Section 7. Abduction.

582. Nature of the Impediment. 1. The impediment of abduction consists in this, that matrimony between a man who abducts an unwilling woman for the sake of entering matrimony, and the abducted woman, so long as she exists in the power of the abductor, is null.¹

a. Abduction, insofar as it is a diriment impediment of matrimony, is defined: the abduction of an unwilling woman for the sake of entering matrimony.

b. Although grave fear is most often joined with abduction, nevertheless the impediment of abduction does not dirimently impede matrimony by reason of fear unjustly inflicted, but is a special impediment distinct from fear.

2. This impediment exists only between the abductor and the abducted woman, but not between the abducted woman and other men who, e.g., carried out the abduction in favor of another.

If someone, thinking that by abducting a certain woman he will do something pleasing for his friend, abducts her without the friend's knowledge and brings her into his own house, the friend can validly contract with her, because he is not the abductor.

3. The impediment exists so long as the woman is under the power of the abductor, even if after the abduction she freely consents to matrimony; but as soon as she has been endowed with liberty, the impediment ceases without dispensation. Hence if, placed outside the power of the abductor, she freely consents, the abductor can have her as wife. It makes no difference whether the abductor by himself or through others detains the abducted woman in his power.

4. The impediment of abduction is of ecclesiastical law only, and it was established lest an abducted woman consent to matrimony from fear, and therefore for protecting the liberty of matrimonial consent.²

In the impediment of abduction the Church is not accustomed to dispense. Nevertheless, if the abducted woman freely consents to matrimony, it sometimes permits matrimony by dispensing, although the woman has not yet been restored to a safe place.³

¹ Council of Trent, sess. 24, c. 6, De reform. matr. Cn. 1074: 1. Between an abducting man and a woman abducted with a view to matrimony, so long as she has remained in the power of the abductor, no matrimony can exist. 2. But if the abducted woman, separated from the abductor and constituted in a safe and free place, has consented to have him as husband, the impediment ceases.

² Cf. Instruction of the Holy Office to the bishops of Albania, February 15, 1901.

³ Cf. the cited instruction to the bishops of Albania.

583. Declaration. In order that abduction dirimently impede matrimony, the following conditions are required:

1. That there be abduction of a woman, not of a man: for the law speaks only of the abduction of a woman, which is done by a man. Therefore matrimony between an abducting woman and an abducted man is not invalid. Moreover, it makes no difference whether the woman who is abducted is honorable or dishonorable, virgin or widow, betrothed or free, of greater or lesser age.

The question whether one incurs the impediment of abduction who abducts a betrothed woman or a girl of minor age is resolved by the new Code. For it uses the generic word woman (Weibsperson). Moreover, where women of minor age are to be excepted, this is expressly noted, as in Cn. 2353.

2. That there be a. either abduction, by which a woman is transferred from one place to another morally diverse place, whether by the abductor himself or in his name by another; b. or detention, by which a man violently detains a woman in the place where she is staying or to which she freely came, with a view to matrimony.¹

Therefore the question about a morally diverse place becomes superfluous, whether there is true abduction if a woman is transferred from one chamber to another contiguous chamber of the same house, or from a public road apart into a field: for the impediment of abduction is always present either by reason of abduction or by reason of violent detention.

3. That the abduction be violent, namely, one which is done while the woman is unwilling and resisting. If therefore the woman consents to the abduction and to the matrimony, it is rather flight than abduction; this does not dirimently impede matrimony, even if it is done against the will of the parents. For the law intends nothing else than to protect the liberty of matrimony, which is not injured if the woman consents to the matrimony.

Now abduction is judged violent if it is done by physical force or by grave fear unjustly inflicted; if it is done by fraud and deceitful solicitation, even with the woman's consent; but it is not violent if the woman is induced to flee by prayers, blandishments, gifts, or promises.

4. That it be done for the sake of entering matrimony: for the Church, in establishing this impediment, chiefly intends this, that the liberty of matrimonial consent be preserved. If therefore she is abducted for another reason, e.g., only for the sake of satisfying lust, no impediment of matrimony arises.

Note. Abduction (Entfuhrung) is a crime which is committed if someone with a view to matrimony or for the sake of satisfying lust carries off an unwilling woman by force or deceit, or a woman of minor age who indeed consents, but without the knowledge or against the will of her parents or guardians. The crime of abduction is always punished in the ecclesiastical forum (Cn. 2353), but a diriment impediment of matrimony does not always follow from it, as is clear from the things set forth above.

¹ Cn. 1074, 3. Since this canon establishes that violent detention of a woman is held equal to abduction, the former impediment, by which abduction alone invalidated matrimony, is extended also to violent detention of a woman, even one not carried off or abducted.