Summa - Supplement 1184
Objection 1: It would seem that a believer, after his conversion, cannot put away his unbelieving wife if she be willing to cohabit with him without insult to the Creator. For the husband is more bound to his wife than a slave to his master. But a converted slave is not freed from the bond of slavery, as appears from 1Co 7,21; 1Tm 6,1. Therefore neither can a believing husband put away his unbelieving wife.
Objection 2: Further, no one may act to another's prejudice without the latter's consent. Now the unbelieving wife had a right in the body of her unbelieving husband. If, then, her husband's conversion to the faith could be prejudicial to the wife, so that he would be free to put her away, the husband could not be converted to the faith without his wife's consent, even as he cannot receive orders or vow continence without her consent.
Objection 3: Further, if a man, whether slave or free, knowingly marry a bondwoman, he cannot put her away on account of her different condition. Since, then, the husband, when he married an unbeliever, knew that she was an unbeliever, it would seem that in like manner he cannot put her away on account of her unbelief.
Objection 4: Further, a father is in duty bound to work for the salvation of his children. But if he were to leave his unbelieving wife, the children of their union would remain with the mother, because "the offspring follows the womb," and thus their salvation would be imperiled. Therefore he cannot lawfully put away his unbelieving wife.
Objection 5: Further, an adulterous husband cannot put away an adulterous wife, even after he has done penance for his adultery. Therefore if an adulterous and an unbelieving husband are to be judged alike, neither can the believer put aside the unbeliever, even after his conversion to the faith.
On the contrary, are the words of the Apostle (1Co 7,15-16).
Further, spiritual adultery is more grievous than carnal. But a man can put his wife away, as to cohabitation, on account of carnal adultery. Much more, therefore, can he do so on account of unbelief, which is spiritual adultery.
I answer that, Different things are competent and expedient to man according as his life is of one kind or of another. Wherefore he who dies to his former life is not bound to those things to which he was bound in his former life. Hence it is that he who vowed certain things while living in the world is not bound to fulfill them when he dies to the world by adopting the religious life. Now he who is baptized is regenerated in Christ and dies to his former life, since the generation of one thing is the corruption of another, and consequently he is freed from the obligation whereby he was bound to pay his wife the marriage debt, and is not bound to cohabit with her when she is unwilling to be converted, although in a certain case he is free to do so, as stated above (Article ), just as a religious is free to fulfill the vows he took in the world, if they be not contrary to his religious profession, although he is not bound to do so.
Reply to Objection 1: Bondage is not inconsistent with the perfection of the Christian religion, which makes a very special profession of humility. But the obligation to a wife, or the conjugal bond, is somewhat derogatory to the perfection of Christian life, the highest state of which is in the possession of the continent: hence the comparison fails. Moreover one married party is not bound to the other as the latter's possession, as a slave to his master, but by way of a kind of partnership, which is unfitting between unbeliever and believer as appears from 2Co 6,15; hence there is no comparison between a slave and a married person.
Reply to Objection 2: The wife had a right in the body of her husband only as long as he remained in the life wherein he had married, since also when the husband dies the wife "is delivered from the law of her husband" (Rm 7,3). Wherefore if the husband leave her after he has changed his life by dying to his former life, this is nowise prejudicial to her. Now he who goes over to the religious life dies but a spiritual death and not a bodily death. Wherefore if the marriage be consummated, the husband cannot enter religion without his wife's consent, whereas he can before carnal connection when there is only a spiritual connection. On the other hand, he who is baptized is even corporeally buried together with Christ unto death; and therefore he is freed from paying the marriage debt even after the marriage has been consummated.
We may also reply that it is through her own fault in refusing to be converted that the wife suffers prejudice.
Reply to Objection 3: Disparity of worship makes a person simply unfit for lawful marriage, whereas the condition of bondage does not, but only where it is unknown. Hence there is no comparison between an unbeliever and a bondswoman.
Reply to Objection 4: Either the child has reached a perfect age, and then it is free to follow either the believing father or the unbelieving mother, or else it is under age, and then it should be given to the believer notwithstanding that it needs the mother's care for its education.
Reply to Objection 5: By doing penance the adulterer does not enter another life as an unbeliever by being baptized. Hence the comparison fails.
