Dist. 39, 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/39/q/bon-sent-IV-d39-divisio
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### Commentary on Distinction XXXIX.
#### *On the diriment impediment on account of disparity of worship.*

*After these matters, disparity of worship must be considered.*

### Division of the Text.

Above, the impediments of matrimony which impede with respect to every person have been determined. Here are determined the impediments which regard determinate persons. And this part is divided into two, since some persons are not legitimate on account of too great a distance, as those in whom there is disparity of worship; certain [others] on account of too great a closeness, as those in whom there is spiritual or carnal proximity. Therefore this part has two [members]. In the first he treats of the impediment which comes from disparity of worship. In the second, of the impediment which comes from proximity, below in the fortieth distinction: *Now it remains [to treat] of kinship,* etc.

The first part has two [members]. In the first he treats of disparity of worship by comparison to the contracting of matrimony. In the second, by comparison to [its] dissolution, at: *He can nevertheless licitly dismiss [her],* etc. The first part has two [members]. In the first he determines the truth. In the second he resolves a doubt, at: *But to this it seems there is an objection,* etc.; where he shows that, although matrimony cannot be contracted between a believer and an unbeliever, it can nevertheless exist, if it was contracted beforehand.

*He can nevertheless licitly dismiss [her], because in an unbeliever,* etc. This second part treats of the dissolution of matrimony, and this part has two [members]. In the first he determines the truth. In the second he exposes those who lie, at: *There are nevertheless some who, among unbelievers,* etc., where he reproves those who said that among unbelievers there is no marriage. The first part has two [members]. In the first part he treats of the dissolution of matrimony as to cohabitation between those who are of disparate worship. In the second he treats of the dissolution of matrimony as to the breaking of the bond, or complete separation, showing that if the unbeliever is unwilling to cohabit, the believer can contract [marriage], at: *Here it is asked whether a believer may dismiss an unbeliever,* etc.

### Treatment of the Questions.

For the understanding of the present distinction, inquiry is made concerning the impediment which has [its] being in matrimony from disparity of worship. And concerning this, two things are asked principally.

First it is asked concerning disparity of worship by comparison to the contracting of matrimony.

Secondly, by comparison to [its] dissolution.

Concerning the first, four things are asked.

First it is asked whether matrimony can be contracted between a believer and an unbeliever.

Secondly, whether the Sacrament of matrimony can be contracted between an unbeliever and an unbeliever.

Thirdly, whether matrimony contracted among unbelievers excuses from sin.

Fourthly, whether matrimony contracted in unbelief is counted together with the matrimony of believers.

### Article I.
#### *On disparity of worship as to the contracting of matrimony.*

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