Summa - Supplement 1105

Whether affinity is a cause of affinity?


Objection 1: It would seem that affinity also is a cause of affinity. For Pope Julius I says (cap. Contradicimus 35, qu. iii): "No man may marry his wife's surviving blood-relation": and it is said in the next chapter (cap. Porro duorum) that "the wives of two cousins are forbidden to marry, one after the other, the same husband." But this is only on account of affinity being contracted through union with a person related by affinity. Therefore affinity is a cause of affinity.

Objection 2: Further, carnal intercourse makes persons akin even as carnal procreation, since the degrees of affinity and consanguinity are reckoned equally. But consanguinity causes affinity. Therefore affinity does also.

Objection 3: Further, things that are the same with one and the same are the same with one another. But the wife contracts the same relations with all her husband's kindred. Therefore all her husband's kindred are made one with all who are related by affinity to the wife, and thus affinity is the cause of affinity.

Objection 4: On the contrary, If affinity is caused by affinity a man who has connection with two women can marry neither of them, because then the one would be related to the other by affinity. But this is false. Therefore affinity does not cause affinity.

Objection 5: Further, if affinity arose out of affinity a man by marrying another man's widow would contract affinity with all her first husband's kindred, since she is related to them by affinity. But this cannot be the case because he would become especially related by affinity to her deceased husband. Therefore, etc.

Objection 6: Further, consanguinity is a stronger tie than affinity. But the blood-relations of the wife do not become blood-relations of the husband. Much less, therefore, does affinity to the wife cause affinity to her blood-relations, and thus the same conclusion follows.

I answer that, There are two ways in which one thing proceeds from another: in one way a thing proceeds from another in likeness of species, as a man is begotten of a man: in another way one thing proceeds from another, not in likeness of species; and this process is always towards a lower species, as instanced in all equivocal agents. The first kind of procession, however often it be repeated, the same species always remains: thus if one man be begotten of another by an act of the generative power, of this man also another man will be begotten, and so on. But the second kind of procession, just as in the first instance it produces another species, so it makes another species as often as it is repeated. Thus by movement from a point there proceeds a line and not a point, because a point by being moved makes a line; and from a line moved lineally, there proceeds not a line but a surface, and from a surface a body, and in this way the procession can go no further. Now in the procession of kinship we find two kinds whereby this tie is caused: one is by carnal procreation, and this always produces the same species of relationship; the other is by the marriage union, and this produces a different kind of relationship from the beginning: thus it is clear that a married woman is related to her husband's blood-relations not by blood but by affinity. Wherefore if this kind of process be repeated, the result will be not affinity but another kind of relationship; and consequently a married party contracts with the affines of the other party a relation not of affinity but of some other kind which is called affinity of the second kind. And again if a person through marriage contracts relationship with an affine of the second kind, it will not be affinity of the second kind, but of a third kind, as indicated in the verse quoted above (Article [1]). Formerly these two kinds were included in the prohibition, under the head of the justice of public honesty rather than under the head of affinity, because they fall short of true affinity, in the same way as the relationship arising out of betrothal. Now however they have ceased to be included in the prohibition, which now refers only to the first kind of affinity in which true affinity consists.

Reply to Objection 1: A husband contracts affinity of the first kind with his wife's male blood-relation, and affinity of the second kind with the latter's wife: wherefore if the latter man dies the former cannot marry his widow on account of the second kind of affinity. Again if a man A marry a widow B, C, a relation of her former husband being connected with B by the first kind of affinity, contracts affinity of the second kind with her husband A; and D, the wife of this relation C being connected, by affinity of the second kind, with B, this man's wife contracts affinity of the third kind with her husband A. And since the third kind of affinity was included in the prohibition on account of a certain honesty more than by reason of affinity, the canon (cap. Porro duorum 35, qu. iii) says: "The justice of public honesty forbids the wives of two cousins to be married to the same man, the one after the other." But this prohibition is done away with.

Reply to Objection 2: Although carnal intercourse is a cause of people being connected with one another, it is not the same kind of connection.

Reply to Objection 3: The wife contracts the same connection with her husband's relatives as to the degree but not as to the kind of connection.