Objection 1: It would seem that the believer who leaves his unbelieving wife cannot take another wife. For indissolubility is of the nature of marriage, since it is contrary to the natural law to divorce one's wife. Now there was true marriage between them as unbelievers. Therefore their marriage can nowise be dissolved. But as long as a man is bound by marriage to one woman he cannot marry another. Therefore a believer who leaves his unbelieving wife cannot take another wife.
Objection 2: Further, a crime subsequent to marriage does not dissolve the marriage. Now, if the wife be willing to cohabit without insult to the Creator, the marriage tie is not dissolved, since the husband cannot marry another. Therefore the sin of the wife who refuses to cohabit without insult to the Creator does not dissolve the marriage so that her husband be free to take another wife.
Objection 3: Further, husband and wife are equal in the marriage tie. Since, then, it is unlawful for the unbelieving wife to marry again while her husband lives, it would seem that neither can the believing husband do so.
Objection 4: Further, the vow of continence is more favorable than the marriage contract. Now seemingly it is not lawful for the believing husband to take a vow of continence without the consent of his unbelieving wife, since then the latter would be deprived of marriage if she were afterwards converted. Much less therefore is it lawful for him to take another wife.
Objection 5: Further, the son who persists in unbelief after his father's conversion loses the right to inherit from his father: and yet if he be afterwards converted, the inheritance is restored to him even though another should have entered into possession thereof. Therefore it would seem that in like manner, if the unbelieving wife be converted, her husband ought to be restored to her even though he should have married another wife: yet this would be impossible if the second marriage were valid. Therefore he cannot take another wife.
On the contrary, Matrimony is not ratified without the sacrament of Baptism. Now what is not ratified can be annulled. Therefore marriage contracted in unbelief can be annulled, and consequently, the marriage tie being dissolved, it is lawful for the husband to take another wife.
Further, a husband ought not to cohabit with an unbelieving wife who refuses to cohabit without insult to the Creator. If therefore it were unlawful for him to take another wife he would be forced to remain continent, which would seem unreasonable, since then he would be at a disadvantage through his conversion.
I answer that, When either husband or wife is converted to the faith the other remaining in unbelief, a distinction must be made. For if the unbeliever be willing to cohabit without insult to the Creator---that is without drawing the other to unbelief---the believer is free to part from the other, but by parting is not permitted to marry again. But if the unbeliever refuse to cohabit without insult to the Creator, by making use of blasphemous words and refusing to hear Christ's name, then if she strive to draw him to unbelief, the believing husband after parting from her may be united to another in marriage.
Reply to Objection 1: As stated above (Article ), the marriage of unbelievers is imperfect, whereas the marriage of believers is perfect and consequently binds more firmly. Now the firmer tie always looses the weaker if it is contrary to it, and therefore the subsequent marriage contracted in the faith of Christ dissolves the marriage previously contracted in unbelief. Therefore the marriage of unbelievers is not altogether firm and ratified, but is ratified afterwards by Christ's faith.
Reply to Objection 2: The sin of the wife who refuses to cohabit without insult to the Creator frees the husband from the tie whereby he was bound to his wife so as to be unable to marry again during her lifetime. It does not however dissolve the marriage at once, since if she were converted from her blasphemy before he married again, her husband would be restored to her. But the marriage is dissolved by the second marriage which the believing husband would be unable to accomplish unless he were freed from his obligation to his wife by her own fault.
Reply to Objection 3: After the believer has married, the marriage tie is dissolved on either side, because the marriage is not imperfect as to the bond, although it is sometimes imperfect as to its effect. Hence it is in punishment of the unbelieving wife rather than by virtue of the previous marriage that she is forbidden to marry again. If however she be afterwards converted, she may be allowed by dispensation to take another husband, should her husband have taken another wife.
Reply to Objection 4: The husband ought not to take a vow of continence nor enter into a second marriage, if after his conversion there be a reasonable hope of the conversion of his wife, because the wife's conversion would be more difficult if she knew she was deprived of her husband. If however there be no hope of her conversion, he can take Holy orders or enter religion, having first besought his wife to be converted. And then if the wife be converted after her husband has received Holy orders, her husband must not be restored to her, but she must take it as a punishment of her tardy conversion that she is deprived of her husband.
Reply to Objection 5: The bond of fatherhood is not dissolved by disparity of worship, as the marriage bond is: wherefore there is no comparison between an inheritance and a wife.
