Article II: On Impotence

S. Th., Suppl., q. 58, a. 1 and 2.

876. Impotence (impuissance; lichamelijk onvermogen) is defined by St. Raymond of Penyafort, in the Summa, l. 4: the impossibility of coeundi, or a defect of soul or body or both, by which someone is impeded from mingling carnally with another.

It is said: 1) the impossibility of coeundi, i.e., of exercising perfect copula or an act of itself apt for generation; hence it is not mere impotence of generating or of procreating offspring from copula, which can stand together with potency of coeundi and arise from a natural defect: this is properly called sterility.

2. a defect of soul or body or both, by which are indicated the various spiritual or bodily causes from which impotence can arise: for one kind is organic, from a physical defect or lesion in the bodily organs required for copula, another functional, from a cause affecting the physiological or psychic life, for instance from some affection such as hatred or aversion, from diseases influencing the nervous system, even from malefice, which nevertheless happens only rarely.

3. by which someone is impeded from mingling carnally with another, namely, in the natural mode, even if generation were possible in, for example, an artificial mode. For copula to be completed in the natural mode, or for an act of itself apt for generation, it is required that the man penetrate the woman's vagina with the penis and pour out and deposit semen or sperm in the vagina, and that the woman receive the semen in the vagina.

Impotence is variously distinguished:

1. It is natural or artificial, according as it arises from a natural and intrinsic cause, as from defective conformation or natural frigidity, or from an accidental extrinsic cause, for example, from disease, lesion, or surgical operation.

2. It is perpetual, if it can in no way, or at least not morally, be removed, namely by ordinary lawful means and means not gravely dangerous; on the contrary temporary, if it can be removed by these means or even ceases spontaneously.

3. It is absolute or relative, according as it is toward every person or toward a determinate person.

4. It is antecedent or consequent, according as it precedes matrimony, or supervenes only after matrimony has been contracted.

877. Various causes of impotence. - In order that the whole matter may be well understood, His Eminence Cardinal Gasparri, o. c., n. 509, observes that in human generation there is a human action and an action of nature. The human action is concluded by the penetration of the virile member into the vagina and the pouring forth of true semen in the same; then the action of nature begins. 1 The active principle of the human action is the man, insofar as he penetrates the female vessel and pours true semen into the same; the passive principle is the woman, insofar as she receives true semen in the vagina. The human action is called copula or coitus. The organs of this human action are, on the part of the woman, the receiving vagina; on the part of the man, the testicles forming and the penis emitting true semen; the active prolific element is sperm. The action of nature is chiefly of the woman; and its functions are the passage of the sperm to the interior, the descent of the ovule into the uterus through the tubes, the fecundation of the mature ovule, the development of the fetus in the uterus, birth; the organs of this action are the ovaries in which the ovules are made, the tubes through which the ovule descends from the ovary to the uterus, and the uterus.

Therefore: A. Impotence is present if the human action necessary for generation is not possible, or whenever the organs expeditious for carnal copula are not present, or, the organ being present, copula is nevertheless impossible. Hence:

a) In a man impotence is: 1) absence of the penis or virile member; 2) defect of both testicles or their perfect crushing or atrophy, so that they cannot produce testicular semen; 3) double vasectomy or resection of both canals carrying semen; 4) disproportion of the penis; 5) hypospadias and epispadias, in which the meatus is opened not at the extremity but in the middle of the penis, whether on the lower part or on the upper part, so that semen cannot be poured forth in the vagina; 1 6) aphrodisia or excessive heat, from which by exaggerated excitation the semen is lost before copula, and anaphrodisia or excessive frigidity, by which erection of the penis and expulsion of semen is impeded.

The first three make absolute impotence; the fifth and sixth relative; the fourth makes either one. The sixth ordinarily does not render one perpetually impotent; concerning the third it is disputed whether potency can be restored in some circumstances.

b) In a woman impotence is: 1) defect of the vagina or of the opening in it, so that it cannot in any way be perforated; 2) excessive narrowness; 3) vaginismus, by which from excessive excitation the vulva closes itself, cannot suffer penetration, and impedes copula; 4) hypertrophy or a greatly increased volume of the labia majora, which is an obstacle to copula.

In the first case impotence is absolute; in the second relative; in the third either one and not always perpetual; likewise in the fourth, since the defect can be remedied by a surgical operation.

B. From impotence mere sterility (onvruchtbaarheid) wholly differs, by which, the human action or perfect carnal copula being posited, nevertheless because of some impediment or defect, the action of nature and generation are impossible.

In a man it is the absence of prolific semen, because, on account of an accidental and transitory cause or obstruction, the semen here and now lacks zoospermata, or on account of disease of the testicles, seminal vesicle, urethra, etc., the zoospermata either are not sufficiently lively, or perish too quickly, or lack a necessary element, or are not apt to penetrate the ovule.