Since however the arguments in the contrary sense would seem to show that no tie is caused by affinity, we must reply to them lest the time-honored prohibition of the Church seem unreasonable.

Reply to Objection 4: As stated above, a woman does not contract affinity of the first kind with the man to whom she is united in the flesh, wherefore she does not contract affinity of the second kind with a woman known by the same man; and consequently if a man marry one of these women, the other does not contract affinity of the third kind with him. And so the laws of bygone times did not forbid the same man to marry successively two women known by one man.

Reply to Objection 5: As a man is not connected with his wife by affinity of the first kind, so he does not contract affinity of the second kind with the second husband of the same wife. Wherefore the argument does not prove.

Reply to Objection 6: One person is not connected with me through another, except they be connected together. Hence through a woman who is affine to me, no person becomes connected with me, except such as is connected with her. Now this cannot be except through carnal procreation from her, or through connection with her by marriage: and according to the olden legislation, I contracted some kind of connection through her in both ways: because her son even by another husband becomes affine to me in the same kind and in a different degree of affinity, as appears from the rule given above: and again her second husband becomes affine to me in the second kind of affinity. But her other blood-relations are not connected with him, but she is connected with them, either as with father or mother, inasmuch as she descends from them, or, as with her brothers, as proceeding from the same principle; wherefore the brother or father of my affine does not become affine to me in any kind of affinity.

Whether affinity is an impediment to marriage?


Objection 1: It would seem that affinity is not an impediment to marriage. For nothing is an impediment to marriage except what is contrary thereto. But affinity is not contrary to marriage since it is caused by it. Therefore it is not an impediment to marriage.

Objection 2: Further, by marriage the wife becomes a possession of the husband. Now the husband's kindred inherit his possessions after his death. Therefore they can succeed to his wife, although she is affine to them, as shown above (Article [5]). Therefore affinity is not an impediment to marriage.

On the contrary, It is written (
Lv 18,8): "Thou shalt not uncover the nakedness of thy father's wife." Now she is only affine. Therefore affinity is an impediment to marriage.

I answer that, Affinity that precedes marriage hinders marriage being contracted and voids the contract, for the same reason as consanguinity. For just as there is a certain need for blood-relations to live together, so is there for those who are connected by affinity: and just as there is a tie of friendship between blood-relations, so is there between those who are affine to one another. If, however, affinity supervene to matrimony, it cannot void the marriage, as stated above (Question [50], Article [7]).

Reply to Objection 1: Affinity is not contrary to the marriage which causes it, but to a marriage being contracted with an affine, in so far as the latter would hinder the extension of friendship and the curbing of concupiscence, which are sought in marriage.

Reply to Objection 2: The husband's possessions do not become one with him as the wife is made one flesh with him. Wherefore just as consanguinity is an impediment to marriage or union with the husband according to the flesh, so is one forbidden to marry the husband's wife.

Whether affinity in itself admits of degrees?


Objection 1: It would seem that affinity in itself admits of degrees. For any kind of propinquity can itself be the subject of degrees. Now affinity is a kind of propinquity. Therefore it has degrees in itself apart from the degrees of consanguinity by which it is caused.

Objection 2: Further, it is stated in the text (Sent. iv, D, 41) that the child of a second marriage could not take a consort from within the degrees of affinity of the first husband. But this would not be the case unless the son of an affine were also affine. Therefore affinity like consanguinity admits itself of degrees.

On the contrary, Affinity is caused by consanguinity. Therefore all the degrees of affinity are caused by the degrees of consanguinity: and so it has no degrees of itself.

I answer that, A thing does not of itself admit of being divided except in reference to something belonging to it by reason of its genus: thus animal is divided into rational and irrational and not into white and black. Now carnal procreation has a direct relation to consanguinity, because the tie of consanguinity is immediately contracted through it; whereas it has no relation to affinity except through consanguinity which is the latter's cause. Wherefore since the degrees of relationship are distinguished in reference to carnal procreation, the distinction of degrees is directly and immediately referable to consanguinity, and to affinity through consanguinity. Hence the general rule in seeking the degrees of affinity is that in whatever degree of consanguinity I am related to the husband, in that same degree of affinity I am related to the wife.

