Original Douay–Rheims AnnotationsDeuteronomy 24

Dismiss her.

^[1] Whether this divorce was tolerated as a less sin, to avoid a greater, as S. Hierome (li. 1. in Mat. c. 5. & li. 3. in c. 19.) S. Chrysostome (ho. 12. in Mat. 5.) and others teach; or dispensed withal, and so made lawful to the Jews, which is also probable, for that none of the holy Prophets did ever reprehend it; sure it is, that Christ either by correcting a fault, or by recalling a former dispensation, restored the insolubility of marriage to the first institution, saying: (Mat. 19.) That which God hath joined together, let not man separate. Further answering the Pharisees, concerning this law, that Moyses for the hardness of your heart permitted you to dismiss your wives: but from the beginning it was not so. ^[2] And albeit he alloweth separation of man and wife for fornication, yet for no cause neither of them can marry again, so long as the other liveth. As S. Augustin (li. 1. de adulter. coniugijs. c. 11. & 12.) by conference of three Evangelists' words touching this point, plainly sheweth, concluding that for so much as holy Scripture calleth him (that taketh a woman so dismissed) not a husband, but an adulterer, she is still his wife, by whom for fornication she was dismissed. Likewise he proveth by S. Paul's doctrine (Rom. 7. & 1. Cor. 7.) that though divorce be made for adultery, yet neither the guilty nor innocent party can marry another, for the Apostle saith: A woman is under the law of her husband, so long as he liveth. If her husband be dead she is loosed from his law. Therefore her husband living, she shall be called an adultress, if she be with another man. If she part, let her remain unmarried, or be reconciled to her husband. A woman is bound to the law so long time as her husband liveth, &c. These words of the Apostle (saith he li. 2. c. 4. ) so often repeated, so often inculcated, are true, are lively, are sound, are plain. A woman beginneth not to be the wife of a later husband except she cease to be the wife of the former. And she ceaseth to be the wife of the former, if he die, not if he (or she) commit adultery. Therefore a wife is lawfully dismissed for fornication, but the bond of the former remaineth, for which cause he is guilty of adultery, that marrieth her that is dismissed, yea though it be for fornication. Thus and much more sayeth. S. Augustin in the same, & in other books. And all the ancient fathers, and learned schoolmen teach uniformly, that nothing but bodily death can loose the band of Marriage consummate ^[3]; nor of unconsummate, but death, or solemn vow in an approved rule of religion.

• 1 Whether the band of marriage could be loosed or no in the old law, among Christians it cannot be dissolved.
• 2 No not for adultery.
• 3 Only before consummation Marriage is dissolved by solemn vow in Religion.