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Cases of Marital Nullity Should Be Guided by Truth, Pope Stresses
ZENIT - The World Seen From Rome ^ | Jan 30, 2004 | Zenit

Posted on 02/02/2004 11:51:36 AM PST by Maximilian


Code: ZE04013020

Date: 2004-01-30

Cases of Marital Nullity Should Be Guided by Truth, Pope Stresses

Calls for Renewed Confidence in Reason

VATICAN CITY, JAN. 30, 2004 (Zenit.org).- The tendency to extend declarations of marital nullity while disregarding the objective truth is a distortion of the whole process, John Paul II warned when receiving members of the Roman Rota in audience.

The Catholic Church considers marriage indissoluble for life, but, following a rigorous process, it may establish that at times there are marriages that were never valid for reasons established in canon law. This could include reasons of age, violence or mental incapacity.

The Pope told the judges, officials and lawyers of the Roman Rota, the Church's central appellate court, that theological reference to truth is what should guide all those involved in such a process. The Rota handles cases involving declarations of marital nullity.

Realizing that there is a "more or less open" skepticism "on the human capacity to know the truth on the validity of a marriage," the Holy Father stressed the need of "a renewed confidence in human reason, both in relation to the essential aspects of marriage as well as in that which concerns the particular circumstances of each union."

He said on Thursday that "often, the real problem is not so much the presumption [of the validity of the marriage], but the whole view of marriage itself and, therefore, the process to establish the validity of its celebration. This process is essentially inconceivable outside the horizon of the search for the truth."

"The tendency to extend nullities instrumentally, neglecting the horizon of the objective truth, entails a structural distortion of the whole process: The instruction loses its incisive character as the result is predetermined," the Pope emphasized.

John Paul II added: "An authentically juridical consideration of marriage requires a metaphysical vision of the human person and of the conjugal relationship."

Without it, "the marital institution becomes a simple extrinsic superstructure, the result of the law and of social conditioning, limiting the person in his free fulfillment," he stressed.

The Holy Father concluded: "It is necessary to discover again the truth, goodness and beauty of the marital institution which, being the work of God himself through human nature and of the freedom of the consent of the spouses, continues to be an indissoluble personal reality, bond of justice and love, ever united to the plan of salvation and raised in the fullness of time to the dignity of a Christian sacrament."

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TOPICS: Catholic; Current Events; Ministry/Outreach; Moral Issues; Religion & Culture
KEYWORDS: annulment; marriage; truth
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To: 1stFreedom; Hermann the Cherusker
Dear 1stFreedom,

"I think it's wishful thinking on the part of the priest."

Perhaps. I'll try to see if I can dig up the reference.

I'll betcha Hermann could name it right off the top of his head.


sitetest
41 posted on 02/03/2004 8:53:33 AM PST by sitetest
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To: sitetest
I think one of the problems has to do with divorce given on the grounds of adultery. There is no "adultery" exception for divorce. At first you may think "but scripture says so" -- but further analysis proves that it doesn't:

Most scripture translations seem to give permission for divorce due to adultery, but that's a translation problem.

The Greek work Pornea, found in the scriptures, can be translated as adultery, fornication, and unchastity (incest). More often than not it is translated into "adultery." If there were an adultery exception to divorce in Scripture, then Jesus would be contradicting himself. See this FR post for more info on this issue.

The Church does not recognize divorce and cannot grant a divorce itself.

The Church recognizes that it does not have the power to dissolve a valid, consumated marriage between Christians.

On that note, the Church cannot recognize the Ecclesiastical Divorce of another "sister" {seperated brethren??} Church.

42 posted on 02/03/2004 9:07:16 AM PST by 1stFreedom
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To: sitetest
FYI,

Your posting ettique is quite impressive. :-)

1st
43 posted on 02/03/2004 9:20:59 AM PST by 1stFreedom
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To: 1stFreedom
Dear 1stFreedom,

I understand what you're saying. I'm not asserting a right to divorce in the case of adultery, at least not of myself.

