Stealing vs. Murder vs. Adultery

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I don’t understand the concern. What “rules”?
Stealing is always wrong, therefore valid exceptions like those mentioned cannot really be “stealing”. Just as Rau states. Therefore those who meet the necessary criteria when caught in their “exception” are not actually stealing. What is the problem exactly?
Blue - perhaps explain why a sexual act between 2 “irregulars” may in some circumstances deserve to be viewed as other than adultery. [Analogous to why in some circumstances, taking your apples is not theft.] I think this is what you are arguing?
 
I wonder how John the Baptist would have interpreted it.

A perfect item to discuss on the Feast of the Beheading.
JB was black and white on a concrete case.
Here we are talking principles/teaching…which JB left to Jesus, Peter, his successors and, in your day, Pope Francis.
 
Blue - perhaps explain why a sexual act between 2 “irregulars” may in some circumstances deserve to be viewed as other than adultery. [Analogous to why in some circumstances, taking your apples is not theft.] I think this is what you are arguing?
Nothing new really Rau. Just apriori observing that most physical ethical scenarios have “exceptions” if not properly understood 😉 so why not adultery if we are only concentrating on hydraulics with the correct matching part?

Maybe my wife never was owned by another man even though he thought so (but she realised it was never the case despite the Tribuinal). Who gets to say who owns what before God…in the end only God…anything else is a best guess if ownership is disputed by those involved.

With all these cheap Japanese imports its hard to know when we are dealing with genuine originals or not. If they work far better than the original maybe the original wasn’t actually original :eek:.
 
…All that needs to be demonstrated is that there is the same reasonable “moral” (the word you used re theft) doubt over the status of the first marriage to question whether “adultery” is actually in play.

…
Culpable or not the disorder is likely not adultery before God.
Sin is before God, not before man. A tribunal might technically say the couple are not free to marry - but they may be wrong. Tribunal judged technical adultery is not necessarily the sin of adultery if they are in fact mistaken.
OK, though man has no means to perfectly judge the truth about validity. Do your remarks imply AL proposes a move to a 2-tier human judgement process: where the authorities of each are:

Tier 1 (Tribunal) : Judges (with finality) whether a person may marry again in the Catholic Church; Sets a high bar standard of proof.

Tier 2 (Discernment Process): Judges morality of the sexual acts of the D&R, and accordingly:
  • whether they are good (no need to avoid) ie. no adultery;
  • whether they are not good, and the severity / culpability;
  • whether communion is possible.
Only operates where the Bishop allows it. If the Bishop does not allow it, Tier 1 decisions have wider impact. Relies on personal assessment by the Priest;
 
JB was black and white on a concrete case.
Here we are talking principles/teaching…which JB left to Jesus, Peter, his successors and, in your day, Pope Francis.
Actually, in my Day, there have been 7 Popes. Not sure about e_c.
 