He who could never emit anything except an aspermatic liquid, or only dead zoospermata, would rather seem impotent, although there is dispute concerning that case; but in practice each one is presumed to have true semen until the contrary is proved.

In a woman it is: a) perfect excision of both ovaries or their perfect atrophy, so that no ovule is present; b) defect or disturbance of an organ by which the ovule cannot mature; c) an impediment by which it happens, whether naturally or artificially (e.g., from ligation or section of the oviduct or excision of the uterus), that no conjunction of ovule and semen is possible.

From these things it is already understood why absence of the testicles or of emission of semen in a man is impotence, while absence of the ovaries or of the ovule in a woman is not. Because, namely, emission of semen is of the essence of copula of itself apt for generation, but the ovule is not an essential element of copula, but only of generation. To a woman lacking ovaries or ovules nothing is lacking for completing copula itself.

C. Very recently certain men have said that for carnal copula it is not required that semen be emitted and deposited in the vagina, but that it suffices that the testicles make it, even if it cannot be emitted outwardly; hence they hold that the vasectomized are capable of copula. But although this can suffice for coupling even with a certain satiative delectation, nevertheless it does not suffice for conjugal copula, or for copula of itself apt for generation. For this by its nature, from the very condition of the act and with attention to the elements of which it consists, is such that generation can follow; but in the case the act is done in such a mode and condition that from the very constitution of the organ the emission of true semen and consequently generation is altogether impossible, because an essential element has been destroyed, namely the communication of the canals carrying semen. And although some liquid similar to semen can be ejaculated, nevertheless not true semen filled with zoospermata (which are an essential element of semen), since nothing elaborated by the testicles can be emitted; hence if we were to call such an act of itself apt for generation, surely they would laugh at us.

The vasectomized, under this respect, are similar to eunuchs.

They nevertheless preserve the internal secretion of the testicles, and therefore sexual appetite, and the whole energy and capacity for copula, even one in some measure satiative, and thus a certain secondary end of matrimony could be obtained, the quieting of concupiscence; but since this end is subordinated to the primary end, it cannot be licitly procured except by an act of itself apt for generation. "For there are, both in matrimony itself and in the use of conjugal right, also secondary ends," says the encyclical Casti connubii, "which spouses are in no way forbidden to intend, provided always that the intrinsic nature of that act remains safe and therefore its due ordination to the primary end." But among the vasectomized the nature of the act is perverted, and its order to generation is radically taken away.

Thus holds the opinion common hitherto through many centuries; nor does the new one seem solidly probable. 1

1. Many are ignorant of this distinction or do not even understand it; yet in this matter it is of greatest importance, and necessary for solving several practical questions. Sometimes copula itself, even in ecclesiastical documents, is called the work of nature, because nature teaches it and because it tends to transmitting nature itself, but not insofar as it would be done by nature alone without the action of man; hence, lest confusion arise, it seems better rather to abstain from this way of speaking.

1. Hypospadias can sometimes be remedied by merely changing the position in copulating.

1. Sanchez, l. VII, disp. 92, n. 7 sq., recalling the opinion of those who think that for matrimonial copula penetration alone without semination suffices, says: "which opinion, as manifestly absurd, we omit." In Gasparri, o. c., n. 515, note 1, p. 308.

878. Principle. Antecedent and perpetual impotence, whether on the part of the man or on the part of the woman, whether known to the other party or not, whether absolute or relative, diriments matrimony by the law of nature itself. - Thus can. 1068, § 1.

It is an impediment of natural and divine law, because it is of the essence of matrimony to have the mutual handing over of bodies in order to copula by its own nature apt for generation. But no one can hand over his body for an impossible act, just as neither can he validly enter a contract concerning an impossible thing. But the impotent person cannot complete copula. Therefore neither can he validly hand over his body for copula or enter matrimony. For although copula is not essential in matrimony, nevertheless potency for completing it is of the essence of this.

St. Thomas shows this thus, q. 58, a. 1:

a) "No one can obligate himself to the impossible. But in matrimony a man obligates himself to carnal copula, because for this he gives to another power over his body. Therefore the frigid man who cannot be carnally coupled cannot contract matrimony...

b) In matrimony there is a certain contract by which one is obligated to another to pay the carnal debt. Hence, as in other contracts there is not a fitting obligation if someone obligates himself to that which he cannot give or do, so there is not a fitting contract of matrimony if it is made by someone who cannot pay the carnal debt. And this impediment is called impotence of coeundi, by a general name."

Hence: 1° Antecedent absolute impotence diriments every matrimony, relative impotence only the union between those persons between whom it exists; and this even if it was known to the other party, as can. 1068 explicitly has it, although concerning this matter there was dispute formerly, as St. Thomas indicates, l. c.

