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Question 62 — Fornication

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We must now consider the impediment that supervenes upon marriage after its consummation, namely, fornication, which is an impediment to a previous marriage as regards the act, although the marriage tie remains.

Under this head there are six points of inquiry:

(1) Whether it is lawful for a husband to put his wife away on account of fornication?

  • (2) Whether he is bound to do so?
  • (3) Whether he may put her away at his own judgment?
  • (4) Whether in this matter husband and wife are of equal condition?
  • (5) Whether, after being divorced, they must remain unmarried?
  • (6) Whether they can be reconciled after being divorced?

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