The reference for which I'm even now looking lays down the law of marriage in the Catholic Church, but notes the different practice in the Eastern Churches, and states that the legitimacy of their practice is not to be denied. I'm looking for the reference now.


sitetest
44 posted on 02/03/2004 9:31:08 AM PST by sitetest
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To: 1stFreedom
Thanks, I try.
45 posted on 02/03/2004 9:31:41 AM PST by sitetest
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To: sitetest
>>notes the different practice in the Eastern Churches, and states that the legitimacy of their practice is not to be denied. I'm looking for the reference now.

I know that the Eastern Rites of the Catholic Church do have different practices, and even a different set of canon law. The theology, sacraments, and doctrine of the rites are the same, but calanders, liturgy, etc, are different.

The Eastern Rites, being in full communion with Rome, do not grant divorces either. I belive you may be mixing the Eastern Orthodox up with the Eastern Rites of the Catholic Church.



46 posted on 02/03/2004 9:43:15 AM PST by 1stFreedom
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To: 1stFreedom
Dear 1stFreedom,

No, the point of the reference was the respect shown toward the practices of the ORTHODOX, not of Eastern Catholics.

Like I said, I'll look around for it some more. If I find it, I'll let you know.


sitetest
47 posted on 02/03/2004 9:48:29 AM PST by sitetest
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To: sinkspur
Duress, eh?

Still balderdash.
48 posted on 02/03/2004 11:27:56 AM PST by ninenot (Minister of Membership, TomasTorquemadaGentlemen'sClub)
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To: 1stFreedom; sitetest
I think it's wishful thinking on the part of the priest. The church does not grant divorces, and does not recognized civil divorces in terms of the sacrament.

Speaking on the subject of Eastern Orthodox Marriage legislation, the Second Vatican Council noted:

"These questions are left to theologians to discuss-specifically the question of the power exercised de facto among the separated Eastern Churches, about which there are various explanations." (Lumen Gentium, Nota Previa)

In other words, the Catholic Church recognizes in practice the rulings of the ecclesiastical tribunals of the Orthodox. One can read more about these rulings here:

http://ortodox.webconnect.no/kirkensl%C3%A6re/divorce%20in%20the%20orthodox%20church.htm

49 posted on 02/03/2004 11:40:54 AM PST by Hermann the Cherusker
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To: sitetest
I thought I'd learned that the Western Church does not GRANT Ecclesiastical Divorces, but that the Western Church accepts the VALIDITY of those granted by the Eastern Churches.

Correct. Or more precisely, in the past millenium or so (since the birth of modern Canon Law in the Gregorian period), the Western Church has not granted Ecclesiastical Divorces. One need not look far back in Carolingian and Roman times to find that the Western Church did accept it. For example, the Code of Justinian of AD 528, which permits divorce for adultery and abandonment, was accepted by the Pope (then a citizen of the Roman Empire).

The formulation of Trent is that the Western Church has not erred in teaching as she does on matrimony, not that all who do not practice marital legislation by western standards are wrong. This formulation was due to the intervention of the Patriarch of Venice, who was familiar with the eastern custom.

50 posted on 02/03/2004 11:45:16 AM PST by Hermann the Cherusker
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To: 1stFreedom
I agree. However, it's an invalid anullment.

Yes, but its like an invalid communion. You'd never know, and we believe the Merciful God will grant the grace and righteousness due anyway.

51 posted on 02/03/2004 11:48:01 AM PST by Hermann the Cherusker
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To: Hermann the Cherusker
>>Speaking on the subject of Eastern Orthodox Marriage legislation, the Second Vatican Council noted:

>>In other words, the Catholic Church recognizes in practice the rulings of the ecclesiastical tribunals of the Orthodox. One can read more about these rulings here:

Ok, first let's put this in context of the various rites of the Catholic Church.

The Eastern rite of the Catholic Church governs itself -- it is not governed by the Roman Rite. It has it's own canon laws, separate from the Roman rite. The Bishops are left alone to run their dioceses as they see fit as long as it is in line with the faith and in union with Rome.

