Section 2. Impotence.

571. Definition. Impotence is incapacity for perfect copula, that is, copula per se apt for the generation of offspring. Now three things are required in order that copula be per se apt for generation: a. on the part of the man, at least one testicle; b. on the part of the woman, at least one ovary; c. on the part of copula, that the virile semen can be mingled with the female ovule, and therefore in the man a penis, by which semen is ejaculated into the vagina of the woman, and in the woman vagina and uterus, and communication between these, so that the semen can be received into the uterus and mingled with the ovule.

a. Sterility must be distinguished from impotence; it is incapacity for actual generation, although perfect copula can be had, as happens in the aged. The essential difference between sterile persons and impotent persons is clear: for sterile persons are incapable of generating only because of an accidental defect; impotent persons, however, because of a substantial defect. Therefore old men are sterile, but eunuchs and spadones (castrated men) are impotent;¹ for these are entirely without semen, and without semen natural copula cannot be had; but those are not without virile semen, although because of old age or some other cause it may not be prolific. Perfectly castrated women are impotent; old women are sterile: for the former lack ovaries, but the latter do not lack ovaries, although because of old age they do not elaborate ovules. Causes of sterility on the part of the man, besides old age, are especially various diseases by which the testicles are affected; in women sterility can arise from an ill disposition of the ovaries and of other organs serving generation.

b. Impotence of generating must be distinguished from impotence of coeundi. The former exists when the elements necessary for generation are lacking, namely in the man testicles and therefore semen, in the woman ovaries; the latter is incapacity for having copula of itself suitable for generation.

c. Since through perfect copula there is made a mixture of the semens, as the ancients used to speak, or, as the recent authors speak, of the female ovule and the virile semen, through it the spouses become one flesh. Nevertheless, in order that the spouses become one flesh, it is not required that the semens of each actually be mingled, but it suffices that per se they can be mingled, although accidentally, as in sterile persons and the aged, they are not mingled and therefore a fetus is not conceived.

d. Therefore impotence exists in a threefold case:

a. If the man lacks both testicles; therefore Sixtus V declared eunuchs and spadones impotent;² or if he has undergone vasectomy; or if the testicles suffer from perfect atrophy.

b. If the woman lacks both ovaries or the uterus, or all these together. Indeed today several theologians think that a woman who lacks both ovaries or the uterus, or the ovaries and uterus, is not impotent but sterile; namely, they define impotence not as incapacity of generating, but as incapacity of coeundi. But theoretically the opinion once common seems to have to be retained, because according to the mind of the authors it seems certain that impotence is present where incapacity for copula of itself apt for generation is present.³ The question whether matrimony entered with a woman lacking ovaries and uterus is valid had not hitherto been defined by the Holy See, nor does the Code of Canon Law resolve it, but it only adds this: if the impediment of impotence is doubtful, whether by a doubt of law or by a doubt of fact, matrimony is not to be impeded;⁴ this was the practice of the Holy See observed up to this time.⁵

c. If the power of coeundi is lacking; now this is lacking in a man from physical defect, if his virile organ is so imperfectly formed that he cannot have natural copula; from psychic defect, if because of frigidity he cannot be aroused to copula. It is lacking in a woman if she lacks a vagina, or if the vagina is entirely closed, or if it is so narrow that it can in no way be penetrated.

e. Among the causes of impotence the older theologians and canonists also mention maleficium, by which the devil effects that a man and a woman cannot have intercourse, although otherwise they are not incapable. Now it cannot be denied that impotence can arise from maleficium through the work of the devil and has sometimes in fact arisen;⁶ but likewise it is established that several impediments of intercourse which the ancients attributed to maleficium have their origin from natural causes.

Note. There are persons of frigid nature who are wholly without sexual appetite (Geschlechtstrieb). Natures of this sort are found more rarely among men, but frequently among women. And women can indeed exercise the conjugal act, and even generate offspring, although they suffer from this defect; nevertheless, copula with women of this sort is less pleasing and agreeable to men, because of the lack of sexual love, and for this reason they not rarely seek by adultery with other women the pleasures which their own wife cannot supply to them. But frigid men are for the most part impotent, as being incapable of erection and ejaculation.

