Thomas Ruster

The of as Something Unique to the : Thoughts about Separating Nature, Contract and Sacrament

Divorced Christians who enter into a new mar- another “till death do us part”. Legally speaking, riage first of all act against the will of Jesus they are guilty of a breach of contract. How Christ: “What God hath joined together, let no could they be allowed to make such a promise man put asunder.” They commit adultery, as the again, after having broken their first vow? words of Christ indicate very clearly (Mk 10,9- What has been outlined so far encompasses 12). They also deny the faithful union between the Church’s teaching concerning matrimony. If Christ and his Church, for according to Ephe- we want to theologically pave the way for the sians 5,21-32, the bond of matrimony is based on acceptance of between divorced Chris- and represents the union between Christ and his tians, we have to overcome this teaching. Its Church, which means that the dissolution of a strength lies in the connection it establishes marriage includes the denial of the fidelity of between the three elements mentioned before: Christ. They thus reject the sacrament, God’s sacrament – nature – contract. These elements gift of grace. support each other, no matter with which one Secondly, they act against the order of crea- you start: The sacrament is based on the natural tion which was revealed to Reason in institution and the respective couple enters freely and which is being authentically interpreted by into it. In the marriage contract the partners the Church’s Magisterium: In his creation God accept the order of creation and Christ raises this has instituted marriage and family as the frame- contract to the dignity of a sacrament. The sac- work for the union of man and woman. Marriage rament leads the natural and contractual dimen- and family constitute the fundamental unit of sion of marriage to a higher level. Matrimony is society. The wellbeing of spouses and children more than just a socially acceptable way of living is secured best within marriage and family. More- together. It is also more than a union solely des- over, thinking more deeply about the nature of tined for procreation, even if on the level of love, we may come to realize that exclusiveness natural order it helps to strip human sexuality and indissolubility are paramount to it, because off its self-referential desire. The marriage bond every true love wishes for absoluteness and eter- is a gift of grace, visibly representing God’s wish nity. Within the bodily and spiritual union of to be united with us. It is a spiritual reality. love, called marriage, the true meaning of human According to legal practitioner and historian sexuality is fulfilled, particularly in its relation to John Witte the Catholic model of marriage procreation. developed in the thirteenth century is “the work Thirdly, they fail to keep the promise they of a genius”.1 What was so brilliant about it is made to each other in freedom and self-determi- precisely the combination of the three dimen- nation – to respect their marriage partner, to sions sacrament, nature and contract. It has given remain faithful through good times and bad, in plausibility and stability to this model for many sickness and in health, to love and to cherish one centuries. If against the backdrop of sociological

