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All Collections > The Ordinatio of John Duns Scotus > Ordinatio. Book 4. Distinctions 14 - 42. > book four. distinctions 14 - 42 > thirty third distinction > question three. whether in the mosaic law it was licit to repudiate a wife > i. to the question > b. second opinion > 1. exposition of the opinion
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The Ordinatio of John Duns Scotus
cover
Ordinatio. Book 4. Distinctions 14 - 42.
Book Four. Distinctions 14 - 42
Thirty Third Distinction
Question Three. Whether in the Mosaic Law it was Licit to Repudiate a Wife
I. To the Question
B. Second Opinion
1. Exposition of the Opinion

1. Exposition of the Opinion

78. Another opinion says that the giving of a bill [of divorce] and repudiation of a wife was licit for the time of the Mosaic Law; because Moses announced the Law of God, and therefore those whom he as legislator joined together and announced it, God too joined together; and those whom he separated God too separated; and God can separate those who are matrimonially joined together.

79. Again, according to Augustine, Letter 40 to Jerome ch.3 n.3 (and it is in Gratian, Decretum, p.1 d.9 ch.7), “If useful lies were admitted into the Sacred Scriptures, what would remain of authority in them?” As if he were to say, “Nothing.” And the reason is that whatever authority be brought forward to repulse a heretic, the heretic will reply that it was spoken as a lie, a jocose or officious lie, just like that one too somewhere else [cf. Ord. IV d.3 n.178]. Therefore, by similarity, if a heretic not have anything in Scripture, he will not have authority by any prescriptive authority in Scripture.

80. Likewise about advice; if any advice given in Scripture were not healthy or useful to keep, there would be no authority of observance in Scripture; therefore, by similarity, if there were any concession in Scripture about anything illicit, as this one [about repudiation], it follows that no concession of Scripture will have authority to show that the thing conceded is licit. For as concession is related to what is licit, so precept is related to what must necessarily be done, or warning or advice to what is useful. For just as a precept is not about anything that is not necessarily to be done, so neither is a concession about anything save what can licitly be done.

81. Again, a just law should not directly give occasion to sin mortally; but this concession seemed to be an occasion directly for the Jews to dismiss their wives; for if it had not been written down, they would no more have dismissed them than the fathers before the Law of Moses did; therefore, either that dismissal was not mortal sin, or the Law was not just.