T
tee_eff_em
Guest
I apologize that I have had to edit more of my interlocutor’s words than I would like, in order to keep this post to a reasonable length. If I have done any injustice by doing so, it is unintentional.
A
ratum tantum
Were your position correct, there would be no more appropriate place for the canons to refer to “a putative marriage” or to a “marriage-with-no-adjective-so-that-it-might-be-ambiguous”, but it does not. It specifically refers to “a valid marriage”
Finally, let us recall the Catechism:
2352 …
“The deliberate use of the sexual faculty, for whatever reason, outside of marriage is essentially contrary to its purpose.”
…
and
2353 Fornication is carnal union between an unmarried man and an unmarried woman. It is gravely contrary to the dignity of persons and of human sexuality which is naturally ordered to the good of spouses and the generation and education of children. Moreover, it is a grave scandal when there is corruption of the young.
Your position, that *marriage is neither valid nor a sacrament, if it’s not consummated * leads to the absurd conclusion that a couple cannot consummate their union except by a gravely sinful act!
If a ratum tantum union is not a valid marriage, then the parties to it must be an unmarried man and an unmarried woman, carnal union between whom (by which they mean to consummate the ratum tantum marriage) would be the grave act of fornication!
Surely this absurd conclusion cannot be correct!
tee
Indeed we must. First let us recall the position to which I object:We must read the canons very carefully.
I can read the canon no more carefully than this:The marriage is neither valid nor a sacrament, if it’s not consummated. Without the marital act, it’s two people vowing to do something, but never getting started. If they never get started, there is no marriage…
A
Code:
valid marriage between the baptized is called
Were your position correct, there would be no more appropriate place for the canons to refer to “a putative marriage” or to a “marriage-with-no-adjective-so-that-it-might-be-ambiguous”, but it does not. It specifically refers to “a valid marriage”
It is not my assertion that marriage were indissoluble, from the moment that the vows are made. Rather, I assert**Can. 1061 §1. A valid marriage between the baptized is called ratum tantum if it has not been consummated;
it is called ratum et consummatum if the spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh.
§2. After a marriage has been celebrated, if the spouses have lived together consummation is presumed until the contrary is proven.**
Ratum tantum means ratified only. We presume validity, because we presume that it will be consummated and that if it’s not consummated, it would be because of some very legitimate reason.
The most famous case that I can remember of a marriage that was “rantum tantum” was that of Catherine of Arragon and Prince Arthur.
When we read section 2 we see something else under the onion skin.
If a marriage were indissoluble, from the moment that the vows are made, then there is no need examine if it was ever consummated. Validity is assumed.
(and to add: That consummation renders a sacramental (valid, between the baptized) marriage indissoluble).The Church teaches that a valid (and, between the baptized, sacramental) marriage exists even in the absence of consummation.
Carefully reading the canon: Something cannot be dissolved if it does not exist. If a valid marriage does not exist until it is consummated, there is nothing for the Roman Pontiff to dissolve in the above case.Can. 1142 For a just cause, the Roman Pontiff can dissolve a non-consummated marriage between baptized persons or between a baptized party and a non-baptized party at the request of both parties or of one of them, even if the other party is unwilling.
But did we not just carefully read canon 1061, which specifically refers to a valid marriage (which has yet to be consummated)?Observe that it says “non-consummated”. Once it’s consummated, even the Pontiff cannot dissolve it. The marriage bond is sealed in the consummation, provided there is no canonical impediment to the marriage. It’s important to observe that Can 1142 calls it a “non-consummated marriage” not a valid marriage or sacramental marriage. The canon refers to the marriage by what it is not. It makes no assumption of validity. Why not? Because it if were valid just by the vows, would the pope have the authority to dissolve a valid marriage?
Finally, let us recall the Catechism:
2352 …
“The deliberate use of the sexual faculty, for whatever reason, outside of marriage is essentially contrary to its purpose.”
…
and
2353 Fornication is carnal union between an unmarried man and an unmarried woman. It is gravely contrary to the dignity of persons and of human sexuality which is naturally ordered to the good of spouses and the generation and education of children. Moreover, it is a grave scandal when there is corruption of the young.
Your position, that *marriage is neither valid nor a sacrament, if it’s not consummated * leads to the absurd conclusion that a couple cannot consummate their union except by a gravely sinful act!
Surely this absurd conclusion cannot be correct!
tee