Folia Canonica 11. (2008)
STUDIES - George D. Gallaro: Oikonomia and Marriage Dissolution in the Christian East
112 GEORGE D. GALLARO After the legislation of Emperor Leo VI, which did not recognize the validity of any marriage celebrated without a religious rite, the Byzantine Church devised a rite also for the marriage of widowers, which has been maintained to this day. Although, in the latest version, it has many elements taken from the liturgy for a monogamous marriage, still the prayers differ considerably and they sound like a penitential rite, in direct contrast with the monogamous celebration which is a glorification of the mystery of Incarnation, according to the theological view exposed above.40 In the Christian West, it would seem that second marriages of widowers were celebrated and allowed not as part of economy but considered altogether normal. However, it should not be forgotten that the Roman liturgy also had a rite for second marriages different from the rite for monogamous marriages.41 The Roman liturgy has preserved very ancient elements, often in contrast with the canon law of the Western practice and more in conformity with the Eastern theology and discipline. Therefore we are led to believe that, at least in the first centuries, there was uniformity in this area both in the West and in the East. The unity and indissolubility of marriage are closely linked together in the Christian view; the rigor adopted for the second marriages of widowers leads us to be very cautious in judging the second marriages of divorced persons. In conclusion, we should take note that, after tolerating the second and third marriage, no subsequent marriages are admitted in the Eastern tradition from the early century to this day; and in fact a third such marriage is a diriment impediment for any subsequent marriage. Economy and Indissolubility of Marriage If we examine the early centuries Eastern Church’s practice concerning the subsequent marriages of widows and widowers, we will come to the conclusion that the shepherds of souls were not led to tolerate new marriages for divorced persons by levity or laxity, but by far different reasons and contributing forces. When people assert — and in our days it is done with incredible ease — that the Eastern Christian tradition accepts divorce, they utter an inaccurate and nonsensical assertion. The theological concept of marriage is such in the Greek 40 It is, however, an established fact in the Eastern canonical legislation that the third marriage — namely the second marriage of a widower - constitutes an impediment impossible to dispense for a subsequent marriage. The fourth marriage of a widower is impossible in the Christian East. As said above, ecclesiastics must be absolutely monogamous, and widowers who remarry cannot accede to the sacred orders. Even the widows of priests and deacons cannot enter into a new marriage. Indeed, having become ‘one flesh’ with the ecclesiastics they are bound by the same laws, namely by Christian perfection. 41 Joyce, op. cit., Monogamy: Second and Subsequent Marriages, 560-597.
