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Summa Theologiae · Suppl., q. 67, a. 1

Whether inseparableness of the wife is of natural law?

Thomas Aquinas, Summa Theologiae, Supplement, question 67, Of the Bill of Divorce, article 1. About 4 min.

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

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

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

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

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.

Obj. 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.

Obj. 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.

Obj. 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 Matth. xix. 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 (Matth. xix. 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. xii. 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 Obj. 1: Christ's law alone brought mankind to perfection,'^ 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.'f [OCR uncertain: perfection,'^. Check the scan, image 369.]

Reply Obj. 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 fulfils 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 (Q. LXV., A. 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.

[*Cf. Heb. vii. 19. f Cf. Rom. viii. 2.]

Reply Obj. 3 may be gathered from what has been said.

Reply Obj. 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.

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

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