2° Temporary impotence does not diriment matrimony, because it does not render one simply unfit or incapable for copula, whence it does not impede an obligation undertaken toward future copula.

3° Nor does subsequent impotence, although perpetual, diriment matrimony, because it supervenes upon a valid matrimony, which is naturally indissoluble: if nevertheless it were not consummated, it could be dissolved by the ministerial power of the Supreme Pontiff.

4° Sterility neither diriments nor impedes matrimony (can. 1068, § 3), because it is not impossibility of coeundi but only of generating; hence old men and excised women contract validly.

5° If, matrimony having been celebrated, antecedent and perpetual impotence is certainly detected, the matrimony is null and therefore the spouses conscious of this nullity are to be separated: immediately as to bed, and also as to habitation if there is danger of sinning, which nevertheless requires the intervention of the authority of the Ordinary (can. 1131, § 1), because it pertains to the external forum and is apt to generate scandal. But if they wish to cohabit as brother and sister, this can be permitted to them, provided danger of incontinence and scandal is absent.

6° It pertains to the ecclesiastical judge to pass sentence of nullity, after antecedent and perpetual impotence has first been proved; once this is posited, the party immune from impotence can enter a new union.

879. Perpetual impotence can be doubtful, either before matrimony to be contracted, or after matrimony has been contracted.

A. Before matrimony: 1. Someone cannot contract matrimony before he has resolved the doubt, as far as he can, by diligent investigation; otherwise he exposes himself to the danger of contracting an invalid matrimony and of gravely deceiving the other party.

2. If the doubt persists after diligent investigation, he can enter matrimony, provided he warns the other party concerning the doubt, because the right naturally belonging to man of entering matrimony prevails, for which each one is considered naturally apt until the contrary is proved (n. 862, C). Hence can. 1068, § 2: "if the impediment of impotence is doubtful, whether by doubt of law or by doubt of fact, matrimony is not to be impeded."

Hence those who think that impotence in the vasectomized perhaps can be removed by a certain operation consequently assert that matrimony is not to be impeded for them, because their perpetual impotence is doubtful. But the doubt seems negative, as being founded on a mere hypothesis, since up to now not even any fact is reported concerning a man who had undergone vasectomy to whom potency was restored; 1 and negative doubts, even in this matter, are commonly taught not to be attended to. Therefore, since that operation is very problematic, the vasectomized man is rather to be considered perpetually impotent until it is established that potency has been restored to him. Moreover, although prudence can warn that the impossibility of a certain surgical operation is not easily to be asserted, nevertheless in some circumstances that operation seems impossible; hence it would not be understood that by some general rule and without distinction it should be established that matrimony is to be permitted to the vasectomized.

B. After matrimony: 1. He who seriously doubts must institute a diligent examination, and meanwhile abstain from asking the debt, although he is bound to render it to the other party not doubting.

2. If, after the examination has been instituted, the doubt remains, he can attempt copula as long as hope of completing it remains and until its impossibility is established, because one must stand for the value of matrimony (can. 1014).

3. He can also, for caution, seek, even with the other dissenting, a dispensation over ratified and non-consummated matrimony, provided non-consummation can be proved; but if they have cohabited together, it is presumed consummated until the contrary is proved (can. 1015, § 2).

1. Antonelli, Medicina Pastoralis, III, pp. 429-431.

880. Practical observations. - 1. A pastor or confessor who is consulted by a person about to contract matrimony who perhaps labors under impotence must warn that person to investigate the matter diligently and not omit to submit himself to the examination of expert physicians.

2. But if after matrimony has been contracted, a spouse explains to him that he can never complete the conjugal act, let him try prudently and modestly to investigate the cause of the matter; and if he detects that it is a physical defect, let him persuade that the matter be opened to a skilled and upright physician.

3. But if he notices that the spouses are in good faith concerning the value of the matrimony, often it is better to leave them in good faith lest worse things happen, at least if the impotence is occult and therefore no scandal is to be feared, especially if separation is morally impossible. On the contrary, if they are not in good faith or know the matrimony to be null, then the case is to be referred to the Ordinary.

4. The spouse who is doubtfully potent is bound to employ ordinary means for curing impotence, even with grave inconvenience, e.g., the man medicines strengthening his debility, the woman liniments and other means, even surgical means, for remedying narrowness. Hence, says St. Thomas, q. 58, a. 1, ad 5: A man, "if he cannot fulfill the carnal act with a virgin and can with a corrupted woman, then medically, by some instrument, he could break the barriers of modesty and be joined to her. Nor would this be against nature, because it would not be done for delectation, but for a remedy." But this can regularly be done without any danger, so that on account of this the woman could scarcely be excused from tolerating it, as the Mechlin Theology notes, n. 58, IV, ad 2. Nevertheless she would not be bound with grave danger, because that would be an extraordinary means.