Further, no one can vow that which belongs to another. Now "the husband . . . hath not power of his own body, but the wife" ( 1 Cor. 7:4 ). Therefore, without her consent, the husband cannot take a vow of continence whether absolutely or for a time.
I answer that, A vow is a voluntary act, as its very name implies: and consequently a vow can only be about those goods which are subject to our will, and those in which one person is bound to another do not come under this head. Therefore in matters of this kind one person cannot take a vow without the consent of the one to whom he is bound. Consequently, since husband and wife are mutually bound as regards the payment of the debt which is an obstacle to continence, the one cannot vow continence without the other's consent; and if he take the vow he sins, and must not keep the vow, but must do penance for an ill-taken vow [*Cf. Q[53], AA[1],4; Q[61], A[1]].
Reply to Objection 1: It is sufficiently probable that the wife ought to be willing to remain continent for a time, in order to succor the need of the universal Church. Hence in favor of the business for which the cross is given to him, it is laid down that the husband may take the cross without his wife's consent, even as he might go fighting without the consent of his landlord whose land he has leased. And yet the wife is not entirely deprived of her right, since she can follow him. Nor is there a parallel between wife and husband: because, since the husband has to rule the wife and not "vice versa," the wife is bound to follow her husband rather than the husband the wife. Moreover there would be more danger to the wife's chastity as a result of wandering from country to country, than to the husband's, and less profit to the Church. Wherefore the wife cannot take this vow without her husband's consent.
Reply to Objection 2: The one spouse, by refusing to consent to the other's vow of continence, does not sin, because the object of his dissent is to hinder not the other's good, but the harm to himself.
Reply to Objection 3: There are two opinions on this point. For some say that one can without the other's consent vow not to demand the debt, not however not to pay it, because in the former case they are both within their own rights, but not in the second. Seeing, however, that if one were never to ask for the debt, marriage would become too burdensome to the other who would always have to undergo the shame of asking for the debt, others assert with greater probability that neither vow can be lawfully taken by one spouse without the other's consent.
Reply to Objection 4: Just as the wife receives power over her husband's body, without prejudice to the husband's duty to his own body, so also is it without prejudice to his duty to his master. Hence just as a wife cannot ask her husband for the debt to the detriment of his bodily health, so neither can she do this so as to hinder him in his duty to his master. And yet the master cannot for this reason prevent her from paying the debt.
Whether it is forbidden to demand the debt on holy days?
Objection 1: It would seem that a person ought not to be forbidden to ask for the debt on holy days. For the remedy should be applied when the disease gains strength. Now concupiscence may possibly gain strength on a feast day. Therefore the remedy should be applied then by asking for the debt.
Objection 2: Further, the only reason why the debt should not be demanded on feast days is because they are devoted to prayer. Yet on those days certain hours are appointed for prayer. Therefore one may ask for the debt at some other time.
On the contrary, Just as certain places are holy because they are devoted to holy things, so are certain times holy for the same reason. But it is not lawful to demand the debt in a holy place. Therefore neither is it lawful at a holy time.
I answer that, Although the marriage act is void of sin, nevertheless since it oppresses the reason on account of the carnal pleasure, it renders man unfit for spiritual things. Therefore, on those days when one ought especially to give one's time to spiritual things, it is not lawful to ask for the debt.
Reply to Objection 1: At such a time other means may be employed for the repression of concupiscence; for instance, prayer and many similar things, to which even those who observe perpetual continence have recourse.
Reply to Objection 2: Although one is not bound to pray at all hours, one is bound throughout the day to keep oneself fit for prayer.
Whether it is a mortal sin to ask for the debt at a holy time?
Objection 1: It would seem that it is a mortal sin to ask for the debt at a holy time. For Gregory says (Dial. i) that the devil took possession of a woman who had intercourse with her husband at night and came in the morning to the procession. But this would not have happened had she not sinned mortally. Therefore, etc.
Objection 2: Further, whoever disobeys a Divine command commits a mortal sin. Now the Lord commanded ( Ex. 19:15 ): "Come not near your wives," when namely they were about to receive the Law. Much more therefore do husbands sin mortally if they have intercourse with their wives at a time when they should be intent on the sacred observances of the New Law.
On the contrary, No circumstance aggravates infinitely. But undue time is a circumstance. Therefore it does not aggravate a sin infinitely, so as to make mortal what was otherwise venial.
I answer that, To ask for the debt on a feast day is not a circumstance drawing a sin into another species; wherefore it cannot aggravate infinitely. Consequently a wife or husband does not sin mortally by asking for the debt on a feast day. It is however a more grievous sin to ask for the sake of mere pleasure, than through fear of the weakness of the flesh.
Reply to Objection 1: This woman was punished not because she paid the debt, but because afterwards she rashly intruded into the divine service against her conscience.
Reply to Objection 2: The authority quoted shows not that it is a mortal sin but that it is unbecoming. For under the Old Law which was given to a carnal people many things were required under an obligation of precept, for the sake of bodily cleanness, which are not required in the New Law which is the law of the spirit.
Whether one spouse is bound to pay the debt to the other at a festal time?
Objection 1: It would seem that neither are they bound to pay the debt at a festal time. For those who commit a sin as well as those who consent thereto are equally punished ( Rom. 1:32 ). But the one who pays the debt consents with the one that asks, who sins. Therefore he sins also.
Objection 2: Further, it is an affirmative precept that binds us to pray, and therefore we are bound to do so at a fixed time. Therefore one ought not to pay the debt at a time when one is bound to pray, as neither ought one at a time when one is bound to fulfill a special duty towards a temporal master.
On the contrary, It is written ( 1 Cor. 7:5 ): "Defraud not one another, except by consent, for a time," etc. Therefore when one spouse asks the other must pay.
I answer that, Since the wife has power of her husband's body, and "vice versa," with regard to the act of procreation, the one is bound to pay the debt to the other, at any season or hour, with due regard to the decorum required in such matters, for this must not be done at once openly.