nothing to do with the question, because a punishment of this kind does not place a man outside the state of meriting or demeriting: whereas we are treating now of the abodes to which souls are assigned after the state of merit or demerit.

  Reply to Objection 9: It is impossible for evil to be pure and without the admixture of good, just as the supreme good is without any admixture of evil. Consequently those who are to be conveyed to beatitude which is a supreme good must be cleansed of all evil. wherefore there must needs be a place where such persons are cleansed if they go hence without being perfectly clean. But those who will be thrust into hell will not be free from all good: and consequently the comparison fails, since those who are in hell can receive the reward of their goods, in so far as their past goods avail for the mitigation of their punishment.

  Reply to Objection 1:: The essential reward consists in the glory of the soul, but the body's glory, since it overflows from the soul, is entirely founded as it were on the soul: and consequently lack of the soul's glory causes a difference of state, whereas lack of the body's glory does not. For this reason, too, the same place, namely the empyrean, is assigned to the holy souls separated from their bodies and united to glorious bodies: whereas the same place was not assigned to the souls of the Fathers both before and after the glorification of souls.

Question: 70  OF THE QUALITY OF THE SOUL AFTER LEAVING THE BODY, AND OF THE PUNISHMENT INFLICTED ON IT BY MATERIAL FIRE (THREE ARTICLES)

   We must next consider the general quality of the soul after leaving the body, and the punishment inflicted on it by material fire. Under this head there are three points of inquiry:

    (1) Whether the sensitive powers remain in the separated soul?

    (2) Whether the acts of the aforesaid powers remain in the soul?

    (3) Whether the separated soul can suffer from a material fire?

Article: 1 

Whether the sensitive powers remain in the separated soul? [*Cf. FP, Question [77], Article [8]]

  Objection 1: It would seem that the sensitive powers remain in the sensitive soul. For Augustine says (De Spir. et Anim. xv): "The soul withdraws from the body taking all with itself, sense and imagination, reason, understanding and intelligence, the concupiscible and irascible powers." Now sense, imagination, concupiscible and irascible are sensitive powers. Therefore the sensitive powers remain in the separated soul.

  Objection 2: Further, Augustine says (De Eccl. Dogm. xvi): "We believe that man alone has a substantial soul, which lives though separated from the body, and clings keenly to its senses and wits." Therefore the soul retains its senses after being separated from the body.

  Objection 3: Further, the soul's powers are either its essential parts as some maintain, or at least are its natural properties. Now that which is in a thing essentially cannot be separated from it, nor is a subject severed from its natural properties. Therefore it is impossible for the soul to lose any of its powers after being separated from the body.

  Objection 4: Further, a whole is not entire if one of its parts be lacking. Now the soul's powers are called its parts. Therefore, if the soul lose any of its powers after death, it will not be entire after death: and this is unfitting.

  Objection 5: Further, the soul's powers co-operate in merit more even than the body, since the body is a mere instrument of action, while the powers are principles of action. Now the body must of necessity be rewarded together with the soul, since it co-operated in merit. Much more, therefore, is it necessary that the powers of the soul be rewarded together with it. Therefore the separated soul does not lose them.

  Objection 6: Further, if the soul after separation from the body loses its sensitive power, that must needs come to naught. For it cannot be said that it is dissolved into some matter, since it has no matter as a part of itself. Now that which entirely comes to naught is not restored in identity; wherefore at the resurrection the soul will not have the same identical sensitive powers. Now according to the Philosopher (De Anima ii, 1), as the soul is to the body so are the soul's powers to the parts of the body, for instance the sight to the eye. But if it were not identically the same soul that returns to the body, it would not be identically the same man. Therefore for the same reason it would not be identically the same eye, if the visual power were not identically the same; and in like manner no other part would rise again in identity, and consequently neither would the whole man be identically the same. Therefore it is impossible for the separated soul to lose its sensitive powers.

  Objection 7: Further, if the sensitive powers were to be corrupted when the body is corrupted, it would follow that they are weakened when the body is weakened. Yet this is not the case, for according to De Anima i, "if an old man were given the eye of a young man, he would, without doubt, see as well as a young man." Therefore neither are the sensitive powers corrupted when the body is corrupted.

