Pauline privilege

Last updated
St Paul Writing His Epistles by Valentin de Boulogne File"-Saint Paul Writing His Epistles" by Valentin de Boulogne.jpg
St Paul Writing His Epistles by Valentin de Boulogne

The Pauline privilege (Latin : privilegium Paulinum) is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. [1] The Pauline privilege is drawn from the apostle Paul's instructions in the First Epistle to the Corinthians.

Contents

Origin

Scale of justice, canon law.svg
Part of a series on the
Canon law of the
Catholic Church
046CupolaSPietro.jpg Catholicismportal

The Pauline privilege is the allowance by the Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. [1]

1 Corinthians 7:10–15 states:

To the married I give charge, not I but the Lord, that the wife should not separate from her husband (but if she does, let her remain single or else be reconciled to her husband) --and that the husband should not divorce his wife. To the rest I say, not the Lord, that if any brother has a wife who is an unbeliever, and she consents to live with him, he should not divorce her. If any woman has a husband who is an unbeliever, and he consents to live with her, she should not divorce him. For the unbelieving husband is consecrated through his wife, and the unbelieving wife is consecrated through her husband. Otherwise, your children would be unclean, but as it is they are holy. 15 But if the unbelieving partner desires to separate, let it be so; in such a case the brother or sister is not bound. For God has called us to peace." [2]

The first section, "not I but the Lord", roughly matches Jesus' teaching on divorce, found in an antithesis (Matthew 5:32) with parallels in Matthew 19:9, Luke 16:18, and Mark 10:11. The second section, "I say, not the Lord", gives Paul's own teaching on divorce, and was initiated to address a serious pastoral problem in the Church in Corinth where problems apparently developed in marriages between believers and unbelievers. Therefore, in instances where the unbaptized spouse left the newly baptized spouse, Paul allowed the latter to enter into a new marriage. [3]

In the Catholic Church and in some Protestant denominations this is interpreted as allowing the dissolution of a marriage between two non-baptized persons in the case that one (but not both) of the partners seeks baptism and converts to Christianity and the other partner leaves the marriage. Assuming it is established that both spouses were un-baptized at the time of their marriage, and subsequently obtained a civil divorce, should the now baptized party wish to enter into a sacramental marriage, the Pauline Privilege ("in favor of the faith") takes place ipso facto at the time of that marriage. [4]

In the Latin Church, the subject is covered in canons 1143–1147 and can be handled on the diocesan level. [3] For the Eastern Catholic Churches the applicable canons are found in the Code of Canons of the Eastern Churches , canons 854–858. [5]

According to the Catholic Church's canon law, the Pauline privilege does not apply when either of the partners was a Christian at the time of marriage. It differs from annulment because it dissolves a valid natural (but not sacramental) marriage whereas an annulment declares that a marriage was invalid from the beginning. [6]

The related Petrine privilege, which also allows remarriage after divorce, may be invoked if only one of the partners was baptized at the time of the first marriage.

See also

Related Research Articles

Christian views on marriage legally or formally recognized intimate and complementing union of two people as spousal partners in a personal relationship

From the earliest days of the Christian faith, Christians have honored marriage, or holy matrimony, as a divinely blessed, lifelong, monogamous union, between a man and a woman. According to the Episcopal Book of Common Prayer (1979), reflecting the traditional view, "Christian marriage is a solemn and public covenant between a man and a woman in the presence of God," "intended by God for their mutual joy; for the help and comfort given one another in prosperity and adversity; and, when it is God's will, for the procreation of children and their nurture." However, while many Christians might agree with the traditional definition, the terminology and theological views of marriage have varied through time in different countries, and among Christian denominations.

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.

Closed communion

Closed communion is the practice of restricting the serving of the elements of Holy Communion to those who are members in good standing of a particular church, denomination, sect, or congregation. Though the meaning of the term varies slightly in different Christian theological traditions, it generally means that a church or denomination limits participation either to members of their own church, members of their own denomination, or members of some specific class. See also intercommunion.

Marriage in the Catholic Church

Marriage in the Catholic Church, also called matrimony, is the "covenant by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptised." Catholic matrimonial law, based on Roman law regarding its focus on marriage as a free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to the Reformation.

Ne Temere was a decree issued in 1907 by the Roman Catholic Congregation of the Council regulating the canon law of the Church regarding marriage for practising Catholics. It is named for its opening words, which literally mean "lest rashly" in Latin.

Open communion

Open communion is the practice of some Protestant Churches of allowing members and non-members to receive the Eucharist. Many but not all churches that practice open communion require that the person receiving communion be a baptized Christian, and other requirements may apply as well. In Methodism, open communion is referred to as the open table.

Catholic Church Largest Christian church, led by the Bishop of Rome

The Catholic Church, sometimes referred to as the Roman Catholic Church, is the largest Christian church, with approximately 1.3 billion baptised Catholics worldwide as of 2017. As the world's oldest and largest continuously functioning international institution, it has played a prominent role in the history and development of Western civilisation. The church is headed by the Bishop of Rome, known as the pope. Its central administration is the Holy See.

