Dist. 39, Art. 1, Q. 3
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/39/q/bon-sent-IV-d39-a1-q3
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### Question III. *Whether the marriage of infidels excuses intercourse, so that there is no sin in it.*

Thirdly it is asked whether the marriage of infidels excuses intercourse or the conjugal act, so that there is no sin in it. And that it does not, it seems:

1. To the Romans, chapter fourteen: *Whatever is not from faith is sin*; but the conjugal act among infidels is not from faith: therefore it is a sin.

If you say that there *faith* is called conscience, and that is said not to be from faith which is against conscience, as the Master explains in the text; *it is then objected* from the Gloss, which explains that «the whole life of infidels is sin»: therefore the married life too is sin: therefore marriage does not excuse from sin.

2. Likewise, Cause twenty-eight, question one, chapter one: «There is no true chastity of an infidel with his spouse», and it is a saying of Augustine: therefore an infidel does not know his spouse chastely; and he knows [her] either chastely or unchastely: therefore unchastely: therefore his intercourse is not without sin.

3. Likewise, the ecclesiastical sacraments among heretics, although they be genuine, are nevertheless not profitable, since, even if they have the form, yet on account of unbelief they have no efficacy: therefore by parity of reasoning [it is so] among infidels.

4. Likewise, a heretic in baptizing sins mortally, because he does not baptize in order to lead [one] to the worship of God, but to draw [one] to error; but infidels do not procreate offspring for the worship of God, but rather for remaining in their own darkness and errors: therefore they sin by coming together for the sake of offspring. But no intercourse is more honorable than this one, which is done for the sake of having offspring: therefore no intercourse among infidels is done without sin.

**On the contrary:** 1. There are three parts of continence, namely virginal, widowed, and conjugal; but infidels by maintaining virginal continence do not sin, likewise by maintaining widowed continence: therefore by parity of reasoning neither in conjugal continence. But this consists in rendering and requesting the debt to a wife: therefore etc.

2. Likewise, an infidel who has a wife and knows her with marital affection knows his own [wife] with ordered affection; but an act passing over its due matter with an ordering of affection is without sin: therefore the conjugal act among infidels is without sin.

3. Likewise, marriage excuses from sin, either therefore inasmuch as it is a sacrament of *the law of nature,* or inasmuch as it is a sacrament of *the Church.* If inasmuch as it is a sacrament of *the law of nature:* then, since it exists in this way among infidels, it therefore excuses their intercourse. If inasmuch as it is a sacrament of *the Church only:* then it did not excuse before the coming of Christ: therefore however many knew wives before the coming of Christ were fornicators: therefore, since it is wicked to say this, the first [alternative] returns.

4. Likewise, where there is marriage, there is a mutual obligation: therefore since among infidels there is marriage, there is therefore there a mutual obligation: therefore the one is bound to render the debt to the other. But no one sins by doing that to which he is bound, unless he corrupts it through an evil will: therefore he who renders the debt to his wife does not sin.

> **Conclusion.** The marriage of infidels excuses intercourse in some way from fault.

**I respond:** It must be said that, as was touched upon in the preceding problem, the marriage of infidels is a *half-full remedy.* And the reason for this is that the goods of marriage are there imperfectly, both because in them *faith* is lacking, and because in them the *sacrament of faith* is lacking. Because the *sacrament of faith* is lacking, it is therefore not a perfect *sacrament* or bond, since it can be bound by a stronger bond. Because *faith* is lacking, there is not in them a perfect *remedy,* because *without faith it is impossible to please God*; and although without faith someone can in a given act *avoid sin,* because he does not do evil, yet it is impossible to *merit a reward.* Whence, just as *continence* is one thing among infidels and another among the faithful — because the faithful through chastity both avoid *punishment* and acquire the *palm,* whereas those [others], even if they avoid *punishment* when they cease from evil, nevertheless do not acquire the *palm* — so is it to be understood in marriage, that among the faithful, both on account of the merit of faith and on account of the blessing of the Church, there is given not only a *remedy,* which preserves from fault, but also *grace* is given, which remits concupiscence. But among infidels no *grace* at all is given; nevertheless, because they are joined according to divine ordinance, they avoid *fault,* unless a lustful affection intervene, which even among Christians defiles the conjugal act. — And thus the arguments are to be conceded which show that among infidels marriage excuses intercourse in some way.

1. To that, then, which is objected — that «whatever *is not from faith*» is therefore a sin — it must be said that this is understood, as was said before and is clear from the Gloss, [to mean] that which *is not from faith,* that is, «against conscience», since «he who acts against conscience builds toward hell». But as for what it adds, that «the whole life of infidels is sin», this is said *by concomitance,* because it is never without sin, for the reason that sins are purified by faith alone; and therefore, whatever they do, so long as they are without faith, they cannot be without sin.

2. To that which is objected, that there is no true chastity of an infidel, etc.; it must be said that *true* is worth only as much as *perfect*; whence it is said not to be *true,* because it is not perfect. — But this exposition is somewhat foreign [to the point]; and therefore it must be said that it is not *true chastity,* because it does not have the true and proper effect of virtue, just as it is not true wine which does not have the operation of wine. Now the operation or effect of virtue is that it makes [one] turn aside from evil, and through this it avoids *punishment*; it also makes [one] do what is good, and through this it acquires *glory.* And although among infidels the first can be found, yet not the second; therefore chastity is not a *true virtue* among them. And this is what Augustine says: «Where the knowledge of the eternal and unchangeable Truth is lacking, virtue is false even in the best morals».

3. To that which is objected, that the sacraments of the Church do not have efficacy among heretics; it must be said that the case is not the same for marriage and the other sacraments. For in the others a remedy is provided against a disease which *is already present* — whence in the others grace is given, or the effect of grace, by means of which the soul is healed of the corruption of the disease — but in marriage, inasmuch as it is a sacrament of *the law of nature,* there is given a *preservative* remedy against fault, lest anyone sin in knowing a woman; although, inasmuch as it is a sacrament of *the Church,* by reason of the blessing attached it also gives grace to those who approach worthily. Since therefore infidels do not receive sanctifying grace nor its effect, so long as they are in unbelief; therefore the other sacraments do not provide them a remedy, but this one alone can provide it for them, though not a perfect [remedy], but only for warding off evil.

4. To that which is objected, that a heretic in baptizing sins mortally; it must be said that he sins, because he usurps what is not his own; and if he actually intends to lead [one] to error, then he sins more gravely. But just as it can be that some heretic baptizes without intending to lead a man into error, so it can be that someone begets offspring without intending to draw [them] to the worship of idols, but only intending to have posterity. And this indeed, because it lacks a *formed intention,* does not have perfectly the good of offspring nor merit; yet because it does not have a *deformed* intention, it therefore does not have demerit. And therefore such children can be judged *legitimate,* which is a sign that they were begotten in a married way; for otherwise they would be judged *illegitimate.*

For there is a fourfold difference of children among infidels just as among the faithful. For some are *natural and legitimate,* as those who are begotten of legitimate wives; and these ought and can succeed to the goods [of inheritance]. Some are *legitimate, but not natural,* as adopted sons; and these likewise can succeed. Some are *natural, but not legitimate,* as those who are born of concubines. Some are *neither legitimate nor natural,* as are those who are born of adultery, or even of incest.

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