Of the Things Annexed to Marriage, and First of the Payment of the Marriage Debt

Of the Things Annexed to Marriage, and First of the Payment of the Marriage Debt — St. Thomas Aquinas asks: Whether husband and wife are mutually bound to the payment of the marriage debt?; Whether a husband is bound to pay the debt if his wife does not ask for it?; Whether it is allowable for a menstruous wife to ask for the marriage debt?; Whether a menstruous woman should or may lawfully pay the marriage debt to her husband if he ask for it?; Whether husband and wife are equal in the marriage act?; Whether husband and wife can take a vow contrary to the marriage debt without their mutual consent?; Whether it is forbidden to demand the debt on holy days?; Whether it is a mortal sin to ask for the debt at a holy time?; Whether one spouse is bound to pay the debt to the other at a festal time?; Whether weddings should be forbidden at certain times?.

In the next place we must consider those things which are annexed to marriage: (1) the payment of the marriage debt; (2) plurality of wives; (3) bigamy; (4) the bill of divorce; (5) illegitimate children.

Under the first head there are ten points of inquiry:

Article 1: Whether husband and wife are mutually bound to the payment of the marriage debt?

As the slave is in the power of his master, so is one spouse in the power of the other (1 Cor. 7:4). But a slave is bound by an obligation of precept to pay his master the debt of his service according to Rom. 13:7, "Render . . . to all men their dues, tribute to whom tribute is due," etc. Therefore husband and wife are mutually bound to the payment of the marriage debt.

Further, marriage is directed to the avoiding of fornication (1 Cor. 7:2). But this could not be the effect of marriage, if the one were not bound to pay the debt to the other when the latter is troubled with concupiscence. Therefore the payment of the debt is an obligation of precept.

Marriage was instituted especially as fulfilling an office of nature. Wherefore in its act the movement of nature must be observed according to which the nutritive power administers to the generative power that alone which is in excess of what is required for the preservation of the individual: for the natural order requires that a thing should be first perfected in itself, and that afterwards it should communicate of its perfection to others: and this is also the order of charity which perfects nature. And therefore, since the wife has power over her husband only in relation to the generative power and not in relation to things directed to the preservation of the individual, the husband is bound to pay the debt to his wife, in matters pertaining to the begetting of children, with due regard however to his own welfare.

Article 2: Whether a husband is bound to pay the debt if his wife does not ask for it?

By the payment of the debt a remedy is afforded against the wife's concupiscence. Now a physician who has the care of a sick person is bound to remedy the disease without being asked. Therefore the husband is bound to pay the debt to his wife although she ask not for it. Further, a superior is bound to apply a remedy for the sins of his subjects even though they rebel against it. But the payment of the debt on the husband's part is directed against the sins of his wife. Therefore sometimes the husband is bound to pay the debt to his wife even though she ask it not of him.

The debt may be demanded in two ways. First, explicitly, as when they ask one another by words; secondly, implicitly, when namely the husband knows by certain signs that the wife would wish him to pay the debt, but is silent through shame. And so even though she does not ask for the debt explicitly in words, the husband is bound to pay it, whenever his wife shows signs of wishing him to do so.

Article 3: Whether it is allowable for a menstruous wife to ask for the marriage debt?

"Thou shalt not approach to a woman having her flowers" (Lev. 18:19) where Augustine observes: "Although he has already sufficiently forbidden this he repeats the prohibition here lest he seem to have spoken figuratively."

Further, "All our justices" are become "as the rag of a menstruous woman" (Is. 64:6) where Jerome observes: "Men ought then to keep away from their wives because thus is a deformed blind lame leprous offspring conceived: so that those parents who are not ashamed to come together in sexual intercourse have their sin made obvious to all": and thus the same conclusion follows.

It was forbidden in the Law to approach to a menstruous woman, for two reasons both on account of her uncleanness, and on account of the harm that frequently resulted to the offspring from such intercourse. With regard to the first reason, it was a ceremonial precept, but with regard to the second it was a moral precept. For since marriage is chiefly directed to the good of the offspring, all use of marriage which is intended for the good of the offspring is in order. Consequently this precept is binding even in the New Law on account of the second reason, although not on account of the first. Now, the menstrual issue may be natural or unnatural. The natural issue is that to which women are subject at stated periods when they are in good health; and it is unnatural when they suffer from an issue of blood through some disorder resulting from sickness. Accordingly if the menstrual flow be unnatural it is not forbidden in the New Law to approach to a menstruous woman both on account of her infirmity since a woman in that state cannot conceive, and because an issue of this kind is lasting and continuous, so that the husband would have to abstain for always. When however the woman is subject to a natural issue of the menstruum, she can conceive; moreover, the said issue lasts only a short time, wherefore it is forbidden to approach to her. In like manner a woman is forbidden to ask for the debt during the period of that issue.

Article 4: Whether a menstruous woman should or may lawfully pay the marriage debt to her husband if he ask for it?

"The wife hath not power of her own body, but the husband" (1 Cor. 7:4). Therefore at his asking his wife must pay the debt even during her menses.

Further, the menstruous wife should not be an occasion of sin to her husband. But she would give her husband an occasion of sin, if she paid him not the debt at his asking; since he might commit fornication. Therefore, etc.