I don’t understand the concern. What “rules”?
Stealing is always wrong, therefore valid exceptions like those mentioned cannot really be “stealing”. Just as Rau states. Therefore those who meet the necessary criteria when caught in their “exception” are not actually stealing. What is the problem exactly?
I said the same thing several times, Blue. You don’t seem to be giving my arguments a careful reading.
Yes, it seems reasonable to at first pass treat of the adultery commandment in the same way as the others. I call your objections thus far objectively intellectually immature and lightweight yes. Just as all irregulars are objectively disordered in their actions. So what? Do you feel degraded and humiliated when some aspect of your life or thought is objectively out of order and someone attempts to explain this to you? All adults are disordered and immature in some significant aspect of their lives at any given time. Its normal.
Here you describe adultery as objectively disordered, which it is, though you then say, “So what?” which I don’t understand - is grave matter no big deal? Then you move to a personal investigation of my “life or thought.” So there is no real point made. If you mean to suggest that all sins are proper matter for the application of c. 915 on my account, then you do not understand what I am saying (or the canon as it has been interpreted and applied since time immemorial).
That is not mainstream Catholic explanation so far as I am aware. There is no circumstance where somebody else’s property suddenly becomes exclusively yours. The most that could be said is that in emergency situations the tolerated right of private ownership reverts to possession of the earth’s goods in common as in Eden in the beginning. That is not what you said. You opined that the emergency victim essentially now had private ownership and the other did not. By all means quote me a recent Magisterial source summarising this tradition as opposed to the one I just presented?
I did not say “exclusively yours.” What I have said is precisely the doctrine of the universal destination of goods (which I also happened to have described in another thread a few hours ago on this same subforum). I did NOT say the desperate person has “private ownership and the other did not.” Again, you are not reading my words very carefully. In such cases, the property is common, and since it is common, it is mine and yours - but I ought to be allowed to use it exclusively for this urgent task.
You are over thinking. All that needs to be demonstrated is that there is the same reasonable “moral” (the word you used re theft) doubt over the status of the first marriage to question whether “adultery” is actually in play.
What needs to be demonstrated is that there was no marriage, and the exclusive competent forum, according to the law of the Church which is binding upon all Catholics, is the proper ecclesiastical judge (c. 1401 s. 1, and c. 1671). This law exists for the protection of the rights of both parties with respect to each other and also for the good of souls, both within the bond and outside it. The Church could, for instance, let couples themselves be their own court, as She does with non-Catholics amongst themselves, or let pastors be judges of their parishes… But surely, nobody would be insane enough to suggest that this is a good idea. And so long as there does exist such a process for judgment, put in place by the Church, in a binding way (by the nature of the law itself), Catholics are bound to use that process (and also divorced non-Catholics wishing to enter marriage with a Catholic). You are suggesting a kind of canonical vigilantism where everyone decides for himself or herself whether they are bound to their public perpetual vow to enter a covenantal relationship ordered toward the welfare of the community. This would be massively irresponsible - but certainly possible. And yet, there has been no such legislation. Parties are BOUND to use the courts for such cases - that is why they exist at all.
Catholic priests are not Rabbis, we live in NT times not OT times. The Magisterium clearly interprets the OT Commandment as kill not murder in English translations and the obsession with the Jewish meaning in the OT (or even Rabbis today) are irrelevant unless the Magisterium makes them relevant. They do not do so in the CCC so far as I am aware.
But again, if you can quote me a recent Magisterial document that makes a thing of the old Jewish understanding of killing by all means source that for me.
Yes, we say “kill,” but that does not capture the full meaning of the Hebrew, does it. It does not mean to prohibit state execution for crime, it does not mean do something that results in the death of the person out of self-defense. It means murdering (which would include private execution for crime), and killing through recklessness.
 
You have completely missed my point.
Culpable or not the disorder is likely not adultery before God.
Sin is before God, not before man. A tribunal might technically say the couple are not free to marry - but they may be wrong. Tribunal judged technical adultery is not necessarily the sin of adultery if they are in fact mistaken.
If you think Jesus condemned all technical adultery I think you are somewhat bereft of common sense reason. He was on about something far more substantial than this.
If it is “not adultery before God,” then how could there be culpability at all? Culpability for a good act? Do we really speak that way? And what about this clause “likely”?

Tribunals do not judge the sin of adultery, they judge the validity of the bond. If they say the person is not free to marry, then they really do not, even if their judgment that the prior union was valid is incorrect. There is no person who is competent to overturn such a decision, except the court who may be appealed to. Again, why bother having a court if one can just decide against it? OF COURSE a person might disagree with a tribunals decision - it happens all the time! And maybe the tribunal is wrong. But are we really free to contradict the Church on this point? Never. It implies a person raises himself or herself above the duly appointed court of God’s Church. Think again of the bank owner who thinks the judge got it wrong - can he imprison the robber in the basement? NO. God sees the injustice, and God will address it. God sees the truth of the validity or invalidity - and the one who must pay in these cases is the one who makes the wrong call in the court. Recall, too, that sometimes a wrong decision works in favor of a new union… In this case, even though there really was a valid marriage, the court, which is the lawful representative of the Church, provides permission to marry. I don’t see anyone complaining about this… though this too can cause pain. I have seen it in my time in tribunal work. In this case, though God sees that a valid bond remains, the person cannot be held to it, as the authoritative voice has provided a prescription, and thus the person is no longer held to the invisible reality of the truth of the prior bond.

