Dist. 39
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-littera
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### Chap. I. *On disparity of worship.*

After these matters, disparity of worship must be considered. For this is one of the causes by which persons are made illegitimate for contracting marriage. For it is not lawful for a Christian to enter into marriage with a gentile or a Jewess, since even in the Old Testament it was forbidden that faithful men should take unbelieving wives, the Lord saying: *You shall not take wives of the daughters of foreigners for your sons, lest they lead them away after their gods.* According to this precept of the Lord, Ezra separated the marriages of the Jews contracted with foreigners. This same thing is observed also in the New Testament. Hence Augustine: « Let not a woman marry, except a man of her own religion, nor let a man take such a wife. For this, as you say, the Lord commands, the Apostle teaches, and both testaments enjoin ». Likewise Ambrose: « Beware, Christian, of giving your daughter to a gentile or a Jew; beware lest you take to yourself a gentile or a Jewess or a foreigner — that is, a heretic — and every wife alien to your faith ». Likewise: « If anyone be joined in carnal fellowship to a Jewess, or a Christian woman to a Jew, or a Jewess to a Christian, whoever has committed so great a wickedness, let him be at once separated from the Christian assembly ». — From these and many other testimonies it appears that marriage cannot be contracted by those who are of a different religion and faith.

### Chap. II. *On the marriage of a believer and an unbeliever and of two unbelievers.*

But there seems to be opposed to this what the Apostle says concerning unequal marriages: *I say, not the Lord: If any brother has an unbelieving wife, and she consents to dwell with him, let him not put her away; and if any woman* etc. But « that this is one thing and that another, Augustine evidently shows. For there the discussion is about those marriages of believers and unbelievers which are contracted by them while they remain in disparity of religion and faith. But the Apostle treats of those who were of one and the same unbelief when they were joined; but when the Gospel had come, the one believed without the other. Do you understand what I say? » « Attend, that I may explain the matter itself more diligently. Behold, two spouses were of one unbelief when they were joined; there is no question about these which pertains to that precept of the Old and New Testament, by which a believer is forbidden to join marriage with an unbeliever. Now they are spouses and both are still unbelievers; they are still such as they were when joined. And the preacher of the Gospel came, and one of them believed, a man or a woman, but in such a way that the unbeliever consents to dwell with the believer; the Lord does not command that the believer put away the unbeliever thus joined ». « Nor does the Apostle command that he not put her away, but he counsels, that if anyone act otherwise, he be not a transgressor, just as he also counsels concerning virgins ». « He advises, therefore, because there is an occasion of gain, since one could lawfully forsake, but it is not expedient ». For then that which is lawful is not expedient, when it is indeed permitted, but the use of it brings to others an impediment to salvation, as does the departure of a believer from an unbeliever, which the Lord does not forbid, because in his sight it is not unjust; but the Apostle, that it be not done, persuades by the counsel of charity, that no one in that matter be bound by the necessity of a command, but act freely by the will of counsel ». — From these things it is shown both that there is marriage among unbelievers, and that the counsel of the Apostle does not run counter to the precept of the Lord, by which he commands that a believer not be joined to an unbeliever, and, if they have been joined, that they be separated. For it is read, that « Ezra the prophet, nay rather the Lord through him, commanded the Israelites to put away their foreign wives, through whom they were going to strange gods, nor were those women being won to God through their husbands. Rightly did he command this; because through Moses the Lord had commanded that no one take a foreign wife. Deservedly, therefore, those whom they had married, the Lord forbidding, the Lord commanding, they put away »; because, as Ambrose says, « that marriage is not to be reckoned which is made outside God's decree; but when it is recognized, it must be amended, so that when a believer is joined to an unbeliever ».

But as Augustine says: « When the Gospel had begun to be preached to the gentiles, it found gentiles already joined to gentile spouses; of whom, if not both believed, but one, a man or a woman, and the unbeliever consented to dwell with the believer; the believer neither ought to be forbidden by the Lord to put away the unbeliever nor to be commanded: therefore not forbidden, because justice permits departing from a fornicator; and the fornication of the unbelieving man is greater in the heart, nor can there be said to be true chastity of his with his spouse, because *everything that is not of faith is sin,* although the believer has true chastity, even with an unbelieving spouse, who does not have true chastity; but therefore neither commanded, because the gentiles were not both joined contrary to the command of the Lord ». « It was lawful, therefore, by justice for the believer to put away the unbeliever; but it was not lawful to do it, on account of free good-will ». — It evidently appears both that there is marriage among unbelievers, and that the Apostle treats of those who were joined in unbelief, and afterward one was converted to the faith, with whom the unbeliever consents to dwell; and the Apostle counsels the believer not to put him away, because perhaps through the believer the unbeliever will be saved.

### Chap. III. *On spiritual fornication, on account of which a spouse can be put away.*

Yet one can lawfully put away, because in the unbeliever there is fornication, if not of the body, yet of the mind. For the Lord made *fornication* an exception; but we are compelled to understand *fornication* generally and universally, not only bodily, namely, but also spiritual; concerning which Augustine says: « Idolatry and every noxious superstition is fornication. But the Lord *permitted* a wife to be put away for the cause of fornication, but did not *command* it; and thus he gave the Apostle occasion for admonishing, that whoever wishes may not put her away »; yet one can lawfully put away. « For if fornication of the flesh is to be detested in a spouse, how much more fornication of the mind, that is, unbelief »?

