CHRISTIAN MARRIAGE - AN APPRAISAL
PLAN
1. Introduction.
2. Definition of Marriage.
3. History of Marriages as a Sacrament.
4. a) Christian Marriage as a Covenant.
b) Christian Marriage as a Divine constitution.
c) Christian Marriage as a Call to Discipleship.
d) Christian Marriage as a Sacrament.
e) Christian Marriage as Monogamy.
5. Terminology.
6. a) Impediments.
b)Dispensation from Impediments
7. Preparation for Marriage.
8. Dissolubility of Marriage.
9. Pauline Privilege.
10. The Right to Annulment.
11. Other Points.
12. Conclusion.
Note: - The word 'Christian' in this appraisal means 'catholic’ only.
CHAPTER I
INTRODUCTION
Marriage has been one of the oldest social institutions. It plays a crucial role in society. Its preeminent status from tribal community to most advanced communities establishes that humankind has evolved it as one of the precious institutions.
Marriage has assumed primary importunes, since it leads to the formation of a family which has been the only basic unit in Sociology, Politics, Economics and Culture. Marriage is an institution that establishes new bonds and strengthens the existing bonds. It has been understood differently in different contexts.
While in the western developed countries, marriage as an institution has lost its pre-eminent status and sanctity, in Oriental and developing countries it has remained intact and retains its sanctity. Marriage as a ritual has also undergone lot of changes. The Industrial Revolution has had its own impact on marriage and family. Further the industrial development has left undeletable impact on marriage and family. Thus in western countries marriage has lost all its charm and appeal. Couples decide to live together without formal marriage. The decline of marriage as an institution was also due to the beginning and spread of Feminist Movements and Women Liberation movements.
Feminists have time and again questioned the concept of marriage and family, since both establishes and consolidates Patriarchy and Hegemony of man and womankind. While some of the radical feminists reject the very idea of marriage and family altogether, some moderate women movements yearn some radical changes in the family structure itself, without which the family as an institution cannot survive long.
The Marxists see the institution of marriage and family as a mere social contract devoid of any holiness. Though the Marxists view family as a basic unit of social, political and economic spheres, they are perhaps the foremost thinkers who found out the strong links that the family has with The Private Property and State. The pioneering study in this angle is Frederic Engel’s - •THE ORIGIN OF FAMILY, PRIVATE PROPERTY AND THE STATE". Lewis H.Morgan's 'ANCIENT SOCIETY' was an earnest attempt to study the institution of family in the socio-economic-political contexts. F.Engels went on to describe the family in the capitalist society is consisting of the father - owner, the mother- the worker and thus the children born out of this wedlock are illegal children. Karl Marx and Frederick Engels have criticized the false notions of marriage and family by the bourgeois Ideologues. However the Marxists recognize the family is the primary cell of socialist society that is marked by a community of goals and strivings'. The advantages of man, physical strength and stronger will must be used not to humiliate and enslave a woman but to elevate, help, support and to protect the woman and even make sacrifices for her. Marx wrote 'In this
Relationship (marriage and Family) therefore, is sensuously manifested reduced to an observable fact, the extent to which the human essence has become nature to man, or to which nature to him has become the human essence of man. From this relationship one can therefore judge man’s whole level of development” [1] (Economic and PHILOSOPHIC MANUSCRIPTS OF 1844, Page 96).
Definition of marriage:
Marriage comes from the word 'matrimonium' which means 'munus matris' i.e. the office of Mother. Indeed in marriage the burden of procreation weighs heavily on the mother rather than on the father. Besides the mother is always certain. The Latin word, 'matrimonium' may also mean 'muniens matrem' i.e. protection of the mother. Marriage may also be called 'consortium' (the same lot) or 'coniugium' (the same yoke) or 'nuptiae'(coming from 'nubre' which means to cover, the word being used from the custom of bride using the veil) (Pastoral Guide: page 439).
