Article — Merkelbach, Pastoral Questions
Article I: Concerning Impediments in General
- I. Notion of a matrimonial impediment.
a. An impediment is called a certain circumstance which, from the disposition of law, bars one from entering a matrimonial contract, either licitly or validly.
b. Division: 1° by reason of the author, impediments are distinguished as of divine law, whether natural or positive; and of human law, whether ecclesiastical (for the baptized) or civil (for unbelievers).
2° by reason of effect, impediments are distinguished as diriment and merely prohibiting.
"A diriment impediment both gravely prohibits matrimony to be contracted, and prevents it from being contracted validly." (Can. 1036 § 2.)
A prohibiting impediment, or "an impeding one, contains a grave prohibition of contracting matrimony; which nevertheless is not rendered void if, notwithstanding the impediment, it is contracted." (ibid. § 1.)
3° by reason of scope, impediments are absolute, i.e., those which stand in the way of matrimony with any person whatsoever; or relative, i.e., those which stand in the way of contracting matrimony only with certain persons.
4° by reason of divulgation, an impediment will be public or occult. It is public if it can be proved in the external forum; otherwise occult. (Can. 1037.)
5° by reason of duration, an impediment is perpetual, i.e., one which of itself always remains; or temporary, which ceases by the very fact when time has elapsed.
6° by reason of knowledge, an impediment can be certain or doubtful. But a doubt affecting an impediment is borne either toward the law itself which introduces the impediment, and then it is a doubt of law; or it concerns the very fact of incurring the impediment, and then there is a doubt of fact.
7° by reason of possible dispensation, impediments are distinguished as dispensable, namely those in which the Church can and is accustomed to dispense; and indispensable, those in which the Church either cannot dispense, or at least never dispenses.
- II. A doubtful impediment.
a. A doubtful impediment, in a doubt of merely ecclesiastical law, is to be considered practically as not existing. (cf. Can. 15.)
b. An impediment of ecclesiastical law, doubtful by a doubt of fact, indeed urges; but the Ordinary can dispense in it, provided that there is question of an impediment in which the Roman Pontiff is accustomed to dispense. (cf. Can. 15.)
c. In a doubt either of law or of fact, or of law and fact at once, when there is question of an impediment of divine law, matrimony cannot be celebrated, unless there is question of the impediment of impotence. For then matrimony must not be impeded, because the natural right of contracting matrimony prevails. (Cf. Can. 1068 § 2.)
- III. An unknown impediment.
Ignorance, although altogether invincible, does not prevent a diriment impediment from being incurred and matrimony contracted with such an impediment from being plainly invalid.