Section — Noldin, Summa of Moral Theology
Section 10. Affinity.
597. Nature of the Impediment. 1. The impediment of affinity consists in this, that matrimony between persons related by affinity in some certain degree is invalid.
- Affinity, as far as it extends, is of ecclesiastical law; nor does it seem admissible that affinity in the first degree of the direct line dirimently impedes matrimony by natural law.
a. It is indeed from natural law that affinity arises; but it is not from natural law that affinity dirimently impedes matrimony. And indeed, among persons related by affinity in the first degree there does not exist a relation of principle and of one arising from a principle, and therefore neither a debt of special reverence as between father and daughter. Therefore the foundation from which an impediment of natural law might arise is lacking.
b. Formerly a vehement controversy was carried on concerning the question whether the Church can dispense in the impediment of affinity of the first degree of the direct line. But today the affirmative opinion has become common among theologians, nor does any reason for doubting remain, since the impediment is of ecclesiastical law and the Church itself has declared that there is no doubt concerning the power of the pontiff to grant dispensation in this case.1 Nevertheless the Church, although often asked and although most grave causes for dispensing existed, never granted dispensation in affinity of the direct line because of the great indecency which marriages between persons related by affinity in the direct line present before themselves; for among all sufficiently cultivated nations those related by affinity in the descending direct line are held in the manner of children. With wholly peculiar circumstances concurring, the Holy See on December 2, 1911, dispensed for the first time in this impediment. Cf. Archiv f. k. K. 1913, p. 677 ff.
1 S. Office, September 4, 1743.
598. Declarations. 1. Affinity is the nearness of persons arising from valid matrimony, whether only ratified or ratified and consummated, between the man and the blood relatives of the woman, and conversely between the woman and the blood relatives of the man.1
a. With this definition of affinity established, both the practice of confessors and the examination of the betrothed are rendered much easier, since inquiry no longer has to be made concerning carnal copula had with a consanguineous person. From the same definition it is clear that no affinity arises from invalid matrimony, even putative matrimony.
b. Although the Code speaks only of the ratified matrimony of baptized persons, nevertheless affinity and the impediment of affinity seem also to arise from legitimate matrimony of non-baptized persons. Namely, affinity, since it naturally arises from valid matrimony, exists also among infidels; but the impediment of affinity does not exist among them. But if infidels who are free are converted to the faith, they are bound by the impediment of affinity which they had contracted in infidelity. Therefore a spouse, for example, who after the death of his wife received baptism, could not marry the baptized sister of the deceased wife.
c. Once the matrimony which is, as it were, the principle of affinity has been dissolved, whether through the death of the other spouse, or through dispensation of the supreme pontiff, or through profession, affinity itself does not cease, but endures until death.
d. Therefore supervening affinity, by which a spouse because of adultery committed with a person related by affinity lost the right of seeking the debt from the other spouse, no longer exists. But because of adultery he or she loses the right of demanding the debt from the other spouse.
e. With this new definition of affinity established, in this matter there is conformity of canon law with the civil law of Austria and Germany.2
- Affinity is contracted by the man alone with the blood relatives of the wife, and by the woman alone with the blood relatives of the husband. Therefore it is not contracted a. by husband and wife, who are as it were the principle of affinity, nor b. by the blood relatives of one with the blood relatives of the other: affinity does not beget affinity.3
Hence two brothers can marry two sisters; indeed father and son can marry mother and daughter; and generally any blood relative of the husband can marry a blood relative of the wife, and conversely any blood relative of the wife can marry a blood relative of the husband. Therefore also stepchildren, who are such in the full sense, that is, who have neither father nor mother in common, as when a widower having a son marries a widow having a daughter, can enter matrimony.
- Affinity follows the degree and line of consanguinity; therefore in determining affinity this rule must be observed: those who are blood relatives of the man are related by affinity in the same line and degree to the woman, and conversely.4
Therefore Claudius is related by affinity to the mother of his wife in the first degree and to her grandmother in the second degree of the direct line; to the sister of his wife in the first degree and to the niece of his wife in the second degree of the collateral line.
- Affinity also can be multiple. Now it is multiplied a. as many times as the consanguinity from which it proceeds is multiplied; b. by repeated successive matrimony with a blood relative of the deceased spouse.5
1 Cn. 97, 1, 2.
2 Cf. Austrian Code, sec. 66; German Code, sec. 1590.
3 Cn. 97, 2.
4 Cn. 97, 3.
5 Cn. 1077, 2.
599. Names of Persons Related by Affinity.
a. Socer, Schwiegervater; socrus, Schwiegermutter.
b. Vitricus, Stiefvater; noverca, Stiefmutter.
a. Gener, Schwiegersohn; nurus, Schwiegertochter.
b. Privignus, Stiefsohn; privigna, Stieftochter.
a. Levir, the husband's brother; glos, the husband's sister.
b. Sororius, the sister's husband, Schwager; fratria, the brother's wife, Schwagerin.
600. Principles. 1. Affinity in the direct line dirimently impedes matrimony in any degree.
- Affinity in the collateral line dirimently impedes matrimony up to the second degree inclusively.1
Note. The impediment of affinity has been changed by the new Code both with regard to foundation and with regard to extent.
a. Hitherto the foundation of the impediment was any perfect copula whatever, provided it was perfect. Now its foundation is valid matrimony, whether it has been consummated or only ratified.
b. Hitherto licit affinity dirimently impeded matrimony in the direct line in any degree, in the collateral line up to the fourth degree; illicit affinity in the direct line in the first and second degree, in the collateral line in the first degree. Now affinity, whether from ratified-only matrimony or from ratified and consummated matrimony, dirimently impedes matrimony in the direct line in any degree, in the collateral line up to the second degree inclusively. No illicit affinity exists.
c. Hitherto from ratified non-consummated matrimony there arose the impediment of public honesty; now from it there arises the impediment of affinity.
d. Hitherto spouses (through incest) could contract affinity (subsequent affinity); now no subsequent affinity exists.
1 Cn. 1077, 1.