  On the contrary, Augustine says (De Eccl. Dogm. xix): "Of two substances alone does man consist, soul and body: the soul with its reason, and the body with its senses." Therefore the sensitive powers belong to the body: and consequently when the body is corrupted the sensitive powers remain not in the soul.

   Further, the Philosopher, speaking of the separation of the soul, expresses himself thus (Metaph. xi, 3): "If, however, anything remain at last, we must ask what this is: because in certain subjects it is not impossible, for instance if the soul be of such a disposition, not the whole soul but the intellect; for as regards the whole soul this is probably impossible." Hence it seems that the whole soul is not separated from the body, but only the intellective powers of the soul, and consequently not the sensitive or vegetative powers.

   Further, the Philosopher, speaking of the intellect, says (De Anima ii, 2): "This alone is ever separated, as the everlasting from the corruptible: for it is hereby clear that the remaining parts are not separable as some maintain." Therefore the sensitive powers do not remain in the separated soul.

  I answer that, There are many opinions on this question. For some, holding the view that all the powers are in the soul in the same way as color is in a body, hold that the soul separated from the body takes all its powers away with it: because, if it lacked any one of them, it would follow that the soul is changed in its natural properties, since these cannot change so long as their subject remains. But the aforesaid view is false, for since a power is so called because it enables us to do or suffer something, and since to do and to be able belong to the same subject, it follows that the subject of a power is the same as that which is agent or patient. Hence the Philosopher says (De Somn. et Vigil.) that "where we find power there we find action." Now it is evident that certain operations, whereof the soul's powers are the principles, do not belong to the soul properly speaking but to the soul as united to the body, because they are not performed except through the medium of the body---such as to see, to hear, and so forth. Hence it follows that such like powers belong to the united soul and body as their subject, but to the soul as their quickening principle, just as the form is the principle of the properties of a composite being. Some operations, however, are performed by the soul without a bodily organ---for instance to understand, to consider, to will: wherefore, since these actions are proper to the soul, the powers that are the principles thereof belong to the soul not only as their principle but also as their subject. Therefore, since so long as the proper subject remains its proper passions must also remain, and when it is corrupted they also must be corrupted, it follows that these powers which use no bodily organ for their actions must needs remain in the separated body, while those which use a bodily organ must needs be corrupted when the body is corrupted: and such are all the powers belonging to the sensitive and the vegetative soul. On this account some draw a distinction in the sensitive powers of the soul: for they say that they are of two kinds---some being acts of organs and emanating from the soul into the body are corrupted with the body; others, whence the former originate, are in the soul, because by them the soul sensitizes the body for seeing, hearing, and so on; and these primary powers remain in the separated soul. But this statement seems unreasonable: because the soul, by its essence and not through the medium of certain other powers, is the origin of those powers which are the acts of organs, even as any form, from the very fact that by its essence it informs its matter, is the origin of the properties which result naturally in the composite. For were it necessary to suppose other powers in the soul, by means of which the powers that perfect the organs may flow from the essence of the soul, for the same reason it would be necessary to suppose other powers by means of which these mean powers flow from the essence of the soul, and so on to infinity, and if we have to stop it is better to do so at the first step.

   Hence others say that the sensitive and other like powers do not remain in the separated soul except in a restricted sense, namely radically, in the same way as a result is in its principle: because there remains in the separated soul the ability to produce these powers if it should be reunited to the body; nor is it necessary for this ability to be anything in addition to the essence of the soul, as stated above. This opinion appears to be the more reasonable.

  Reply to Objection 1: This saying of Augustine is to be understood as meaning that the soul takes away with it some of those powers actually, namely understanding and intelligence, and some radically, as stated above [*Cf. FP, Question [77], Article [8], ad 1 and infra Article [2], ad 1].

  Reply to Objection 2: The senses which the soul takes away with it are not these external senses, but the internal, those, namely, which pertain to the intellective part, for the intellect is sometimes called sense, as Basil states in his commentary on the Proverbs, and again the Philosopher (Ethic. vi, 11). If, however, he means the external senses we must reply as above to the first objection.

