ST Suppl., q. 62

Of the Impediment that Supervenes to Marriage After its Consummation, Namely Fornication

Supplementcompiled posthumously from Aquinas's early Sentences commentary

We must now consider the impediment that supervenes upon marriage after its consummation, namely fornication, which is an impediment to a previous marriage as regards the act, although the marriage tie remains. Under this head there are six points of inquiry:

(1) Whether it is lawful for a husband to put his wife away on account of fornication?

(2) Whether he is bound to do so?

(3) Whether he may put her away at his own judgment?

(4) Whether in this matter husband and wife are of equal condition?

(5) Whether, after being divorced, they must remain unmarried?

(6) Whether they can be reconciled after being divorced?

Articles

  1. a. 1Whether it is lawful for a husband to put away his wife on account of fornication?
  2. a. 2Whether the husband is bound by precept to put away his wife when she is guilty of fornication?
  3. a. 3Whether the husband can on his own judgment put away his wife on account of fornication?
  4. a. 4Whether in a case of divorce husband and wife should be judged on a par with each other?
  5. a. 5Whether a husband can marry again after having a divorce?
  6. a. 6Whether husband and wife may be reconciled after being divorced?

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