Reply to Objection 1: It was lawful for a husband to have several wives at one time by virtue of the divine dispensation: wherefore having put one away he could marry another even though the former marriage were not dissolved. But it was never lawful for a wife to have several husbands. Wherefore the comparison fails.
Reply to Objection 2: In this saying of Augustine manner [mos] does not signify custom but good manners; in the same sense a person is said to have manners [morigeratus] because he has good manners; and "moral" philosophy takes its name from the same source.
Reply to Objection 3: Our Lord shows the superabundance of the New Law over the Old in respect of the counsels, not only as regards those things which the Old Law permitted, but also as regards those things which were forbidden in the Old Law, and yet were thought by many to be permitted on account of the precepts being incorrectly explained---for instance that of the hatred towards our enemies. and so is it in the matter of divorce.
Reply to Objection 4: The saying of our Lord refers to the time of the New Law, when the aforesaid permission was recalled. In the same way we are to understand the statement of Chrysostom [*Hom. xii in the Opus Imperfectum falsely ascribed to St. John Chrysostom], who says that "a man who divorces his wife according to the law is guilty of four crimes: for in God's sight he is a murderer," in so far as he has the purpose of killing his wife unless he divorce her; "and because he divorces her without her having committed fornication," in which case alone the law of the Gospel allows a man to put away his wife; "and again, because he makes her an adulteress, and the man whom she marries an adulterer."
Reply to Objection 5: A gloss observes here: "She is defiled and abominable, namely in the judgment of him who first put her away as being defiled," and consequently it does not follow that she is defiled absolutely speaking; or she is said to be defiled just as a person who had touched a dead or leprous body was said to be unclean with the uncleanness, not of sin, but of a certain legal irregularity. Wherefore a priest could not marry a widow or a divorced woman.
Whether a husband could lawfully take back the wife he had divorced?
Objection 1: It would seem that a husband could lawfully take back the wife he had divorced. For it is lawful to undo what was ill done. But for the husband to divorce his wife was ill done. Therefore it was lawful for him to undo it, by taking back his wife.
Objection 2: Further, it has always been lawful to be indulgent to the sinner, because this is a moral precept, which obtains in every law. Now the husband by taking back the wife he had divorced was indulgent to one who had sinned. Therefore this also was lawful.
Objection 3: Further, the reason given ( Dt. 24:4 ) for its being unlawful to take back a divorced wife was "because she is defiled." But the divorced wife is not defiled except by marrying another husband. Therefore at least it was lawful to take back a divorced wife before she married again.
On the contrary, It is said ( Dt. 24:4 ) that "the former husband cannot take her again," etc.
I answer that, In the law concerning the bill of divorce two things were permitted, namely for the husband to put away the wife, and for the divorced wife to take another husband; and two things were commanded, namely that the bill of divorce should be written, and secondly that the husband who divorced his wife could not take her back. According to those who hold the first opinion (A[3]) this was done in punishment of the woman who married again, and that it was by this sin that she was defiled: but according to the others it was done that a husband might not be too ready to divorce his wife if he could nowise take her back afterwards.
Reply to Objection 1: In order to prevent the evil committed by a man in divorcing his wife, it was ordered that the husband could not take back his divorced wife, as stated above: and for this reason it was ordered by God.
Reply to Objection 2: It was always lawful to be indulgent to the sinner as regards the unkindly feelings of the heart, but not as regards the punishment appointed by God.
Reply to Objection 3: There are two opinions on this point. For some say that it was lawful for a divorced wife to be reconciled to her husband, unless she were joined in marriage to another husband. For then, on account of the adultery to which she had voluntarily yielded, it was assigned to her in punishment that she should not return to her former husband. Since, however, the law makes no distinction in its prohibition, others say that from the moment that she was put away she could not be taken back, even before marrying again, because the defilement must be understood not in reference to sin, but as explained above (A[4], ad 3).
Whether the reason for divorce was hatred for the wife?
Objection 1: It would seem that the reason for divorce was hatred for the wife. For it is written ( Malachi 2:16 ): "When thou shalt hate her put her away." Therefore, etc.
Objection 2: Further, it is written ( Dt. 24:1 ): "If . . . she find not favor in his eyes, for some uncleanness," etc. Therefore the same conclusion follows as before.
Objection 3: On the contrary, Barrenness and fornication are more opposed to marriage than hatred. Therefore they ought to have been reasons for divorce rather than hatred.
Objection 4: Further, hatred may be caused by the virtue of the person hated. Therefore, if hatred is a sufficient reason, a woman could be divorced on account of her virtue, which is absurd.
Objection 5: Further, "If a man marry a wife and afterwards hate her, and seek occasions to put her away"* alleging that she was not a virgin when he married her, should he fail to prove this, he shall be beaten, and shall be condemned in a hundred sicles of silver, and he shall be unable to put her away all the days of his life ( Dt. 22:13-19 ). [*The rest of the passage is apparently quoted from memory.] Therefore hatred is not a sufficient reason for divorce.
I answer that, It is the general opinion of holy men that the reason for permission being given to divorce a wife was the avoidance of wife-murder. Now the proximate cause of murder is hatred: wherefore the proximate cause of divorce was hatred. But hatred proceeds, like love, from a cause. Wherefore we must assign to divorce certain remote causes which were a cause of hatred. For Augustine says in his gloss (De Serm. Dom. in Monte i, 14): "In the Law there were many causes for divorcing a wife: Christ admitted none but fornication: and He commands other grievances to be borne for conjugal fidelity and chastity." Such causes are imperfections either of body, as sickness or some notable deformity, or in soul as fornication or the like which amounts to moral depravity. Some, however, restrict these causes within narrower limits, saying with sufficient probability that it was not lawful to divorce a wife except for some cause subsequent to the marriage; and that not even then could it be done for any such cause, but only for such as could hinder the good of the offspring, whether in body as barrenness, or leprosy and the like, or in soul, for instance if she were a woman of wicked habits which her children through continual contact with her would imitate. There is however a gloss on Dt. 24:1, "If . . . she find not favor in his eyes," which would seem to restrict them yet more, namely to sin, by saying that there "uncleanness" denotes sin: but "sin" in the gloss refers not only to the morality of the soul but also to the condition of the body. Accordingly we grant the first two objections.
Reply to Objection 3: Barrenness and other like things are causes of hatred, and so they are remote causes of divorce.
Reply to Objection 4: No one is hateful on account of virtue as such, because goodness is the cause of love. Wherefore the argument does not hold.
Reply to Objection 5: The husband was punished in that case by being unable to put away his wife for ever, just as in the case when he had corrupted a maid ( Dt. 22:28-30 ).
Whether the causes of divorce had to be written in the bill?