Interfaith marriage, sometimes called a "mixed marriage", is marriage between spouses professing different religions. Although interfaith marriages are most often contracted as civil marriages, in some instances they may be contracted as a religious marriage. This depends on religious doctrine of the two party's religions; some of which prohibit interfaith marriage, but others allow it in limited circumstances.

Unity candle

A unity candle is a candle used in a wedding ceremony to symbolize two people joining in marriage.

A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. Unlike someone in a common-law, statutory, or ceremonial marriage, a putative spouse is not legally married. Instead, a putative spouse believes himself or herself to be married in good faith and is given legal rights as a result of this person's reliance upon this good-faith belief.

Ligamen is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.

In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, is a judgment on the part of an ecclesiastical tribunal determining that a marriage was invalidly contracted or, less frequently, a judgment determining that ordination was invalidly conferred.

The relationship between religion and divorce is complicated and varied. Different religions have different perceptions of divorce. Some religions accept divorce as a fact of life, while others only believe it is right under certain circumstances like adultery. Also, some religions allow remarriage after divorce, and others believe it is inherently wrong. This article attempts to summarize these viewpoints of major world religions and some important traditions regarding divorce in each faith.

Petrine privilege, also known as the privilege of the faith or favour of the faith, is a ground recognised in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptised and a non-baptised person for the sake of the salvation of the soul of someone who is thus enabled to marry in the Church.

An interfaith marriage is defined by most Christian denominations as a marriage between a Christian and a non-Christian, whereas an interdenominational marriage is between members of two different Christian denominations. Denominations may use "interfaith" for both cases, or disagree over whether another group is a Christian denomination or a non-Christian religion. Some denominations forbid interfaith marriage, basing this ban on New Testament verse 2 Corinthians 6:14 and the Old Testament verse Deuteronomy 7:3. The Catholic Church has defined criteria on interfaith marriage recognition and the Eastern Orthodox Church also has rules which are similar in most respects. Some Christian denominations impose restrictions on interdenominational marriages.

Christian views on divorce

Christian views on divorce find their basis both in biblical sources dating to the giving of the law to Moses and political developments in the Christian world long after standardization of the Bible. According to the synoptic Gospels, Jesus emphasized the permanence of marriage, but also its integrity. In the book of Matthew Jesus says "Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so. And I say to you: whoever divorces his wife, except for sexual immorality, and marries another, commits adultery".

Natural marriage is the name given in Catholic canon law to the covenant "by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and is distinguished from a sacramental or Christian marriage, in which the two parties involved are baptized.

Thou shalt not commit adultery part of the Ten Commandments (Exod. 20:14)

"Thou shalt not commit adultery", one of the Ten Commandments, is found in the Book of Exodus of the Hebrew Bible and Old Testament. What constitutes adultery is not plainly defined in this passage of the Bible, and has been the subject of debate within Judaism and Christianity.

Sacraments of the Catholic Church seven visible rituals that Catholics see as signs of Gods presence, consisting of those of initiation (baptism, confirmation, eucharist), of healing (reconciliation, anointing of the sick), and of service (holy orders, matrimony)

There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of the grace of God to all those who receive them with the proper disposition. The sevenfold list of sacraments is often organized into three categories: the sacraments of initiation, consisting of Baptism, Confirmation, and the Eucharist; the sacraments of healing, consisting of Penance and Anointing of the Sick; and the sacraments of service: Holy Orders and Matrimony.

Divorce in Francoist Spain and the democratic transition

Divorce in Francoist Spain and the democratic transition was illegal. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. In 1945, the legislation embodied in his Fuero de los Españoles established that marriage was an indissoluble union. Divorce was still possible in Spain through the Catholic Church as a result of Pauline privilege or petrino. Marriages, primarily for the rich, could also be annulled through ecclesiastical tribunals. The Catholic Church was vigorously opposed divorces, whether on religious or civil grounds.

References

  1. 1 2 "Mannion, M. Francis. "The Pauline Privilege", The Catholic Answer, ''OSV Newsweekly'', January 3, 2014". Osv.com. 2014-01-03. Retrieved 2018-04-05.
  2. (1 Corinthians 7:10–15 RSV)
  3. 1 2 "Gantley, Mark J., "Petrine or Pauline Privilege", EWTN, September 3, 2004". Ewtn.com. Retrieved 2018-04-05.
  4. ""Procedures: Favor of the Faith", Archdiocese of St. Paul and Minneapolis". Archspm.org. Retrieved 2018-04-05.
  5. "Congregation for the Doctrine of the Faith. "Norms on the Preparation of the Process for the Dissolution of the Marriage Bond in Favour of the Faith", April 30, 2001". Vatican.va. Retrieved 2018-04-05.
  6. "Invocation of the Pauline Privilege", Roman Catholic Diocese of Hawaii