History of marriage as A SACRAMENT
The church today organizes marriage as one of the seven sacraments. However, the church has always decaf red marriage as a 'primordial sacrament' meaning that it existed from the very beginning.[2] (Contemporary Perspective on Christian Marriage – ed Msgr, Richard Hal one and John R. Conney S.J., page 14)
Old Testament compares the marital union as a figure of covenant between the Lord Yahweh and the people of Israel, (Cf Hos: 2. Jer: 3: 6-13, Ez. 16, 23, Is.54.) Old Testament emphasizes that marriage is divinely established 'pre-existed' institution. Sociology defines 'institution' as a stable social entity which aims to bring together and organize individuals into a whole.
Since the chosen tribe of the Lord Yahweh lived as a community, marriage was recognized as one of the holiest institutions. Very often the bond between the man and wife was expressed as a link between the God and the people of Israel. The word 'covenant' is used often to denote the matrimonial faithfulness.
Israel was a monogamous society though polygamy was exception. In such a monogamous society, the rules regarding marriage have been very strict; incest was prohibited to protect the family by regulating sexual relations with close relatives in the restrictive sense of the word. (Lv 18:6-23, 20: 10-21). Nevertheless the provisions for the divorce did exist. (Dt 24:1-4).
In the 12th century, the council of Trent defined the sacra mentality of marriage.[3] (Contemporary Perspective in Christian Marriage -pg. 17) Followed closely was the Papal encyclical ‘CASTI CONN UBII’ by his holiness Pope Pius xi. Perhaps that was the first time the roman church had officially declared the ‘holiness’ of marriage. The matrimony was held in esteem by the Roman Church.
That assertion was echoed by great many saints and Popes. St John Chrystosmos called marriage an ‘ecclesia’ a church in miniature[4] (Marriage in Modern World”, pg 62,143).St. Augustine compared the role of the father in the family to that of the bishop in the church. (ibid).
Christian marriage as a Covenant;
Christian marriage is defined as a covenant founded upon pre existent and permanent structures which constitute the difference between man and woman since marriage itself is to be an institution of the creator himself.[5] (Contemporary Perspective in Christian Marriage -pg. 6)
The church is very careful to avoid the word 'contract’. The word is derived from the Latin word 'contrahere' which means 'to draw together, to restrict, to diminish, and to limit'. Contract deals with things: they engage the services of the people and are usually made for a stipulated period of time. Instead the word ’covenant' comes from word 'fidere' which means to trust, to have faith in, to entrust oneself to another. It is a relationship of mutual trust and fidelity. Hence to speak of a covenant of fidelity is redundant.[6] (Christian Marriage: Contract or Covenant – in theological studies’, Dec 1972, pg 617-619) Covenant deals with people.
Covenant signifies Partnership, Communion and Love. the second Vatican council teaches it very clearly when it says “the intimate partnership of married life and love has been established by the creator and qualified by his love. It is rooted in the conjugal covenant or irrevocable personal consent. Hence by that human act whereby spouses mutually bestow and accept each other, a relationship arise which by divine ell and in the eyes of the society too a lasting one. For the good of the spouses and their offspring as well as of the society, the existence of this sacred bond no longer depends on human decisions alone”.
Marriage is a covenant of love. Love and friendship in marriage is not modern discovery. One finds it in the earliest pages of the Bible. Eve was created as Adam's companion (friend). The love is expressed in Christian marriage in the words 'I take you as my spouse, I promise to be true in good times and in bad , in sickness and in health I love you and honour you all the days of my life'[7](The Roman Ritual: Rite
Of marriage - Footnote No 10 in Pastoral Guide Pg 442). The matrimonial love is the gift of oneself to the other partner; it is so intimate and noble, so loyal and trusting, that on the one hand it claims everything, while on the other hand it excludes everything.[8] - (Footnote No 12 in Pastoral Guide Pg 443.)
Christian Marriage - a divine Institution Marriage is divinely instituted. * So God created man in his own image, in the image of God He created him: male and female He created them * (Gen.1.27.). The Old Testament has numerous to the divinity of marriage. The New Testament offers no complete treatise on marriage particularly as an institution [9] (Contemporary Perspective on Christian Marriage -Pg 47)
Christian Marriage - a Call to discipleship Christian marriage is distinct from other forms of human marriage in so far as it is Christian, ft has been demonstrated that the Moaning of being Christian according to Hew Testament involves discipleship, growth in an ability to love as Jesus did and living within a community with other Christians who stand likewise within a process of growth in faith »and love.[10]{Partnership in service - Toward a biblical theology of Christian Marriage Pg 25) Christian marriage is one way of living as disciples of Jesus. Marriage is authentically Christian only when it is based on God's will of two persons to enter into a covenant relationship of marriage with each other and in their common Lord.
