Section — Noldin, Summa of Moral Theology
Section 4. On Damaging Because of Adultery
It is asked: a. who must repair the damages arising from adultery; b. what damages must be repaired; c. how they must be repaired.
472. Who must repair the damages. 1. If from adultery no offspring is born, the adulterers are bound to nothing, except the case in which the adultery becomes known to the husband: for since an injury is inflicted on the husband by adultery, this indeed cannot be compensated by money, but must be repaired by satisfaction.
If offspring has been born from adultery, and the woman was driven to consent by force, the adulterer alone must repair all damages which follow from the adultery.
If the woman freely consented to the adultery, each is bound in solidum to repair the damages arising from the adultery.
If the husband consented to the adultery, the obligation of restoring ceases, provided necessary heirs are not deprived of the legitimate portion.1
If the adulterous wife doubts whether the offspring is of the husband or of the adulterer, no restitution is to be made: for offspring is presumed legitimate unless the contrary is certainly established, from the known axiom: the father is he whom the nuptials demonstrate.
But if the offspring is certainly adulterine and it is doubtful which of several adulterers whom the woman admitted is its father, no one is bound to repair the damages, except in the case in which the individuals knew that the woman admitted several and adverted that by this manner of acting they impeded it from being known who should nourish the offspring, and therefore impeded the woman from obtaining that to which she has a right.
The opinion of certain older authors affirming that each adulterer is bound to nourish the offspring is supported by no reason, since no one must repair damages of which he himself is not the certain cause.2
1 Cf. D'Annibale II, n. 281.
2 Cf. Lugo, disp. 13, n. 19; St. Alphonsus, n. 658.
473. What damages must be repaired. 1. Nearly every difficulty vanishes if the spurious offspring can be separated from the family and nourished and educated outside the family; therefore if this can easily be done, care must be taken that it be done.
But if this cannot be done: a. the adulterer must repair the expenses of birth and education which the husband made; b. the detriments which other members of the family suffer from the fact that the spurious child received the paternal inheritance equally with the others: for these damages follow per se from the adultery.
If anything is bequeathed or donated to the spurious child by blood-relatives who think him legitimate, it indeed need not be restored by the adulterer, because this damage follows from adultery per accidens.
It is clear that a spurious son who knows his condition can retain neither the paternal inheritance nor gifts made to him solely as legitimate, because the donation, as proceeding from error, is null, unless it is of slight moment or made in view of the person.
474. How they must be repaired. 1. The adulterous woman is not bound to manifest her crime, neither to the husband lest he give anything to the spurious child, nor to the spurious child so that he himself restore: a. because manifestation cannot be made without the gravest evils excusing from restitution, namely hatred and sadness of the husband, domestic discords, grave infamy; b. because manifestation is useless: for the son is not bound to believe his mother asserting that he is illegitimate, since he is not bound to believe one witness.1
Yet the adulterous woman is bound to repair damages by other modes: by laboring more diligently, by administering the domestic estate more industriously, by diminishing her own expenses, and, if she has her own goods, by disposing of them in favor of the legitimate offspring.
If the adulterer cannot make restitution without the gravest inconvenience (danger of life, detriment to reputation, discord of families), he is excused from making it.
1 Cf. Lugo, disp. 12, n. 62. This opinion among doctors is sufficiently common, namely that no one is bound to believe one witness, even if of faith in no way suspected: for positive law (in St. Alphonsus, n. 651) has established this for the common good, to forestall the frauds of men.