The sister churches {seperated brethren} are treated the same -- Rome doesn't expect to govern them. Rome would like them back in communion, but like the Eastern Church, they would be left to govern themselves.

(FYI, The Eastern litrugy has more in common with Eastern orthodoxy than with the Roman Mass.)

Now, cannot be prideful and refuse to recognize the holiness of the other apostolic Churches. The Roman Rite cannot call an Orthodox marriage invalid simply because it's not Roman. It can't say the Orthodox Eucharist is invalid when in fact it is.

The priests of the Orthodox Church do have apostolic lineage. What they bind on earth is also bound in heaven as long as it is in the context of holiness. (No Christian can bind a sin as being good.)

The bishops of the Orthodox Church also have this lineage as well as more authority. The Church recognizes this authority, even though they are out of communion with Rome. In fact, the Church has no choice but to accept it.

In practice, the Church does recognize the authoritative actions of the seperated brethren. However, implicit in this, is the rejection of practices and rulings which run contrary to the deposit of faith.

For example, if the EO church declared that women can be priests, deacons can have many wives, and that abortion is ok, this doesn't mean that the Catholic Church accepts these things as valid.

Ecclesiatical divorce of a consumated marriage is against the deposit of faith and not accepted by the Church. The Church cannot in good faith, accept the validity of an eclesiastical divorce when the Church believes beyond all doubt that marriage is indisoluable in the first place.

So basically, yes, the Church does recognize the authortative acts of other Churches as long as they are in line with the faith.

To say otherwise is to take it all out of context.


52 posted on 02/03/2004 3:00:28 PM PST by 1stFreedom
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To: Hermann the Cherusker
Petrine Privilege: The dissolution of a legitimate marriage between a baptised person and a non-baptised person in favor of the faith to allow the baptised person to remarry.

Does "legitimate marriage" = sacramental marriage? If so, in what official document do you find that the Church endorses it?

53 posted on 02/03/2004 3:02:28 PM PST by findingtruth
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To: Hermann the Cherusker
>> Or more precisely, in the past millenium or so (since the birth of modern Canon Law in the Gregorian period), the Western Church has not granted Ecclesiastical Divorces.

That's about 1000 years too short.

>>One need not look far back in Carolingian and Roman times to find that the Western Church did accept it. For example, the Code of Justinian of AD 528, which permits divorce for adultery and abandonment, was accepted by the Pope (then a citizen of the Roman Empire).

Justinian's code was a CIVIL code, not Church code. At most, this CIVIL divorce was tolerated by the pope. To say that Justinians code was canon law is an extreme stretch on the truth.

The church does recognize divorce in a sense, ie it realizes there is a legal end to the civil marriage. However, the spiritual aspect of a marriage is never ended by divorce -- not under Justinians code nor modern law.

And no, you cannot find any support for Ecclesiastical Divorce in the Roman Church. You'll have to do much better than Justinians Code. Please provide concrete evidence if you have it.

>>The formulation of Trent is that the Western Church has not erred in teaching as she does on matrimony, not that all who do not practice marital legislation by western standards are wrong. This formulation was due to the intervention of the Patriarch of Venice, who was familiar with the eastern custom.

This has nothing to do with the heretical practice of a Church Divorce, something the Catholic Church cannot do itself.
54 posted on 02/03/2004 3:59:41 PM PST by 1stFreedom
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To: Hermann the Cherusker
I said

>>Justinian's code was a CIVIL code, not Church code. At most, this CIVIL divorce was tolerated by the pope. To say that Justinians code was canon law is an extreme stretch on the truth.

After some research, I should have said is:

To say that Justinian's code concernig divorce as being binding on the Church as Church law is an extremete stretch of the truth.

From what I understand, his code is a combination of civil and ecclesial law.

The pope having accepted the civil law back then would be like a pope accepting a civil divorce law today but rejecting the disolving of the marital bond.

Civil divorce and the spiritual bond of marriage are two different things.
55 posted on 02/03/2004 4:12:18 PM PST by 1stFreedom
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To: Aquinasfan
If what you say is true then what's the rub?

