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The Indissolubility of Marriage in the Syro-Malabar Church

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The Indissolubility of Marriage in the Syro-Malabar Church Scaria Kanniyakonil THe Indissolubility of Marriage in the Syro-Malabar Church 1. Introduction The Roman Catholic Church has historically upheld the indissolubility of mar- riage. THe Council of Trent (session 24, canons 5, 6, 7) decreed that a Christian marriage bond endures until the death of one or both of the spouses. THe Church’s catechesis on indissolubility usually explains the benefits as a shared responsibil- ity in conjugal love, procreation, and the education of children, emphasizing the theological context of the relationship between Christ and the Church. THe recent increase in marital breakdown presents a challenge for the traditional teaching, since it seems at first glance that some marriage bonds do not last. THis raises the question of whether there may be some justifiable cases where separation and remarriage may be permitted. When looking at the history of Christian practice, one notices that the discipline of the Eastern Churches differs from that of the Roman Church. Orthodox Christians today admit remarriage in certain cases, grounding their practice in biblical principles. THe history of the Syro-Malabar treatment of marriage can provide important insight here. 1.1. THe Eastern Perspective on Remarriage THe Orthodox celebration of a second or even third marriage expresses an acceptance of the reality of marital failure. THe practice is explained as the appli- cation of God’s mercy, not the recognition of divorce. THis practice is known in the Orthodox Church as an application of oikonomia. In its strict sense, the word refers to God’s plan of salvation, but in this sense, it means the ability of the church to extend mercy when the reality of a person’s life does not conform to the ideal norms. It is “a principle of mercy employed when a norm is not met”.1 THe church plays an active role in the bestowal of God’s mercy such that, in the context of marriage discipline, it can judge that a marriage is so damaged that it is beyond saving and that the only recourse is to allow a second marriage for one 1 C.F. Frost: “THe Sacrament of Love: Marriage & Remarriage in the Orthodox Church”, in: Commonweal 143/4 (2016), 13-18, at 13. See also L. Örsy: “In Search of the Meaning of ­Oikonomia: Report on a Convention”, in: THeological Studies 43 (1982), 312-319, at 313. 106 Marriage, Families & Spirituality 24, 106-120. doi: 10.2143/INT.24.1.3284969 © 2018 by INTAMS/Peeters. All rights reserved S. Kanniyakonil or both of the spouses.2 A similar concept in regard to moral norms is found within the Catholic moral tradition under the name of epikeia,3 but this has not been applied to a possible second marriage. THe use of oikonomia is consistent with what Vechoor characterizes as the relational emphasis in Eastern Christian ethics, which always sees the juridical dimension within a relational context.4 It can be said to be an approach based on love rather than on the application of moral norms. In other words, Eastern Christians would explain that they permit remarriage in certain cases out of pastoral mercy or love. While the grounds for the possibility for remarriage differ from one Eastern Christian Church to another, a second or third marriage is today always seen as a sorrowful moment, as a recognition of the power of sin. THe admission to a second marriage does not promote or favor divorce but rather is seen as “giving sinners ‘a new chance’”.5 1.2. THe Contribution of the Syro-Malabar Tradition As the Greek Christians appeal to oikonomia, the Syro-Malabar tradition refers to m’rahmanoosa or m’rahmanutha.6 THe Syro-Malabar Church originally followed the Syrian liturgy and practice and was only Latinized through the colonizing work of the Portuguese. THus, while the church once operated with the idea of m’rahmanoosa/m’rahmanutha, it no longer does today. THe Synod of Diamper 2 THis application of mercy has been explained on the one hand by Basilio Petrà as “a virtuous habit, that attitude of prudence and measure, which shrinks from excess, namely from the oblivion of reality and from the forgetfulness of truth, as well as tending to come close to the ideal, as far as possible within the limits of a reality, marked by sin” and on the other by Edward Farrugia as “a practico-pastoral sense of Christian balance and a model for resolving ethical issues.” See B. Petrà: “Moral THeology in the Orthodox Tradition”, in: Ephrem’s THeological Journal 2 (1998), 12-24, at 22-23. E.G. Farrugia: “Christianity as a Society of Mourners, Introducing Eastern THeology”, in: P. Pallath (ed.): Catholic Eastern Churches Heritage and Identity, Rome: Mar Thoma Yogam, 1994, 54-55. 