  Reply to Objection 3: As stated above, the sensitive powers are related to the soul, not as natural passions to their subject, but as compared to their origin: wherefore the conclusion does not follow.

  Reply to Objection 4: The powers of the soul are not called its integral but its potential parts. Now the nature of such like wholes is that the entire energy of the whole is found perfectly in one of the parts, but partially in the others; thus in the soul the soul's energy is found perfectly in the intellective part, but partially in the others. Wherefore, as the powers of the intellective part remain in the separated soul, the latter will remain entire and undiminished, although the sensitive powers do not remain actually: as neither is the king's power decreased by the death of a mayor who shared his authority.

  Reply to Objection 5: The body co-operates in merit, as an essential part of the man who merits. The sensitive powers, however, do not co-operate thus, since they are of the genus of accidents. Hence the comparison fails.

  Reply to Objection 6: The powers of the sensitive soul are said to be acts of the organs, not as though they were the essential forms of those organs, except in reference to the soul whose powers they are. But they are the acts of the organs, by perfecting them for their proper operations, as heat is the act of fire by perfecting it for the purpose of heating. Wherefore, just as a fire would remain identically the same, although another individual heat were in it (even so the cold of water that has been heated returns not identically the same, although the water remains the same in identity), so the organs will be the same identically, although the powers be not identically the same.

  Reply to Objection 7: The Philosopher is speaking there of these powers as being rooted in the soul. This is clear from his saying that "old age is an affection not of the soul, but of that in which the soul is," namely the body. For in this way the powers of the soul are neither weakened nor corrupted on account of the body.
 
Article: 2  

Whether the acts of the sensitive powers remain in the separated soul?

  Objection 1: It would seem that the acts of the sensitive powers remain in the separated soul. For Augustine says (De Spiritu et Anima xv): "When the soul leaves the body it derives pleasure or sorrow through being affected with these" (namely the imagination, and the concupiscible and irascible faculties) "according to its merits." But the imagination, the concupiscible, and the irascible are sensitive powers. Therefore the separated soul will be affected as regards the sensitive powers, and consequently will be in some act by reason of them.

  Objection 2: Further, Augustine says (Gen. ad lit. xii) that "the body feels not, but the soul through the body," and further on: "The soul feels certain things, not through the body but without the body." Now that which befits the soul without the body can be in the soul separated from the body. Therefore the soul will then be able to feel actually.

  Objection 3: Further, to see images of bodies, as occurs in sleep, belongs to imaginary vision which is in the sensitive part. Now it happens that the separated soul sees images of bodies in the same way as when we sleep. Thus Augustine says (Gen. ad lit. xii): "For I see not why the soul has an image of its own body when, the body lying senseless, yet not quite dead, it sees some things which many have related after returning to life from this suspended animation and yet has it not when it has left the body through death having taken place." For it is unintelligible that the soul should have an image of its body, except in so far as it sees that image: wherefore he said before of those who lie senseless that "they have a certain image of their own body, by which they are able to be borne to corporeal places and by means of sensible images to take cognizance of such things as they see." Therefore the separated soul can exercise the acts of the sensitive powers.

  Objection 4: Further, the memory is a power of the sensitive part, as proved in De Memor. et Remin. i. Now separated souls will actually remember the things they did in this world: wherefore it is said to the rich glutton (Lk. 16:25): "Remember that thou didst receive good things in thy lifetime." Therefore the separated soul will exercise the act of a sensitive power.

  Objection 5: Further, according to the Philosopher (De Anima iii, 9) the irascible and concupiscible are in the sensitive part. But joy and sorrow, love and hatred, fear and hope, and similar emotions which according to our faith we hold to be in separated souls, are in the irascible and concupiscible. Therefore separated souls will not be deprived of the acts of the sensitive powers.

  On the contrary, That which is common to soul and body cannot remain in the separated soul. Now all the operations of the sensitive powers are common to the soul and body: and this is evident from the fact that no sensitive power exercises an act except through a bodily organ. Therefore the separated soul will be deprived of the acts of the sensitive powers.

   Further, the Philosopher says (De Anima i, 4), that "when the body is corrupted, the soul neither remembers nor loves," and the same applies to all the acts of the sensitive powers. Therefore the separated soul does not exercise the act of any sensitive power.