In this regard some have asserted that a menstruous woman may not pay the debt even as she may not ask for it. For just as she would not be bound to pay it if she had some personal ailment so as to make it dangerous for herself, so is she not bound to pay for fear of danger to the offspring. But this opinion would seem to derogate from marriage, by which the husband is given entire power of his wife's body with regard to the marriage act. Nor is there any parallel between bodily affliction of the offspring and the danger to her own body: since, if the wife be ailing, it is quite certain that she would be endangered by the carnal act, whereas this is by no means so certain with regard to the offspring which perhaps would not be forthcoming.

Wherefore others say that a menstruous woman is never allowed to ask for the debt; and that if her husband ask, he does so either knowingly or in ignorance. If knowingly, she ought to dissuade him by her prayers and admonitions; yet not so insistently as possibly to afford him an occasion of falling into other, and those sinful, practices, if he be deemed that way inclined. If however, he ask in ignorance, the wife may put forward some motive, or allege sickness as a reason for not paying the debt, unless there be fear of danger to her husband. If, however, the husband ultimately persists in his request, she must yield to his demand. But it would not be safe for her to make known [*"Indicare," as in the commentary on the Sentences; the Leonine edition reads "judicare."] her disaffection, lest this make her husband entertain a repulsion towards her, unless his prudence may be taken for granted.

Article 5: Whether husband and wife are equal in the marriage act?

It is written (1 Cor. 7:4): "The husband . . . hath not power of his own body," and the same is said of the wife. Therefore they are equal in the marriage act.

Further, Marriage is a relation of equiparence, since it is a kind of union, as stated above (). Therefore husband and wife are equal in the marriage act.

Equality is twofold, of quantity and of proportion. Equality of quantity is that which is observed between two quantities of the same measure, for instance a thing two cubits long and another two cubits in length. But equality of proportion is that which is observed between two proportions of the same kind as double to double. Accordingly, speaking of the first equality, husband and wife are not equal in marriage; neither as regards the marriage act, wherein the more noble part is due to the husband, nor as regards the household management, wherein the wife is ruled and the husband rules. But with reference to the second kind of equality, they are equal in both matters, because just as in both the marriage act and in the management of the household the husband is bound to the wife in all things pertaining to the husband, so is the wife bound to the husband in all things pertaining to the wife. It is in this sense that it is stated in the text (Sent. iv, D, 32) that they are equal in paying and demanding the debt.

Article 6: Whether husband and wife can take a vow contrary to the marriage debt without their mutual consent?

It is written (1 Cor. 7:5): "Defraud not one another, except . . . by consent, for a time, that you may give yourselves to prayer."

Further, no one can vow that which belongs to another. Now "the husband . . . hath not power of his own body, but the wife" (1 Cor. 7:4). Therefore, without her consent, the husband cannot take a vow of continence whether absolutely or for a time.

A vow is a voluntary act, as its very name implies: and consequently a vow can only be about those goods which are subject to our will, and those in which one person is bound to another do not come under this head. Therefore in matters of this kind one person cannot take a vow without the consent of the one to whom he is bound. Consequently, since husband and wife are mutually bound as regards the payment of the debt which is an obstacle to continence, the one cannot vow continence without the other's consent; and if he take the vow he sins, and must not keep the vow, but must do penance for an ill-taken vow [*Cf.[5008] ; ].

Article 7: Whether it is forbidden to demand the debt on holy days?

Just as certain places are holy because they are devoted to holy things, so are certain times holy for the same reason. But it is not lawful to demand the debt in a holy place. Therefore neither is it lawful at a holy time.

Although the marriage act is void of sin, nevertheless since it oppresses the reason on account of the carnal pleasure, it renders man unfit for spiritual things. Therefore, on those days when one ought especially to give one's time to spiritual things, it is not lawful to ask for the debt.

Article 8: Whether it is a mortal sin to ask for the debt at a holy time?

No circumstance aggravates infinitely. But undue time is a circumstance. Therefore it does not aggravate a sin infinitely, so as to make mortal what was otherwise venial.

To ask for the debt on a feast day is not a circumstance drawing a sin into another species; wherefore it cannot aggravate infinitely. Consequently a wife or husband does not sin mortally by asking for the debt on a feast day. It is however a more grievous sin to ask for the sake of mere pleasure, than through fear of the weakness of the flesh.

Article 9: Whether one spouse is bound to pay the debt to the other at a festal time?

It is written (1 Cor. 7:5): "Defraud not one another, except by consent, for a time," etc. Therefore when one spouse asks the other must pay.

Since the wife has power of her husband's body, and "vice versa," with regard to the act of procreation, the one is bound to pay the debt to the other, at any season or hour, with due regard to the decorum required in such matters, for this must not be done at once openly.

Article 10: Whether weddings should be forbidden at certain times?

It is written (Eccles. 3:5): "A time to embrace, and a time to be far from embraces."

When the newly married spouse is given to her husband, the minds of husband and wife are taken up with carnal preoccupations by reason of the very newness of things, wherefore weddings are wont to be signalized by much unrestrained rejoicing. On this account it is forbidden to celebrate marriages at those times when men ought especially to arise to spiritual things. Those times are from Advent until the Epiphany because of the Communion which, according to the ancient Canons, is wont to be made at Christmas (as was observed in its proper place, ), from Septuagesima until the octave day of Easter, on account of the Easter Communion, and from the three days before the Ascension until the octave day of Pentecost, on account of the preparation for Communion to be received at that time.