3 Epikeia refers to the application of a law according to its spirit rather than to the letter. It is found in THomas Aquinas, who considered it a virtue, following a similar treatment in Aristotle. See G. Virt: “Moral Norms and the Forgotten Virtue of Epikeia in the Pastoral Care of Divorced and Remarried”, in: Melita THeologica 63/1 (2013), 17-34 as well as K. Schlögl- Flierl: “Epikie, ein Movens für die Moraltheologie”, in: Studia Moralia 55 (2017), 65-97. 4 He argues that, for the East, ethical reflection “implies keeping the commandments of God and the precepts of the Church in a family spirit proper to the children of God, characterized by the generosity of heart/maximalism and longing for perfection of the heavenly Father.” D. Vechoor: “Catholic Moral THeology in the Light of the Communion Ecclesiology of Vatican II: Promises and Challenges”, available online at http://dukhrana.in/catholic-moral- theology-in-the-light-of-the-communion-ecclesiology-of-vatican-ii-promises-and-challenges (accessed 07.02.2018). See also M. Vellanickal: “Biblical Foundations of Ethics of the Syriac Orient”, in: S. Kanniyakonil (ed.): Ethical Perspectives of the Eastern Churches, Changanach- ery: HRIS, 2004, 43-53, at 43; and P. Connolly: “Contrasts in the Western and Eastern Approaches to Marriage”, in: Studia Canonica 35/2 (2001), 357-402. 5 J. Meyendorff: Marriage: An Orthodox Perspective, Crestwood, NY: St. Vladimir’s Seminary Press, 2000, 58. 6 In the Syro-Malabar tradition, M’dabranutha is used for the broader sense and M’rahmanoosa or M’rahmanutha for its application by the church to cases in need of mercy. 107 Marriage, Families & Spirituality 24 (2018) (1599) brought Syro-Malabar practice, including marriage practice, into conform- ity with the Roman Church. Since the historic and Syrian roots of the church are being renewed in liturgical and theological practice, it is reasonable to ask whether the possibility of the application of m’rahmanoosa/m’rahmanutha could be rightly restored to the Syro-Malabar marriage practice. THis article demonstrates that such a practice is evident before the Synod of Diamper. It first examines various Chaldean canonical sources. It then looks at the Chaldean marriage liturgy. THe next part of the article looks at the decrees of the Synod of Diamper and its effect on marriage. THe final part of the article looks at the renewal of the Syro- Malabar liturgy that has happened in recent years and poses the question of a possible renewal of the more ancient marital practice. THe article concludes with a reflection on how this church’s current understanding of marriage could be informed by the historical perspective and the broader tradition. 2. THe Understanding of Indissolubility in the Syro-Malabar Tradition before Diamper THe Syro-Malabar Church traces its origin to the ministry of THomas the Apostle in the first century.W hatever the actual historical roots of the church, it derives from the Seleucia-Ctesiphone tradition in its theology as well as in its linguistic, commercial, and cultural influences, reflecting a Sumero-Dravidian affinity.7 THe arrival of Portuguese missionaries in the 16th century divided the church into different denominations and traditions, separating it intoE astern Catholic and Oriental Orthodox Churches. As a result, the liturgy, theology, and ecclesial identity of THomas Christians changed, at least in those communities in union with Rome. THis change is reflected in both the liturgy and theology of marriage.8 7 M. Geddes: History of the Church of Malabar, London: Smith and Walford, 1694, 16-45; J. Hough: THe History of Christianity in India, 5 vol., London: Seeley and Burnside, 1839-1860; V. Aiya: THeT ravancore State Manual, vol. 2, Travancore: THeT ravancore Government Press, 1906, 103; A. Ayyer: Anthropology of Syrian Christians, Ernakulam: Cochin Govt. Press, 1926, 20; E. Tisserant: Eastern Christianity: A History of the Syro-Malabar Church from the Earliest Time to the Present Day, London: Longmans, 1957, 163; P. Podipara: THe THomas Christians, London: Darton, 1970, 101; X. Koodapuzha: Christianity in India, Kottayam: Oriental Institute of Religious Studies in India, 1998; M. Mundadan: History of Christianity in India, vol. 1: From the Beginning up to the Middle of the Sixteenth Century, Bangalore: THeological Publications of India, 1984; P. Podiapra: “Hindu in Culture, Christian in Religion, Oriental in Worship”, in: G. Menachery (ed.): THe St. THomas Christian Encyclopaedia of India, vol. 2, Trichur: Saint THomas Christian Encyclopaedia of India, 1973, 107; J. Kolengaden: “Culture and Traditions of the THomas Christians”, in: G. Menachery (ed.): THe St. THomas Christian Encyclopaedia of India, vol. 2, Trichur: Saint THomas Christian Encyclopaedia of India, 1973, 128; J. Kollaparambil: THe Sources of the Syro-Malabar Law, ed. S. Kokkaravalayil, ­Kottayam: OIRSI, 2015, 98; J. Puliurumpil: Syro-Malabar Church Towards Patriarchate, Kottayam: OIRSI, 2017. 8 L. Edekalathur: THe THeology of Marriage in the East Syrian Tradition, Rome: Mar THoma Yogam, 1994, 70. 108 S.
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