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Justinian I · The Digest of Justinian §23.2.17.pr-23.2.17.2

Adoptive Siblings, Emancipation, and Aunts

Passage 3323 of 9271 · Latin

Summary

This section outlines the effects of adoptive sibling relationships on marriage, suggests emancipation to avoid legal obstacles, and prohibits marriage with aunts and great-aunts regardless of adoption.

[GAIUS libro undecimo ad edictum prouinciale. ] §23.2.17.prPer adoptionem quaesita fraternitas eousque impedit nuptias, donec manet adoptio: ideoque eam, quam pater meus adoptauit et emancipauit, potero uxorem ducere.
[GAIUS in the eleventh book on the Provincial Edict.] A relationship of brother and sister acquired through adoption obstructs marriage only so long as the adoption remains in force; and therefore, I shall be able to marry a woman whom my father adopted and then emancipated.
aeque et si me emancipato illam in potestatem retinuerit, poterimus iungi matrimonio.
Likewise, if I am emancipated while he retains her in his power, we shall be able to be joined in marriage.
§23.2.17.1Itaque uolenti generum adoptare suadetur, ut filiam emanciparet: similiter suadetur ei, qui nurum uelit adoptare, ut emancipet filium.
Therefore, it is advised to one who wishes to adopt a son-in-law that he should emancipate his daughter; similarly, it is advised to him who wishes to adopt a daughter-in-law that he should emancipate his son.
§23.2.17.2Amitam quoque et materteram, item magnam quoque amitam et materteram magnam prohibemur uxorem ducere, quamuis magna amita et matertera quarto gradu sint.
We are also forbidden to marry a paternal aunt and a maternal aunt, likewise also a great-paternal aunt and a great-maternal aunt, although a great-paternal aunt and a great-maternal aunt are in the fourth degree.
utique autem amitam et amitam magnam prohibemur uxorem ducere, etsi per adoptionem nobis coniunctae sint.
In any case, however, we are forbidden to marry a paternal aunt and a great-paternal aunt, even if they have been connected to us by adoption.

Notes

  1. §23.2.17.prme emancipato — Ablative absolute, expressing a conditional sense: "if I am emancipated" or "having been emancipated."
  2. §23.2.17.1emanciparet ... emancipet — Despite the main verb being the present "suadetur" in both instances, there is a shift from the imperfect subjunctive "emanciparet" to the present subjunctive "emancipet" in the object clauses. The former treats "suadetur" as a historical present, triggering the historical sequence of tenses.
  3. §23.2.17.2quamuis ... sint — The conjunction "quamuis" introduces a concessive clause with the subjunctive (sint) meaning "although." It emphasizes that marriage with a great-aunt is forbidden even though they are in the fourth degree (quarto gradu), which is a relatively distant relation.

Cite this passage

Justinian I, The Digest of Justinian §23.2.17.pr-23.2.17.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.17.pr-23.2.17.2

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