Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 2/Canons/Canon XCIII

Canon XCIII.

the wife of a man who has gone away and does not appear, cohabit with another before she is assured of the death of the first, she is an adulteress.&#160; The wives of soldiers who have married husbands who do not appear are in the same case; as are also they who on account of the wanderings of their husbands do not wait for their return.&#160; But the circumstance here has some excuse, in that the suspicion of his death becomes very great.&#160; But she who in ignorance has married a man who at the time was deserted by his wife, and then is dismissed because his first wife returns to him, has indeed committed fornication, but through ignorance; therefore she is not prevented from marrying, but it is better if she remain as she is.&#160; If a soldier shall return after a long time, and find his wife on account of his long absence has been united to another man, if he so wishes, he may receive his own wife [back again], pardon being extended in consideration of their ignorance both to her and to the man who took her home in second marriage.

Notes.

A woman who when her husband does not turn up, before she is certain he is dead, takes another commits adultery.&#160; But when the man returns he may receive her again, if he so elects.

Compare in the Corpus Juris Canonici, Gratian&#8217;s Decretum, Pars II., Causa xxxiv., Qu&#230;st. I. and II.&#160; Epistle of St. Leo to Nicetas.&#160; Also compare of St. Basil&#8217;s canon&#8217;s xxxj., xxxvj., and xlvj.