Affinity (canon law)
Encyclopedia
In Canon law of the Catholic Church
, affinity is a relationship which "arises from a valid marriage
, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man."
Affinity "is so computed that those who are blood relatives of the man are related in the same line and degree by affinity to the woman and vice versa."
Today affinity
does not beget affinity
. Therefore the relatives of the man do not become relatives of the woman's relatives, neither do those of the woman become relatives of the man's relatives.
18 and 20. It gives an exhaustive list of prohibitions, e.g. son's daughter and daughter's daughter, wife's son's daughter and wife's daughter's daughter. Marriage to a brother's widow is prohibited, but not to a deceased wife's sister. Yet a brother is required to marry his brother's widow in case the latter died without issue.
considered the intercourse of marriage to be a bar to marriage only with the kindred in the direct line.
recognizes the impediment of affinity as well as of consanguinity to extend to the seventh degree. This may have arisen from the need of mingling the various barbarian races through marriage, an end that was effected by the extension of prohibitions of marriage between persons related, though it is also clear that the Church used the ability to grant dispensations from the rule as a means of gaining both power and money from the nobility, as most royal marriages, given the limited circle of families involved, breached these limits. Innocent III in the Fourth Council of the Lateran
(1215) limited both affinity and consanguinity to the fourth degree. The Council of Trent (Sess. XXIV, c. iv, De Ref.) limited the juridical effect of the extra-matrimonial intercourse to the second degree of affinity.
Before the Fourth Council of Lateran two other kinds of affinity were recognized as an impediment to marriage. If a man then married a widow, those who were akin to her by the previous marriage were also akin to the present husband. Moreover, if the first husband of the widow had been a widower, the blood relatives of his first wife were akin to the first husband, were also akin to the new wife, and to the last husband.
There was some discussion in the eighteenth century as to whether a stepfather could marry the widow of his deceased stepson; but it was authoritatively decided, as Benedict XIV states (De Syn. Dioec., IX, xii) that there was no impediment to their marriage, it having been done away with by the Fourth Council of Lateran.
The impediment to marriage from affinity arises from ecclesiastical law. This is clearly recognized today by theologians with regard to collateral affinity. The Church grants dispensation in all the degrees of this affinity. In regard to affinity in the direct line, there was a serious discussion whether in the first degree it arose from a natural, Divine, or ecclesiastical law; by what law was a stepfather forbidden to marry his stepdaughter? The Church refrains from granting the dispensation, but does not disclaim the right to do so. Indeed, a decree of the Holy Office (February 20, 1888) implies that this affinity arises from ecclesiastical law: "The Holy Father permits bishops to dispense from all public impediments diriment of marriage derived from the ecclesiastical law, except from the order of the priesthood, and affinity, in the direct line, arising from lawful intercourse." Craisson states (Man. Jur. Canon, Lib. II, De affin., n. 4285) that "Collator Andegavensis" quotes (394) Sanchez and Pontius
as asserting that "the Pope dispenses converted infidels married within this first degree of affinity, if they had contracted marriage in accord with the law of their country." This supposes that this affinity in the first degree of the direct line is not an impediment of the natural or Divine law. An additional argument may be drawn from the dispensation which the Church grants in this case where there has been occult unlawful intercourse. Any repugnance of nature would hold then, as where the intercourse proceeded from marriage.
If a married person should have intercourse with the marriage-partner's blood-relative of the second degree, in the direct or collateral line, a penalty is placed upon the one so sinning of forfeiting the right to ask for marital intercourse from the marriage-partner, though the innocent party does not forfeit the right to claim it. If the wrong had been done through fear, the common teaching is that the penalty is not incurred, and this is also probably so if done without knowledge of the penalty. If incurred, a dispensation from the penalty may be obtained from the bishop. The affinity would become more complicated, and add new bars to marriage, if the person had intercourse with several persons of varying degrees of affinity. By the Roman law, the affinity ceased at the death of the one from whom it originated. Thus when a remarried father died, his second wife was no longer akin to the children of his former wife. By canon law a marriage not consummated does not beget affinity. By a marriage null through a diriment impediment, the affinity probably does not extend beyond the second degree. By the French
code the affinity in the direct line, and in the first degree of the collateral line, is a bar to marriage, though the privilege was given to the king to dispense in the second case.
Can. 109
adheres to the law as laid down in Leviticus, xviii, 8, 14, 16, 18; xx, 11, 12, 14, 19, 21. Yet the Greek patriarchs and bishops grant dispensations from some of the affinities therein mentioned. However, in the Eastern Orthodox Church, marriages of affinity that produce children who are closer genetic relatives than legal are also not permitted (unless the genetic relationship does allow marriage between those children). For example, two siblings may not marry two other siblings because legally their children will be cousins, but genetically they'll be half-siblings. On the other hand, two siblings may marry two cousins.