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upheavals, altered attachment behaviour etc. the creation and nature? Or can the Church also Catholic Church nowadays faces the challenge approve of relationships which do not possess of how to deal with divorced Christians who these characteristics? have remarried, or, in other words, if we are These two questions are connected to each forced to live in an age that is hostile towards other, because the traditional ecclesiastical teach- the institution of marriage and puts lifelong rela- ings on matrimony also assigned indissolubility tionships to the test, we must ask this theological to . According to that, a mar- question: How can we further develop this model riage contract constitutes an indissoluble mar- of marriage towards a more contemporary one, riage, even if it does not lead to a sacramental a model applicable to modern times? However, marriage. However, if one could show that not giving up on the indissolubility of sacramental all marriages have to be naturally indissoluble, marriage is out of the question. In this respect this would pave the way for marriages which are the Church cannot ignore Christ’s statement. non-sacramental and dissoluble. And even if there are exegetes who quite reason- Subsequently I will try to prove that we could ably inquire whether Jesus actually intended to give up the connections subsisting between sacra- make a normative statement to be valid forever, ment and contract as well as those between sac- these doubts cannot challenge a Church which ramental and natural marriage without damaging believes that scriptures and tradition bear witness the sacrament of Christian marriage. The sacra- to the divine revelation. From the very beginning ment of marriage would thus stand alone, with- the Catholic Church concluded from Christ’s out the connections mentioned before. Conse- statement that marriage should be indissoluble, quently, the sacramental marriage would be which means that the Church cannot revise this something unique to the Catholic Church in the interpretation today without contradicting its midst of a great variety of other relationships. own understanding of the Revelation. And as the This would also have consequences for the form Church, according to Ephesians 5, understands of administering the marriage sacrament which marriage as a sacrament, i.e. as a visible expres- would have to be discussed. Then the following sion of the union between God and mankind, it question remains: What is the Church’s position cannot change this interpretation without calling towards Christians who engage in another, non- God’s fidelity into question. The Church does sacramental relationship before or after living in not have this option, if it does not want to give a sacramental marriage? itself up since the Church itself is founded on God’s fidelity; this is the reason for its existence. But we can point out the question whether 1. Contract and Sacrament the connections established by the Catholic model of marriage between sacrament and mar- A clearly negative response to our first question riage contract on the one hand and between sac- can be found in 1055 §2 of the 1983 CIC: rament and nature (order of creation) on the It states that “a valid matrimonial contract can- other hand need to be preserved. To be precise, not exist between the baptized without it being we would have to take a closer look at the fol- lowing points: 1. Does every marriage contract between baptized Christians inevitably constitute 1 J. Witte: Vom Vertrag zum Sakrament: Ehe, Religion und Recht in der abendländischen Tradition, ed. the sacrament of matrimony? Or could non- W. Huber et al., Gütersloh: Gütersloher Verlag-Haus, sacramental marriages between baptized persons 2008 (Öffentliche Theologie; 15), 45; originally pub- exist without the characteristic indissolubility? lished is English as: From Sacrament to Contract: Marriage, Religion, and Law in the Western tradition, 2. Is the sacramental marriage characterized by Louisville, KY: Westminster/John Knox Press, 1997 unity and indissolubility as part of the order of (The Family, Religion, and Culture).

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by that fact a sacrament”. When a baptized sary for the gift of the marriage sacrament – a woman and a baptized man enter into a marriage condition not fulfilled in the above mentioned covenant, this covenant has “been raised by cases. This concept did not prevail in the Middle Christ the Lord to the dignity of a sacrament”, Ages because it was contrary to general custom. as it says in §1 of that same canon, without the Marriages were frequently concluded and con- couple necessarily intending to receive a sacra- summated without the blessing of the Church; ment. The problems related to this canonical it was simply impossible to conclude all marriages statement nowadays are obvious. Even persons with the assistance of the Church.3 Melchior who are baptized but do not really intend to Cano (1509-1560), a very influential theologian, enter into a sacramental marriage with all its was the first to systematically defend the thesis consequences or who do not know what this that in marriages concluded without the Church’s implies, i.e. the so-called “baptized nonbelievers” blessing a valid marriage contract is established of whom there are many these days, in fact enter – based on the consent of the couple – but no into a sacramental marriage. And there is an even sacrament received. In his opinion the instrument more serious aspect: Baptized Christians from and reason for receiving the sacrament is consti- Church communities which expressively object tuted by the ’s blessing, in line with the to the sacramental character of matrimony, from scholastic sacramental theology. Within the the point of view of the Catholic Church never- framework of scholastic terms Cano pointed out theless enter into a sacramental marriage, pro- that a mere legal act, the declaration of consent, vided that the Catholic Church recognizes the cannot be enough for receiving a sacrament. How baptism practiced in these communities. This can a sacrament be celebrated without praying automatism leads to an alarming devaluation of to God, without the invocation of the Holy the sacrament of matrimony, because baptized Spirit, without prayers of the congregation? Christians do not have any opportunity of avoid- Theologians of the sixteenth and seventeenth ing the sacrament when getting married, even if century like Gabriel Vásquez (1549-1604) and they do not want to receive the sacrament. The Fernandus Rebellus (1545-1608) continued Cano’s sacrament is thus separated from the faith in line of thinking, but from a different perspective. which it can only be understood and valued. This Having defended Molinism during the contro- problem has been known in theology for quite versy regarding divine grace, they believed that some time. human nature achieves completion in itself. (1931-1955), former professor Grace is not necessary to achieve natural comple- for in Fribourg and afterwards tion; it is only bestowed if there is an explicit of , reminds us of a theological tradition intention to receive the gift of grace. In the con- according to which contract and sacrament text of marriage this implied the following: The should be considered separately and do not auto- matrimonial contract between the spouses is the matically go hand in hand.2 This tradition has foundation for a valid marriage which adheres to never been condemned by the Church; it was the requirements of the order of nature. The just not considered when it came to shaping the sacrament only comes into being, if the contrac- codified form of canon law in the twentieth cen- tual partners explicitly intend it. In the past this tury. Great scholars like Duns Scotus (1265-1308) issue would be discussed e.g. in the case of peo- and Cajetan de Vio (1469-1534) had already stated ple living in mission areas who have been bap- that under certain conditions a matrimonial con- tized after entering the marriage state: Does their tract is established, but no sacrament received, marriage automatically become a sacrament e.g. in the case of a marriage between persons because of the baptism or do they have to per- who are absent or unable to speak. In their opin- form a separate intentional act in order to receive ion, the fulfilment of canonical form was neces- the sacrament?

