Case 15. Affinity

Titius, a missionary, after spending many years fruitfully in the vineyard of the Lord in southern Africa, returns to his native country to restore his bodily and spiritual strength. In the mission several moral cases not easy to resolve presented themselves, among them also the following. A certain man, a leader among the pagans, was converted to the faith; but since he had four wives, he had to dismiss three. Nevertheless, he was in no way willing to retain the first, but rather her sister, the youngest among them and the last, whom he had bought for many oxen. Titius, perplexed, doubted whether this could be permitted, even if he used his rather ample missionary faculties for granting the necessary dispensations. It is asked:

1. Is the impediment of affinity of natural law or only of ecclesiastical law?

2. What faculties do missionaries in regions of unbelievers have that would be useful to Titius in the case?

3. What is to be said of the case?

1. Is the impediment of affinity derived from natural or ecclesiastical law?

Affinity in the collateral line is certainly derived from ecclesiastical law, and more probably also in the direct line. As a diriment impediment, therefore, it does not affect those who are not baptized. However, even in the non-baptized, carnal intercourse creates a certain natural bond; the parties become one flesh, and this natural bond becomes affinity and a diriment impediment of marriage after Baptism.¹

1 Manual of Moral Theology, vol. ii, 302.

2. What faculties have missioners among infidels which might perhaps be of use in this case?

Bishops and even priests in missionary countries frequently have the following faculties:

“ To dispense in the third and fourth degrees of consanguinity and affinity, simple and mixed only, and in the mixed second, third, and fourth degrees, but not in the second degree alone with regard to future marriages; with regard to past marriages, however, even in the second degree alone, provided that it in no way touches the first degree, with those who are converted from heresy or unbelief to the Catholic faith; and in the aforesaid cases to declare the offspring begotten legitimate.”

“ To dispense with gentiles and unbelievers having several wives so that after conversion and baptism they may retain whichever of them they prefer, if she also becomes a believer, unless the first wife wishes to be converted.”

“ To dispense in both forums with Catholics subject to his jurisdiction, in marriages either contracted or to be contracted, concerning the impediment of the first degree of affinity in the collateral line arising from lawful intercourse (for ten cases).”

3. The case. The first wife is presumed to be the only lawful one, and if she is willing to be converted, her husband should adhere to her. If she is not willing to be converted, but is ready to live peaceably with her husband, in this case also he should remain with her, unless he obtains a dispensation which may be given in virtue of the second of the above faculties. In case the first will neither be converted nor live peaceably with her husband, the Pauline privilege may be invoked, and the husband will be free to marry any Christian wife. Sometimes among infidel savages there may be serious doubt as to whether the marriage with a first wife was valid on account of the man’s intention not to limit himself to one, and for other reasons. In such a case the man would not be married at all. In the case proposed, the woman that the man wishes to retain as his wife is related to him in the first degree of affinity in the collateral line, but sometimes power to dispense in this impediment is granted as by the third of the above faculties, or a dispensation for a particular case may be asked for from the Holy See. From what has been said Titius will see how his case and similar ones must be treated.