The tribunal has the authority to do what it is doing.

I would think that should be the end of the story.
56 posted on 02/03/2004 4:52:28 PM PST by PFKEY
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To: findingtruth
A sacramental marriage is between two baptised persons. The Petrine Privilege concerns a baptised person and non-baptised person. The end result is the dissolution of a legitimate but non-sacramental marriage. The power to do this is inherent in the Papal power of the keys.
57 posted on 02/03/2004 5:52:04 PM PST by Hermann the Cherusker
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To: 1stFreedom; sitetest; Catholicguy
Here's a few items from history in the west on Ecclesiastical Divorce.

"After legitimate consent in the present case it is permitted to the one, even with the other objecting, to chose a monastery, as some saints have been called from marriage, as long as sexual intercourse has not taken place between them. And to the one remaining, if, after being advised, he is unwilling to observe continency, he is permitted to pass over to second vows; because, since they have not been made one flesh, it is quite possible for one to pass over to God, and the other to remain in the world.

"If between the man and the woman legitimate consent ... occurs in the present, so indeed that one expressly receives another by mutual consent with the accustomed words, ... whether and whether and oath is introduced or not, it is not permissible for the woman to marry another. And if she should marry, even if carnal intercourse has taken place, she should be seperated from him, and forced by ecclesiastical order to return to the first, although som think otherwise, and also judgement has been rendered in another way by certain of our predecessors." (Pope Alexander III, "Ex publico instrumento", to the Bishop of Brescia, inter AD 1159-1181, Denzinger 396)

Pope Alexander III admits that Supreme Pontiffs in the past had allowed the dissolution of legitimate sacramental marriages in favor of a second marriage when one spouse had left the other, and the second had remarried, and that even in his own day others thought otherwise. Obviously, the matter is one of dispute at that time. No surprise when you consider previous rulings like this one:

"If anyone in a foreign land should take a slave woman in marriage, and afterwards on returning to his own country should take a free-born woman, and it should again happen that he return to the very country in which he had been before, and that slave woman, whom he previously had, had associated with another man, this person in such circumstances can take another woman, but not while that free-born woman is living whom he had in his own country." (Pope Stephen III, Denzinger, pg. 119, note 1)

The Canons of Elvira are also pretty straightforward. While Canon 8 forbids those "who have left their husbands for no prior cause and have joined themselves with others" from receiving communion even at death, Canon 9 allows the innocent party who has left an adulterer to receive communion "if perchance the necessity of illness urge that it be given", though otherwise they were then excommunicated. The remarriage of the innocent party was frowned upon, but clearly was not considered inherently evil, otherwise they would be disbarred from communion for life. The same position is staked out even more leniently towards the innocent party by Tertullian, Lactantius, St. Epiphanius, St. John Chrysostom, etc.

58 posted on 02/03/2004 6:43:53 PM PST by Hermann the Cherusker
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To: Hermann the Cherusker
Ok, I don't have access to Denzinger so I don't have the full texts of what the Popes said. So I'll do my best to handle the claims you present, however I cannot properly accept or refute your claims.

First and foremost, canon law can be erroneous. Popes are not infallible in a general sense. The infalliblity of a Pope is within certain narrow paramaters.

>>"After legitimate consent in the present case it is permitted to the one, even with the other objecting, to chose a monastery, as some saints have been called from marriage, as long as sexual intercourse has not taken place between them.

This is not Ecclesiastical Divorce. What you miss here is that the marriages has not been consumated and therefore incomplete, not valid.

Also, whan a couple is separated from room and board for abuse or adultery (a "limited divorce" or legal separation), the non-offending party may join a religious order without consent of the offender. The offender can do the same but requires the consent of the offended. But it is not a divorce and neither are free to remarry -- unlike Ecclesiastical Divorce.

>>And if she should marry, ...she should be seperated from him, and forced...return to the first, although som think otherwise, and also judgement has been rendered in another way by certain of our predecessors."

Judgement rendered "in another way" is vague. For example, she might not have been ordered to return to the first but still orded separated from the second. If indeed the judgement of his predecessor was to accept the second marriage, it was wrong to do so and does not give legitimacy to remarriage.

