Canon LXXII.
An
orthodox man is not permitted
to marry an heretical woman, nor an orthodox woman to be joined to an
heretical man. But if anything of this kind appear to have been
done by any [we require them] to consider the marriage null, and that
the marriage be dissolved. For it is not fitting to mingle
together what should not be mingled, nor is it right that the sheep be
joined with the wolf, nor the lot of sinners with the portion of
Christ. But if any one shall transgress the things which we have
decreed let him be cut off. But if any who up to this time are
unbelievers and are not yet numbered in the flock of the orthodox have
contracted lawful marriage between themselves, and if then, one
choosing the right and coming to the light of truth and the other
remaining still detained by the bond of error and not willing to behold
with steady eye the divine rays, the unbelieving woman is pleased to
cohabit with the believing man, or the unbelieving man with the
believing woman, let them not be separated, according to the divine
Apostle, “for the unbelieving husband is sanctified by the wife,
and the unbelieving wife by her husband.”
Notes.
Ancient Epitome of Canon
LXXII.
A marriage contracted with heretics is void. But
if they have made the contract before [conversion] let them remain
[united] if they so desire.
Perhaps none of the canons of this synod present greater
and more insolvable difficulties than the present. It has been
for long centuries the tradition of the Church that the marriage of a
baptized Christian with an unbaptized person is null, but this canon
seems to say that the same is the case if the one party be a heretic
even though baptized. If this is what the canon means it elevates
heresy into an
impedimentum dirimens
. Such is not and
never has been the law of the West, and such is not to-day the practice
of the Eastern church, which allows the marriage of its people with
Lutherans and with Roman Catholics and never questions the validity of
their marriages. Van Espen thinks “the Greek commentators
seem” to think that the heretics referred to are unbaptized; I do
not know exactly why he thinks so.