Whether in a case of divorce husband and wife should be judged on a par with each other?

❌ Objection 1 : It would seem that, in a case of divorce, husband and wife ought not to be judged on a par with each other. For divorce under the New Law takes the place of the divorce [repudium] recognized by the Old Law (Mt. 5:31,32). Now in the "repudium" husband and wife were not judged on a par with each other, since the husband could put away his wife, but not "vice versa." Therefore neither in divorce ought they to be judged on a par with each other.

❌ Objection 2 : Further, it is more opposed to the natural law that a wife have several husbands than that a husband have several wives: wherefore the latter has been sometimes lawful, but the former never. Therefore the wife sins more grievously in adultery than the husband, and consequently they ought not to be judged on a par with each other.

❌ Objection 3 : Further, where there is greater injury to one's neighbor, there is a greater sin. Now the adulterous wife does a greater injury to her husband, than does the adulterous husband to his wife, since a wife's adultery involves uncertainty of the offspring, whereas the husband's adultery does not. Therefore the wife's sin is the greater, and so they ought not to be judged on a par with each other.

❌ Objection 4 : Further, divorce is prescribed in order to punish the crime of adultery. Now it belongs to the husband who is the head of the wife (1 Cor. 11:3) to correct his wife, rather than "vice versa." Therefore they should not be judged on a par with each other for the purpose of divorce, but the husband ought to have the preference.

❌ Objection 5 : On the contrary, It would seem in this matter the wife ought to have the preference. For the more frail the sinner the more is his sin deserving of pardon. Now there is greater frailty in women than in men, for which reason Chrysostom [*Hom. xl in the Opus Imperfectum falsely ascribed to St. John Chrysostom] says that "lust is a passion proper to women," and the Philosopher says (Ethic. vii, 7) that "properly speaking women are not said to be continent on account of their being easily inclined to concupiscence," for neither can dumb animals be continent, because they have nothing to stand in the way of their desires. Therefore women are rather to be spared in the punishment of divorce.

❌ Objection 6 : Further, the husband is placed as the head of the woman in order to correct her. Therefore his sin is greater than the woman's and so he should be punished the more.