|
Objection 1: It would seem that marriage is not annulled by the
husband committing incest with his wife's sister. For the wife should
not be punished for her husband's sin. Yet she would be punished if
the marriage were annulled. Therefore, etc.
Objection 2: Further, it is a greater sin to know one's own
relative, than to know the relative of one's wife. But the former
sin is not an impediment to marriage. Therefore neither is the
second.
Objection 3: Further, if this is inflicted as a punishment of the
sin, it would seem, if the incestuous husband marry even after his
wife's death, that they ought to be separated: which is not true.
Objection 4: Further, this impediment is not mentioned among those
enumerated above (Question 50). Therefore it does not void the
marriage contract.
On the contrary, By knowing his wife's sister he contracts
affinity, with his wife. But affinity voids the marriage contract.
Therefore the aforesaid incest does also.
Further, by whatsoever a man sinneth, by the same also is he
punished. Now such a man sins against marriage. Therefore he ought
to be punished by being deprived of marriage.
I answer that, If a man has connection with the sister or other
relative of his wife before contracting marriage, even after his
betrothal, the marriage should be broken off on account of the
resultant affinity. If, however, the connection take place after the
marriage has been contracted and consummated, the marriage must not be
altogether dissolved: but the husband loses his right to marital
intercourse, nor can he demand it without sin. And yet he must grant
it if asked, because the wife should not be punished for her husband's
sin. But after the death of his wife he ought to remain without any
hope of marriage, unless he receive a dispensation on account of his
frailty, through fear of unlawful intercourse. If, however, he
marry without a dispensation, he sins by contravening the law of the
Church, but his marriage is not for this reason to be annulled. This
suffices for the Replies to the Objections, for incest is accounted
an impediment to marriage not so much for its being a sin as on account
of the affinity which it causes. For this reason it is not mentioned
with the other impediments, but is included in the impediment of
affinity.
|
|