Objection 1: It would seem that other sins besides unbelief dissolve marriage. For adultery is seemingly more directly opposed to marriage than unbelief is. But unbelief dissolves marriage in a certain case so that it is lawful to marry again. Therefore adultery has the same effect.
Objection 2: Further, just as unbelief is spiritual fornication, so is any kind of sin. If, then unbelief dissolves marriage because it is spiritual fornication, for the same reason any kind of sin will dissolve marriage.
Objection 3: Further, it is said (Mt 5,30): "If thy right hand scandalize thee, pluck it off and cast it from thee," and a gloss of Jerome says that "by the hand and the right eye we may understand our brother, wife, relatives and children." Now these become obstacles to us by any kind of sin. Therefore marriage can be dissolved on account of any kind of sin.
Objection 4: Further, covetousness is idolatry according to Ep 5,5. Now a wife may be put away on account of idolatry. Therefore in like manner she can be put away on account of covetousness, as also on account of other sins graver than covetousness.
Objection 5: Further, the Master says this expressly (Sent. iv, D, 30).
On the contrary, It is said (Mt 5,32): "Whosoever shall put away his wife, excepting for the cause of fornication, maketh her to commit adultery."
Further, if this were true, divorces would be made all day long, since it is rare to find a marriage wherein one of the parties does not fall into sin.
I answer that, Bodily fornication and unbelief have a special contrariety to the goods of marriage, as stated above (Article ). Hence they are specially effective in dissolving marriages. Nevertheless it must be observed that marriage is dissolved in two ways. In one way as to the marriage tie, and thus marriage cannot be dissolved after it is ratified, neither by unbelief nor by adultery. But if it be not ratified, the tie is dissolved, if the one party remain in unbelief, and the other being converted to the faith has married again. On the other hand the aforesaid tie is not dissolved by adultery, else the unbeliever would be free to give a bill of divorce to his adulterous wife, and having put her away, could take another wife, which is false. In another way marriage is dissolved as to the act, and thus it can be dissolved on account of either unbelief or fornication. But marriage cannot be dissolved even as to the act on account of other sins, unless perchance the husband wish to cease from intercourse with his wife in order to punish her by depriving her of the comfort of his presence.
Reply to Objection 1: Although adultery is opposed to marriage as fulfilling an office of nature, more directly than unbelief, it is the other way about if we consider marriage as a sacrament of the Church, from which source it derives perfect stability, inasmuch as it signifies the indissoluble union of Christ with the Church. Wherefore the marriage that is not ratified can be dissolved as to the marriage tie on account of unbelief rather than on account of adultery.
Reply to Objection 2: The primal union of the soul to God is by faith, and consequently the soul is thereby espoused to God as it were, according to Os 2,20, "I will espouse thee to Me in faith." Hence in Holy Writ idolatry and unbelief are specially designated by the name of fornication: whereas other sins are called spiritual fornications by a more remote signification.
Reply to Objection 3: This applies to the case when the wife proves a notable occasion of sin to her husband, so that he has reason to fear his being in danger: for then the husband can withdraw from living with her, as stated above (Article ).
Reply to Objection 4: Covetousness is said to be idolatry on account of a certain likeness of bondage, because both the covetous and the idolater serve the creature rather than the Creator; but not on account of likeness of unbelief, since unbelief corrupts the intellect whereas covetousness corrupts the affections.
Reply to Objection 5: The words of the Master refer to betrothal, because a betrothal can be rescinded on account of a subsequent crime. Or, if he is speaking of marriage, they must be referred to the severing of mutual companionship for a time, as stated above, or to the case when the wife is unwilling to cohabit except on the condition of sinning, for instance, if she were to say: "I will not remain your wife unless you amass wealth for me by theft," for then he ought to leave her rather than thieve.
We must now consider wife-murder, under which head there are two points of inquiry:
(1) Whether in a certain case it is lawful to kill one's wife?
(2) Whether wife-murder is an impediment to marriage?
Objection 1: It would seem lawful for a man to kill his wife if she be discovered in the act of adultery. For the Divine law commanded adulterous wives to be stoned. Now it is not a sin to fulfill the Divine law. Neither therefore is it a sin to kill one's own wife if she be an adulteress.