>>Pope Alexander III admits that Supreme Pontiffs in the past had allowed the dissolution of legitimate sacramental marriages in favor of a second marriage

IMO, this sounds like someone's interpretation on what the Pope said. If the Pope actually meant what you say, he obviously thought it was wrong since he refuses to do the same, unlike his predecessors.

>>"If anyone in a foreign land should take a slave woman in marriage, ...circumstances can take another woman, but not while that free-born woman is living whom he had in his own country." (Pope Stephen III, Denzinger, pg. 119, note 1)

Once again without the whole writing, the context is not clear. Was the slave woman forced to marry? If so, then the marriage wasn't valid to begin with.

>>Canon 9 allows the innocent party who has left an adulterer to receive communion "if perchance the necessity of illness urge that it be given", though otherwise they were then excommunicated.

If anything,this only points out it was sinful, but to a lesser extent. The fact that communion was to be denied is proof that the Church REJECTED the second marriage. Allowing communion upon illness may be an act of mercy since death could be approaching and there is a chance for repentace. But it is in no way an acceptance of the second marriage as being valid.

>>The remarriage of the innocent party was frowned upon, but clearly was not considered inherently evil, otherwise they would be disbarred from communion for life.

Actually, I don't get that at all from the passage. Rather what I get is a recognition of the woman being wronged, and pastoral mercy being show if she were to get ill and death be around the corner -- she had a chance to repent. Obviously it was more than frowned upon. (Remember in those days, common illness could kill a person, so any illnes was serious).

There is a recognition in the West, of the injured party. However, unlike Ecclesiastical Divorce, that recognition does not allow remarriage. Why? Because a valid marriage cannot be dissolved.

>>The same position is staked out even more leniently towards the innocent party by Tertullian, Lactantius, St. Epiphanius, St. John Chrysostom, etc.

There is a vast difference between taking a position on this issue and how the the Church treats a second marriage.

Also, one must remember something about the Saints: The Church doesn't accept EVERYTHING they said or claimed. It's not wrong to recognize that a party has been injured. What is wrong is to give them permission to live a sinful life via a second marriage.

59 posted on 02/03/2004 9:55:08 PM PST by 1stFreedom
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To: Hermann the Cherusker
Your post was very challenging.

However, I think the evidence falls short.

Canons and popes may have erred in recognizing a second marriage, but they are the exception and not the rule.

Evidence of the rejection of second marriages is easily found in volume in the writings of the Popes and Saints -- unlike the few writings you cited.

There is a difference between errantly allowing a remarriage on an occassion and the historical practice of rejecting it.

Also, your post seemed to try and equate the recognition of an injured spouse with Ecclesiastical Divorce -- they are not the same.

It also attempts to take [errant] exceptions to the rejection of second marriages and make them seem like all along they were accepted.

Let me point out the larger issues:

(from the OCA website):

>>If, however, a marriage breaks down and collapses, the Orthodox Church does in fact allow a second marriage, without excommunication..

This is in direct conflict with our Saviour on the issue of divorce and remarriage.

>>>that is, exclusion from Holy Communion, if there is repentance and a good chance that the new alliance can be Christian.

Another error is commited here: remarriage isn't a single sin. Every time the couple has sex a new sin is committed. One cannot repent of the remarriage and then be free of adultery if they engage in sexual relations afterwards. Though the adulterous act of remarriage is forgiven, the couple still commits adultery every time they have sex.

The Orthodox Church has erred gravely in allowing a couple to live in a continual state of sin and to [unworthily] recieve the Eucharist in this state. This practice is far beyond any historical claim.

>>More than one marriage in any case, however, is frowned upon.

Jesus did more than frown upon it -- he condemned it.

As far as I understand it, the offended party can marry more than one time. If they keep marrying people who cheat on them, they can marry a few times more (I've heard that it's as much as 3 times, but I am in doubt of that.)





60 posted on 02/03/2004 10:18:50 PM PST by 1stFreedom
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