§ 1. On The Obligation Of Cohabiting

2120. Principles. I. "It is certain that spouses ARE HELD, from an obligation of justice, TO COHABIT in the same house, at table and bed."¹ - This is clear both from reason, namely from the nature of marriage, and from the words of the Lord: "A man shall leave father and mother, and shall cling to his wife" (Matt. 19:5).

Hence it is inferred: 1. "Neither spouse can depart elsewhere, against the will of the other, for a long time, unless just causes are present, namely on account of the public good, or for nourishing or protecting the family, or for avoiding harm from enemies."

2. "If the husband had to remain elsewhere for a long time, he would be bound, if he conveniently can, to bring his wife there, so that she may cohabit with him."

3. The wife is held, more probably, to follow the husband into exile; because she is held to suffer his misfortune. Similarly the husband is held to accompany the wife, if necessity compels her to change domicile.²

2121. II. "Regularly the WIFE is held TO FOLLOW THE HUSBAND changing domicile, even if he changes without just cause, provided the cause is not foul. And this, even if somewhere there is a contrary custom, which cannot derogate from divine law, which constituted the man the head of the wife. Likewise also, if the husband departs far away and will remain there for a long time. But otherwise, if he is going to return from there shortly; for then neither is the wife held to follow the husband, nor the husband to lead the wife with him, just as neither is the husband held to lead her with him, even if he departs far away, if great expenses would be required to transport her there."³

We said regularly; for "the wife is not held to follow the husband if he wishes to drag her into sin, or if the wife by departure would be exposed to grave danger of life, or to danger of grave detriment. Thus likewise the wife is not held to follow a wandering husband, unless before matrimony she knew his errant life."⁴

IT IS ASKED. Whether it is licit for a husband not to cohabit with his wife, and to expel her from the house, ON ACCOUNT OF A DOWRY promised and not paid?

Resp. Panormitanus with others affirms; but others with Sanchez more commonly and more probably deny. - "The reason is that the obligation of cohabiting does not arise from the payment of dowry, but from the natural and divine law itself, by which the husband is held to render the debt to the wife, and therefore to live with her. - Whence authors say that even if the husband has not yet led the wife into his house, he is held to lead her there, notwithstanding that the dowry was not paid."⁵