Objection 2: Further, that which the law can rightly do, can be rightly done by one whom the law has commissioned to do it. But the law can rightly kill an adulterous wife or any other person deserving of death. Since then the law has commissioned the husband to kill his wife if she be discovered in the act of adultery, it would seem that he can rightly do so.
Objection 3: Further, the husband has greater power over his adulterous wife than over the man who committed adultery with her. Now if the husband strike a cleric whom he found with his wife he is not excommunicated. Therefore it would seem lawful for him even to kill his own wife if she be discovered in adultery.
Objection 4: Further, the husband is bound to correct his wife. But correction is given by inflicting a just punishment. Since then the just punishment of adultery is death, because it is a capital sin, it would seem lawful for a husband to kill his adulterous wife.
On the contrary, It is stated in the text (Sent. iv, D, 37) that "the Church of God is never bound by the laws of this world, for she has none but a spiritual sword." Therefore it would seem that he who wishes to belong to the Church cannot rightly take advantage of the law which permits a man to kill his wife.
Further, husband and wife are judged on a par. But it is not lawful for a wife to kill her husband if he be discovered in adultery. Neither therefore may a husband kill his wife.
I answer that, It happens in two ways that a husband kills his wife. First, by a civil judgment; and thus there is no doubt that a husband, moved by zeal for justice and not by vindictive anger or hatred can, without sin, bring a criminal accusation of adultery upon his wife before a secular court, and demand that she receive capital punishment as appointed by the law; just as it is lawful to accuse a person of murder or any other crime. Such an accusation however cannot be made in an ecclesiastical court, because, as stated in the text (Sent. iv, D, 37), the Church does not wield a material sword. Secondly, a husband can kill his wife himself without her being convicted in court, and thus to kill her outside of the act of adultery is not lawful, neither according to civil law nor according to the law of conscience, whatever evidence he may have of her adultery. The civil law however considers it, as though it were lawful, that he should kill her in the very act, not by commanding him to do so, but by not inflicting on him the punishment for murder, on account of the very great provocation which the husband receives by such a deed to kill his wife. But the Church is not bound in this matter by human laws, neither does she acquit him of the debt of eternal punishment, nor of such punishment as may be awarded him by an ecclesiastical tribunal for the reason that he is quit of any punishment to be inflicted by a secular court. Therefore in no case is it lawful for a husband to kill his wife on his own authority.
Reply to Objection 1: The law has committed the infliction of this punishment not to private individuals, but to public persons, who are deputed to this by their office. Now the husband is not his wife's judge: wherefore he may not kill her, but may accuse her in the judge's presence.
Reply to Objection 2: The civil law has not commissioned the husband to kill his wife by commanding him to do so, for thus he would not sin, just as the judge's deputy does not sin by killing the thief condemned to death: but it has permitted this by not punishing it. For which reason it has raised certain obstacles to prevent the husband from killing his wife.
Reply to Objection 3: This does not prove that it is lawful simply, but that it is lawful as regards immunity from a particular kind of punishment, since excommunication is also a kind of punishment.
Reply to Objection 4: There are two kinds of community: the household, such as a family; and the civil community, such as a city or kingdom. Accordingly, he who presides over the latter kind of community, a king for instance, can punish an individual both by correcting and by exterminating him, for the betterment of the community with whose care he is charged. But he who presides over a community of the first kind, can inflict only corrective punishment, which does not extend beyond the limits of amendment, and these are exceeded by the punishment of death. Wherefore the husband who exercises this kind of control over his wife may not kill her, but he may accuse or chastise her in some other way.
Objection 1: It would seem that wife-murder is not an impediment to marriage. For adultery is more directly opposed to marriage than murder is. Now adultery is not an impediment to marriage. Neither therefore is wife-murder.
Objection 2: Further, it is a more grievous sin to kill one's mother than one's wife, for it is never lawful to strike one's mother, whereas it is sometimes lawful to strike one's wife. But matricide is not an impediment to marriage. Neither therefore is wife-murder.
Objection 3: Further, it is a greater sin for a man to kill another man's wife on account of adultery than to kill his own wife, inasmuch as he has less motive and is less concerned with her correction. But he who kills another man's wife is not hindered from marrying. Neither therefore is he who kills his own wife.
Objection 4: Further, if the cause be removed, the effect is removed. But the sin of murder can be removed by repentance. Therefore the consequent impediment to marriage can be removed also: and consequently it would seem that after he has done penance he is not forbidden to marry.
