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Objection 1: It would seem that irregularity does not result from
bigamy when one husband has two wives at the same time, one in law and
one in fact. For when the sacrament is void there can be no defect in
the sacrament. Now when a man marries a woman in fact but not in law
there is no sacrament, since such a union does not signify the union of
Christ with the Church. Therefore since irregularity does not result
from bigamy except on account of a defect in the sacrament, it would
seem that no irregularity attaches to bigamy of this kind.
Objection 2: Further, if a man has intercourse with a woman whom he
has married in fact and not in law, he commits fornication if he has
not a lawful wife, or adultery if he has. But a man does not become
irregular by dividing his flesh among several women by fornication or
adultery. Therefore neither does he by the aforesaid kind of bigamy.
Objection 3: Further, it may happen that a man, before knowing
carnally the woman he has married in law, marries another in fact and
not in law, and knows her carnally, whether the former woman be living
or dead. Now this man has contracted marriage with several women
either in law or in fact, and yet he is not irregular, since he has
not divided his flesh among several women. Therefore irregularity is
not contracted by reason of the aforesaid kind of bigamy.
I answer that, Irregularity is contracted in the two second kinds of
bigamy, for although in the one there is no sacrament, there is a
certain likeness to a sacrament. Wherefore these two kinds are
secondary, and the first is the principal kind in causing
irregularity.
Reply to Objection 1: Although there is no sacrament in this case
there is a certain likeness to a sacrament, whereas there is no such
likeness in fornication or adultery. Hence the comparison fails.
This suffices for the Reply to the Second Objection.
Reply to Objection 3: In this case the man is not reckoned a
bigamist, because the first marriage lacked its perfect signification.
Nevertheless if, by the judgment of the Church, he be compelled to
return to his first wife and carnally to know her, he becomes irregular
forthwith, because the irregularity is the result not of the sin but of
imperfect signification.
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