Reply to Objection 1: The degrees in propinquity of relationship can only be taken in reference to ascent and descent of propagation, to which affinity is compared only through consanguinity. Wherefore affinity has no direct degrees, but derives them according to the degrees of consanguinity.

Reply to Objection 2: Formerly it used to be said that the son of my affine by a second marriage was affine to me, not directly but accidentally as it were: wherefore he was forbidden to marry on account of the justice of public honesty rather than affinity. And for this reason this prohibition is now revoked.

Whether the degrees of affinity extend in the same way as the degrees of consanguinity?


Objection 1: It would seem that the degrees of affinity do not extend in the same way as the degrees of consanguinity. For the tie of affinity is less strong than the tie of consanguinity, since affinity arises from consanguinity in diversity of species, as from an equivocal cause. Now the stronger the tie the longer it lasts. Therefore the tie of affinity does not last to the same number of degrees as consanguinity.

Objection 2: Further, human law should imitate Divine law. Now according to the Divine law certain degrees of consanguinity were forbidden, in which degrees affinity was not an impediment to marriage: as instanced in a brother's wife whom a man could marry although he could not marry her sister. Therefore now too the prohibition of affinity and consanguinity should not extend to the same degrees.

On the contrary, A woman is connected with me by affinity from the very fact that she is married to a blood-relation of mine. Therefore in whatever degree her husband is related to me by blood she is related to me in that same degree by affinity: and so the degrees of affinity should be reckoned in the same number as the degrees of consanguinity.

I answer that, Since the degrees of affinity are reckoned according to the degrees of consanguinity, the degrees of affinity must needs be the same in number as those of consanguinity. Nevertheless, affinity being a lesser tie than consanguinity, both formerly and now, a dispensation is more easily granted in the more remote degrees of affinity than in the remote degrees of consanguinity.

Reply to Objection 1: The fact that the tie of affinity is less than the tie of consanguinity causes a difference in the kind of relationship but not in the degrees. Hence this argument is not to the point.

Reply to Objection 2: A man could not take his deceased brother's wife except, in the case when the latter died without issue, in order to raise up seed to his brother. This was requisite at a time when religious worship was propagated by means of the propagation of the flesh, which is not the case now. Hence it is clear that he did not marry her in his own person as it were, but as supplying the place of his brother.

Whether a marriage contracted by persons with the degrees of affinity or consanguinity should always be annulled?


Objection 1: It would seem that a marriage contracted by persons within the degrees of affinity or consanguinity ought not always to be annulled by divorce. For "what God hath joined together let no man put asunder" (
Mt 19,6). Since then it is understood that what the Church does God does, and since the Church sometimes through ignorance joins such persons together, it would seem that if subsequently this came to knowledge they ought not to be separated.

Objection 2: Further, the tie of marriage is less onerous than the tie of ownership. Now after a long time a man may acquire by prescription the ownership of a thing of which he was not the owner. Therefore by length of time a marriage becomes good in law, although it was not so before.

Objection 3: Further, of like things we judge alike. Now if a marriage ought to be annulled on account of consanguinity, in the case when two brothers marry two sisters, if one be separated on account of consanguinity, the other ought to be separated for the same reason. and yet this is not seemly. Therefore a marriage ought not to be annulled on account of affinity or consanguinity.

On the contrary, Consanguinity and affinity forbid the contracting of a marriage and void the contract. Therefore if affinity or consanguinity be proved, the parties should be separated even though they have actually contracted marriage.

I answer that, Since all copulation apart from lawful marriage is a mortal sin, which the Church uses all her endeavors to prevent, it belongs to her to separate those between whom there cannot be valid marriage, especially those related by blood or by affinity, who cannot without incest be united in the flesh.

Reply to Objection 1: Although the Church is upheld by God's gift and authority, yet in so far as she is an assembly of men there results in her acts something of human frailty which is not Divine. Therefore a union effected in the presence of the Church who is ignorant of an impediment is not indissoluble by Divine authority, but is brought about contrary to Divine authority through man's error, which being an error of fact excuses from sin, as long as it remains. Hence when the impediment comes to the knowledge of the Church, she ought to sever the aforesaid union.