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Cardinal Robert Bellarmin (1542-1621) sup- authority over the Catholic Church, referred to posed that Jesus Christ adds the sacramental the statements about the possible separation of character to contractual marriages by performing contract and sacrament in order to legitimize an own act; a specific intention of the engaged . Matrimony was seen as solely couple is not required. based on natural law and the sacrament as a reli- So, according to Bellarmin, the contract could gious addition. When the obligatory civil mar- not go without the sacrament; but the sacramen- riage was introduced during the French Revolu- tal character comes from outside, as an addition tion, the referred more and more to the which is not required by nature or for its comple- reasoning of Bellarmin and Suarez, in order to tion. Francisco Suarez (1548-1617) also believed keep the Church’s jurisdiction over matrimony. in the union of sacrament and contract. In his However, they carefully avoided to denounce the opinion there can be no graceless sphere within other interpretation! the Church, i.e. there can be no room in which The preparatory commission for the First Christ does not act. All baptized persons enter Vatican Council voted very clearly in favour of into the kingdom of grace, so in the Church, the unity of sacrament and contract, but it did matrimony is always a sacrament. Couples, who not propose these teachings for dogmatising – erroneously deny the sacramental character of anyway, their suggestions did not make it to the matrimony, nevertheless receive the sacrament. Council Hall because of the Council’s early end- Those who specifically rule it out do not enter ing. As Corecco puts it: “Indeed it is question- into matrimony at all, because according to able whether the principle of unity could be Thomism, a teaching which Suarez follows in elevated to the status of a dogma”4, for not only this respect, the order of nature did not just con- is it facing the different Scotus-Cajetan-Cano tinue to exist after the fall of man but was line of tradition, but also the whole Greek ortho- restored only by the grace of Christ. If anybody dox tradition which sees the blessing of the priest rules out the sacramental character of matri- as being constitutive for the marriage sacrament. mony, they do not fall back to the order of In view of the fact that Corecco himself is thor- nature but into nothingness. oughly in favour of the union between sacrament It is obvious that this controversy is an on- and contract, the assessment of the distinguished going one. Can the Church prescribe a sacrament canonist is even more remarkable. to people who do not want it? Do not personal Whatever the theological decision might be intentions have to be considered? But, on the in this respect, one thing is for sure: The notion other hand: Baptized persons are part of the of a matrimonial contract which does not con- Church. And the reality and law of grace rule stitute a sacrament has never been abolished by within the Church, not the law of nature. Can marriages exist between baptized persons, which are not part of the reality of God’s grace? Are 2 E. Corecco: “Die Lehre von der Untrennbarkeit des there graceless spheres in the Catholic Church? Ehevertrags vom Sakrament im Lichte des scholastischen Prinzips ‘Gratia perficit, non destruit naturam’”, in: According to Corecco, in the aftermath of this Archiv für katholisches Kirchenrecht 143 (1974), 379-442. controversy, those theologians who were in See also R. Puza: “Kirchenrecht-Theologie-Liturgie: favour of the unity of contract and sacrament as Kanonistische Überlegungen zur Identität von Ehe- it is defined by contemporary canon law carried vertrag und Ehesakrament sowie zum ‘Spender’ des Ehesakramentes”, in: K. Richter (ed.): Eheschließung their point. There are various reasons for this, – mehr als ein rechtlich Ding?, Freiburg: Herder, 1989 and not only theological ones. (Quaestiones disputatae; 120), 62-83. Puza embraces One of the crucial factors was the fact that Coreccco’s point of view. 3 Cf. J. Witte: Vom Vertrag zum Sakrament, 43. the members of movements like the Josephinism 4 E. Corecco: “Die Lehre von der Untrennbarkeit des and Gallicanism, who wanted to raise the State’s Ehevertrags”, 421.

