On the contrary, "The wife hath not power of her own body, but the husband" ( 1 Cor. 7:4 ). Therefore at his asking his wife must pay the debt even during her menses.
Further, the menstruous wife should not be an occasion of sin to her husband. But she would give her husband an occasion of sin, if she paid him not the debt at his asking; since he might commit fornication. Therefore, etc.
I answer that, In this regard some have asserted that a menstruous woman may not pay the debt even as she may not ask for it. For just as she would not be bound to pay it if she had some personal ailment so as to make it dangerous for herself, so is she not bound to pay for fear of danger to the offspring. But this opinion would seem to derogate from marriage, by which the husband is given entire power of his wife's body with regard to the marriage act. Nor is there any parallel between bodily affliction of the offspring and the danger to her own body: since, if the wife be ailing, it is quite certain that she would be endangered by the carnal act, whereas this is by no means so certain with regard to the offspring which perhaps would not be forthcoming.
Wherefore others say that a menstruous woman is never allowed to ask for the debt; and that if her husband ask, he does so either knowingly or in ignorance. If knowingly, she ought to dissuade him by her prayers and admonitions; yet not so insistently as possibly to afford him an occasion of falling into other, and those sinful, practices, if he be deemed that way inclined. If however, he ask in ignorance, the wife may put forward some motive, or allege sickness as a reason for not paying the debt, unless there be fear of danger to her husband. If, however, the husband ultimately persists in his request, she must yield to his demand. But it would not be safe for her to make known [*"Indicare," as in the commentary on the Sentences; the Leonine edition reads "judicare."] her disaffection, lest this make her husband entertain a repulsion towards her, unless his prudence may be taken for granted.
Reply to Objection 1: This refers to the case when both willingly consent, but not when the woman pays the debt by force as it were.
Reply to Objection 2: Since there is no consent without the concurrence of the will, the woman is not deemed to consent in her husband's sin unless she pay the debt willingly. For when she is unwilling she is passive rather than consenting.
Reply to Objection 3: A madman should be given back his sword if a greater danger were feared from its not being returned to him: and thus it is in the case in point.
Whether husband and wife are equal in the marriage act?
Objection 1: It would seem that husband and wife are not equal in the marriage act. For according to Augustine (Gen. ad lit. xii) the agent is more noble than the patient. But in the marriage act the husband is as agent and the wife as patient. Therefore they are not equal in that act.
Objection 2: Further, the wife is not bound to pay her husband the debt without being asked; whereas he is so bound, as stated above (AA[1],2). Therefore they are not equal in the marriage act.
Objection 3: Further, the woman was made on the man's account in reference to marriage according to Gn. 2:18, "Let us make him a help like unto himself." But that on account of which another thing is, is always the principal. Therefore, etc.
Objection 4: Further, marriage is chiefly directed to the marriage act. But in marriage "the husband is the head of the wife" ( Eph. 5:23 ). Therefore they are not equal in the aforesaid act.
On the contrary, It is written ( 1 Cor. 7:4 ): "The husband . . . hath not power of his own body," and the same is said of the wife. Therefore they are equal in the marriage act.
Further, Marriage is a relation of equiparence, since it is a kind of union, as stated above (Q[44], AA[1],3). Therefore husband and wife are equal in the marriage act.
I answer that, Equality is twofold, of quantity and of proportion. Equality of quantity is that which is observed between two quantities of the same measure, for instance a thing two cubits long and another two cubits in length. But equality of proportion is that which is observed between two proportions of the same kind as double to double. Accordingly, speaking of the first equality, husband and wife are not equal in marriage; neither as regards the marriage act, wherein the more noble part is due to the husband, nor as regards the household management, wherein the wife is ruled and the husband rules. But with reference to the second kind of equality, they are equal in both matters, because just as in both the marriage act and in the management of the household the husband is bound to the wife in all things pertaining to the husband, so is the wife bound to the husband in all things pertaining to the wife. It is in this sense that it is stated in the text (Sent. iv, D, 32) that they are equal in paying and demanding the debt.
Reply to Objection 1: Although it is more noble to be active than passive, there is the same proportion between patient and passivity as between agent and activity; and accordingly there is equality of proportion between them.
Reply to Objection 2: This is accidental. For the husband having the more noble part in the marriage act, it is natural that he should be less ashamed than the wife to ask for the debt. Hence it is that the wife is not bound to pay the debt to her husband without being asked, whereas the husband is bound to pay it to the wife.
Reply to Objection 3: This proves that they are not equal absolutely, but not that they are not equal in proportion.
Reply to Objection 4: Although the head is the principal member, yet just as the members are bound to the head in their own respective capacities, so is the head in its own capacity bound to the members: and thus there is equality of proportion between them.
Whether husband and wife can take a vow contrary to the marriage debt without their mutual consent?
Objection 1: It would seem that husband and wife may take a vow contrary to the marriage debt without their mutual consent. For husband and wife are equally bound to pay the debt, as stated above (A[5]). Now it is lawful for the husband, even if his wife be unwilling, to take the cross in defense of the Holy Land: and consequently this is also lawful to the wife. Therefore, since this prevents the payment of the debt, either husband or wife may without the other's consent take the aforesaid vow.
Objection 2: Further, in taking a vow one should not await the consent of another who cannot dissent without sin. Now the husband or wife cannot, without sin, refuse their consent to the other's taking a vow of continence whether absolutely or for a time; because to prevent a person's spiritual progress is a sin against the Holy Ghost. Therefore the one can take a vow of continence either absolutely or for a time, without the other's consent.
Objection 3: Further, in the marriage act, the debt has to be demanded just as it has to be paid. Now the one can, without the other's consent, vow not to demand the debt, since in this he is within his own rights. Therefore he can equally take a vow not to pay the debt.
Objection 4: Further, no one can be bound by the command of a superior to do what he cannot lawfully vow or do simply, since one must not obey in what is unlawful. Now the superior authority might command the husband not to pay the debt to his wife for a time, by occupying him in some service. Therefore he might, of his own accord, do or vow that which would hinder him from paying the debt.
On the contrary, It is written ( 1 Cor. 7:5 ): "Defraud not one another, except . . . by consent, for a time, that you may give yourselves to prayer."