Article X. Affinity

I. Notion. Affinity is the relationship which arises from a valid marriage, whether ratified only or ratified and consummated, between the man and the blood-relatives of the woman, and likewise between the woman and the blood-relatives of the husband (canon 97, § 1 and § 2). It is said:

1. From a valid marriage. Therefore affinity does not arise from a marriage invalid in any way. Nevertheless affinity is presumed to be present for the external forum if the invalidity of the marriage is not proved (cf. canons 1086, § 1; 1972).

2. Whether ratified only or ratified and consummated. Therefore, in order that affinity arise, it is required and sufficient that the marriage be ratified.

Corollary I. Affinity canonically taken does not arise from a legitimate marriage, i.e., a marriage of infidels, because, with canon 1015, § 1 considered, it is not a ratified marriage. That infidels are not bound by the impediment of affinity is clear, because they are not subject to the Church.

Corollary II. Affinity canonically taken does not seem to arise either from a marriage between a faithful party and an infidel party, or from a marriage contracted between two infidel parties, of whom only one or the other is baptized. The reason is that the aforesaid marriages do not seem to come under the name of a ratified marriage (n. 713); at least there is a doubt of law concerning the existence of the impediment.

Corollary III. Affinity canonically taken arises from a marriage contracted between two infidel parties and, after the baptism of both, persisting, because it comes under the name of a ratified marriage (n. 713).

3. Between the man and the blood-relatives of the wife, and likewise between the woman and the blood-relatives of the husband. Therefore: 1° those who have entered marriage are not affines between themselves. 2° The blood-relatives of the man and the blood-relatives of the woman are not affines between themselves; this is usually expressed in these words: Affinity does not go out beyond those who are joined. 3° The man becomes affine only toward the blood-relatives, and therefore not toward the affines, of the woman; likewise the woman becomes affine toward the blood-relatives of the man, but not toward his affines; this is usually expressed in these words: Affinity does not beget affinity (St. Alphonsus VI, 1069). Moreover, given a marriage either ratified only or ratified and consummated, affinity also exists with respect to the infidel blood-relatives of the other party. Hence, for example, a widower from a ratified marriage cannot, without dispensation, enter nuptials with an infidel who is blood-related within the determined degrees to his deceased Catholic wife.

II. Line and degree of affinity. Affinity is computed in such a way that those who are blood-relatives of the man are, in the same line and degree, affines of the woman, and vice versa (canon 97, § 3). Hence, for example, one who has entered a valid marriage with Anna, the mother of Rosa, becomes affine to Rosa in the first degree of the direct line, because Rosa is related by blood to Anna in the same line and the same degree; one who contracted with Titia, the paternal aunt of Clara, is affine to Clara in the second degree touching the first in the collateral line, because Clara is related by blood to Titia in the same line and the same degree.¹

Corollary. From what has been said it follows that two persons can be at once blood-relatives and affines. Thus, for example, one who entered marriage with Bertha, his blood-relative, is both a blood-relative and an affine to Bertha's sister.

III. Existence and scope of the impediment. Affinity in the direct line diriments marriage in any degree; in the collateral line up to the second degree inclusive (canon 1077, § 1). Hence today a widower is not bound by this impediment in the collateral line except with regard to the sisters of his deceased wife (degree 1), paternal aunts, maternal aunts, daughters of a brother or sister (degrees 1 and 2), paternal cousins, paternal-aunt's daughters, and maternal cousins (degree 2); similarly a widow is bound only with regard to the brothers of her deceased husband (degree 1), paternal uncles, maternal uncles, sons of a brother or sister (degrees 1 and 2), paternal cousins, paternal-uncle's sons, and maternal cousins (degree 2).² But note that the more remote degree draws the nearer to itself; wherefore affinity is not contracted by one party with the other party's blood-relatives in the third degree, even if this degree perhaps is mixed with the second or first.

Corollary I. "Two brothers can marry two sisters; father and son can marry mother and daughter. A stepson can marry the mother, daughter, or sister of his stepmother; and conversely a stepdaughter can marry the father, son, or brother of her stepfather. The surviving spouses of a deceased brother and sister can contract marriage between themselves. The son of the husband and the daughter of the wife, begotten from prior marriages, can enter marriage between themselves. Someone can successively marry two widows whose deceased husbands were full brothers" (St. Alphonsus VI, 1069).³

Corollary II. The impediment of affinity persists even if the marriage is dissolved by death or by another cause.

¹ Before the Code of Canon Law, affinity arose not from marriage as such, but from perfect copula, whether free or violent, whether licit or conjugal, or illicit, as fornication or adultery.

² Vlaming, n. 349.

³ Aertnys-Damen, II, n. 763.

IV. Multiplication of the impediment of affinity. The impediment is multiplied: 1° as often as the impediment of consanguinity from which it proceeds is multiplied; 2° by repeated successive marriage with a blood-relative of the deceased spouse (canon 1077, § 2). It is said:

1. As often as the impediment of consanguinity from which it proceeds is multiplied; understand this as often as, or when, some person was multiply related by blood to the prior spouse because of a multiple common stock. The case occurs, for example, when the deceased wife of a man was at once the maternal aunt and paternal aunt, or maternal aunt and niece, of that person with whom the man intends to enter nuptials.

2. By repeated successive marriage with a blood-relative of the deceased spouse; for example, Peter successively and validly married Mary and Anna, sisters of Rosa; now he is doubly affine to Rosa in the first degree of the collateral line.

Before the Code of Canon Law, affinity from matrimonial copula dirimented marriage up to the fourth degree inclusive of each line; from fornicatory copula, up to the second degree inclusive of each line.

V. The law by which affinity diriments marriage. Affinity diriments marriage by ecclesiastical law alone; and this, which previously was called into doubt by some, holds even concerning affinity in the first degree of the direct line, indeed even if consummation of the marriage has occurred. It is proved: 1° from canon 1043, which enumerates the aforesaid affinity among impediments of ecclesiastical law; 2° from the fact that the Holy Office¹ absolutely declared: Affinity which is naturally contracted in infidelity from copula, whether licit or illicit, is not an impediment for marriages which are entered in infidelity; 3° from the fact that the Church has already dispensed even in the aforesaid affinity.

VI. Dispensation in affinity of the collateral line is granted for proportionate causes to be assigned later. But in affinity of the direct line, at least in the first degree, it is ordinarily not granted. We have mentioned above the fact of a dispensation granted, though after the marriage had been contracted.²

¹ August 26, 1891 (Collectanea, n. 1766); cf. Holy Office, September 4, 1743; February 20, 1888 (Collectanea, n. 1685).

² Rescript of the Sacred Penitentiary, December 2, 1911 (Nouvelle Revue Theologique 1912, p. 528).