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the Catholic Church and is therefore at our dis- Pius XI, for instance, with regard to “errors posal. This is of paramount importance when it and depraved morals” states in the beginning: comes to finding a solution for the dilemma “matrimony was not instituted or restored by related to the Church’s position towards divorced man but by God; not by man were the laws made Christians who have remarried. to strengthen and confirm and elevate it but by The canon 1055 §2 mentioned before could God” and these laws “cannot be subject to any be revised. Then the question remains whether human or to any contrary pact even of those marriages which are only constituted by a the spouses themselves” (no. 5). “…the nature of matrimonial contract and not by sacrament matrimony is entirely independent of the free will would have to adhere to God’s law. We could of man” (no. 6). Therefore, the idea that matri- clarify this by referring to the order of creation mony were “not instituted by the Author of or to the natural marriage. nature” and could be “changed and abrogated according to human caprice and the shifting cir- cumstances of human affairs” is censured: “Armed 2. Natural Marriage and Sacrament with these principles, some men go so far as to concoct new species of unions, suited, as they say, Canon 1055 §1 of the 1983 CIC states: “The mat- to the present temper of men and the times, rimonial covenant, by which a man and a woman which various new forms of matrimony they pre- establish between themselves a partnership of the sume to label temporary, experimental, and com- whole of life and which is ordered by its nature panionate” (no. 51). The responds to to the good of the spouses and the procreation these notions by emphasizing the will of God and education of offspring, has been raised by Creator which is expressed in the natural order, Christ the Lord to the dignity of a sacrament i.e. in natural law. One basic principle is the between the baptized.” Accordingly, the founda- indissolubility of marriage. The “advocates of the tion for the sacrament is matrimony in “its neo-paganism”, who demand the right to divorce nature”, the so-called natural marriage. Its nature and , are reminded of Christ’s words is described as a father/mother/child family char- “What God hath joined together, let no man put acterized by unity and indissolubility (“partner- asunder” which “refer to every kind of marriage, ship of the whole of life”). The Church teaches even that which is natural and legitimate only; that this type of marriage and family is grounded for, as has already been observed, that indissolu- in God’s will and has its foundation in the divine bility by which the loosening of the bond is once creation. and for all removed from the whim of the parties The Catechism of the Catholic Church explains: and from every secular power, is a property of “A man and a woman united in marriage, together every true marriage” (no. 87). with their children, form a family”; and addition- The Pastoral Constitution of the Second ally it says: “In creating man and woman, God Vatican Council, Gaudium et spes, also refers to instituted the human family and endowed it with this aspect of the Church’s classical teaching its fundamental constitution” (cf. CCC 2202 and about marriage. It states that “by their very 2203). These statements of the Catechism form nature, the institution of matrimony itself and a part of the Church’s traditional teachings about conjugal love are ordained for the procreation matrimony and family which have basically and education of children” and that conjugal love remained the same. But especially in the course should be aligned with “the whole meaning of of the twentieth century and against a backdrop the family life” and “conformed to the divine of social change these teachings have been law” (no. 50). The Pastoral Constitution recog- repeated with special emphasis. The encyclical nizes “objective standards…based on the nature Casti connubii (1930) on Christian marriage of of the human person and his acts” (no. 51).5