“What God has joined, let no man put asunder.” Until it has been shown by the courts appointed by God’s Church for determining that God has not joined these people in an indissoluble bond (sacramental marriage), a man or woman who freely enters into another sexual relationship presumes to usurp that role and indeed violates this command of Our Lord. And if they contradict the court, it is surely even worse. We are not free to judge our own case - we are interested parties, and often uneducated parties as well. The law gives rights, and those rights must be taken away lawfully, not by the will of one of the parties involved. I return to my example of the man whose bank was robbed… He cannot imprison the robber even though the courts disagree with him. If we must pay taxes to Nero, surely we must use the Church’s own court for arbitrating such a dignified thing as marriage. Otherwise, we fall into those ominous words of the Book of Judges - “There was no king in Israel. Everyone did what was right in his own mind.” If the “bad” partner gets “good” again and comes looking to reconcile, what possible recourse does the putative spouse have to explain himself/herself? “I think we weren’t married.” The Church provides the court to avoid such disastrous conflicts of interest from leading souls into ruin.
I find this a non sequitor.
What exactly are you on about.
Canon 915 is NOT directly or primarily about the state of a person’s soul (i.e. sacrilegious communication), that is what c. 916 is about, and c. 916 can be used to refuse Holy Communion in private but NOT in public. If you did not know this, I invite you to depart from this conversation until such a time as you have actually put in the work to understand these canons’ meaning throughout the history of the Church.
Find it whatever you like, I don’t know why you feel the need to assert your view is the only correct one when the position that I and others air is currently validly held by senior Churchmen including your Pope 🤷.
You are doing the same thing, though you may indeed be right about the Holy Father’s position. But until there is an official and clear authoritative interpretation of c. 915, which must - I can’t believe it needs to be said again - actually include a mention of the canon, things must proceed as they always have, just as Cardinal Muller said. Or, he may simply answer, “In the affirmative,” to the first dubium, which has been proposed in that specific context… And yet he refuses, for whatever reason.
Then you do not accept AL or the even clearer understanding provided by the Arg Bishops. That is your problem not mine and its not re4ally worth arguing further.
Its simply a given and if you cannot argue from here then you aren’t even off the starting blocks and in for many years of denial and intellectual dissonance and misery.
Pretty much like the 4-1=3 Cardinals and Card M.
I do not accept your interpretation as being a good idea nor do I accept it as a clear, authoritative utterance of the Holy Father.

Your persistent mockery of the cardinals who share my position (who are undoubtedly accompanied by many more who are in a more vulnerable position and therefore do not speak as publicly) shows that you do not actually care about deference to authority unless it is convenient for your pre-formed opinion.

If you decide to respond, Blue, please stop the empty rhetoric… The name-calling, the mockery, the accusations… It does nobody any good.
 
Nothing new really Rau. Just apriori observing that most physical ethical scenarios have “exceptions” if not properly understood 😉 so why not adultery if we are only concentrating on hydraulics with the correct matching part?

Maybe my wife never was owned by another man even though he thought so (but she realised it was never the case despite the Tribuinal). Who gets to say who owns what before God…in the end only God…anything else is a best guess if ownership is disputed by those involved.

With all these cheap Japanese imports its hard to know when we are dealing with genuine originals or not. If they work far better than the original maybe the original wasn’t actually original :eek:.
So there is indeed a personal situation you have which is relevant to this, if I understand what you are saying…

I encourage you to seek the appropriate canonical counsel. It could very likely be resolved.

I will not be engaging you further on this thread.

Peace to you, Blue…
-e_c
 
…It (“Thou shall not kill”) means murdering (which would include private execution for crime), and killing through recklessness.
That’s exactly my understanding. Murder is somewhat too narrow and kill too broad. There is no single word in English (nor I’d suggest in many other modern languages) capturing the same scope.
 
Then why is it not mentioned in AL?

Honestly, I will not even entertain the notion that Amoris is “clear” on this point. If it was, there would not be radically different interpretations from country to country, diocese to diocese, parish to parish. Indeed, it has a studied ambiguity.
Why is it not mentioned in the dubia?

There never was an in-depth, perennially accepted interpretation of canon 915 and it’s predecessor. That, I believe, is why Pope Francis has been so easy with AL thus far. But at the same time, he is giving a more authoritative interpretation of canon 915, among others I suppose, and other Magesterial documents like FC.
 
Why is it not mentioned in the dubia?

There never was a perennially accepted interpretation of canon 915 and it’s predecessor. That, I believe, is why Pope Francis has been so easy with AL thus far. But at the same time, he is giving a more authoritative interpretation of canon 915, among others I suppose, and other Magesterial documents like FC.
See all the references in the first dubium:
  1. It is asked whether, following the affirmations of “Amoris Laetitia” (nn. 300-305), it has now become possible to grant absolution in the Sacrament of Penance and thus to admit to Holy Communion a person who, while bound by a valid marital bond, lives together with a different person “more uxorio” (in a marital way) without fulfilling the conditions provided for by “Familiaris Consortio” n. 84 and subsequently reaffirmed by “Reconciliatio et Paenitentia” n. 34 and “Sacramentum Caritatis” n. 29. Can the expression “in certain cases” found in note 351 (n. 305) of the exhortation “Amoris Laetitia” be applied to divorced persons who are in a new union and who continue to live “more uxorio”?
The documents alluded to provide for the appropriate context with respect to the canon.
 
