The regulations of the Mosaic law, based on considerations of relationship, are contained in Leviticus, xviii.The design of the legislator was apparently to give an exhaustive list of prohibitions; he not only gives examples of degrees of relationship, but he specifies the prohibitions which are strictly parallel to each other, e.g.There was some really groundless discussion in the eighteenth century as to whether a step-father could marry the widow of his deceased stepson; but it was authoritatively decided, as Benedict XIV states (De Syn.Dioec., IX, xii) that there was no impediment to their marriage, it having been done away with by the Fourth Council of Lateran.The prohibition became slowly more extensive till, in 1059, the eleventh canon of the Council of Rome recognizes the impediment of affinity as well as of consanguinity to extend to the seventh degree.This probably arose from the need of mingling the various barbarian races through marriage, an end that was effected by the extension of prohibitions of marriage between persons related. iv, De Ref.) limited the juridical effect of the extra-matrimonial intercourse to the second degree of affinity.Before the Fourth Council of Lateran two other kinds of affinity were recognized as an impediment to marriage.
The degrees of affinity are determined by the same rule as the degree of blood-relationship.
A relationship arising from the carnal intercourse of a man and a woman, sufficient for the generation of children, whereby the man becomes related to the woman's blood-relatives and the woman to the man's.
If this intercourse is between husband and wife, this relationship extends to the fourth degree of consanguinity, and the degree of affinity coincides with that of blood relationship. Therefore the relatives of the man do not become relatives of the woman's relatives, neither do those of the woman become relatives of the man's relatives.
Titius dies and Sarah contracts and consummates marriage with Robert.
The blood-relatives of Bertha, akin by second kind to Sarah, become akin by the third kind of affinity to Robert.
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