¹ Eunuchs are said to be those who were born without testicles; spadones are called those who by art or by accident have been deprived of testicles.

² In the constitution Cum frequenter, June 27, 1587.

³ Cf. Antonelli, De conceptu impotentiae et sterilitatis (Rome: Pustet, 1900). The same, Pro conceptu impotentiae et sterilitatis (ibid., 1901). The same, De mulieris excisae impotentia ad matrimonium (ibid., 1903). Against this, Eschbach, Disputationes etc. (Rome: Desclee, 1901), p. 14 ff. Gasparri, n. 513.

⁴ Cn. 1068, 2.

⁵ S. C. de Sacram., April 2, 1909.

⁶ Cf. Tob. 6, 14 ff.; 7, 11 ff.

572. Division. Impotence is:

a. Perpetual or temporal, according as it can or cannot be removed by licit human means that are not gravely dangerous.

Impotence is judged perpetual which cannot be removed without danger of life or of grave illness, namely illness bringing danger of death. Hence if a woman laboring under perpetual impotence underwent a dangerous operation which brought about the desired effect and rendered her potent, either she could pass to other nuptials, or she would have to contract validly with the former husband.

b. Absolute or relative, according as it exists either with relation to any person whatever, or only with relation to a determinate person. Relative impotence can be perpetual, that is, it can happen that there exist no means through which determinate persons become apt for having copula between themselves.

c. Antecedent or consequent, according as it precedes matrimony, or arises only after matrimony has been contracted, as if, after matrimony has already been contracted, both testicles are cut out from the man.

d. Natural or accidental, according as it takes its origin from nature or from the natural constitution of the body, or from an accidental cause, e.g., from disease.

573. The impediment of impotence consists in this, that matrimony entered between those who are incapable of copula apt for generation is null: for matrimony cannot be valid in which the first and principal end of matrimony cannot be obtained.¹

1. Perpetual and antecedent impotence dirimently impedes matrimony, if it is absolute, with any person whatever; if it is relative, with that person with whom perfect copula cannot be had.

2. Neither temporal impotence nor consequent impotence dirimently impedes matrimony: not the former, because it does not make one simply unfit for generating, but only for a time; not the latter, because it supervenes upon a valid matrimony, which is indissoluble.

a. To the question whether there is an obligation of removing impotence detected after matrimony, one must respond thus: if it can be removed without danger of life or of grave illness, even if not without grave inconvenience and pain, there exists an obligation of removing it; for the woman is held to undergo grave inconvenience in order that she can render the right which the man acquired by the matrimonial contract, because this is judged an ordinary means. But if it cannot be removed without danger of life or grave illness, she is not held, because she cannot be obliged to undergo so great an inconvenience that the right of the husband may be preserved (unless one must say that in this case the matrimony is invalid), because this is judged an extraordinary means.

b. Nevertheless St. Alphonsus (n. 1009) judges this opinion very probable, that a woman is not held to undergo incision if from shame she would abhor with her whole soul submitting herself to the eyes and hands of a surgeon. But the mode of feeling and acting in our time in this matter differs widely from the mode of feeling and acting in the times of St. Alphonsus. Wherefore let it suffice to have mentioned this opinion.

c. To the question whether matrimony is valid if the woman has been made potent through an operation, the answer must be given thus: if the operation was dangerous, the matrimony is invalid and must be convalidated through renewal of consent; whether in the prescribed form or only privately will be said below. If the operation was not dangerous, the matrimony is valid. If there is doubt concerning the danger, consent must at least as a caution be renewed privately. Moreover, it is sufficiently renewed by this, that the spouses, conscious of the doubtful value of the matrimony, continue conjugal life.

3. This impediment is of natural law: for the object of the matrimonial contract is the right over the body as it is apt for perfect conjugal copula; but where the essential object is lacking, the contract from the nature of the thing is null.

