Dist. 35, Art. 1, Q. 6
by St. Bonaventure
Source text: Public Domain Mark 1.0. English translation/apparatus/encoding: CC BY-NC 4.0, Wroot Press.
https://bonaventure.wrootpress.com/browse/4/d/35/q/bon-sent-IV-d35-a1-q6
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### Question VI. *Whether a divorce can take place, if no fault precedes.*

Sixthly and lastly it is asked whether a divorce can take place, if no fault precedes. And that it cannot, seems [to be the case].

1. First to the Corinthians, chapter seven: *I command, not I but the Lord, that the wife depart not from her husband, except for the cause of fornication:* therefore it is commanded that they not be separated; but against a command one cannot act without incurring fault: therefore, etc.

2. Likewise, Ambrose on Luke: « You dismiss your wife without crime; you think this permitted to you, which the divine law forbids »: therefore this is forbidden, to dismiss [her] without crime.

3. Likewise, by the word of the Lord himself, which is firmer than the rest, Matthew, chapter nineteen: *Whoever dismisses his wife unless for fornication, commits adultery;* but by fornication, whether it be taken broadly or strictly, fault is always understood: therefore, etc.

4. Likewise, those who are legitimately joined for a perpetual and undivided common life are bound by matrimony; whoever therefore acts against this, unless he have a cause for which he ought reasonably to do it, inflicts an injury on the matrimony; and it is not without sin to inflict injury on the Sacrament: therefore, etc.

5. Likewise, first to the Corinthians, chapter seven: *Are you bound to a wife? Do not seek release:* therefore, unless fault or sin intervene, it seems that it is not permitted to make a divorce.

**On the contrary:**

1. As is held in the *Decretals, On the Conversion of the Married*, a man and a woman can, if they wish, enter different religious [orders] by mutual consent, even if no fault precedes; but this is not done without a divorce: therefore, etc.

2. Likewise, everyone can licitly renounce his own right: therefore, both as to cohabitation and as to paying the debt he can absolve [himself]: therefore, etc.

3. Likewise, with the wife wishing to enter a monastery, the man can be promoted to sacred orders and to the episcopate; and all this without fault, as is said in *On the Conversion of the Married*, *Sane si coniugati:* therefore, etc.

Alongside this it is asked whether it is necessary for both to make a solemn vow in order that a divorce may take place, and why.

> **Conclusion.** A divorce without a preceding fault cannot take place, unless both, voluntarily passing over to a higher state, bind themselves by a solemn vow.

**I respond:** It must be said that a divorce between legitimate spouses can take place in two ways: either so that *they remain in the same state,* or so that *they pass over to the fruit of a better life.* If [it be] so that *they remain in the same state;* then it ought not to take place, unless manifest fault precede, both on account of *danger* and on account of scandal. — If [it be] so that *they pass over to the fruit of a better life;* then either *both are willing,* or *the other is unwilling.* If *both are willing;* then it can take place without fault, provided, however, that each make a solemn vow, and each take on the habit of religion — unless it be such a person « of whom no suspicion can arise », who, once the solemn vow has been made, will be able to remain in [her] home; but if not, it is necessary that both be converted [to religious life], as is expressly touched upon in several decretals *On the Conversion of the Married*: again, such a divorce ought to be made through a public person, especially through a bishop. — But if *the other wishes to cohabit;* in no way can it take place except through a preceding fault.

And according to this distinction, the arguments made for both parts are answered, as is clear to one who looks. — Nevertheless, as to what the Apostle says lastly, that *the one bound should not seek release,* he does not say this to dissuade [anyone] from the higher state, but to remove instability from the community, and to show that in any state a person can be saved. Hence that [saying] is understood [thus]: that *he should not seek release,* namely *to the prejudice of the wife,* just as neither [should] a slave [seek] freedom to the prejudice of [his] master.

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