### Chap. IV. *For what sins separation can be made, or not.*

But if you ask whether on account of any other vice than unbelief or idolatry one can put away; attend to what Augustine says: « If unbelief is fornication, and idolatry unbelief, and avarice idolatry; it is not to be doubted that avarice too is fornication. Who, then, can separate any unlawful concupiscence whatever from the class of fornication, if avarice is fornication? From which it is understood, that on account of unlawful concupiscences — not only those which are committed in debaucheries with other men or women, but for whatever sort make the soul stray from the law of God and be perniciously corrupted — both a man may without crime put away his wife, and a wife her husband ». Likewise, « most rightly is she put away, if she say to her husband: I will not be your wife, unless you heap up riches for me from robbery, or unless you ply your accustomed pandering, or if she demand anything else criminal or shameful from her husband. Then he, if he is truly penitent, and has *faith working through love,* will cut off the member which scandalizes him ». — From these things it appears, that not only unbelief, but also any concupiscence whatever which perniciously and basely corrupts, is *spiritual fornication,* through which a man can put away his wife, or a wife her husband. Yet the Apostle counsels that a believer not put away an unbeliever willing to cohabit, nor call [that one] back from God.

### Chap. V. *Whether it is lawful for a believer to marry another, or not.*

Here it is asked, if a believer puts away an unbeliever, or an unbeliever departs from a believer, whether it is lawful for the believer to marry another. Authority seems to testify that, while she lives, he cannot marry another. For Ambrose, expounding the words of the Apostle, says: « Otherwise, if you depart from one another and, though willing to cohabit, you put them away and join yourselves to others, you are adulterers, and your children, who are born of this union, are unclean, that is, spurious ». Likewise: « If anyone has had a virgin wife before baptism, while she lives, after baptism he cannot have another. For crimes are dissolved in baptism, not marriages ». But on the contrary Ambrose testifies: *If the unbeliever,* says the Apostle, *departs, let him depart. For a brother or sister is not subject to servitude in such cases;* because « reverence of marriage is not owed to him who abhors the author of marriage. For that is not a ratified marriage which is without devotion to God; and therefore there is no sin for the one who is put away for God's sake, if [that one] join to another. For the contumely of the Creator dissolves the bond of marriage regarding the one who is left, lest he be accused of being joined to another. But the unbeliever who departs sins both against God and against the marriage, nor is the fidelity of marriage to be kept for him, who withdrew for this reason, that he might not hear that Christ is the God of Christian marriages. But if both have believed, through the knowledge of God the marriage is confirmed ». Attend, that these may seem contrary to the aforesaid, so that Ambrose seems to contradict himself. « But it must be distinguished here: it is one thing to put away one willing to cohabit, another to be put away for God's sake by him who abhors the name of Christ. There the law of benevolence is not kept, here truth is guarded. And therefore, although it is lawful to put away one willing to cohabit, yet, while she lives, it is not lawful to marry another; but one is not obliged to follow the one departing, and, while she lives, it is lawful to marry another. But this is not to be understood except of those who were joined to one another in unbelief. But if both have been converted to the faith, or if either

believer has been joined in marriage, and afterward one of them has departed from the faith and out of hatred of the faith has abandoned the spouse, the one dismissed shall not follow the one departing; nor yet, while she lives, shall he be able to marry another, because between them there had been a ratified marriage, which cannot be dissolved ».

### Chap. VI. *Whether there is marriage among unbelievers.*

Yet there are some who assert that among unbelievers there is no marriage, because their union is neither *ratified* nor *legitimate.* It is not *ratified,* because it can be dissolved; nor *legitimate,* because the Apostle says: « *Everything that is not of faith is sin.* But their union is not of faith, and therefore it is sin; it is not, therefore, marriage, because no marriage is sin. Augustine also says, that there is no *true* chastity of an unbeliever with a believer. But *true* chastity is denied to be [there], not because the marriage of unbelievers is not true, but because it does not have that threefold good which excuses intercourse and merits a reward. Likewise, that saying of the Apostle: *Everything that is not of faith is sin;* is not to be so understood, as that whatever is done by unbelievers is sin; but everything that is done against faith, that is, against conscience, is done ill and *builds toward Gehenna.* Or, in everything that an unbeliever does, he sins, not because he does *that thing,* but because he does not do it *in that manner* in which he ought, not referring it to its due end.

### Chap. VII. *That [such] marriage is legitimate.*

The marital union, therefore, which is among unbelievers, is a *legitimate* marriage, but not *ratified: legitimate,* because it is between legitimate persons; but not *ratified,* because without faith. But the marriage of believers is *legitimate* and *ratified,* if, however, the persons are legitimate. And that the union of unbelievers is *legitimate,* Augustine testifies, saying: « A lawful wife joined in fellowship is left without any fault, if she has been unwilling to remain with her Christian husband ». — From this also it is proved, that to an unbeliever converted to the faith the Apostle counsels not to put away the unbeliever; which he would not do, if there were not a legitimate marriage between them. *Legitimate* is that which is contracted by legal institution or by the customs of the province, not against the command of the Lord.

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