Dist. 35, Divisio Textus
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-divisio
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### COMMENTARY ON DISTINCTION XXXV.
#### *On divorce, which occurs on account of adultery.*

*This too is to be noted, that since the Lord grants that a wife may be dismissed* etc.

### DIVISION OF THE TEXT.

Above, the Master treated of the threefold impediment of matrimony. Here he treats of divorce, which takes its origin from fault and sin. And since adultery can precede matrimony, or follow it; and inasmuch as it precedes, it causes divorce, and inasmuch as it follows, likewise: therefore this part has two [sections]. In the first he treats of divorce, which occurs on account of the adultery that follows matrimony. In the second he treats of adultery which precedes matrimony, there: *It is also wont to be asked whether she may be married* etc.

The first part has four particulae. In the first the Master shows that an innocent husband can dismiss a fornicating [wife], and conversely. In the second he shows that, if both commit fornication, the one cannot dismiss the other against his will, there: *But if it is asked whether an adulterer [may dismiss] an adulteress* etc. In the third he shows that after divorce, while the spouse lives, neither can marry, there: *But if anyone free from fornication* etc. In the fourth, that they can be reconciled to one another, there: *But they can be reconciled* etc. — In the second principal part he first objects, then resolves.

### TREATMENT OF THE QUESTIONS.

For the understanding of the present distinction, inquiry is made concerning divorce. And concerning this, six [questions] are asked.

First it is asked whether it is licit to dismiss a wife by reason of fornication.

Second, whether to dismiss a fornicating wife is a matter of precept.

Third, whether one may dismiss a fornicating [spouse] on one's own authority.

Fourth, whether, once the divorce has been carried out, he may marry another wife.

Fifth, whether after divorce they can be reconciled to one another.

Sixth, whether divorce, with no sin preceding, can occur without fault.

### SOLE ARTICLE.
#### *On divorce.*

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