Works of Martin Luther, with Introductions and Notes (Volume II)Luther, Martin
ReligionChristian
Works of Martin Luther, with Introductions and Notes (Volume II)
Luther, Martin
Lutheran Church -- Early works to 1800; Theology -- History -- 16th century -- Early works to 1800
Take the following case. A woman, wed to an impotent man, is unable to
prove her husband's impotence before court, or perhaps she is
unwilling to do so with the mass of evidence and all the notoriety
which the law demands; yet she is desirous of having children or is
unable to remain continent. Now suppose I had counseled her to demand
a divorce from her husband in order to marry another, satisfied that
her own and her husband's conscience and their experience were ample
testimony of his impotence; but the husband refused his consent to
this. Then suppose I should further counsel her, with the consent of
the man (who is not really her husband, but merely a dweller under the
same roof with her), to give herself to another, say her husband's
brother, but to keep this marriage secret and to ascribe the children
to the so-called putative father. The question is: Is such a woman in
a saved state? I answer, Certainly. Because in this case the error and
ignorance of the man's impotence are a hindrance to the marriage; the
tyranny of the laws permits no divorce; the woman is free through the
divine law, and cannot be compelled to remain continent. Therefore the
man ought to yield her this right, and let another man have her as
wife whom he has only in outward appearance.
Moreover, if the man will not give his consent, or agree to this
division,--rather than allow the woman to burn or to commit adultery,
I should counsel her to contract a marriage with another and flee to
distant parts unknown. What other counsel could be given to one
constantly in danger from lust? Now I know that some are troubled by
the act that then the children of this secret marriage are not the
rightful heirs of their putative father. But if it was done with the
consent of the husband, then the children will be the rightful heirs.
If, however, it was done without his knowledge or against his will,
then let unbiased Christian reason, nay, let Christian charity, decide
which of the two has done the greater injury to the other. The wife
alienates the inheritance, but the husband has deceived his wife and
is completely defrauding her of her body and her life. Is not the sin
of the man who wastes his wife's body and life a greater sin than that
of the woman who merely alienates the temporal goods of her husband?
Let him, therefore, agree to a divorce, or else be satisfied with
strange heirs; for by his own fault he deceived the innocence of a
maiden and defrauded her of the proper use of her body, besides giving
her a wellnigh irresistible opportunity to commit adultery. Let both
be weighed in the same scales. Certainly, by every right, deceit
should all back on the deceiver, and whoever has done an injury must
make it good. What is the difference between such a husband and the
man who holds another's wife captive together with her husband? Is not
such a tyrant compelled to support wife and children and husband, or
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