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The Apostolic Exhortation Familiaris consor- creation and natural law) would involve discard- tio of Pope John Paul II on the role of the Chris- ing most of the forms of relationships and fam- tian family in the modern world, dated ilies that people live in today. The Church would 22.01.1980, also reaffirms unity and indissolubil- have to detect an increasing deviation from the ity as essential characteristics of every marriage divine order of creation. It could point out that (cf. no. 20). It states: “…the family must go back society is suffering from errors, depraved morals to the ‘beginning’ of God’s creative act, if it is and neo-paganism, as Pius XI did, and in many to attain self-knowledge and self-realization in respects the Church would be right. However, it accordance with the inner truth not only of what would thus prove to be difficult for the Church it is but also of what it does in history” (no. 17). to establish a more constructive position towards As described, according to the Catholic new forms of relationships which are already Church’s teachings matrimony in form of a quite common even within the Christian com- father/mother/child relationship is part of the munity. Therefore the teachings of natural mar- divine order of creation and its natural state is riage based on theology of creation need to be characterized by indissolubility. The problem is thought anew. Is the foundation for these teach- that nowadays this form of matrimony and this ings, the paradigm of natural law, truly indispen- kind of family is not as common as it used to be sable for the Catholic Church? That is not the and that, as Pope Pius had already mentioned, case: many recent ecclesiastical documents on “new forms of matrimony” have emerged – peo- marriage and family rather emphasize the human ple may have invented them intentionally or they being instead of natural law as an approach to may have been the result of social constraints. the subject. Apart from this, current theological Family researcher Matthias Petzold found proof statements about the indissolubility of marriage that the classical nuclear family has long ceased are being based on the uniqueness of the loving to be the predominant form.6 Instead we find a relationship between a man and a woman rather great variety of other kinds of families: adoptive than on natural law. According to these state- families, families with a single parent, blended ments, love demands complete devotion and families, communes, transitory relationships, fidelity – natural law has been replaced by some living-apart-together, non-matrimonial partner- kind of relationship ontology.7 ships, patchwork families, foster families, SOS- On the whole, it can be assumed that the Kinderdorf families, flat-sharing communities, natural law approach is not as convincing as it secondary families, families with two households used to be. Holding on to a given order of fam- and many more. In his research Petzold distin- ily life is similar to the battle of creationists guishes between seven main forms of family life, against evolution theory: in fact, an evolution of from the traditional nuclear family to singles relationships has taken place in society and it oriented towards a normative family concept, seems to be futile to combat it. And would this couples intentionally or unintentionally without be the Church’s duty? children, non-matrimonial relationships with There is also another question to be asked: children with or without an orientation towards What does it tell us that marriage and family in the classical norm and married couples with chil- the biblical land of Israel in many respects were dren but no classical norm. This list shows a general orientation towards the classical family concept in most of the relationships, but reality 5 Emphasis added by the author. is already different from the norm and will surely 6 Cf. M. Petzold: “Familien heute – sieben Typen fami- become even more diverse in the future. lialen Zusammenlebens”, in: TelevIZIon 14/1 (2001), 16-19. What is the Church to do in this situation? 7 As an example see D. Schwaderlapp: Für immer ja: Following its traditional approach (theology of Ein Kurs in Sachen Liebe, : Pattloch, 2007.