On the contrary, A canon (caus. xxxiii, qu. ii, can. Interfectores) says: "The slayers of their own wives must be brought back to penance, and they are absolutely forbidden to marry." Further, in whatsoever a man sins, in that same must he be punished. But he who kills his wife sins against marriage. Therefore he must be punished by being deprived of marriage.
I answer that, By the Church's decree wife-murder is an impediment to marriage. Sometimes however it forbids the contracting of marriage without voiding the contract, when to wit the husband kills his wife on account of adultery or even through hatred; nevertheless if there be fear lest he should prove incontinent, he may be dispensed by the Church so as to marry lawfully. Sometimes it also voids the contract, as when a man kills his wife in order to marry her with whom he has committed adultery, for then the law declares him simply unfit to marry her, so that if he actually marry her his marriage is void. He is not however hereby rendered simply unfit by law in relation to other women: wherefore if he should have married another, although he sin by disobeying the Church's ordinance, the marriage is nevertheless not voided for this reason.
Reply to Objection 1: Murder and adultery in certain cases forbid the contracting of marriage and void the contract, as we say here in regard to wife-murder, and shall say further on (Sent. iv, Question , Article ) in regard to adultery. We may also reply that wife-murder is contrary to the substance of wedlock, whereas adultery is contrary to the good of fidelity due to marriage. Hence adultery is not more opposed to marriage than wife-murder, and the argument is based on a false premiss.
Reply to Objection 2: Simply speaking it is a more grievous sin to kill one's mother than one's wife, as also more opposed to nature, since a man reveres his mother naturally. Consequently he is less inclined to matricide and more prone to wife-murder; and it is to repress this proneness that the Church has forbidden marriage to the man who has murdered his wife.
Reply to Objection 3: Such a man does not sin against marriage as he does who kills his own wife; wherefore the comparison fails.
Reply to Objection 4: It does not follow that because guilt has been remitted therefore the entire punishment is remitted, as evidenced by irregularity. For repentance does not restore a man to his former dignity, although it can restore him to his former state of grace, as stated above (Question , Article , ad 3).
We must next consider the impediments which supervene to marriage. We shall consider (1) the impediment which affects an unconsummated marriage, namely a solemn vow: (2) the impediment which affects a consummated marriage, namely fornication. Under the first head there are three points of inquiry:
(1) Whether either party after the marriage has been consummated can enter religion without the other's consent?
(2) Whether they can enter religion before the consummation of the marriage?
(3) Whether the wife can take another husband if her former husband has entered religion before the consummation of the marriage?
Objection 1: It would seem that even after the marriage has been consummated one consort can enter religion without the other's consent. For the Divine law ought to be more favorable to spiritual things than human law. Now human law has allowed this. Therefore much more should the Divine law permit it.
Objection 2: Further, the lesser good does not hinder the greater. But the married state is a lesser good than the religious state, according to 1Co 7,38. Therefore marriage ought not to hinder a man from being able to enter religion.
Objection 3: Further, in every form of religious life there is a kind of spiritual marriage. Now it is lawful to pass from a less strict religious order to one that is stricter. Therefore it is also allowable to pass from a less strict---namely a carnal---marriage to a stricter marriage, namely that of the religious life, even without the wife's consent.
On the contrary, Married persons are forbidden (1Co 7,5) to abstain from the use of marriage even for a time without one another's consent, in order to have time for prayer.
Further, no one can lawfully do that which is prejudicial to another without the latter's consent. Now the religious vow taken by one consort is prejudicial to the other, since the one has power over the other's body. Therefore one of them cannot take a religious vow without the other's consent.
I answer that, No one can make an offering to God of what belongs to another. Wherefore since by a consummated marriage the husband's body already belongs to his wife, he cannot by a vow of continence offer it to God without her consent.
Reply to Objection 1: Human law considers marriage merely as fulfilling an office of nature: whereas the Divine law considers it as a sacrament, by reason of which it is altogether indissoluble. Hence the comparison fails.
Reply to Objection 2: It is not unreasonable that a greater good be hindered by a lesser which is contrary to it, just as good is hindered by evil.
Reply to Objection 3: In every form of religious life marriage is contracted with one person, namely Christ; to Whom, however, a person contracts more obligations in one religious order than in another. But in carnal marriage and religious marriage the contract is not with the same person: wherefore that comparison fails.