Reply to Objection 2: That which cannot be done without sin is not ratified by any prescription, for as Innocent III says (Conc. Later. iv, can. 50: cap. Non debent, De consang. et affinit.), "length of time does not diminish sin but increases it": nor can it in any way legitimize a marriage which could not take place between unlawful persons.

Reply to Objection 3: In contentious suits between two persons the verdict does not prejudice a third party, wherefore although the one brother's marriage with the one sister is annulled on account of consanguinity, the Church does not therefore annul the other marriage against which no action is taken. Yet in the tribunal of the conscience the other brother ought not on this account always to be bound to put away his wife, because such accusations frequently proceed from ill-will, and are proved by false witnesses. Hence he is not bound to form his conscience on what has been done about the other marriage: but seemingly one ought to draw a distinction, because either he has certain knowledge of the impediment of his marriage, or he has an opinion about it, or he has neither. In the first case, he can neither seek nor pay the debt, in the second, he must pay, but not ask, in the third he can both pay and ask.

Whether it is necessary to proceed by way of accusation for the annulment of a marriage contracted by persons related to each other by affinity or consanguinity?


Objection 1: It would seem that one ought not to proceed by way of accusation in order to sever a marriage contracted between persons related by affinity or consanguinity. Because accusation is preceded by inscription* whereby a man binds himself to suffer the punishment of retaliation, if he fail to prove his accusation. [*The accuser was bound by Roman Law to endorse (se inscribere) the writ of accusation; Cf.
II-II 33,7]. But this is not required when a matrimonial separation is at issue. Therefore accusation has no place then. Aquin.: SMT XP Question [55] Article [10] Obj. 2 Para. 1/1 OBJ 2: Further, in a matrimonial lawsuit only the relatives are heard, as stated in the text (Sent. iv, D, 41). But in accusations even strangers are heard. Therefore in a suit for matrimonial separation the process is not by way of accusation.

Objection 3: Further, if a marriage ought to be denounced this should be done especially where it is least difficult to sever the tie. Now this is when only the betrothal has been contracted, and then it is not the marriage that is denounced. Therefore accusation should never take place at any other time.

Objection 4: Further, a man is not prevented from accusing by the fact that he does not accuse at once. But this happens in marriage, for if he was silent at first when the marriage was being contracted, he cannot denounce the marriage afterwards without laying himself open to suspicion. Therefore, etc.

On the contrary, Whatever is unlawful can be denounced. But the marriage of relatives by affinity and consanguinity is unlawful. Therefore it can be denounced.

I answer that, Accusation is instituted lest the guilty be tolerated as though they were innocent. Now just as it happens through ignorance of fact that a guilty man is reputed innocent, so it happens through ignorance of a circumstance that a certain fact is deemed lawful whereas it is unlawful. Wherefore just as a man is sometimes accused, so is a fact sometimes an object of accusation. It is in this way that a marriage is denounced, when through ignorance of an impediment it is deemed lawful, whereas it is unlawful.

Reply to Objection 1: The punishment of retaliation takes place when a person is accused of a crime, because then action is taken that he may be punished. But when it is a deed that is accused, action is taken not for the punishment of the doer, but in order to prevent what is unlawful. Hence in a matrimonial suit the accuser does not bind himself to a punishment. Moreover, the accusation may be made either in words or in writing, provided the person who denounces the marriage denounced, and the impediment for which it is denounced, be expressed.

Reply to Objection 2: Strangers cannot know of the consanguinity except from the relatives, since these know with greater probability. Hence when these are silent, a stranger is liable to be suspected of acting from ill-will unless he wish the relatives to prove his assertion. Wherefore a stranger is debarred from accusing when there are relatives who are silent, and by whom he cannot prove his accusation. On the other hand the relatives, however nearly related they be, are not debarred from accusing, when the marriage is denounced on account of a perpetual impediment, which prevents the contracting of the marriage and voids the contract. When, however, the accusation is based on a denial of the contract having taken place, the parents should be debarred from witnessing as being liable to suspicion, except those of the party that is inferior in rank and wealth, for they, one is inclined to think, would be willing for the marriage to stand.