Jesus called men and women married and single to discipleship.[11] (cf. Women and Ministry In New Testament- Elizabeth Tetlow)
Christian Marriage - a Sacrament;
A sacrament has traditionally been defined in Christian Theology as a 'SIGN' which affects the 'GRACE' it signifies. It signifies the 'GRACE' and 'LOVE' which are offered in the sacramental encounter. Furthermore it signifies 'FAITH' both that of the individual and that of the whole community of the church.[12] (Partnership in Service — Pg 164)
In Judeo - Christian tradition marriage is a sign of God's saving life since it has been revealed from the moment of creation to be reflection of the rage of God and a sign of God's covenant relationship with human persons.
Christian Marriages — Monogamy
Monogamy has been the normal practice among almost all people. It has always been recognized to a greater or less degree- as the nor9. The theory of original promiscuity i.e. the supposition that at the dawn of humankind no sort of marriage tie was known y is nowadays regarded by all scientists as a simple fairy tale. all available traces point unanimously to monogamy at the dawn of the history of humankind.[13] (Christian Sociology Pg 33:55)
Pope John Paul II in the homily during the Eucharistic celebration at Kinshasa, Zaire, on 3rd May, 1980 said “This pilgrimage to the sources (first pages of the Bible) also reveals to us the initial couple, in God’s plan is MONOGAMOUS. This is again surprising for civilization – at the time when the Bible narratives take shape – is generally far from this cultural model. This monogamy, which is not of Western but Semitic origin, appears as the expression of the interpersonal relationship, the one in which each of the partners is recognized by the other in an equal value and in the totality of His person. This monogamous and personalistic conception of the human couple is an absolutely original revelation, which bears the mark of god, and which deserves to be studied more and more deeply” (Pastoral Guide pg 447).
If marriage promiscuity had been practiced at he beginning of humankind, it would have died out long ago before the stage of polygamy and monogamy could have reached: for promiscuity leads to sterility o woman. Most primitives lived in monogamy and the other marriage forms were exceptions and moreover strictly regulated.[14] (Christian Sociology - Pg 52-53).
Polygamy was on the whole more common among Semitic races than among the Arians. It was more frequent among the Jews, the Egyptians and Medes than among the uncivilized races, although many of them were free from it. (Christian Sociology – pg 56 see foot note No 28 and 29 of Pastoral Guide pg 447).
Pope John Paul II in his address to the bishops of Kenya on 7th May, 1980 said: ”It is the divine law proclaimed by Christ that gives rise to the Christian ideal of monogamous marriage, which in turn is the basis for the Christian family( pastoral Guide pg 449). Again in his Apostolic Exhortations “FAMILIARIES CONSORTIO” of 22dn Nov, 1981 he writes, “This (polygamy) in fact directly negates the Plan of God which was revealed fro the beginning because it is contrary to the equal personal dignity of men and women who, in matrimony, give themselves with a love that is total and therefore unique and exclusive [15] (Pastoral Guide- pg 449).
We find numerous references to polygamy in the Old Testament. When God undertook to educate His people by giving them His law the institution of marriage was o longer at the level of the primitive ideal. The ideal of fecundity and the concern to have a powerful family caused the desire for very many children. This naturally led to the practice of polygamy.
Without the full light of the Revelation of the New Testament, it is very difficult to arrive at the idea that polygamy was opposed to natural law. During the time of Jesus, monogamy was general among the Jews so that Jesus could direct his energies mainly to fight against divorce. In the Greco-Roman world into which Christianity was born, monogamy was the universal norm.
TERMINOLOGY
Valid Marriage: The marriage that produces be conjugal bond in
Valid marriage
Putative marriage:
An invalid mart age is said to be putative if It has been celebrated in good faith by at least by one party. It ceases to be so when both the parties became certain of its nullity. In case of Catholics, good faith is possible only if they go through the canonical form even the extraordinary form of marriage. Even the invalid marriage of those who are not bound to observe the canonical form can be described as putative marriages provided the consent is expressed in some legitimate or recognized form and of course provided at least one of the parties thinks the marriage is valid.
