|
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been once well decided must not be subsequently withdrawn."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.
|
|