Of the Impediments of Marriage, in General

Of the Impediments of Marriage, in General — St. Thomas Aquinas asks: Whether it is fitting that impediments should be assigned to marriage?.

In the next place we must consider the impediments of marriage: (1) In general; (2) In particular.

Article 1: Whether it is fitting that impediments should be assigned to marriage?

In marriage, as in other sacraments, there are certain things essential to marriage, and others that belong to its solemnization. And since even without the things that pertain to its solemnization it is still a true sacrament, as also in the case of the other sacraments, it follows that the impediments to those things that pertain to the solemnization of this sacrament do not derogate from the validity of the marriage. These impediments are said to hinder the contracting of marriage, but they do not dissolve the marriage once contracted; such are the veto of the Church, or the holy seasons. Hence the verse:

"The veto of the Church and holy tide

Forbid the knot, but loose it not if tied."

On the other hand, those impediments which regard the essentials of marriage make a marriage invalid, wherefore they are said not only to hinder the contracting of marriage, but to dissolve it if contracted; and they are contained in the following verse:

"Error, station, vow, kinship, crime,

Difference of worship, force, holy orders,

Marriage bond, honesty, affinity, impotence,

All these forbid marriage, and annul it though

contracted."

The reason for this number may be explained as follows: Marriage may be hindered either on the part of the contract or in regard to the contracting parties. If in the first way, since the marriage contract is made by voluntary consent, and this is incompatible with either ignorance or violence, there will be two impediments to marriage, namely "force," i.e. compulsion, and "error" in reference to ignorance. Wherefore the Master pronounced on these two impediments when treating of the cause of matrimony (Sent. iv, DD 29,30). Here, however, he is treating of the impediments as arising from the contracting parties, and these may be differentiated as follows. A person may be hindered from contracting marriage either simply, or with some particular person. If simply, so that he be unable to contract marriage with any woman, this can only be because he is hindered from performing the marriage act. This happens in two ways. First, because he cannot "de facto," either through being altogether unable---and thus we have the impediment of "impotence"---or through being unable to do so freely, and thus we have the impediment of the "condition of slavery." Secondly, because he cannot do it lawfully, and this because he is bound to continence, which happens in two ways, either through his being bound on account of the office he has undertaken to fulfill---and thus we have the impediment of "Order"---or on account of his having taken a vow---and thus "Vow" is an impediment.

If, however, a person is hindered from marrying, not simply but in reference to a particular person, this is either because he is bound to another person, and thus he who is married to one cannot marry another, which constitutes the impediment of the "bond of marriage"---or through lack of proportion to the other party, and this for three reasons. First, on account of too great a distance separating them, and thus we have "difference of worship"; secondly, on account of their being too closely related, and thus we have three impediments, namely "kinship," then "affinity," which denotes the close relationship between two persons, in reference to a third united to one of them by marriage, and the "justice of public honesty," where we have a close relationship between two persons arising out of the betrothal of one of them to a third person; thirdly, on account of a previous undue union between him and the woman, and thus the "crime of adultery" previously committed with her is an impediment.