Note 1. According to the opinion of more recent physiologists, which rests on experience, for generation it is not absolutely required that virile semen be sent within the female vessel, but it suffices that it be poured at the mouth of the vagina. Hence the question arose whether the impediment of impotence is present if the vagina of the woman, because of narrowness, absolutely cannot be penetrated. There are those who deny that absolute impotence is present, although the vagina of the woman absolutely cannot be penetrated, because generation is not absolutely impossible. But one must altogether assent, it seems, to Eschbach, Lehmkuhl, Wernz, who judge that those are impotent for matrimony who, from any cause whatever, cannot have copula with penetration of the female vessel, because they are incapable of furnishing those things which are essentially required for natural copula. For absolute impotence for matrimony seems to have to be affirmed where absolute impotence for natural copula exists, although accidentally generation could be had. Practically in this case the impediment would have to be held as doubtful, and the declaration of the Holy See would have to be sought.

Note 2. One who contracts matrimony while laboring under temporary impotence, which he thinks will soon be removed, does not sin; but one who contracts matrimony while laboring under temporary impotence that will last a long time, and does not reveal it to the other party, sins in two ways, because he deceives the other party concerning a necessary quality and because he exposes that party to the danger of incontinence.

4. One who before matrimony doubts concerning perpetual impotence cannot licitly contract matrimony until, after the matter has been diligently investigated, he has laid aside the doubt: otherwise he exposes the sacrament to danger of nullity and the other party to danger of deception in a necessary quality. But if after investigation the doubt endures, one positively doubting can licitly contract matrimony, provided he warns the other party concerning the doubt, and use matrimony until the impediment becomes certain.

¹ 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, dirimently impedes matrimony by natural law itself, Cn. 1068, 1. Sterility neither dirimently impedes nor impedes matrimony, Cn. 1068, 3.

574. On Matrimony Entered with an Impotent Party. 1. If antecedent impotence is certain, immediately by the proper authority of the spouses separation as to bed must be made; but complete separation cannot be made without an ecclesiastical judge. Therefore they can indeed sometimes, with the danger of incontinence excluded, cohabit as brother and sister; but ordinarily recourse must be had to the ecclesiastical judge and the impediment must be duly proved. Once this has been done, the judge brings sentence concerning the nullity of the matrimony, and the spouses are separated.

a. In antiquity indeed the practice of separating spouses whose matrimony was null on account of antecedent impotence had not yet everywhere prevailed in the Church; but the putative spouses were permitted to cohabit as brother and sister. But after this license was abolished by Sixtus V, the practice of separating spouses became universal,¹ because danger of incontinence is usually always present. If, however, separation of the spouses is morally impossible, as where civil laws, which do not recognize the impediment of impotence, compel the spouses to remain together, even in our time they are permitted to cohabit after the manner of brother and sister, provided danger of sinning is absent.²

b. If the confessor has noticed that the spouses are in good faith, that is, that they think they are living in legitimate matrimony, and at the same time he has noticed that the impotence is occult and that separation is morally impossible, he can leave them in good faith.

2. If impotence is doubtful (whether the doubt supervenes or preceded), the spouses can licitly use matrimony, even if the semen is poured outside the vessel: for so long as impotence is doubtful, there is always some hope of exercising copula duly. Meanwhile, however, apt remedies must be applied for removing impotence. But if, after remedies have been applied, they profit nothing, and the use of matrimony is recognized as impossible, the matter must be referred to the ordinary for obtaining either separation of the spouses or a declaration of nullity.

a. The new Code agrees with these things: for what Cn. 1068, 2 affirms, "If the impediment of impotence is doubtful, whether by a doubt of law or by a doubt of fact, matrimony is not to be impeded," has force also concerning the use of matrimony, so long as the impediment is doubtful.

b. Formerly there was granted by the Church to spouses a triennial experience, during which they could ask and render the debt, so that in this way it might be established whether impotence was truly present. Only when the three years had elapsed, if impotence was established, was the matrimony declared dissolved. According to present practice an experiment of this sort is no longer required, and since the new law is silent concerning triennial experience, it is no longer granted; but a dispensation in a ratified and non-consummated matrimony is granted. For if it is established that the matrimony has not been consummated, there exists an easier and shorter way of dissolving the matrimony, namely by seeking a dispensation in a ratified and non-consummated matrimony, than a declaration of nullity, because antecedent and perpetual impotence can be proved with difficulty.

¹ Constitution Cum frequenter, June 27, 1587.

² S. C. C., December 15, 1877. S. Office, March 8, 1900.