Dist. 41, Art. 1, 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/41/q/bon-sent-IV-d41-a1-q1
----------------------------------------
### Sole Article. *On the impediment of affinity.*
### Question I. *Whether affinity can be contracted through every act of intercourse, whether legitimate or fornicating.*

Concerning the first point one proceeds thus, and it is shown that affinity can be contracted through every act of intercourse, whether legitimate or fornicating.

1. Causa 35, question 3: "If a man has fornicated with a woman, and his brother has taken her to wife; because his brother concealed the crime, let him do penance for seven years"; but this is for no other reason than that she has become an affine to the brother: therefore etc.

2. Likewise, in the *Decretals*, [under the title] "On him who has known a blood-relation of his wife", it is expressly said that it is not lawful to demand the [marriage] debt, in that decretal *Letters transmitted to us*, etc.; but this is only on account of affinity: therefore through fornicating intercourse affinity is contracted.

3. Likewise, it seems [so] by reason: because affinity is contracted through intercourse for no other reason than that there is a mingling of flesh, through which man and woman have become one

flesh; but this is not only in the legitimate act, but also in the fornicating one, according to what is said in 1 Corinthians 6: *He who cleaves to a harlot is made one body with her.*

4. Likewise, the son of your brother born of fornication is your blood-relation just as if he were born of legitimate matrimony; if therefore consanguinity is contracted through the fornicating act, by equal reasoning affinity is too.

**On the contrary:** 1. Causa 35, question 3: "Extraordinary pollution apart from marital affection, if it be established to be so, does not seem to impede matrimony"; but the fornicating act is outside the right order: therefore it does not impede matrimony. But affinity does impede: therefore affinity is not contracted there.

2. Likewise, affinity is a legitimate bond, which is instituted by God and by the Church: therefore, since fornication is an action against legitimacy and against the divine statute, through fornication such a bond is never contracted.

3. Likewise, affinity is an insoluble bond; but the conjunction through fornicating intercourse does not join insolubly, but rather solubly: therefore through that intercourse the bond of affinity is never contracted.

4. Likewise, through intercourse outside matrimony irregularity for receiving orders is not contracted: therefore by equal reasoning neither is illegitimacy for contracting matrimony; if therefore affinity produces illegitimacy, it seems that through such intercourse affinity neither ought nor can be contracted.

### Conclusion.

> *Affinity is generally contracted through every completed union.*

**I respond:** It must be said that affinity is generally contracted through every act of intercourse in which there is a mingling of bloods. — And the reason for this is that affinity is not contracted except by reason of union; and they are then said to become one flesh when, through the mingling of seed, the consummation of that work takes place. If therefore they come together otherwise, whether by polluting against nature outside the vessel appointed for that use, or by invading the enclosures, in such a way that the nefarious work is not consummated; affinity is not judged to be contracted, according to what is said in Causa 35, question 3, *Extraordinaria*. But if the contrary seems to be said in the *Decretals*, [under the title] "On him who has known a blood-relation", *Fraternitati* etc.; it must be said that that separation was not on account of affinity, but on account of the justice of public honesty, which is contracted from mere betrothals.

1. To that, then, which is objected to the contrary concerning extraordinary pollution, the response is already clear, because it is understood [of the case] where there was no mingling of seed, by which man and woman would be said to be made one flesh.

2. To that which is objected, that the legitimate bond is instituted by God; it must be said that in fornication there are two things, namely the *underlying action*, which is natural, and the *deformity of will*, by which someone wills to know a woman not his own, or [in which there is] a defect of circumstance concerning the act itself. As to the first it is a natural action, good and from God; as to the second it bespeaks a defect and deformity and takes on the name of vice; the bond of affinity therefore is contracted by reason of the first, not by reason of the second.

3. To that which is objected, that it is an insoluble bond; it must be said that a transient action for the most part leaves behind a perpetual effect, or, that I may say it better, a lasting one, as is clear: because, just as fornication induces a corruption of the flesh, so the knowing of a wife effects a union of body; and since, from the moment he has known [her], he must necessarily have known [her]: therefore from this conjunction there results an insoluble bond. And there is an example: because, just as from one such act offspring can be generated, which is bound by a perpetual bond to father and mother; so affinity can be generated, since such a conjunction is one that introduces affinity, not one that conserves it. Therefore, though it [the act] itself is transitory, the affinity can be lasting.

4. To that which is objected concerning irregularity for orders, it must be said that the knowing of a woman does not generate irregularity, except insofar as it induces a defect of the Sacrament; and since a defect of the Sacrament presupposes some being of the Sacrament, and [comes] after the privation of perfection; hence it is that irregularity is not contracted through intercourse outside matrimony. But affinity regards the unity of flesh and body, and this is common both to the fornicating act and to the legitimate one; therefore it can cause affinity, but not irregularity.