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Summa Theologiae · Suppl., q. 60, a. 2

Whether wife-murder is an impediment to marriage?

Thomas Aquinas, Summa Theologiae, Supplement, question 60, Of Wife-murder, article 2. About 3 min.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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