…Maybe my wife never was owned by another man even though he thought so (but she realised it was never the case despite the Tribuinal). Who gets to say who owns what before God…in the end only God…anything else is a best guess if ownership is disputed by those involved.
So, you are saying that:

Just as taking someone else’s physical goods can be feeding the starving (good) not theft (bad);

Marrying another can be…well…marriage (good) not adultery (bad) because one was not already married contrary to outward signs.

So on this theory, no question of culpability of the D&R ought to arise, since no wrong-doing (other than disobedience to Church law - marrying / marrying outside the Church) arises.

We incur this special complication in the marriage context because it is a Sacrament and as such is administered by the Church which judges validity, but the Church takes no role in judging questionable thefts or killings - they are purely civilly addressed.

BUT THEN I read in the Ab Fernandez article: “He said Pope Francis has resisted proposals of progressive moral theologians to drop altogether a distinction between objective sin and subjective guilt, and has maintained that sexual relations by divorced people in a new union always “constitute an objective situation of habitual grave sin,” even if culpability might not exist in a subjective sense in some cases.”

So this seems to undermine the idea that it is material whether or not the original marriage is valid, though of course the person’s beliefs on the matter might factor into culpability. It is simply therefore a matter of judging culpability.

If that’s the case, then the section of AL (which I can’t find just now) that says something to the effect that God may be demanding the continued relationship (I assume including the sexual element?) does not make sense. It would make sense I think if the pair were committed to abstain. I need to find that AL reference.
 
If that’s the case, then the section of AL (which I can’t find just now) that says something to the effect that God may be demanding the continued relationship (I assume including the sexual element?) does not make sense. It would make sense I think if the pair were committed to abstain. I need to find that AL reference.
It’s paragraph 303:
  1. Recognizing the influence of such concrete
    factors, we can add that individual conscience
    needs to be better incorporated into the
    Church’s praxis in certain situations which do
    not objectively embody our understanding of
    marriage. Naturally, every effort should be made
    to encourage the development of an enlightened
    conscience, formed and guided by the responsible
    and serious discernment of one’s pastor, and
    to encourage an ever greater trust in God’s grace.
    Yet conscience can do more than recognize that
    a given situation does not correspond objectively
    to the overall demands of the Gospel. It can
    also recognize with sincerity and honesty what
    for now is the most generous response which
    can be given to God, and come to see with a certain
    moral security that it is what God himself
    is asking amid the concrete complexity of one’s
    limits, while yet not fully the objective ideal. In
    any event, let us recall that this discernment is
    dynamic; it must remain ever open to new stages
    of growth and to new decisions which can enable
    the ideal to be more fully realized.
This could easily be read as a contradiction of Trent on Justification:
CANON XVIII.-If any one saith, that the commandments of God are, even for one that is justified and constituted in grace, impossible to keep; let him be anathema.
 
Also, regarding the “most generous response,” I will ask again why a similar case could not be made for an abortionist who has no other means of employment and needs to feed his family? Is it conceivable God wants him to continue in such a state? Is the 5th Commandment impossible for him, simply because it is difficult to follow and tempting not to follow? Certainly not.

By the way, lest we further detach ourselves from the law the Church in Her authority has laid down and run headlong into the labyrinth to kill the “Amoris Minotaur” without that string, here are some other relevant canons which proscribe second marriages without death or declared nullity:

Can. 1060 Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven.

Can. 1085 §1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage.

§2. Even if the prior marriage is invalid or dissolved for any reason, it is not on that account permitted to contract another before the nullity or dissolution of the prior marriage is established legitimately and certainly.

There is much more to talk about - with the Fernandez Document, with Amoris, and with even more subtle issues regarding culpability for the sin of adultery, and also another special kind of relevant case… I have said numerous times I would be interested in a thread on petitioners without witnesses (of special interest as well are the so-called “conflict marriages” these kinds of cases regard). But all the fundamental points must be clear before diving into the more complex issues. I will not start another thread to address these things (someone else will have to, if they are interested), and I will only continue to contribute to this thread to clarify anything I have already said.
 