Reply to Objection 3: If the marriage is not yet contracted and there is only a betrothal, there can be no accusation, for what is not, cannot be accused. But the impediment can be denounced lest the marriage be contracted.

Reply to Objection 4: He who is silent at first is sometimes heard afterwards if he wish to denounce the marriage, and sometimes he is repulsed. This is made clear by the Decretal (cap. Cum in tua, De his qui matrim. accus. possunt.) which runs as follows: "If an accuser present himself after the marriage has been contracted, since he did not declare himself when according to custom, the banns were published in church, we may rightly ask whether he should be allowed to voice his accusation. In this matter we deem that a distinction should be made, so that if he who lodges information against persons already married was absent from the diocese at the time of the aforesaid publication, or if for some other reason this could not come to his knowledge, for instance if through exceeding stress of weakness and fever he was not in possession of his faculties, or was of so tender years as to be too young to understand such matters, or if he were hindered by some other lawful cause, his accusation should be heard. otherwise without doubt he should be repulsed as open to suspicion, unless he swear that the information lodged by him came to his knowledge subsequently and that he is not moved by ill-will to make his accusation."

Whether in a suit of this kind one should proceed by hearing witnesses in the same way as in other suits?


Objection 1: It would seem that in such a suit one ought not to proceed by hearing witnesses, in the same way as in other suits where any witnesses may be called provided they be unexceptionable. But here strangers are not admitted, although they be unexceptionable. Therefore, etc.

Objection 2: Further, witnesses who are suspected of private hatred or love are debarred from giving evidence. Now relatives are especially open to suspicion of love for one party, and hatred for the other. Therefore their evidence should not be taken.

Objection 3: Further, marriage is a more favorable suit than those others in which purely corporeal questions are at stake. Now in these the same person cannot be both accuser and witness. Neither therefore can this be in a matrimonial suit; and so it would appear that it is not right to proceed by hearing witnesses in a suit of this kind.

On the contrary, Witnesses are called in a suit in order to give the judge evidence concerning matters of doubt. Now evidence should be afforded the judge in this suit as in other suits, since he must not pronounce a hasty judgment on what is not proven. Therefore here as in other lawsuits witnesses should be called.

I answer that, In this kind of lawsuit as in others, truth must be unveiled by witnesses: yet, as the lawyers say, there are many things peculiar to this suit; namely that "the same person can be accuser and witness; that evidence is not taken 'on oath of calumny,' since it is a quasi-spiritual lawsuit; that relatives are allowed as witnesses; that the juridical order is not perfectly observed, since if the denunciation has been made, and the suit is uncontested, the defendant may be excommunicated if contumacious; that hearsay evidence is admitted; and that witnesses may be called after the publication of the names of the witnesses." All this is in order to prevent the sin that may occur in such a union (cap. Quoties aliqui; cap. Super eo, De test. et attest.; cap. Literas, De juram. calumn.).

This suffices for the Replies to the Objections.



We must now consider the impediment of spiritual relationship: under which head there are five points of inquiry:

(1) Whether spiritual relationship is an impediment to marriage?

(2) From what cause is it contracted?

(3) Between whom?

(4) Whether it passes from husband to wife?

(5) Whether it passes to the father's carnal children?

Whether spiritual relationship is an impediment to marriage?


Objection 1: It would seem that spiritual relationship is not an impediment to marriage. For nothing is an impediment to marriage save what is contrary to a marriage good. Now spiritual relationship is not contrary to a marriage good. Therefore it is not an impediment to marriage.

Objection 2: Further, a perpetual impediment to marriage cannot stand together with marriage. But spiritual relationship sometimes stands together with marriage, as stated in the text (Sent. iv, D, 42), as when a man in a case of necessity baptizes his own child, for then he contracts a spiritual relationship with his wife, and yet the marriage is not dissolved. Therefore spiritual relationship is not an impediment to marriage.

Objection 3: Further, union of the spirit does not pass to the flesh. But marriage is a union of the flesh. Therefore since spiritual relationship is a union of the spirit, it cannot become an impediment to marriage.

