|
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).
|
|