  I answer that, Some distinguish two kinds of acts in the sensitive powers: external acts which the soul exercises through the body. and these do not remain in the separated soul; and internal acts which the soul performs by itself; and these will be in the separated soul. This statement would seem to have originated from the opinion of Plato, who held that the soul is united to the body, as a perfect substance nowise dependant on the body, and merely as a mover is united to the thing moved. This is an evident consequence of transmigration which he held. And since according to him nothing is in motion except what is moved, and lest he should go on indefinitely, he said that the first mover moves itself, and he maintained that the soul is the cause of its own movement. Accordingly there would be a twofold movement of the soul, one by which it moves itself, and another whereby the body is moved by the soul: so that this act "to see" is first of all in the soul itself as moving itself, and secondly in the bodily organ in so far as the soul moves the body. This opinion is refuted by the Philosopher (De Anima i, 3) who proves that the soul does not move itself, and that it is nowise moved in respect of such operations as seeing, feeling, and the like, but that such operations are movements of the composite only. We must therefore conclude that the acts of the sensitive powers nowise remain in the separated soul, except perhaps as in their remote origin.

  Reply to Objection 1: Some deny that this book is Augustine's: for it is ascribed to a Cistercian who compiled it from Augustine's works and added things of his own. Hence we are not to take what is written there, as having authority. If, however, its authority should be maintained, it must be said that the meaning is that the separated soul is affected with imagination and other like powers, not as though such affection were the act of the aforesaid powers, but in the sense that the soul will be affected in the future life for good or ill, according to the things which it committed in the body through the imagination and other like powers: so that the imagination and such like powers are not supposed to elicit that affection, but to have elicited in the body the merit of that affection.

  Reply to Objection 2: The soul is said to feel through the body, not as though the act of feeling belonged to the soul by itself, but as belonging to the whole composite by reason of the soul, just as we say that heat heats. That which is added, namely that the soul feels some things without the body, such as fear and so forth, means that it feels such things without the outward movement of the body that takes place in the acts of the proper senses: since fear and like passions do not occur without any bodily movement.

   It may also be replied that Augustine is speaking according to the opinion of the Platonists who maintained this as stated above.

  Reply to Objection 3: Augustine speaks there as nearly throughout that book, as one inquiring and not deciding. For it is clear that there is no comparison between the soul of a sleeper and the separated soul: since the soul of the sleeper uses the organ of imagination wherein corporeal images are impressed; which cannot be said of the separated soul. Or we may reply that images of things are in the soul, both as to the sensitive and imaginative power and as to the intellective power, with greater or lesser abstraction from matter and material conditions. Wherefore Augustine's comparison holds in this respect that just as the images of corporeal things are in the soul of the dreamer or of one who is carried out of his mind, imaginatively, so are they in the separated soul intellectively: but not that they are in the separated soul imaginatively.

  Reply to Objection 4: As stated in the first book (Sent. i, D, 3, qu. 4), memory has a twofold signification. Sometimes it means a power of the sensitive part, in so far as its gaze extends over past time; and in this way the act of the memory will not be in the separated soul. Wherefore the Philosopher says (De Anima i, 4) that "when this," the body to wit, "is corrupted, the soul remembers not." In another way memory is used to designate that part of the imagination which pertains to the intellective faculty, in so far namely as it abstracts from all differences of time, since it regards not only the past but also the present, and the future as Augustine says (De Trin. xiv, 11). Taking memory in this sense the separated soul will remember [*Cf. FP, Question [77], Article [8]; FP, Question [89], Article [6]].

  Reply to Objection 5: Love, joy, sorrow, and the like, have a twofold signification. Sometimes they denote passions of the sensitive appetite, and thus they will not be in the separated soul, because in this way they are not exercised without a definite movement of the heart. In another way they denote acts of the will which is in the intellective part: and in this way they will be in the separated soul, even as delight will be there without bodily movement, even as it is in God, namely in so far as it is a simple movement of the will. In this sense the Philosopher says (Ethic. vii, 14) that "God's joy is one simple delight."
 
Article: 3 

Whether the separated soul can suffer from a bodily fire?