Objection 4: Further, contraries have not the same effects. Now spiritual relationship is apparently contrary to disparity of worship, since spiritual relationship is a kinship resulting from the giving of a sacrament or the intention of so doing [*See next Article, ad 3]: whereas disparity of worship consists in the lack of a sacrament, as stated above (Question [50], Article [1]). Since then disparity of worship is an impediment to matrimony, it would seem that spiritual relationship has not this effect.

On the contrary, The holier the bond, the more is it to be safeguarded. Now a spiritual bond is holier than a bodily tie: and since the tie of bodily kinship is an impediment to marriage, it follows that spiritual relationship should also be an impediment.

Further, in marriage the union of souls ranks higher than union of bodies, for it precedes it. Therefore with much more reason can a spiritual relationship hinder marriage than bodily relationship does.

I answer that, Just as by carnal procreation man receives natural being, so by the sacraments he receives the spiritual being of grace. Wherefore just as the tie that is contracted by carnal procreation is natural to man, inasmuch as he is a natural being, so the tie that is contracted from the reception of the sacraments is after a fashion natural to man, inasmuch as he is a member of the Church. Therefore as carnal relationship hinders marriage, even so does spiritual relationship by command of the Church. We must however draw a distinction in reference to spiritual relationship, since either it precedes or follows marriage. If it precedes, it hinders the contracting of marriage and voids the contract. If it follows, it does not dissolve the marriage bond: but we must draw a further distinction in reference to the marriage act. For either the spiritual relationship is contracted in a case of necessity, as when a father baptizes his child who is at the point of death---and then it is not an obstacle to the marriage act on either side---or it is contracted without any necessity and through ignorance, in which case if the person whose action has occasioned the relationship acted with due caution, it is the same with him as in the former case---or it is contracted purposely and without any necessity, and then the person whose action has occasioned the relationship, loses the right to ask for the debt; but is bound to pay if asked, because the fault of the one party should not be prejudicial to the other.

Reply to Objection 1: Although spiritual relationship does not hinder any of the chief marriage goods, it hinders one of the secondary goods, namely the extension of friendship, because spiritual relationship is by itself a sufficient reason for friendship: wherefore intimacy and friendship with other persons need to be sought by means of marriage.

Reply to Objection 2: Marriage is a lasting bond, wherefore no supervening impediment can sever it. Hence it happens sometimes that marriage and an impediment to marriage stand together, but not if the impediment precedes.

Reply to Objection 3: In marriage there is not only a bodily but also a spiritual union: and consequently kinship of spirit proves an impediment thereto, without spiritual kinship having to pass into a bodily relationship.

Reply to Objection 4: There is nothing unreasonable in two things that are contrary to one another being contrary to the same thing, as great and small are contrary to equal. Thus disparity of worship and spiritual relationship are opposed to marriage, because in one the distance is greater, and in the other less, than required by marriage. Hence there is an impediment to marriage in either case.

Whether spiritual relationship is contracted by baptism only?


Objection 1: It would seem that spiritual relationship is contracted by Baptism only. For as bodily kinship is to bodily birth, so is spiritual kinship to spiritual birth. Now Baptism alone is called spiritual birth. Therefore spiritual kinship is contracted by Baptism only, even as only by carnal birth is carnal kinship contracted.

Objection 2: Further, a character is imprinted in order as in Confirmation. But spiritual relationship does not result from receiving orders. Therefore it does not result from Confirmation but only from Baptism.

Objection 3: Further, sacraments are more excellent than sacramentals. Now spiritual relationship does not result from certain sacraments, for instance from Extreme Unction. Much less therefore does it result from catechizing, as some maintain.

Objection 4: Further, many other sacramentals are attached to Baptism besides catechizing. Therefore spiritual relationship is not contracted from catechism any more than from the others.

Objection 5: Further, prayer is no less efficacious than instruction of catechism for advancement in good. But spiritual relationship does not result from prayer. Therefore it does not result from catechism.

Objection 6: Further, the instruction given to the baptized by preaching to them avails no less than preaching to those who are not yet baptized. But no spiritual relationship results from preaching. Neither therefore does it result from catechism.

