Adultery

Adultery.—Adultery is also a distinct species of lust.—(a) Definition.—Adultery is sexual intercourse with the husband or wife of another. If the sin is committed only in desire, there is mental adultery; if the paramours allow themselves unlawful familiarities without intercourse, or if a married person is guilty of solitary lust, there is imperfect adultery.

(b) Sinfulness of Adultery.—Adultery is a grave sin, since it is an act of impurity and is expressly forbidden in the sixth commandment (Exod., xx. 14), and is classed among the sins that exclude from the kingdom of heaven (I Cor., vi. 9, 10). It is a special sin, because it is a violation of the faith pledged in the contract and Sacrament of Matrimony, and an injury to the right of one’s spouse and of the conjugal state (Matt., xix. 5; Rom., vii. 3; I Cor., vii. 39). Even though a husband gives his wife permission to commit adultery or vice versa, the injustice remains, for though the individual is not formally injured, the married state is injured, since no married person has the right to give a permission opposed to the sacredness of the marriage vows (Denzinger, n. 1200).

(c) Degrees of Malice.—There are three degrees of malice in adultery. The first is that in which a married man sins with a single woman; the second that in which a married woman sins with a single man; the third that in which a married man sins with another man’s wife. The second is worse than the first, on account of its consequences (e.g., sterility, uncertainty of paternity, rearing of an illegitimate child in the family); the third is worse than the second, because in addition to the consequences just mentioned, it contains a double injustice (viz., unfaithfulness to an innocent wife and unfaithfulness to an innocent husband), and it multiplies the sin. If an adulterer’s husband or wife is also unfaithful, the injustice is lessened, but not removed; for not merely the two married persons are to be considered, but also the children, the family, society, and God; and the wrong done by one of the parties does not take away the right to fidelity pledged absolutely to all of these in marriage.

(d) Effects.—The party whose marriage rights have been injured by adultery was permitted under some former civil codes to kill a wife taken in adultery. But such laws were against justice and charity: against justice since no guilty person should be put to death unheard, and no injured person should be judge and accuser in his own case; against charity, since by such summary vengeance the adulteress would be sent to death in the midst of sin and without opportunity for repentance. The remedies of Canon Law for the innocent spouse will be noted below (2542).