Article 1 — Whether a second marriage is lawful?
Objection 1: It would seem that a second marriage is unlawful. For we should judge of things according to truth. Now Chrysostom (Hom. 32 in the Opus Imperfectum) says that to take a second husband is in truth fornication, which is unlawful. Therefore, neither is a second marriage lawful.
Obj. 2: Further, whatever is not good is unlawful. Now Ambrose (On Widows) says that a second marriage is not good. Therefore, it is unlawful.
Obj. 3: Further, no one should be debarred from being present at such things as are becoming and lawful. Yet priests are debarred from being present at second marriages, as stated in the text (Sentences IV, D. 42). Therefore, they are unlawful.
Obj. 4: Further, no one incurs a penalty save for sin. Now a person incurs the penalty of irregularity on account of being married twice. Therefore, a second marriage is unlawful.
On the contrary, We read of Abraham having contracted a second marriage (Gen 25:1).
Further, The Apostle says: I will that the younger, namely, widows, should marry, bear children (1 Tim 5:14). Therefore, second marriages are lawful.
I answer that, The marriage tie lasts only until death (Rom 7:2), wherefore at the death of either spouse the marriage tie ceases: and consequently when one dies the other is not hindered from marrying a second time on account of the previous marriage. Therefore, not only second marriages are lawful, but even third and so on.
Reply Obj. 1: Chrysostom is speaking in reference to the cause which is wont at times to incite a person to a second marriage, namely, concupiscence, which incites also to fornication.
Reply Obj. 2: A second marriage is stated not to be good not because it is unlawful, but because it lacks the honor of the signification which is in a first marriage, where one husband has one wife, as in the case of Christ and the Church.
Reply Obj. 3: Men who are consecrated to divine things are debarred not only from unlawful things, but even from things which have any appearance of turpitude; and consequently they are debarred from second marriages, which lack the decorum which was in a first marriage.
Reply Obj. 4: Irregularity is not always incurred on account of a sin, and may be incurred through a defect in a sacrament. Hence the argument is not to the point.
Chapter 3505 of 3726