Objection 7: On the other hand, It is written (
1Co 4,15): "In Christ Jesus by the gospel I have begotten you." Now spiritual birth causes spiritual relationship. Therefore spiritual relationship results from the preaching of the gospel and instruction, and not only from Baptism.

Objection 8: Further, as original sin is taken away by Baptism, so is actual sin taken away by Penance. Therefore just as Baptism causes spiritual relationship, so also does Penance.

Objection 9: Further, "father" denotes relationship. Now a man is called another's spiritual father in respect of Penance, teaching, pastoral care and many other like things. Therefore spiritual relationship is contracted from many other sources besides Baptism and Confirmation.

I answer that, There are three opinions on this question. Some say that as spiritual regeneration is bestowed by the sevenfold grace of the Holy Ghost, it is caused by means of seven things, beginning with the first taste of blessed salt and ending with Confirmation given by the bishop: and they say that spiritual relationship is contracted by each of these seven things. But this does not seem reasonable, for carnal relationship is not contracted except by a perfect act of generation. Wherefore affinity is not contracted except there be mingling of seeds, from which it is possible for carnal generation to follow. Now spiritual generation is not perfected except by a sacrament: wherefore it does not seem fitting for spiritual relationship to be contracted otherwise than through a sacrament. Hence others say that spiritual relationship is only contracted through three sacraments, namely catechism, Baptism and Confirmation, but these do not apparently know the meaning of what they say, since catechism is not a sacrament but a sacramental. Wherefore others say that it is contracted through two sacraments only, namely Confirmation and Baptism, and this is the more common opinion. Some however of these say that catechism is a weak impediment, since it hinders the contracting of marriage but does not void the contract.

Reply to Objection 1: Carnal birth is twofold. The first is in the womb, wherein that which is born is a weakling and cannot come forth without danger: and to this birth regeneration by Baptism is likened; wherein a man is regenerated as though yet needing to be fostered in the womb of the Church. The second is birth from out of the womb, when that which was born in the womb is so far strengthened that it can without danger face the outer world which has a natural corruptive tendency. To this is likened Confirmation, whereby man being strengthened goes forth abroad to confess the name of Christ. Hence spiritual relationship is fittingly contracted through both these sacraments.

Reply to Objection 2: The effect of the sacrament of order is not regeneration but the bestowal of power, for which reason it is not conferred on women, and consequently no impediment to marriage can arise therefrom. Hence this kind of relationship does not count.

Reply to Objection 3: In catechism one makes a profession of future Baptism, just as in betrothal one enters an engagement of future marriage. Wherefore just as in betrothal a certain kind of propinquity is contracted, so is there in catechism, whereby marriage is rendered at least unlawful, as some say; but not in the other sacraments.

Reply to Objection 4: There is not made a profession of faith in the other sacramentals of Baptism, as in catechism: wherefore the comparison fails.

The same answer applies to the Fifth and Sixth Objections.

Reply to Objection 7: The Apostle had instructed them in the faith by a kind of catechism; and consequently his instruction was directed to their spiritual birth.

Reply to Objection 8: Properly speaking a spiritual relationship is not contracted through the sacrament of Penance. Wherefore a priest's son can marry a woman whose confession the priest has heard, else in the whole parish he could not find a woman whom he could marry. Nor does it matter that by Penance actual sin is taken away, for this is not a kind of birth, but a kind of healing. Nevertheless Penance occasions a kind of bond between the woman penitent and the priest, that has a resemblance to spiritual relationship, so that if he have carnal intercourse with her, he sins as grievously as if she were his spiritual daughter. The reason of this is that the relations between priest and penitent are most intimate, and consequently in order to remove the occasion of sin this prohibition [*Can. Omnes quos, and seqq., Caus. xxx] was made.

Reply to Objection 9: A spiritual father is so called from his likeness to a carnal father. Now as the Philosopher says (Ethic. viii, 2) a carnal father gives his child three things, being nourishment and instruction: and consequently a person's spiritual father is so called from one of these three things. Nevertheless he has not, through being his spiritual father, a spiritual relationship with him, unless he is like a (carnal) father as to generation which is the way to being. This solution may also be applied to the foregoing Eighth Objection.

Summa - Supplement 1105