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not consistent with natural law? Familiaris con- – touching, sometimes half-baked and sometimes sortio explicitly condemns because it well-proven attempts to adapt the institution of “directly negates the plan of God which was marriage to the different situations in society. revealed from the beginning” (no. 19). But the Thus the Church would no longer have to tell marriages of the patriarchs were polygamous, just people that their way of living is characterized like those of David, Solomon and many other by unity and indissolubility, she would no longer biblical figures. What is the reason for the fact have to talk about the “offense against the law that even back in biblical Israel people did not of God and of nature” and “the guilt of a grave adhere to this given order? Dogmatic theologian sin” as Pope Pius did in Casti connubii (no. 56). Leo Scheffczyk believes that looking back on the The next question to be discussed would then history of the Jewish people, signs of tragedy and be how those other forms of marriage and fam- decay become apparent, although the creational ily relate to the sacramental marriage. Only when order of marriage was never discarded. According a couple expresses the wish to enter into a sacra- to Scheffczyk polygamy is the reason for this mental marriage does it cross the threshold into negative development.8 But it is still quite dif- the sphere of ecclesiastical and canonical judge- ficult to explain why the God given order of ment. There may have been a previous relation- creation should have been deteriorating as early ship with the same or a different partner or even as among God’s own people, Israel. Could it be a previous marriage valid under civil law, but this the case that the teachings of natural marriage would remain out of consideration for the do not have any foundation in the bible? Church. It would be outside its sphere of com- petence because the Church does not have any appropriate criteria to judge them by. The situ- 3. The Sacrament Standing Alone ation would be similar for relationships that peo- ple enter into after a failed sacramental marriage. Separating sacramental marriage from matri- The important point is that a marriage of mony as a contractual community on the one divorced Christians concluded in the register hand and from the normative idea of natural office would not have to be judged as the (impos- marriage on the other hand is nothing less than sible) attempt to enter a new sacramental mar- a revolution for the Church’s teachings on mar- riage, because not every marriage between Chris- riage. But I have the impression that it is an tians is a sacrament! New relationships after a indispensable prerequisite for finding a solution divorce are just something that does not fall into in the gridlocked discussion about the Church’s the sphere of normative judgement by the position towards remarried Christians. The first Church. Normative-theological and canonical consequence of this separation would imply to reasoning would be replaced by accompanying have valid marriages within the Church which the affected couples in their , helping them are no sacrament. This is based on the above to come to terms with their history of failure and mentioned interpretations of Scotus, Cajetan and working towards a reconciliation of the divorced Cano which are embedded within the Church. couple. All of this can and should take place A second consequence for the Church could be within the Church, putting an end to the exclu- to give up its teaching authority on non-sacra- sion that remarried Christians are facing today. mental relationships between men and women. What remains is the pressing problem if, and The Church would not have to judge them if yes, in what form a new marriage can be according to natural law; it could even com- accepted after the breaking up of a sacramental, pletely give up the notion of a given order of indissoluble marriage. In order to find a solution marriage in creation and just let the many new here, it is necessary to take a closer look at what forms of sexual relationships be what they are indissolubility or rather the doctrine of the indis-

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soluble covenant of marriage really means.9 What tance. We should emphasize its significance now should basically be said is that a marriage can more than ever, with all the relationship chaos only be indissoluble if it IS indissoluble, that is, around us and in spite of the powers which are if during all crises and challenges both partners hostile to marriage. And the celebration of the know that their union cannot be destroyed. So marriage sacrament should also encompass its strictly speaking, only a sacramental marriage is uniqueness. If we assume the separation of con- indissoluble, because it is based on and represents tract and sacrament, then the old practice accord- the indissoluble faithful union between Christ ing to which the partners administer the sacra- and his Church. But even such a marriage can ment to each other (simply by bindingly end in failure. But then again, does this imply declaring their mutual consent to the marriage) the breaking of the marriage bond? In modern can no longer be valid. Ever since Melchior family research it has been said that a divorce Cano’s teachings theologians have believed that does not break down a family.10 In many ways, the liturgical rite and the blessing of the priest the former relationship continues. Seen in the (or of another authorized person) are necessary right light, this goes along with what St. Augus- in order to celebrate the sacrament of marriage. tine taught about the quiddam coniugale, a cer- As far as I know, almost all liturgy researchers tain relationship similar to matrimony, which and many dogmatists and specialists in canon remains between two partners even after a law agree on this.13 For example, Richard Meßner divorce. The nuptial bond continues to exist, but points out that not the bride and groom dispense “only for injury from the sin, not for a bond of the sacrament to each other, as has often been the covenant”.11 In fact, a new relationship after assumed, but that God gives them his blessing a divorce carries an especially heavy burden, and in doing so, grants them the opportunity to because contrary to the first family it is an open live in conjugal communion, according to the system which has to deal with the consequences order of creation.14 August Jilek sees certain sim- arising from the previous relationship.12 Essential ilarities to the sacrament of Holy Orders. Just for the Church’s assessment in this respect is the like the willingness of the candidate is only a following: The new relationship is a different one necessary prerequisite so as to receive Holy than the one with the first family; there is no Orders, the declaration of consent to a marriage competition between them, the new relationship is being established next to the previous marriage, so to speak. Against the backdrop of these find- 8 L. Scheffczyk: Zur Theologie der Ehe, Abensberg: Kral, s.a., 25. ings and considerations it is possible to talk about 9 Due to the limited space I can only give some hints here the indissolubility of divorced marriages on the and would therefore like to refer to my book …bis das one hand and on the other hand to allow new, der Tod euch scheidet? Die Unauflösbarkeit der Ehe und die wiederverheirateten Geschiedenen: Ein Lösungs- different relationships to exist. vorschlag (together with Heidi Ruster), Munich: Kösel, 2013. 10 W. Fhtenakis et al.: Die Familie nach der Familie: Wissen und Hilfen bei Elterntrennung und neuen Bezie- 4. On the Form of Administering hungen, Munich: Beck, 2008, 302. the Sacrament of Marriage 11 Augustinus: De nuptiis et concupiscentia, X,11; German Edition (Ehe und Begierlichkeit) in: Sankt Augustinus, These days the Catholic Church has something der Lehrer der Gnade, ed. A. Zumkeller et al., vol. 3, Würzburg: Augustinus-Verlag, 1977, 87. unique and very precious to offer: the sacrament 12 Cf. V. Krähenbühl et al.: Stieffamilien: Struktur- of marriage. It does no longer have to be con- Entwicklung-Therapie, Freiburg: Lambertus, 31991. nected to matrimony in general (natural mar- 13 Cf. the contributions in K. Richter (ed.): Eheschließung – mehr als ein rechtlich Ding? riage) and to marriage contracts valid under civil 14 R. Messner: Einführung in die Liturgiewissenschaft, law. Instead, it is a unique feature of high impor- Paderborn: Schöningh, 2001, 380.

