§ 1. On The Unity Of Matrimony

The UNITY of matrimony, which is also called monogamy, is situated in the conjunction of one man with one woman. To unity is opposed polygamy, which is twofold: 1. simultaneous, when one man joins several wives to himself in matrimony at the same time, and this is called simply polygamy; or when one woman marries several men at the same time, and it is commonly called polyandry or polyviry; 2. successive, when after the death of the spouse, the surviving party hastens to new nuptials.

1975. Principles. I. SIMULTANEOUS POLYANDRY is prohibited, by the consent of all, by the NATURAL law itself. - For it is directly opposed to the generation and education of offspring: to generation indeed, since a woman knowing several men at the same time generally remains barren; but to education, since the father of such offspring, if perhaps it is born, is uncertain. And hence it is that prostitution, to which polyandry is reduced, has at every time been held as infamous and flagitious.⁵

1976. II. SIMULTANEOUS POLYGAMY is prohibited in the New Law by DIVINE right. - For Christ expressly taught: "Whoever shall have put away his wife and married another, commits adultery against her" (Mark 10:11). But now, if he is an adulterer who, having put away his wife, marries another, much more will he be an adulterer who does this while retaining the former. Hence Trent (sess. 24, can. 2): "If anyone shall have said that it is licit for Christians to have several wives at the same time, and that this is prohibited by no divine law: let him be anathema." - Wherefore, if some infidel, having several wives, is admitted to Baptism, he must retain only one, namely her whom he validly joined to himself in the first place, or any one of the others who is willing to embrace the Christian faith; unless the Pope has otherwise determined or permitted, according to what is to be said n. 1980.⁶

As regards the natural law, Theologians, led by St. Thomas,⁷ hold that polygamy is not contrary to the primary end of matrimony; and therefore that it is not intrinsically evil, nor absolutely prohibited by the precepts of nature; yet that it is opposed to the secondary ends of marriage, of which sort are peace, tranquility, mutual services, etc.; and therefore that it is contrary to the secondary law of nature, in which God alone can dispense. And indeed, after the flood, for just causes, moderate polygamy was granted to the Patriarchs and to the Israelite people. Indeed the more common opinion teaches that the same dispensation was extended to the Gentiles. But from the beginning it was not so (Matt. 19:8); and Christ the Lord restored the law of matrimony, whether for Christians or for Gentiles, to its primeval integrity.

1977. III. SUCCESSIVE polygamy has never been prohibited; and therefore second and later nuptials are LICIT, both for the man and for the woman, even under the evangelical law. - This is clear from the authority and practice of the Church, and also from the words of Paul the Apostle (1 Cor. 7:39): "The woman is bound by the law as long as her husband lives; but if her husband sleeps, she is freed; let her marry whom she will, only in the Lord." Recalling these words, Eugene IV in the decree for the Jacobites declared: "not only second, but third and fourth and further nuptials, if some impediment does not stand in the way, can be contracted licitly."

Nevertheless, the Church of God has always followed widowhood with special honor, nor has she ever held second nuptials as honorable as first nuptials, since the union of Christ with the one Church is represented less perfectly through them (cf. n. 1937).

Note. From the modern Codes, a WIDOW cannot enter matrimony unless ten months have elapsed from the death of the prior husband, or she has given birth: nevertheless this prohibition does not have the force of invalidating civil matrimony.⁸