Dist. 39, Art. 2, Q. 1
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-a2-q1
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### Article II. *On disparity of cult with respect to the dissolution of marriage.*

Next, with regard to the second article, inquiry is made concerning disparity of cult in comparison to the dissolution of marriage; and concerning this four things are asked.

First it is asked whether, when one comes to the faith and the other remains in unbelief, the marriage is dissolved with respect to the believer.

Second, whether it is dissolved with respect to the unbeliever.

Third, whether it is dissolved when one of the spouses becomes an unbeliever.

Fourth, whether, when both come to the faith, the marriage is dissolved on account of the illegitimacy of the persons.

### Question I. *Whether, when one of two unbelievers comes to the faith while the other remains in unbelief, the marriage is dissolved with respect to the believer.*

With regard, then, to the first, the argument proceeds thus, and it is shown that the marriage is dissolved with respect to the one who remains in the faith.

1. First to the Corinthians, chapter seven: *But if the unbeliever depart, let him depart, for a brother or sister is not made subject to servitude in such cases.* Upon which passage Ambrose says: «Contempt of the Creator dissolves the marriage in the case of the one who is abandoned, so that he not be accused for being joined to another».

2. Likewise, a marriage is not ratified without the Sacrament of baptism; but what is not ratified is dissolved by bodily fornication: therefore also by spiritual fornication. That it is ratified through baptism is clear from Innocent, in the *Extra*, on Divorce, *Quanto te novimus*: «The Sacrament of baptism», he says, «once it has been admitted, makes the Sacrament of marriage ratified».

3. Likewise, a woman cannot prevent her husband from being converted to the faith: therefore if she does not wish to follow or cohabit, she cannot prevent him from contracting [another marriage], since the husband is not bound to continence.

4. Likewise, a stronger bond dissolves a weaker one where it is less opposed to it; but a baptized person is held by a stronger bond to God than to an unbelieving wife: therefore where the woman is not in accord with him, the bond is dissolved on her side.

**Contra:**
1. First to the Corinthians, chapter seven: *If any man has an unbelieving wife, let him not put her away, if she consents to cohabit*: therefore the marriage is still between them: therefore neither is the bond dissolved, nor is cohabitation divided, when one is converted.

2. Likewise, a marriage consummated by the commingling of the flesh signifies the union of the natures in Christ; but that union is altogether indissoluble: therefore so too such a marriage: therefore if they have been carnally commingled, such a bond cannot be dissolved.

3. Likewise, what is right through the Sacrament of the faith is not weakened but confirmed; but between two unbelievers a marriage was rightly contracted: therefore if it is never weakened, if they persist in unbelief, neither is it weakened if one comes to the faith.

4. Likewise, if one of the spouses passes over to a better manner of life, as to religion, a consummated marriage is not dissolved: therefore neither if he passes over to the faith.

### Conclusio

> If in a marriage of unbelievers one party only is converted to the faith, this party is freed from the office of cohabitation and of paying the debt, indeed then from the very bond of marriage, when the unbeliever is unwilling to cohabit without contempt of the Creator.

**Respondeo:** It must be said that, speaking of dissolution with respect to *cohabitation* and *mutual servitude*, this is within the power of the believer; but speaking of dissolution with respect to the *rupture of the bond*, a distinction must be drawn: for the unbeliever either *wishes to cohabit*, or *does not*. If he *wishes to cohabit*, it is either *with* blasphemy of the name of Christ, or *without*; if *without*, either so as to *draw* [the believer] to unbelief, or *not*. — If he *wishes* to cohabit without blasphemy of the name of Christ, and in such a way that he does not draw [the believer]

to sin; the marriage is not dissolved, because he neither does injury nor offers contempt to God nor to the marriage nor to the husband. — But if he *departs*, or *is unwilling* to cohabit without contempt of the Creator, or without impulsion to unbelief; in these three cases she can be dismissed by the believer, and through the contempt done to the marriage and to the Creator the *bond* can be broken; and she can contract with another, as Ambrose says, and the *Extra*, on Divorce, *Quanto te novimus*, and: *Gaudemus*.

I concede therefore that three things bring about the dissolution of a marriage contracted in unbelief: the first is *its own weakness*; the second is *disparity of cult*; the third, *injury to the Creator or to the marriage*. The first *renders it possible* for dissolution, the second *disposes* it, and the third *dissolves* it. — The *weakness* of the marriage is by reason of the imperfect signification which it has among unbelievers, and by reason of the defect of baptism. Hence it is said that such a marriage is legitimate, but not ratified; because, as Innocent says, «The Sacrament of the faith, that is of baptism, which once admitted makes the Sacrament of marriage ratified», is to be understood, namely, on the part of the recipient; and this is because unbelievers cannot be so bound into «the individual companionship of life» that the other may not pass over to the faith; and thus, if the unbeliever does not wish to be changed, the [believer] can be simply separated, when perfect faith comes by receiving the Sacrament of the faith. — *Disparity of cult* is the second reason, because then a stronger bond comes upon the other person. — *Injury to the marriage* or to *God* occurs when the unbeliever does not wish to cohabit, or not without contempt of the Creator; and then that bond is dissolved, because it is opposed to the bond by which the believer is bound to God. — The reasons proving that the marriage is dissolved when these concur are therefore to be granted; and the reasons to the opposite are plain.

1. For what the Apostle says is true when the woman wishes to dwell in peace without contempt of God.

2. The other is clear, because, even though the marriage be consummated, nevertheless it is not ratified, nor does it have among unbelievers full signification nor a stable foundation.

3. To that which is objected, that faith does not weaken what is right; it must be said that this is true insofar as it is right; but insofar as it is a way to obliquity, as when the woman is unwilling to cohabit unless the husband be drawn to evil, then it does dissolve.

4. The last is clear, because those three causes do not concur when someone passes over to a better manner of life.