  Objection 1: It would seem that the separated soul cannot suffer from a bodily fire. For Augustine says (Gen. ad lit. xii): "The things that affect the soul well or ill after its separation from the body, are not corporeal but resemble corporeal things." Therefore the separated soul is not punished with a bodily fire.

  Objection 2: Further, Augustine (Gen. ad lit. xii) says that "the agent is always more excellent than the patient." But it is impossible for any body to be more excellent than the separated soul. Therefore it cannot suffer from a body.

  Objection 3: Further, according to the Philosopher (De Gener. i) and Boethius (De Duab. Natur.) only those things that agree in matter are active and passive in relation to one another. But the soul and corporeal fire do not agree in matter, since there is no matter common to spiritual and corporeal things: wherefore they cannot be changed into one another, as Boethius says (De Duab. Natur.). Therefore the separated soul does not suffer from a bodily fire.

  Objection 4: Further, whatsoever is patient receives something from the agent. Therefore if the soul suffer from the bodily fire, it will receive something therefrom. Now whatsoever is received in a thing is received according to the mode of the recipient. Therefore that which is received in the soul from the fire, is in it not materially but spiritually. Now the forms of things existing spiritually in the soul are its perfections. Therefore though it be granted that the soul suffer from the bodily fire, this will not conduce to its punishment, but rather to its perfection.

  Objection 5: Further, if it be said that the soul is punished merely by seeing the fire, as Gregory would seem to say (Dial. iv, 29). On the contrary, if the soul sees the fire of hell, it cannot see it save by intellectual vision, since it has not the organs by which sensitive or imaginative vision is effected. But it would seem impossible for intellectual vision to be the cause of sorrow, since "there is no sorrow contrary to the pleasure of considering," according to the Philosopher (Topic. i, 13). Therefore the soul is not punished by that vision.

  Objection 6: Further, if it be said that the soul suffers from the corporeal fire, through being held thereby, even as now it is held by the body while living in the body; on the contrary, the soul while living in the body is held by the body in so far as there results one thing from the soul and the body, as from form and matter. But the soul will not be the form of that corporeal fire. Therefore it cannot be held by the fire in the manner aforesaid.

  Objection 7: Further, every bodily agent acts by contact. But a corporeal fire cannot be in contact with the soul, since contact is only between corporeal things whose bounds come together. Therefore the soul suffers not from that fire.

  Objection 8: Further, an organic agent does not act on a remote object, except through acting on the intermediate objects; wherefore it is able to act at a fixed distance in proportion to its power. But souls, or at least the demons to whom this equally applies, are sometimes outside the place of hell, since sometimes they appear to men even in this world: and yet they are not then free from punishment, for just as the glory of the saints is never interrupted, so neither is the punishment of the damned. And yet we do not find that all the intermediate things suffer from the fire of hell: nor again is it credible that any corporeal thing of an elemental nature has such a power that its action can reach to such a distance. Therefore it does not seem that the pains suffered by the souls of the damned are inflicted by a corporeal fire.

  On the contrary, The possibility of suffering from a corporeal fire is equally consistent with separated souls and with demons. Now demons suffer therefrom since they are punished by that fire into which the bodies of the damned will be cast after the resurrection, and which must needs be as corporeal fire. This is evident from the words of our Lord (Mt. 25:41), "Depart from Me, you cursed, into everlasting fire, which was prepared for the devil," etc. Therefore separated souls also can suffer from that fire.

   Further, punishment should correspond to sin. Now in sinning the soul subjected itself to the body by sinful concupiscence. Therefore it is just that it should be punished by being made subject to a bodily thing by suffering therefrom.

   Further, there is greater union between form and matter than between agent and patient. Now the diversity of spiritual and corporeal nature does not hinder the soul from being the form of the body. Therefore neither is it an obstacle to its suffering from a body.

  I answer that, Given that the fire of hell is not so called metaphorically, nor an imaginary fire, but a real corporeal fire, we must needs say that the soul will suffer punishment from a corporeal fire, since our Lord said (Mt. 25:41) that this fire was prepared for the devil and his angels, who are incorporeal even as the soul. But how it is that they can thus suffer is explained in many ways.