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can only be precondition for the administration of the sacrament. The celebration of the sacra- ments of Holy Orders and of marriage both include prayers and the consent of the present congregation as well as a special prayer in which Thomas Ruster, born in 1955 in Cologne, studied theology in Bonn and Paris. Since the candidates or the engaged couple ask God to 1995 he is Professor of Systematic Theol- give his mercy to this human undertaking. The ogy at the TU Dortmund, Germany. His couple’s consent is brought into the light of main fields of research include: theology God’s blessing. A marriage ceremony which con- of power; sacramental theology, mainly centrates not on an act of law but on praying for ministry and marriage. Among his recent God’s blessing and on the joy of receiving his publications are: Die neue Engelreligion: blessing would take a different form than the one Lichtgestalten – dunkle Machte, Kevelaer: we are used to. Maybe we would rediscover some Butzon & Bercker, 2010; Glauben macht precious old prayers which used to be spoken by den Unterschied: Das Credo, München: Kösel, 2010; …bis dass der Tod euch schei- the bride and groom. det? Die Unauflöslichkeit der Ehe und die wiederverheirateten Geschiedenen. Ein What has become apparent is that the discussion Lösungsvorschlag (co-authored with Heidi about the Church’s position towards divorced Ruster), München: Kösel, 2013. Christians who have remarried is not only a bur- den for the Lord’s Church. This is not about having to give up on the essence of the sacrament of marriage because circumstances have changed. Rather, the sacrament itself and its grace can shine in a new light – free of the connections binding it to a former order of society. Right now, the Church is about to discover an invalu- able treasure.

• Summary The Sacrament as Something Unique to the Catholic Church: Thoughts about Separating Nature, Contract and Sacrament

In order to find a solution for the contract concluded between bap- Church could recognize valid dilemma related to the Catholic tized Christians constitute a sac- marriages which are non-sacra- Church’s position towards rament, being thus indissoluble? mental and therefore dissoluble. divorced Christians who have And is the indissolubility of mar- In the midst of today’s relation- remarried it is necessary to review riage part of nature, of creation? ship chaos sacramental marriage the connections between the The author demonstrates that will be able to reveal its intrinsic three elements which are the separating the aforementioned value once it has been relieved of foundation for the Church’s elements is theologically possible its link to contract and natural teachings on marriage: sacrament and could be realized in canon law. – contract – nature. Does every law. Given this possibility, the

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