Article 5 — Whether a husband could lawfully take back the wife he had divorced?
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Objection 1: It would seem that a husband could lawfully take back the wife he had divorced. For it is lawful to undo what was badly done. But for the husband to divorce his wife was badly done. Therefore, it was lawful for him to undo it by taking back his wife.
Obj. 2: Further, it has always been lawful to be indulgent to the sinner because this is a moral precept, which remains in every law. Now the husband, by taking back the wife he had divorced, was indulgent to one who had sinned. Therefore, this also was lawful.
Obj. 3: Further, the reason given for its being unlawful to take back a divorced wife was because she is defiled (Deut 24:4). But the divorced wife is not defiled except by marrying another husband. Therefore, at least it was lawful to take back a divorced wife before she married again.
On the contrary, Deuteronomy 24:4 says that the former husband cannot take her again.
I answer that, In the law concerning the bill of divorce two things were permitted: namely, for the husband to put away the wife, and for the divorced wife to take another husband; and two things were commanded, namely, that the bill of divorce should be written, and second, that the husband who divorced his wife could not take her back. According to those who hold the first opinion (A. 3) this was done in punishment of the woman who married again, and that it was by this sin that she was defiled: but according to the others it was done that a husband might not be too ready to divorce his wife if he could in no way take her back afterwards.
Reply Obj. 1: In order to prevent the evil committed by a man in divorcing his wife, it was ordered that the husband could not take back his divorced wife, as stated above: and for this reason it was ordered by God.
Reply Obj. 2: It was always lawful to be indulgent to the sinner as regards the unkindly feelings of the heart, but not as regards the punishment appointed by God.
Reply Obj. 3: There are two opinions on this point. For some say that it was lawful for a divorced wife to be reconciled to her husband unless she were joined in marriage to another husband. For then, on account of the adultery to which she had voluntarily yielded, it was assigned to her in punishment that she should not return to her former husband.
Since, however, the law makes no distinction in its prohibition, others say that from the moment that she was put away she could not be taken back, even before marrying again, because the defilement must be understood not in reference to sin, but as explained above (A. 4).
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