Article III. On Restitution Because of Adultery

I say. If an adulterer extorted the consent of a woman by force or grave fear, he alone is held to repairing the whole damage, as is clear in itself. But if indeed the woman consented freely to adultery, both adulterers are held in solidum to repairing all damages of the family, because all things are to be imputed to both as to an efficacious and unjust cause. - Wherefore both ought to restore all expenses which the husband has borne in nourishing and educating the offspring; and if an illegitimate son has already accepted the inheritance with the legitimate children, compensation must be made to them according to proportion. - Cf. St. Alphonsus, n. 659.

You Will Resolve. - 1st. An adulterous woman, if she has paraphernal goods, must from them restore to the husband and to the injured children through manual gifts, by contract, testament, legacies, etc. If she does not have them, let her administer the family more diligently, be more sparing in private expenses, and work more diligently, insofar as her state permits.

2nd. If nevertheless she cannot repair the damage in another way than by confession of her crime, she is not held to this, both because generally this revelation cannot be made without great infamy and often not without danger of death or perpetual hatred and other grave evils, and because it is difficult to repair damage even by this, especially since the son is not held to give faith to the mother. Many except the case if the mother is of ruined reputation; but not even then is the son held to believe her testimony. - Cf. St. Alphonsus, nn. 654 and 655. - Ballerini, note (a), p. 610.

3rd. In doubt whether the offspring is of the husband or of the adulterer, or from this adulterer rather than from another, no strict obligation can be imposed, because there is no certainty concerning it; for in neither case can the true father of the offspring be designated with certainty, and therefore neither can the true cause of the damage. Nevertheless, except with St. Alphonsus: 1st, if the second adulterer adverted at least implicitly that he would be the cause of that uncertainty; 2nd, if the adulterers perpetrated adultery by common counsel. - Cf. St. Alphonsus, n. 658.

4th. Probably wealthy adulterers or fornicators are not held to reimbursing the expenses, if they have sent the offspring to the foundling asylum. The reason is that foundling asylums have been erected for all infants indiscriminately who are cast off by their parents. Nevertheless, all agree that in practice parents are earnestly to be exhorted to contribute something to the foundling asylum, at least under the title of penance. - Cf. St. Alphonsus, n. 656. - Lugo, disp. 13, n. 3. - Kenrick, tract. 8, n. 84.