Of the Impediment of Error

Of the Impediment of Error — St. Thomas Aquinas asks: Whether it is right to reckon error as an impediment to marriage?; Whether every error is an impediment to matrimony?.

We must now consider the impediments to matrimony in particular, and in the first place the impediment of error. Under this head there are two points of inquiry:

Article 1: Whether it is right to reckon error as an impediment to marriage?

It is said in the Digests (Si per errorem, ff. De jurisdic. omn. judic.): "What is more opposed to consent than error?" Now consent is required for marriage. Therefore error is an impediment to matrimony.

Further, consent denotes something voluntary. Now error is an obstacle to the voluntary, since "the voluntary," according to the Philosopher (Ethic. iii, 1), Damascene (De Fide Orth. ii, 24), and Gregory of Nyssa [*Nemesius] (De Nat. Hom. xxxii), "is that which has its principle in one who has knowledge of singulars which are the matter of actions." But this does not apply to one who is in error. Therefore error is an impediment to matrimony.

Whatever hinders a cause, of its very nature hinders the effect likewise. Now consent is the cause of matrimony, as stated above (). Hence whatever voids the consent, voids marriage. Now consent is an act of the will, presupposing an act of the intellect; and if the first be lacking, the second must needs be lacking also. Hence, when error hinders knowledge, there follows a defect in the consent also, and consequently in the marriage. Therefore it is possible according to the natural law for error to void marriage.

Article 2: Whether every error is an impediment to matrimony?

Just as error, through causing involuntariness, is an excuse from sin, so on the same count is it an impediment to marriage. Now error does not excuse from sin unless it refer to a circumstance the presence or absence of which makes an action lawful or unlawful. For if a man were to strike his father with an iron rod thinking it to be of wood, he is not excused from sin wholly, although perhaps in part; but if a man were to strike his father, thinking to strike his son to correct him, he is wholly excused provided he take due care. Wherefore error, in order to void marriage, must needs be about the essentials of marriage. Now marriage includes two things, namely the two persons who are joined together, and the mutual power over one another wherein marriage consists. The first of these is removed by error concerning the person, the second by error regarding the condition, since a slave cannot freely give power over his body to another, without his master's consent. For this reason these two errors, and no others, are an impediment to matrimony.