…To blandly say the “exceptions” for killing and apropriation of anothers goods in desperate situations can for vague ideological reasons never never apply to one commandment in particular is thought bereft of logic or intelligence. It must be considered as theoretically possible because it does make much analogous sense with the other exceptions we all intuitively accept.
I think this falls short Blue. With killing and stealing, I can consider the circumstances and say - my/your life is imminently in danger. And in so doing, decide to act (killing or taking the food I need) and with some justification borne out of the exigency of the situation.

Is it really that similar when it comes to the process of marriage after divorce? I think that really is a stretch. Does the (presumed) woman say - “our lives are in grave danger, so I need to enter this sexual relationship with this kind man” (= “marriage”)? OR is it more likely that love and happiness and an improved future are found and they are grasped with both hands, perhaps believing it is right (or perhaps without much thought) though likely knowing the teaching of the Church.

It would seem AL is coming at this from purely an "after the event " perspective, accepting that it was wrong to marry again and wrong to be having sex, but arguing that the personal sinfulness is less, and that communion is possible (ie. a modified application of the general discipline may be in order). I cannot however see that it could really be arguing that it is right and proper to sin. There are multiple references to “the ideal” and consequently presume that should remain the goal with no clearance to “settle in” as you are.

If the above interpretation is right, then the first bullet point I listed in the earlier post #24 (suggesting a priest could find those sexual acts good) can be removed. It is not within the priest’s scope to make that judgement, and the diminution of the authority of the Tribunal need not be inferred. An altogether more coherent situation I think.
 
…I will only continue to contribute to this thread to clarify anything I have already said.
I hope that’s not precisely what you mean. Perhaps some poster will say something you think worth a response? Worth augmenting, confirming or disputing? 🙂
 
A Bishop discussing an interpretation of “discernment” as arising in AL.
youtube.com/watch?v=zSnAP5BUQ9Q&app=desktop

He is clear that discernment is being understood - at least by some - to include “discerning if the sex in a D&R situation is OK”.

I don’t think it is clear that AL itself advocates that one should discern whether or not it is “OK” to continue having sex in a D&R situation - though clearly many are concerned that this could be inferred. Clearly AL does not rule it out either, and the Pope has not subsequently ruled it out.

The Argentinian Bishops say in their guidelines that it may arise that for a particular couple, continence/or commitment to continence is “not feasible”. It doesn’t say or draw a conclusion that in this case, the sex is “good”. It just appeals to a question of reduced culpability, with the result that communion might be possible, with the benefit that the person continues “maturing and growing with the aid of grace”. I have to believe this means growth toward the ideal.
 
I hope that’s not precisely what you mean. Perhaps some poster will say something you think worth a response? Worth augmenting, confirming or disputing? 🙂
Let me clarify the point… I don’t think I will do so! 🙂 But maybe. It is not that I have covered “everything,” but I think I have pretty well covered all the bases on the issues which I have mentioned: the conflation of the 5th and 7th Commandment “exceptions” with a possible “exception” for adultery, the possibility and nature of diminished culpability of sexual sins (though I failed to discuss the scope in a meaningful way - I think the “mitigating factors” claim is overextended, as it is usually merely a matter of attachment and temptation rather than any real mitigating factor such as acute fear or some other inhibiting rise of the passions which renders one truly unable to make a free and knowing choice), the role and importance of ecclesiastical judges, the meaning of some of the main canons involved, and the imprudence of tampering with any of this as it has stood in practically every point since time immemorial… “Do not move an ancient boundary stone.”

I just don’t want to continue to go over the same argument over and over. It is just not necessary - simply read through the previous exchanges, and that should present the argument well enough.

But since I’m posting, let me add two final comments…

We should not see the tribunal as an obstacle to overcome or subvert, no more than we should do so with sacramental confession - we should see it as a tool for authentic discernment of the truth, in the pursuit not merely of our perceived goods, but in pursuit of conforming ourselves to the truth under the best possible judgment of it. After all, we are weak and fallible people, and our selfish wills and corrupted minds are especially at a disadvantage to judge our own cases in these matters, let alone the lack of education in relevant ecclesiastical and Divine law.

Baptism heals and elevates us to a state where we can contract marriage in a sacramental way - where there is no possibility of dissolution except for death - and thus the “hard heartedness” which warranted Moses’ legal toleration of the evil of divorce and remarriage has dissipated. (And here one can see the logic of the Pauline and Petrine privileges.) We must each pick up our cross and carry it, whatever that cross may be… We can always carry the cross Our Lord gives us - either because we already have the grace to follow the Commandments (as Trent teaches,) or because the grace is being freely offered to us.
 
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