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Objection 1: It would seem that affinity does not remain after the
death of husband or wife, between the blood-relations of husband and
wife or "vice versa." Because if the cause cease the effect ceases.
Now the cause of affinity was the marriage, which ceases after the
husband's death, since then "the woman . . . is loosed from the
law of the husband" (Rm. 7:2). Therefore the aforesaid
affinity ceases also.
Objection 2: Further, consanguinity is the cause of affinity. Now
the consanguinity of the husband with his blood-relations ceases at his
death. Therefore, the wife's affinity with them ceases also.
On the contrary, Affinity is caused by consanguinity. Now
consanguinity binds persons together for all time as long as they live.
Therefore affinity does so also: and consequently affinity (between
two persons) is not dissolved through the dissolution of the marriage
by the death of a third person.
I answer that, A relation ceases in two ways: in one way through the
corruption of its subject, in another way by the removal of its cause;
thus likeness ceases when one of the like subjects dies, or when the
quality that caused the likeness is removed. Now there are certain
relations which have for their cause an action, or a passion or
movement (Metaph. v, 20): and some of these are caused by
movement, through something being moved actually; such is the relation
between mover and moved: some of them are caused through something
being adapted to movement, for instance the relations between the
motive power and the movable, or between master and servant; and some
of them result from something, having been moved previously, such as
the relation between father and son, for the relation between them is
caused not by (the con) being begotten now, but by his having been
begotten. Now aptitude for movement and for being moved is
transitory; whereas the fact of having been moved is everlasting,
since what has been never ceases having been. Consequently fatherhood
and sonship are never dissolved through the removal of the cause, but
only through the corruption of the subject, that is of one of the
subjects. The same applies to affinity, for this is caused by certain
persons having been joined together not by their being actually joined.
Wherefore it is not done away, as long as the persons between whom
affinity has been contracted survive, although the person die through
whom it was contracted.
Reply to Objection 1: The marriage tie causes affinity not only by
reason of actual union, but also by reason of the union having been
effected in the past.
Reply to Objection 2: Consanguinity is not the chief cause of
affinity, but union with a blood-relation, not only because that
union is now, but because it has been. Hence the argument does not
prove.
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