Attempted marriage: It is an invalid marriage contracted by a Couple who are fully aware of its invalidity.
Marriage consents:
A marriage is brought into being by the lawfully manifested consent of the persons who are legally capable. This consent cannot be supplied by any human power. Matrimonial consent is an act of will by which a man and woman by the irrevocable covenant actually give and accept one another for the purpose of establishing marriage. (Canon Law 1057)
Concubinages:
It is maintenance of sexual relationship between man and women on a more or less durable basis without the intention of entering into the matrimonial union. On the one hand concubinage is not merely repeated acts of fornication or adultery. For in concubinage the man retains the women with him in his house or elsewhere. There is a semi permanent sexual relationship between the two. On the other hand concubinage cannot even be considered as an invalid marriage. For in invalid marriage th9 couple have the intention of entering into the matrimonial union. In invalid marriage there is atleast the appearance of marriage.
Ratified Marriages:
A valid marriage between baptized persons is said to be merely ratified if it is not consummated (C.1061 sl). As soon as both the partners of a valid marriage receive baptism their marriage becomes a ratified marriage only, even if they bad consummated their marriage before baptism.
Ratified and Consummated Marriage:
Marriage is said to be ratified and consummated if the spouses have in a human manner engaged together in conjugal act in itself apt for the generation of offspring. To this act marriage is by its nature ordered and by it the spouses become one flesh. Consummation is considered to have occurred only if there is the penetration of the penis into the vagina and the deposit there of the sperm. (The Sacred Canons- Abbo John and Hannan Jerome d, pg 168)
IMPEDIMENTS
1. The Impediment of Age
A man cannot validly enter into marriage before the completion of sixteen years of age and nor a woman before the completion of her fourteenth year. However the Episcopal conference (The Catholic Bishop’s conference of each country, for India it is Catholic Bishop's Conference of India) may establish higher age for the lawful celebration of marriage. According to Indian Civil Law the age is 21 and 18 for men and women respectively.(The Child marriage Restraint (Amendment ) Act 1978.)
The Impediment of Impotence
Antecedent and perpetual impotence to have sexual intercourse whether on the part of the man or on that of the woman, whether absolute or relative, by its very nature invalidates marriage (Canon Law 1084)
Impediment of Bond
A person by the bond of previous marriage, even if not consummated, invalidly attempts marriage. Canon Law 1085,
Impediment of Disparity of Cult
In order to favor the practice of faith Catholics, the church even breaks a legitimate bond of marriage. 'A marriage is invalid when one of the two persons was baptized in the catholic church or received into it and has not by a formal act defected from it, and the other was not baptized. Canon Law 1086 The formal act means the intention and execution of joining another church and if that if that church has some clearly defined method of enrolling new members, the defection is clear.
The Impediments of Holy Order.
Those who are in sacred orders invalidly attempt marriage (Canon Law 1087). In the long history of the church the Holy See has never given dispensation from this expedient for Bishops. For priests the Holy See gives for the gravest reasons, but they are forbidden to exercise the sacred ministry.
The Impediment of Public Perpetual Vow.
* Those who are bound by public perpetual vow of a religious institute invariably attempts marriage (chastity in Canon Law 1088)
9
The Impediment of Abduction
'No marriage can exist between a man and a woman who has been abducted or atleast detained with a view to contracting a marriage with her unless the woman, after she has been separated from her abductors and established in a safe and free place, chooses marriage of her own accord.' (Canon Law 1009}
The Impediment of Consanguinity
Consanguinity is the moral bond existing between persons carnally descended in proximity degrees from a common ancestor.