Nevertheless, sexual relations between in-laws (in particular, snokhachestvo
) were fairly common in Imperial Russia.
The Nestorian Church allows affinity to beget affinity very extensively. The Armenian Apostolic Church
extends the affinity to the fourth degree. The united Oriental Churches approach the Roman Catholic regulations.
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
, affinity is a relationship which "arises from a valid marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man."
Affinity "is so computed that those who are blood relatives of the man are related in the same line and degree by affinity to the woman and vice versa."
Today affinity
Affinity
Affinity is a word used in a variety of fields, usually to indicate some kind of preference, relationship, or a potential or actual closeness between two entities.Articles dealing with various usages of the word: affinity include:-Commerce and law:...
does not beget affinity
Affinity
Affinity is a word used in a variety of fields, usually to indicate some kind of preference, relationship, or a potential or actual closeness between two entities.Articles dealing with various usages of the word: affinity include:-Commerce and law:...
. Therefore the relatives of the man do not become relatives of the woman's relatives, neither do those of the woman become relatives of the man's relatives.
Mosaic law
The regulations of the Mosaic law, based on considerations of relationship, are contained in LeviticusLeviticus
The Book of Leviticus is the third book of the Hebrew Bible, and the third of five books of the Torah ....
18 and 20. It gives an exhaustive list of prohibitions, e.g. son's daughter and daughter's daughter, wife's son's daughter and wife's daughter's daughter. Marriage to a brother's widow is prohibited, but not to a deceased wife's sister. Yet a brother is required to marry his brother's widow in case the latter died without issue.
Roman law
The Roman lawRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
considered the intercourse of marriage to be a bar to marriage only with the kindred in the direct line.
Early Christian law
The Christian emperors extended it to the first degree of collateral affinity. The ecclesiastical law extended the juridical effect also to illicit intercourse. In the Council of Elvira (c. 300), the only recognized prohibition is the marriage of a widower with his deceased wife's sister. The prohibition became slowly more extensive until, in 1059, the eleventh canon of the Council of RomeCouncil of Rome
The Council of Rome was a meeting of Christian Church officials and theologians which took place in 382 under the authority of the bishop of Rome, Damasus I. The previous year, the Emperor Theodosius I had appointed the "dark horse" candidate Nectarius Archbishop of Constantinople...
recognizes the impediment of affinity as well as of consanguinity to extend to the seventh degree. This may have arisen from the need of mingling the various barbarian races through marriage, an end that was effected by the extension of prohibitions of marriage between persons related, though it is also clear that the Church used the ability to grant dispensations from the rule as a means of gaining both power and money from the nobility, as most royal marriages, given the limited circle of families involved, breached these limits. Innocent III in the Fourth Council of the Lateran
Fourth Council of the Lateran
The Fourth Council of the Lateran was convoked by Pope Innocent III with the papal bull of April 19, 1213, and the Council gathered at Rome's Lateran Palace beginning November 11, 1215. Due to the great length of time between the Council's convocation and meeting, many bishops had the opportunity...
(1215) limited both affinity and consanguinity to the fourth degree. The Council of Trent (Sess. XXIV, c. iv, De Ref.) limited the juridical effect of the extra-matrimonial intercourse to the second degree of affinity.
Reasoning
The motive for the impediment of affinity is akin to, though not as strong as, that of consanguinity; there arises from the partners' carnal intercourse a nearness and natural intimacy with the blood-relatives of the other side. The degrees of affinity are determined by the same rule as the degree of blood-relationship.Before the Fourth Council of Lateran two other kinds of affinity were recognized as an impediment to marriage. If a man then married a widow, those who were akin to her by the previous marriage were also akin to the present husband. Moreover, if the first husband of the widow had been a widower, the blood relatives of his first wife were akin to the first husband, were also akin to the new wife, and to the last husband.
Example
We give an example: Titius contracted and consummated marriage with Bertha. The blood-relatives of Bertha were akin to Titius. Bertha dies. Titius contracts and consummates marriage with Sarah. The blood-relatives of Bertha, akin to Titius by the first kind, became akin to Sarah by the second kind of affinity. Titius dies and Sarah contracts and consummates marriage with Robert. The blood-relatives of Bertha, akin by second kind to Sarah, become akin by the third kind of affinity to Robert.Affinity no longer begets affinity
Affinity also, in the ancient law, arose between the children of a woman from a deceased husband and the children of her husband from a previously deceased wife. Hence a father and a son could not marry a mother and a daughter. Affinity begot affinity. But the Fourth Council of Lateran took away all but the first kind of affinity; hence the axiom that "affinity does not beget affinity".There was some discussion in the eighteenth century as to whether a stepfather could marry the widow of his deceased stepson; but it was authoritatively decided, as Benedict XIV states (De Syn. Dioec., IX, xii) that there was no impediment to their marriage, it having been done away with by the Fourth Council of Lateran.
