Summa in a Year Day 291: Bill of Divorce
Feb 3, 2026
A discussion of when divorce might be allowed within natural and divine law. Examination of Mosaic law’s treatment of divorce and rules about remarriage. Exploration of medieval categories of illegitimacy and the social and legal effects on children. Review of six recognized ways an illegitimate son could be legitimized.
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Marriage Indissoluble By Natural Law
- St. Thomas argues marriage's indissolubility follows natural law because parents' responsibility to offspring endures for life.
- Therefore natural law directs spouses to remain together forever for the common good of their children.
Divine Dispensation Can Alter Secondary Ends
- Aquinas allows that divine dispensation can relax secondary ends of marriage to serve primary ends like procreation.
- God could permit putting away a wife if it better secures the primary natural purpose of marriage.
Moses' Divorce Law As Permitted Concession
- Aquinas treats Moses' allowance of divorce as either a tolerated concession or a necessary corrective to prevent greater evil.
- He leans toward divine permission as the reason Moses permitted the bill of divorce.
