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Impediments to marriage
Home All Categories Encyclopedias Encyclopedia of Canon Law (Legislative Theology) Personal Status Impediments to marriage
Personal Status
By Mounir Malak17 March 20090 Comments

Impediments to marriage

⬇️ تحميل الفيديو

His Holiness Pope Shenouda III opens the lecture by declaring that the topic today is the impediments to marriage — the reasons that prevent the completion of marriage or make the court rule its nullity. It becomes clear from his speech that the purpose is spiritual and ecclesial to preserve the sanctity of the sacraments and the family order.

The difference between divorce and nullity of marriage
His Holiness explains the essential difference: divorce indicates that the marriage was valid then the spouses separated, whereas nullity means that the marriage was not legally established from the start and has no correct existence.

Causes of nullity related to a previous marriage
The first reason mentioned is the connection of one party to a previous marriage that is still valid; that is, any marriage that comes after an ongoing marriage is considered null if the first party did not dissolve according to the Holy Scripture and church laws.

Physical and medical causes of nullity
Among the impediments is that one spouse is not sexually fit (hermaphrodite, castrated, sexually impotent) or carries serious contagious diseases or sexual diseases before the marriage — these are reasons that annul the contract if they existed before marriage.

Coercion and fraud
Marriage must be by the consent of both parties; if it occurred by material or moral coercion (threat to life or severe pressure) or by fraud in an essential reason (for example claiming virginity when she was not), it is permissible to rule annulment provided the sexual intercourse was not continued after discovering the fraud.

Insanity, religion, age, and kinship
If one party was insane before the marriage, or if one party is of a different religion in a way that prevents spiritual and practical agreement, or if the age did not reach maturity, or if there is a prohibiting kinship mentioned in the law (such as kinships mentioned in Leviticus), all these are impediments that annul the marriage to protect lineage and family order.

Issues of blended families and kinship rules after marriage
His Holiness explains complex rulings about widowed spouses who have children from previous marriages, and how these bonds make some marriages forbidden later because kinship and lineage relations change after the union of spouses.

Spiritual and educational summary
The talk focuses on that the church laws and impediments aim to protect the sanctity of marriage, preserve lineage, and prevent confusion in the family and the church. His Holiness promises to give a subsequent lecture detailing issues such as not marrying the wife’s sister and the biblical and patristic evidences.

For better translation support, please contact the center.

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