PETER
MARK
EDWIN
ANNA
JOHN
BRIDGET
CATHERINE
ALPHONSE
PHILIP
ABRAHAM
ANDREW
XAVIER
ROBERT
CECILY
FATIMA
MONICA
JOSEPH
SIMON
THERESA
LUCY
MARGARET
MATHEW
LILY
MARY
Consanguinity CHART
PETER
EDITH ANNA
JOHN
ALPHONSE PHILLIP
BRIDGET
HARK
^
ABRAHAM ANDREW XAVIER ROBERT
^ [
JOSEPH SIMON THERESA
MATHEW
{
LILY
CECILY
LUCY
MARY
CATHERINE
FAT I HA MONICA
MARGARET
Robert is related to Lily in the direct line, second degree
* ' Cecily in the collateral Sine. second degree
* * Lucy in the collateral line, third degree
* • Fatima In the collateral line. forth degree
" * Monica in the collateral line, sixth degree
* " Margaret in the collateral line, fifth degree
Consanguinity may be legitimate or illegitimate according
as casual generation was legitimate or natural (illegitimate)
The Impediment of Affinity
Affinity is a relation between two persons one of whom is joined by a valid marriage, to a blood relative of the other. Affinity in any degree of the» direct link invalidates marriage. [Cannon law 1092]
The Impediment of public propriety
The» impediment of public propriety arises when a couple live together after an invalid marriage or from a notorious or public concubinage. It invalidates marriage in the first degree of the direct fine between the man and those related by Consanguinity to the women and vice versa [canon law 1093].
10
Dispensation from the impediments: Laws on matrimony like other ecclesiastical circumstances: The end of the law is the attainment of eternal salvation. But at times in a particular case the observance of the law would render the attainment of salvation very difficult,
Preparation for marriage:
1) Catholics who have not yet received the sacrament of confirmation are to receive it before being admitted to marriage if this can be done without grave inconvenience (Canon Law 1065)
2) The consent of the parents except in case of necessity no one is to assist without the permission of local Ordinary at a marriage of a minor whose parents are either unaware of it or reasonably opposed to it.
3) Confessions before the celebration of marriage: The marriage of two validly baptized Christians is a sacrament of the living. Hence it must be received in the state of grace. Otherwise sacrilege is committed. (Pastoral Guide - Pg 605-613)
4) The form of marriage means solemnities required for its
celebration. (Pastoral Guide Pg 492)
5) After the celebration of marriage the Parish Priest or the
Celebrant of the mass is to record in the Marriage Register the names of the spouses, place and date of celebration of marriage etc.(Canon Law 1121) (Pastoral Guidance Pg 636)
The Dissolubility of Marriages.
The church has no power to dissolve a bond that is ratified and consummated. The church has power to dissolve a marriage that is ratified only. A non- consummated marriage between baptized persons can be dissolved by the Roman Pontiff for a just reason at the request of both parties or of either party even if the other is unwilling. (Canon Law 1142) (Pastoral Guide Pg 466)
The Pauline Privilege
The Pauline Privilege may be defined as the right which a non-baptized person who has contracted a marriage with another non-baptized person enjoys upon his(her) reception of baptism to enter into a now marriage provided the non-Christian party departs. This is based on St Paul's preaching (1 Cor. 7s 12-15) and therefore called Pauline Privilege.
The Right to Annulment.
If Error about a person renders a marriage invalid.
1 The error about a quality of a person even though it being the reason for the contract does not render a marriage invalid unless the quality is directly and principally intended [Canon Law 1097].
2) When an existing union is found out to be a true marriage, either because the canonical form was not observed because there existed a deriment impediment etc, various causes of action can be followed according various circumstances.
11
VALIDATION
Leaving the parties as brother and sister
Leaving the parties in good faith or
Declaration of nullity
Validation,
Simple validation means the validation of an invalid marriage with renewal of consent on the part of one or on the part of both the parties. The marriage might have been invalid because of diriment of impediments or because of defect of consent or because of defect of canonical form. Pastoral guide
page 6603.
Retroactive validation
The retroactive validation of an invalid marriage Is its validation without the renewal of consent, granted by the competent authority. It involves a dispensation from an impediment if there is one and from the canonical form of it had not been observed as well as a referral back to the past of the canonical effects [Pastoral Guide page 662].
Leaving the parties to the good faith
Though ecclesial court could pass orders of separation if the parties prefer to be left to good faith, it can be agreed to [Cannon Law 5363
Declaration of nullity
In some cases of invalid marriage a separation followed a declaration of nullity may be the best or the only course. Declaration of nullity is the act by which the competent authority pronounces that marriage is invalid. Then this is certain and when there is no possibility of validation.