Objection 1: It would seem that even before the marriage has been consummated one consort cannot enter religion without the other's consent. For the indissolubility of marriage belongs to the sacrament of matrimony, inasmuch, namely, as it signifies the union of Christ with the Church. Now marriage is a true sacrament before its consummation, and after consent has been expressed in words of the present. Therefore it cannot be dissolved by one of them entering religion.
Objection 2: Further, by virtue of the consent expressed in words of the present, the one consort has given power over his body to the other. Therefore the one can forthwith ask for the marriage debt, and the other is bound to pay: and so the one cannot enter religion without the other's consent.
Objection 3: Further, it is said (Mt 19,6): "What God hath joined together let no man put asunder." But the union which precedes marital intercourse was made by God. Therefore it cannot be dissolved by the will of man.
On the contrary, According to Jerome [*Prolog. in Joan.] our Lord called John from his wedding.
I answer that, Before marital intercourse there is only a spiritual bond between husband and wife, but afterwards there is a carnal bond between them. Wherefore, just as after marital intercourse marriage is dissolved by carnal death, so by entering religion the bond which exists before the consummation of the marriage is dissolved, because religious life is a kind of spiritual death, whereby a man dies to the world and lives to God.
Reply to Objection 1: Before consummation marriage signifies the union of Christ with the soul by grace, which is dissolved by a contrary spiritual disposition, namely mortal sin. But after consummation it signifies the union of Christ with the Church, as regards the assumption of human nature into the unity of person, which union is altogether indissoluble.
Reply to Objection 2: Before consummation the body of one consort is not absolutely delivered into the power of the other, but conditionally, provided neither consort meanwhile seek the fruit of a better life. But by marital intercourse the aforesaid delivery is completed, because then each of them enters into bodily possession of the power transferred to him. Wherefore also before consummation they are not bound to pay the marriage debt forthwith after contracting marriage by words of the present, but a space of two months is allowed them for three reasons. First that they may deliberate meanwhile about entering religion; secondly, to prepare what is necessary for the solemnization of the wedding. thirdly, lest the husband think little of a gift he has not longed to possess (cap. Institutum, caus. xxvi, qu. ii).
Reply to Objection 3: The marriage union, before consummation, is indeed perfect as to its primary being, but is not finally perfect as to its second act which is operation. It is like bodily possession and consequently is not altogether indissoluble.
Objection 1: It would seem that the wife may not take another husband, if her husband has entered religion before the consummation of the marriage. For that which is consistent with marriage does not dissolve the marriage tie. Now the marriage tie still remains between those who equally take religious vows. Therefore by the fact that one enters religion, the other is not freed from the marriage tie. But as long as she remains tied to one by marriage, she cannot marry another. Therefore, etc.
Objection 2: Further, after entering religion and before making his profession the husband can return to the world. If then the wife can marry again when her husband enters religion, he also can marry again when he returns to the world: which is absurd.
Objection 3: Further, by a new decree (cap. Non solum, de regular. et transeunt.) a profession, if made before the expiry of a year, is accounted void. Therefore if he return to his wife after making such a profession, she is bound to receive him. Therefore neither by her husband's entry into religion, nor by his taking a vow, does the wife receive the power to marry again.
On the contrary, No one can bind another to those things which belong to perfection. Now continence is of those things that belong to perfection. Therefore a wife is not bound to continence on account of her husband entering religion, and consequently she can marry.
I answer that, Just as bodily death of the husband dissolves the marriage tie in such a way that the wife may marry whom she will, according to the statement of the Apostle (1Co 7,39); so too after the husband's spiritual death by entering religion, she can marry whom she will.
Reply to Objection 1: When both consorts take a like vow of continence, neither renounces the marriage tie, wherefore it still remains: but when only one takes the vow, then for his own part he renounces the marriage tie, wherefore the other is freed therefrom.
Reply to Objection 2: A person is not accounted dead to the world by entering religion until he makes his profession, and consequently his wife is bound to wait for him until that time.
Reply to Objection 3: We must judge of a profession thus made before the time fixed by law, as of a simple vow. Wherefore just as when the husband has taken a simple vow his wife is not bound to pay him the marriage debt, and yet has not the power to marry again, so is it in this case.
Summa - Supplement 1184