§ 1. Vow

780. The vows which constitute an impedient impediment of matrimony are not solemn vows (which indeed not only prohibit but also dirime matrimony), but are simple vows which introduce obligations incompatible with the matrimonial state.

There are five vows of this kind,¹² namely: 1. the vow not to marry, or of celibacy; 2. the vow of virginity; 3. the vow of perfect chastity; 4. the vow of embracing the religious state; 5. the vow of receiving sacred orders. The first three vows principally regard chastity, but the latter two rather regard the virtue of religion. Although theoretically the vow not to marry differs from the vow of virginity, because virginity is lost not only by the use of matrimony but also by other acts of consummated lust, nevertheless in practice the vow of virginity and the vow not to marry are wont to coincide. Sometimes the confessor can also discern with difficulty whether the penitent emitted a vow of virginity or a vow of perfect chastity. Then the penitent must be asked what he principally intended by vowing: whether, free from the burdens of matrimony, he might more easily serve God, or whether through love of purity and the most strict observance of chastity he wished to please God. In the first case the vow of virginity seems to be present, but in the other the vow of perfect chastity.

¹² Code of Canon Law, can. 1058, § 1.

781. Gravity of the obligation. One who is bound by any of these five vows (even secret and merely internal vows) has an impedient impediment, and if he nevertheless contracts matrimony, he indeed acts validly; but as regards sin, the following things are to be distinguished:

a) One who, bound by a vow not to marry or even by a vow of virginity, enters matrimony sins gravely, because he directly violates a great vow in grave matter. But once matrimony has been entered, he can seek and render the debt without a new sin, because the vow is impossible. When the matrimony has been dissolved by the death of the other party, the vow revives if it was made absolutely. But some authors probably deny this revival.¹³ One who, bound by a vow not to marry, fornicates or commits other sins against chastity does not violate the vow, since it has as its object only the renunciation of matrimony. - The bishop, a regular confessor, and other confessors having special faculties can dispense from the vow not to marry.

b) One who, bound by a simple vow of chastity, contracts matrimony sins gravely, except in the exceedingly rare case in which someone is morally certain (either through a trustworthy promise or through the vow of the other party) that he will never do anything against chastity. Thus several theologians teach that the Blessed Virgin, after emitting a vow of chastity, contracted matrimony with St. Joseph.¹⁴ - One who is bound by this vow can never seek the conjugal debt, but can render it whenever the other party exacts it by justice. But when the other party does not have a strict right to the debt, for example, after adultery has been committed, the one bound by the vow cannot render the debt, because the vow always subsists and the right of the other is not then injured through the observance of the vow. When the other party dies, the vow revives if it was perpetual. - The simple vow of chastity of which there is question here is a vow emitted either privately in the world or publicly in religious institutes. Nevertheless, simple vows emitted in the Society of Jesus constitute a diriment, and not merely a prohibitive, impediment of future matrimony. Thus from the Constitution Ascendente Domino of Gregory XIII, May 22, 1589. On November 29, 1842, the Sacred Penitentiary responded that even a vow of chastity which perhaps some Protestant had emitted with the true intention of binding himself is a simple vow of chastity, binds in conscience, and therefore constitutes an impedient impediment of matrimony.

Dispensation. Who can dispense from this vow was said above, II, n. 423 ff.

Note. Formerly, when a dispensation from a vow of perfect chastity was conceded, it was wont to be limited to a determinate matrimony, so that when this matrimony had been dissolved by the death of the other party, the vow would revive. Moreover, there was added in the rescript of dispensation that the one dispensed, "if he ever sins outside the licit use of matrimony or contracts matrimony without a new dispensation, should know that he acts against the vow of chastity and cannot exact the conjugal debt." Moreover, the confessor or superior dispensing was bound to impose some penance which had to be performed daily, so that the one who was dispensed, in fulfilling it, could always remember the obligation by which he was bound by a vow of this kind. But according to the present discipline of the Roman Curia, all these clauses are now customarily omitted and therefore do not bind.

¹³ Cf. Marc, Inst. mor., n. 1998; Raus, 18.

¹⁴ Cf. S. theol. 3, q. 28, a. 4, and q. 29, a. 2.

782. c) One who, bound by a vow of entering religion, contracts matrimony sins gravely, since he almost always renders fulfillment of the vow impossible for himself. But once the matrimony has been consummated, the one who emitted the vow can licitly both render and seek the conjugal debt, because he did not directly promise chastity but entrance into religion, which has now been made impossible for him. When the matrimony has been dissolved by the death of the other party, or if perpetual divorce is lawful because of adultery or the consent of the other party, the vow revives, unless meanwhile the circumstances of affairs have been so changed that entrance into religion is morally impossible. - From this vow, if there is question of entering religion properly so called (that is, with solemn vows), no one can dispense except the Supreme Pontiff and one specially delegated by him.¹⁵ But if there is question of entering a religious congregation with simple vows alone, bishops and regular confessors can concede a dispensation.

In a rescript of dispensation conceded by the Holy See, this clause was wont to be found: "You shall commute for the one dispensed into sacramental confession each month and into other perpetual works of penance, among which works there shall be some belonging to the religious order which he vowed or would have entered, which he shall be bound to perform daily, so that in fulfilling them he can always remember the obligation by which he was bound by a vow of this kind." Therefore, for example, Communion to be received on feast days principally celebrated in that order, or the visitation of churches of the order, and so forth, is fittingly imposed upon the penitent.

d) One who, bound by a vow of receiving sacred orders, contracts matrimony sins gravely, because he renders the fulfillment of the vow morally impossible for himself. He could indeed, and would be bound to, seek the consent of the other party so that, notwithstanding the matrimony, he might be able to receive sacred orders; but the other party is in no way bound to furnish this consent. If the other party does not give consent, the one bound by the vow can licitly seek and render the conjugal debt, because he did not directly vow chastity and the fulfillment of the vow has been made impossible. But when liberty has been recovered (whether through adultery or through the death of the spouse), the vow revives unless a dispensation has been obtained, which indeed can be given by the bishop or by a regular confessor. - The bishop, a regular confessor, and other confessors having special faculties can dispense from the vow of receiving sacred orders.

¹⁵ Cf. above, II, n. 422.