Section 6. Solemn Vow.

581. Nature of the Impediment. The impediment of vow consists in this, that those cannot enter valid matrimony who have spontaneously emitted a solemn vow of perfect chastity in a religious order, or even only a simple vow to which, nevertheless, by special privilege, there is attached the force of dirimently impeding matrimony.¹

a. A solemn vow: for a simple vow of perfect chastity emitted in religion impedes matrimony, but does not dirimently impede it. b. In a religious order: for a simple vow of perfect and perpetual chastity emitted in some congregation likewise does not dirimently impede matrimony. c. Of perfect chastity: for a solemn vow not of perfect chastity but only of conjugal chastity, which is emitted in some equestrian orders, does not constitute an impediment. d. Spontaneously: for, in order that a solemn vow dirimently impede matrimony, religious profession must be valid; but it is not valid if it is not entirely free, but was extorted by fraud or grave and unjust fear.

Therefore a solemn vow of chastity emitted in religion has a twofold effect with regard to matrimony: of dissolving matrimony already contracted, if it has not yet been consummated, and of dirimently impeding future matrimony.

1. The impediment of vow is of ecclesiastical law only: for if the vow itself by its nature produced this effect, a simple vow also, since in its internal nature it does not differ from a solemn vow, would dirimently impede matrimony. Therefore it dirimently impedes insofar as it is solemn; but a vow has solemnity from the Church; therefore it also has from the Church the force of dirimently impeding matrimony.

a. Hence it follows that the supreme pontiff can dispense one who has emitted solemn profession for entering matrimony. This dispensation, although granted rarely and with difficulty, has nevertheless sometimes been granted by supreme pontiffs both formerly and again recently by Leo XIII.²

b. One dispensing in a solemn vow for entering matrimony properly exercises a twofold and diverse power: one by which he removes the solemnity of the vow, or the incapacity for contracting annexed to the vow; another by which he relaxes the vow itself. The solemnity of the vow is of ecclesiastical law and renders matrimony invalid; the obligation of the vow is of divine law and renders matrimony only illicit.

2. From the special privilege of the supreme pontiff, the simple vows of scholastics and coadjutors of the Society of Jesus dirimently impede future matrimony, unless the general has dispensed, or so long as they have remained in the Society.³

From the old law, the spouse remaining in the world, whose other party with that spouse's consent had entered religion or received sacred orders, had to emit a simple vow of chastity. This vow made matrimony entered after the death of the spouse, according to some, illicit, according to others, invalid.⁴ Today this question is obsolete, since a spouse cannot validly be admitted to the novitiate while the matrimony endures.⁵

¹ Council of Trent, sess. 24, can. 9, De sacr. matrim. Cn. 1073: Religious who have professed solemn vows invalidly attempt matrimony, or simple vows to which, by special prescription of the Apostolic See, the force of invalidating nuptials has been added.

² S. Office, February 20, 1888.

³ Constitution Ascendente Domino of Gregory XIII, May 25, 1584; constitution Dolentes of Leo XIII, July 13, 1886.

⁴ Cf. Wernz IV, n. 320, 395. Benedict XIV, De synodo, l. 13, c. 12, n. 1.

⁵ Cn. 542, 1.