Article IV. On The Subject Of The Sacrament Of Matrimony

657. 1. The subject capable of the valid sacrament of matrimony is every baptized person who does not labor under a diriment impediment.

Even heretics, provided that they are validly baptized and are not bound by any diriment impediment, validly receive the sacrament of matrimony. This holds even if the heretics do not know or do not believe that matrimony is a sacrament. For it suffices that they will to enter a true matrimonial contract, without placing any express condition against the essence of matrimony. A condition of this kind would be, for example, the lawfulness of divorce expressly stipulated. Then certainly the matrimony would be illicit and invalid. Above, in n. 649, it was proved that the sacrament of matrimony is not received by those about to marry of whom both or either one is not baptized. But all non-baptized infidels can enter a valid matrimonial contract (legitimate matrimony), provided that they are not bound by diriment impediments of natural law, positive divine law, or civil law.²⁰⁴

²⁰⁴ Cf. above, n. 650.

658. 2. For the worthy and fruitful reception of this great sacrament of matrimony, it is further required that a) those about to marry be free from every impeding impediment, and b) that they be in the state of sanctifying grace.

The reason is that a) even impeding impediments induce a grave obligation in conscience, and because b) the sacrament of matrimony is a sacrament of the living. If anyone receives the sacrament of matrimony in the state of mortal sin, he sins gravely and does not receive the sacramental graces proper to matrimony. More probably, however, these sacramental graces afterward revive when the obstacle of the state of mortal sin has been removed.²⁰⁵

By common law it is not strictly commanded that those about to marry receive the sacraments of penance and the Eucharist before matrimony.²⁰⁶ Nevertheless, the Council of Trent,²⁰⁷ the Roman Ritual,²⁰⁸ and the Code of Canon Law²⁰⁹ vehemently admonish the betrothed that, before they contract, they diligently confess their sins and devoutly approach the Most Holy Eucharist. By diocesan law or universal custom, the prior reception of penance and the Eucharist is not rarely altogether required of the betrothed. Hence the pastor in those places can require testimony that confession has been completed. Since, however, today throughout the whole world mixed marriages are invalid unless they are contracted before the pastor, hence, if perhaps some Catholic refuses confession, the pastor should first (if he can fittingly) consult the bishop concerning what must be done. But if this consultation is impossible, it is almost always better that the pastor assist at the matrimony of this perverse man in order to avoid the greater evil of concubinage. Worthy of note in this matter is the Instruction of the Holy Office given on July 3, 1878, to the Ordinaries of Brazil: "It can in no way be tolerated ... that marriages which are contracted by Freemasons be celebrated with all the solemnity of the Catholic rite. But when the pastor can in no way impede a matrimony of this kind, the matter is to be referred to the Ordinary, who ... will be able to permit the pastor to be passively present at the matrimony, that is, without a blessing or any other ecclesiastical rite, as an authorized witness, provided that the Catholic education of all the offspring is altogether safeguarded."²¹⁰

To the question whether it is lawful to enter matrimony with a public or occult sinner, it appears that the response must be that this is not lawful except for most grave reasons, since from a matrimony of this kind the greatest harms are accustomed to arise both for the Catholic party and the offspring to be born, and for Christian society. How the pastor can assist at such a matrimony will be stated below, n. 789.

²⁰⁵ Cf. above, n. 42.

²⁰⁶ Cf. De Smet, loc. cit., n. 192.

²⁰⁷ Sess. 24, c. 1, De reformatione matrimonii.

²⁰⁸ Tit. 7, c. 1, n. 14.

²⁰⁹ C. 1033.

²¹⁰ Collect. de Prop. Fide, n. 1495; cf. also Holy Office, January 11, 1899. The bishop can indeed permit this passive assistance, but can also refuse it for just causes; cf. Holy Office, January 30, 1867; he must refuse it in illicit mixed marriages.