   For some have said that the mere fact that the soul sees the fire makes the soul suffer from the fire: wherefore Gregory (Dial. iv, 29) says: "The soul suffers from the fire by merely seeing it." But this does not seem sufficient, because whatever is seen, from the fact that it is seen, is a perfection of the seer. wherefore it cannot conduce to his punishment, as seen. Sometimes, however, it is of a penal or unpleasant nature accidentally, in so far, to wit, as it is apprehended as something hurtful, and consequently, besides the fact that the soul sees the fire, there must needs be some relation of the soul to the fire, according to which the fire is hurtful to the soul.

   Hence others have said that although a corporeal fire cannot burn the soul, the soul nevertheless apprehends it as hurtful to itself, and in consequence of this apprehension is seized with fear and sorrow, in fulfillment of Ps. 13:5, "They have trembled for fear, where there was no fear." Hence Gregory says (Dial. iv, 29) that "the soul burns through seeing itself aflame." But this, again, seems insufficient, because in this case the soul would suffer from the fire, not in reality but only in apprehension: for although a real passion of sorrow or pain may result from a false imagination, as Augustine observes (Gen. ad lit. xii), it cannot be said in relation to that passion that one really suffers from the thing, but from the image of the thing that is present to one's fancy. Moreover, this kind of suffering would be more unlike real suffering than that which results from imaginary vision, since the latter is stated to result from real images of things, which images the soul carries about with it, whereas the former results from false fancies which the erring soul imagines: and furthermore, it is not probable that separated souls or demons, who are endowed with keen intelligence, would think it possible for a corporeal fire to hurt them, if they were nowise distressed thereby.

   Hence others say that it is necessary to admit that the soul suffers even really from the corporeal fire: wherefore Gregory says (Dial. iv, 29): "We can gather from the words of the Gospel, that the soul suffers from the fire not only by seeing it, but also by feeling it." They explain the possibility of this as follows. They say that this corporeal fire can be considered in two ways. First, as a corporeal thing, and thus it has not the power to act on the soul. Secondly, as the instrument of the vengeance of Divine justice. For the order of Divine justice demands that the soul which by sinning subjected itself to corporeal things should be subjected to them also in punishment. Now an instrument acts not only in virtue of its own nature, but also in virtue of the principal agent: wherefore it is not unreasonable if that fire, seeing that it acts in virtue of a spiritual agent, should act on the spirit of a man or demon, in the same way as we have explained the sanctification of the soul by the sacraments (TP, Question [62], Articles [1],4).

   But, again, this does not seem to suffice, since every instrument, in acting on that on which it is used instrumentally, has its own connatural action besides the action whereby it acts in virtue of the principal agent: in fact it is by fulfilling the former that it effects the latter action, even as, in Baptism, it is by laving the body that water sanctifies the soul, and the saw by cutting wood produces the shape of a house.

   Hence we must allow the fire to exercise on the soul an action connatural to the fire, in order that it may be the instrument of Divine justice in the punishment of sin: and for this reason we must say that a body cannot naturally act on a spirit, nor in any way be hurtful or distressful to it, except in so far as the latter is in some way united to a body: for thus we observe that "the corruptible body is a load upon the soul" (Wis. 9:15). Now a spirit is united to a body in two ways. In one way as form to matter, so that from their union there results one thing simply: and the spirit that is thus united to a body both quickens the body and is somewhat burdened by the body: but it is not thus that the spirit of man or demon is united to the corporeal fire. In another way as the mover is united to the things moved, or as a thing placed is united to place, even as incorporeal things are in a place. In this way created incorporeal spirits are confined to a place, being in one place in such a way as not to be in another. Now although of its nature a corporeal thing is able to confine an incorporeal spirit to a place, it is not able of its nature to detain an incorporeal spirit in the place to which it is confined, and so to tie it to that place that it be unable to seek another, since a spirit is not by nature in a place so as to be subject to place. But the corporeal fire is enabled as the instrument of the vengeance of Divine justice thus to detain a spirit; and thus it has a penal effect on it, by hindering it from fulfilling its own will, that is by hindering it from acting where it will and as it will.