Other Points
The institute of marriage must be governed either by the church or by the state. They alone have the right and duty to determine and establish conditions for the valid and celebrations of marriage. Marriage between one baptized and the other non-baptized is not a sacrament. For separation the diocesan marriage tribunal can be approached for separation. The partner who wishes to remain faithful to Christ and Gospel must appraise the request for divorce. He/She is free to receive sacraments if they have been forced for separation. [Pastoral Guide page 672 to 5747.
Conclusion
Though the study of Christian Marriage in this appraisal is very restricted, nevertheless salient features of the Christian marriage have been brought to Sight. It can be seen that the Catholic Church in its concern for humanity, has taken all efforts to preserve marriage with its sanctity and family with its purity. This concern to preserve and retain family as a basic unit of society is not only the bounden duty of the church but also of the state.
The enormous rules and rights of the marriage in Christian tradition are there only for protecting the sacred bond between man and woman. Though industrial development and
affluence have made tremendous impact on marriage as an institution, the church has been unrelentlessly fights to keep the institution in its purity and sanctity.
The relaxation that marriage and family, two great social institutions must be preserved to save the humanity bus dawned upon all the countries including the developed countries. That has been manifested in the United Nations declarations of 1994 as the International Year of family. Hence one can conclude that the church as moral custodian in the west has done Yeoman service in preserving the sanctity and purity of marriage as a social institution,
BIBLIOGRAPHY
1.Elisabeth Meir Tetiou : 'WOMEN AND MINISTRY IN NEW TESTAMENT'
New York. Paulist, 1980
2.Elisabeth Heir Tetiou 'PARTNERSHIP IN SERVICE - TOWARD A
and Louis M Tetiou : BIBLICAL THEOLOGY OF CHRISTIAN
THEOLOGY of CHRISTIAN MARRIAGE'
University Press of America, Maryland
3.Edward J. Gratsch 'PRINCIPLES OF CATHOLIC THEOLOGY"
New York 1981
4.Haring Bernard ' MARRIAGE IN THE MODERN WORLD'
Cork. 1985.
5.Msgr Richard Malone 'CONTEMPORARY PERSPECTIVE IN CHRISTIAN
and John R Conney MARRIAGE' Loyola University Press, Chicago 1984.
6.Marx Karl ‘ECONOMICS AND PHILOSOPHICAL
MANUSCRIPT OF 1844’, Progress Publishers
Moscow 1977.
7. P.Paul F. Palmer 'Christian Marriage Contract or Covenant' (article)
8. Pazhayampallil, PASTORAL GUIDE -MORAL - CANONICAL –
Thomas SDB LITURGICAL VOL II Kristu Jyothi College
Publications Bangalore 1984
9. Victor San Miguel 'CHRISTIAN SOCIOLOGY’ Alwaye 1989
lO.Volkov F.H. (Editor) 'ETHICS' - Progress Publishers Moscow 1989
11. CBCI Commission for Liturgy, The Roman Ritual Rite
of Marriage Bangalore 1970.
[1] Karl Marx: The Economic and PHILOSOPHIC MANUSCRIPTS OF 1844, Page 96).
[2]Ed Msgr, Richard Hal one and John R. Conney S.J., Contemporary Perspective on Christian Marriage –page 14
[3] Contemporary Perspective in Christian Marriage -pg. 17
[4] Marriage in Modern World”, pg 62,143
[5] Contemporary Perspective in Christian Marriage -pg. 6
[6] Christian Marriage: Contract or Covenant – in theological studies’, Dec 1972, pg 617-619
[7] The Roman Ritual: Rite of marriage - Footnote No 10 in Pastoral Guide Pg 442
[8] Footnote No 12 in Pastoral Guide Pg 443
[9] Contemporary Perspective on Christian Marriage -Pg 47
[10] Partnership in service-Toward a biblical theology of Christian Marriage Pg 25
[11] Women and Ministry In Hew Testament- Elizabeth Tetlow
[12] Partnership in Service — Pg 164
[13] Christian Sociology Pg 33s55
[14] ibid 52-53
[15] Pastoral Guide- pg 449
