Section — Wouters, Manual of Moral Theology

§ I. On Concubinage

¶1.

One must distinguish between concubinaries who are in ordinary circumstances and those who are in danger of death.

466.

I. Concubinaries living in ordinary circumstances.

  1. If the concubinage is public, it must be removed either by marriage or by separation; but commonly not through means by which the occasion would become remote, because in that way the danger and scandal can scarcely be removed. If that is permitted in a very rare case, let the scandal, insofar as can be done, be removed by making public the absolute necessity of the occasion and by instituting a truly Christian life.

  2. If the concubinage is occult, it can and must be removed either by marriage or by separation or, if inescapable difficulties stand in the way both of marriage and of separation, through means by which the occasion would become remote. It is said:

a) Either by marriage; and indeed this of itself is especially to be urged. Nevertheless, commonly one should not have recourse to secret marriage or marriage of conscience, unless the concubinaries are publicly judged to be joined in marriage (cf. treatise on marriage).

b) Or by separation. If marriage is morally impossible or at least is not chosen, and separation is morally possible, this must be imposed. If separation can be made shortly, the concubinaries should not be absolved before they are separated, unless there is a special reason for immediately imparting absolution (n. 471). If separation cannot be made shortly, let the concubinaries take pains that it be done as soon as possible; and then, unless a special reason is present, absolution should not be granted before they have used means of not relapsing (St. Alphonsus, III, 436). Of these means it will now be said:

c) Or through means by which it would become remote. The means, besides the general ones (n. 474)†, are:

a) If the concubinaries live in the same house: 1. let each openly declare to the accomplice that he or she no longer wills to lead such a life; 2. if the concubinary turns aside to her at night, let her close the door in such a way that it cannot be opened.

b) If the concubinaries live in different houses: 1. let the concubine not open the door to the concubinary when he comes; 2. let her take care to live with another woman or at least not be found alone; 3. sometimes let it be advised that she change domicile.

467.

II. Concubinaries living in danger of death.

  1. If the concubinage is public, one must speak as follows:

a) If the concubinary is now deprived of the senses, let him or her be absolved under condition, and also be given Extreme Unction (cf. nevertheless n. 485).

b) If indeed the person uses the senses, but nevertheless is in extremis, so that there is no time available either for contracting marriage or for effecting separation, the concubinary, having been reduced to penance, must be absolved and fortified with the remaining sacraments. Nevertheless, care must be taken, insofar as will be possible, that the accomplice not show himself or herself, and that the dying person repair the scandal, either by himself or herself or through the priest, by asking pardon before witnesses. If this manner of repairing scandal cannot prudently be used, the very carrying of Viaticum seems to involve sufficient reparation of scandal.

c) If the illness allows delay, the occasion and scandal are to be removed through marriage or separation. If neither marriage nor separation can have place, let the person declare before witnesses as soon as possible that this impossibility is to be made public, and at the same time promise that, if perhaps he or she recovers, he or she will effect separation and will have no further association with the accomplice. In addition, let the means assigned in n. 475 be used.

  1. If the concubinage is occult, the procedure is as follows:

a) As was said above under a).

b) As above under b); but reparation of scandal, as is clear, is not required.

c) As above under c); but note that in the case one can sometimes have recourse to marriage of conscience (cf. treatise on marriage).