   This way is asserted by Gregory (Dial. iv, 29). For in explaining how the soul can suffer from that fire by feeling it, he expresses himself as follows: "Since Truth declares the rich sinner to be condemned to fire, will any wise man deny that the souls of the wicked are imprisoned in flames?" Julian [*Bishop of Toledo, Prognostic ii, 17] says the same as quoted by the Master (Sent. iv, D, 44): "If the incorporeal spirit of a living man is held by the body, why shall it not be held after death by a corporeal fire?" and Augustine says (De Civ. Dei xxi, 10) that "just as, although the soul is spiritual and the body corporeal, man is so fashioned that the soul is united to the body as giving it life, and on account of this union conceives a great love for its body, so it is chained to the fire, as receiving punishment therefrom, and from this union conceives a loathing."

   Accordingly we must unite all the aforesaid modes together, in order to understand perfectly how the soul suffers from a corporeal fire: so as to say that the fire of its nature is able to have an incorporeal spirit united to it as a thing placed is united to a place; that as the instrument of Divine justice it is enabled to detain it enchained as it were, and in this respect this fire is really hurtful to the spirit, and thus the soul seeing the fire as something hurtful to it is tormented by the fire. Hence Gregory (Dial. iv, 29) mentions all these in order, as may be seen from the above quotations.

  Reply to Objection 1: Augustine speaks there as one inquiring: wherefore he expresses himself otherwise when deciding the point, as quoted above (De Civ. Dei xxi). Or we may reply that Augustine means to say that the things which are the proximate occasion of the soul's pain or sorrow are spiritual, since it would not be distressed unless it apprehended the fire as hurtful to it: wherefore the fire as apprehended is the proximate cause of its distress, whereas the corporeal fire which exists outside the soul is the remote cause of its distress.

  Reply to Objection 2: Although the soul is simply more excellent than the fire, the fire is relatively more excellent than the soul, in so far, to wit, as it is the instrument of Divine justice.

  Reply to Objection 3: The Philosopher and Boethius are speaking of the action whereby the patient is changed into the nature of the agent. Such is not the action of the fire on the soul: and consequently the argument is not conclusive.

  Reply to Objection 4: By acting on the soul the fire bestows nothing on it but detains it, as stated above. Hence the argument is not to the point.

  Reply to Objection 5: In intellectual vision sorrow is not caused by the fact that something is seen, since the thing seen as such can nowise be contrary to the intellect. But in the sensible vision the thing seen, by its very action on the sight so as to be seen, there may be accidentally something corruptive of the sight, in so far as it destroys the harmony of the organ Nevertheless, intellectual vision may cause sorrow, in so far as the thing seen is apprehended as hurtful, not that it hurts through being seen, but in some other way no matter which. It is thus that the soul in seeing the fire is distressed.

  Reply to Objection 6: The comparison does not hold in every respect, but it does in some, as explained above.

  Reply to Objection 7: Although there is no bodily contact between the soul and body, there is a certain spiritual contact between them (even as the mover of the heaven, being spiritual, touches the heaven, when it moves it, with a spiritual contact) in the same way as a "painful object is said to touch," as stated in De Gener. i. This mode of contact is sufficient for action.

  Reply to Objection 8: The souls of the damned are never outside hell, except by Divine permission, either for the instruction or for the trial of the elect. And wherever they are outside hell they nevertheless always see the fire thereof as prepared for their punishment. Wherefore, since this vision is the immediate cause of their distress, as stated above, wherever they are, they suffer from hell-fire. Even so prisoners, though outside the prison, suffer somewhat from the prison, seeing themselves condemned thereto. Hence just as the glory of the elect is not diminished, neither as to the essential, nor as to the accidental reward, if they happen to be outside the empyrean, in fact this somewhat conduces to their glory, so the punishment of the damned is nowise diminished, if by God's permission they happen to be outside hell for a time. A gloss on James 3:6, "inflameth the wheel of our nativity," etc., is in agreement with this, for it is worded thus: "The devil, wherever he is, whether in the air or under the earth, drags with him the torments of his flames." But the objection argues as though the corporeal fire tortured the spirit immediately in the same way as it torments bodies.