The impediment to marriage from affinity arises from ecclesiastical law. This is clearly recognized today by theologians with regard to collateral affinity. The Church grants dispensation in all the degrees of this affinity. In regard to affinity in the direct line, there was a serious discussion whether in the first degree it arose from a natural, Divine, or ecclesiastical law; by what law was a stepfather forbidden to marry his stepdaughter? The Church refrains from granting the dispensation, but does not disclaim the right to do so. Indeed, a decree of the Holy Office (February 20, 1888) implies that this affinity arises from ecclesiastical law: "The Holy Father permits bishops to dispense from all public impediments diriment of marriage derived from the ecclesiastical law, except from the order of the priesthood, and affinity, in the direct line, arising from lawful intercourse." Craisson states (Man. Jur. Canon, Lib. II, De affin., n. 4285) that "Collator Andegavensis" quotes (394) Sanchez and Pontius
Pontius
Pontius means "marine" or "relating to the sea." It can be used as a name, both first and last. People named "Pontius" include;*The Greek name for Pontic Greeks...
as asserting that "the Pope dispenses converted infidels married within this first degree of affinity, if they had contracted marriage in accord with the law of their country." This supposes that this affinity in the first degree of the direct line is not an impediment of the natural or Divine law. An additional argument may be drawn from the dispensation which the Church grants in this case where there has been occult unlawful intercourse. Any repugnance of nature would hold then, as where the intercourse proceeded from marriage.
If a married person should have intercourse with the marriage-partner's blood-relative of the second degree, in the direct or collateral line, a penalty is placed upon the one so sinning of forfeiting the right to ask for marital intercourse from the marriage-partner, though the innocent party does not forfeit the right to claim it. If the wrong had been done through fear, the common teaching is that the penalty is not incurred, and this is also probably so if done without knowledge of the penalty. If incurred, a dispensation from the penalty may be obtained from the bishop. The affinity would become more complicated, and add new bars to marriage, if the person had intercourse with several persons of varying degrees of affinity. By the Roman law, the affinity ceased at the death of the one from whom it originated. Thus when a remarried father died, his second wife was no longer akin to the children of his former wife. By canon law a marriage not consummated does not beget affinity. By a marriage null through a diriment impediment, the affinity probably does not extend beyond the second degree. By the French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
code the affinity in the direct line, and in the first degree of the collateral line, is a bar to marriage, though the privilege was given to the king to dispense in the second case.
Can. 109
- 1. Affinity arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man.
- 2. It is so computed that those who are blood relatives of the man are related in the same line and degree by affinity to the woman, and vice versa.
Eastern Orthodox Church and other Eastern Churches
The Eastern Orthodox ChurchEastern Orthodox Church
The Orthodox Church, officially called the Orthodox Catholic Church and commonly referred to as the Eastern Orthodox Church, is the second largest Christian denomination in the world, with an estimated 300 million adherents mainly in the countries of Belarus, Bulgaria, Cyprus, Georgia, Greece,...
adheres to the law as laid down in Leviticus, xviii, 8, 14, 16, 18; xx, 11, 12, 14, 19, 21. Yet the Greek patriarchs and bishops grant dispensations from some of the affinities therein mentioned. However, in the Eastern Orthodox Church, marriages of affinity that produce children who are closer genetic relatives than legal are also not permitted (unless the genetic relationship does allow marriage between those children). For example, two siblings may not marry two other siblings because legally their children will be cousins, but genetically they'll be half-siblings. On the other hand, two siblings may marry two cousins.
Nevertheless, sexual relations between in-laws (in particular, snokhachestvo
Snokhachestvo
In Imperial Russia, snokhachestvo referred to illicit sexual relations between a pater familias of a Russian peasant household and his daughter-in-law during the minority or absence of his son....
) were fairly common in Imperial Russia.
The Nestorian Church allows affinity to beget affinity very extensively. The Armenian Apostolic Church
Armenian Apostolic Church
The Armenian Apostolic Church is the world's oldest National Church, is part of Oriental Orthodoxy, and is one of the most ancient Christian communities. Armenia was the first country to adopt Christianity as its official religion in 301 AD, in establishing this church...
extends the affinity to the fourth degree. The united Oriental Churches approach the Roman Catholic regulations.