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Nor would I have written in the first place, if I did not consider the harm greater to refuse the request entirely, than to grant it imperfectly.

160. TO DIODORE

160.1 A letter has reached us bearing the name of Diodore, but its contents are more fitting for someone else than for Diodore. For it seems to me that some sophist, having assumed your person, wished in this way to make himself trustworthy to his listeners. When he was asked by someone whether it was lawful for him to marry his deceased wife's sister, he did not shudder at the question, but even bore hearing it calmly and very nobly and contentiously collaborated with him in his licentious desire. Now, if I had the letter, I would have sent it to you, and you would have been sufficient to defend both yourself and the truth. But since the one who showed it took it back again and was parading it around like some trophy against us, who had forbidden it from the beginning, saying that he had written authorization, I have now written to you so that we might come with a double hand against that spurious argument and leave it with no strength, so that it may not be able to easily harm those who encounter it.

160.2 First of all, then, what is most important in such matters, is our custom, which we can put forward as having the force of law because its ordinances were handed down to us by holy men. This custom is as follows: if anyone, ever overcome by a passion of impurity, falls into an unlawful union with two sisters, this is neither to be considered a marriage nor is he to be admitted at all into the body of the Church until they have been separated from one another. So that, even if there were nothing else to say, custom would suffice for guarding against this evil. But since the one who wrote the letter has attempted with a fraudulent argument to bring so great an evil into life, it is necessary that we not give up the help of reasoning; although on matters that are very clear, the preconceived notion in each person is stronger than argument.

160.3 It is written, he says, in Leviticus: "You shall not take a woman in addition to her sister as a rival, to uncover her nakedness upon her, while she is still alive." From this, he says, it is clear that it is permitted to take her after she has died. To this I will first say that whatever the Law says, it says to those under the Law, since otherwise we would be subject to circumcision and the Sabbath and abstinence from foods. For surely we will not, if we find something that runs with our pleasures, subject ourselves to the yoke of slavery to the Law; but if any of the legal precepts appears burdensome, then we will flee to the freedom that is in Christ. We were asked if it is written that one may take a wife in addition to her sister. We said, which is both safe for us and true, that it is not written. But to infer from consequence that which has been passed over in silence is the act of a legislator, not of one who states the law, since in this way it will be possible for anyone who wishes to dare to take the sister even while his wife is still alive. For this very same sophism also applies in that case. For it is written, he says: "You shall not take her as a rival," as though he did not forbid taking one who is not a rival. The one who pleads for the passion will define the character of the sisters as not jealous. Therefore, with the reason for which he forbade the cohabitation of both having been removed, what will be the impediment to taking the sisters? But these things are not written, we will say. But neither are those other things defined. And the idea of consequence gives license to both equally. But he should have gone back a little to what preceded the legislation and been freed from the trouble. For the lawgiver seems not to include every kind of sin, but specifically to forbid the practices of the Egyptians, from whom Israel departed, and those of the Canaanites, to whom they were moving. For the text runs thus: "According to the practices of the land of Egypt, in which you dwelt, you shall not do; and according to the practices of the land of Canaan, into which I am bringing you

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οὐδ' ἂν ἐπέστειλα τὴν ἀρχήν, εἰ μὴ μείζονα ἡγούμην τὴν βλάβην ἀρνήσασθαι τὴν αἴτησιν παντελῶς, ἢ ἐλλειπῶς παρασχέσθαι.

160.τ ∆ΙΟ∆ΩΡΩ

160.1 Ἀφίκετο ἡμῖν γράμματα τὴν ἐπιγραφὴν ἔχοντα ∆ιοδώ ρου, τὰ δὲ

ἐφεξῆς ἄλλου τινὸς πρέποντα εἶναι μᾶλλον ἢ ∆ιοδώρου. ∆οκεῖ γάρ μοί τις τῶν τεχνικῶν τὸ σὸν πρόσω πον ὑποδὺς οὕτως ἑαυτὸν ἀξιόπιστον ἐθελῆσαι ποιῆσαι τοῖς ἀκροωμένοις. Ὅς γε, ἐρωτηθεὶς ὑπό τινος εἰ θεμιτὸν αὐτὸν πρὸς γάμον ἀγαγέσθαι τῆς γυναικὸς τελευτησάσης τὴν ἀδελφήν, οὐκ ἔφριξε τὴν ἐρώτησιν, ἀλλὰ καὶ πράως ἤνεγκε τὴν ἀκοὴν καὶ τὸ ἀσελγὲς ἐπιθύμημα πάνυ γενναίως αὐτῷ καὶ ἀγωνιστικῶς συγκατέπραξεν. Εἰ μὲν οὖν παρῆν μοι τὸ γράμμα, αὐτὸ ἂν ἀπέστειλα καὶ ἐξήρκεις σαυτῷ τε ἀμῦναι καὶ τῇ ἀληθείᾳ. Ἐπεὶ δὲ ὁ δείξας πάλιν ἀφείλετο καὶ ὥσπερ τι τρόπαιον καθ' ἡμῶν περιέφερε, κεκωλυκότων τὸ ἐξ ἀρχῆς, ἔγγραφον ἔχειν λέγων τὴν ἐξουσίαν, ἐπέστειλα νῦν σοι ὥστε διπλῇ τῇ χειρὶ ἡμᾶς ἐλθεῖν ἐπὶ τὸν νόθον ἐκεῖνον λόγον καὶ μηδεμίαν αὐτῷ ἰσχὺν καταλι πεῖν, ἵνα μὴ ἔχῃ βλάπτειν ῥᾳδίως τοὺς ἐντυγχάνοντας. 160.2 Πρῶτον μὲν οὖν, ὃ μέγιστον ἐπὶ τῶν τοιούτων ἐστί, τὸ παρ' ἡμῖν ἔθος, ὃ ἔχομεν προβάλλειν νόμου δύναμιν ἔχον διὰ τὸ ὑφ' ἁγίων ἀνδρῶν τοὺς θεσμοὺς ἡμῖν παραδο θῆναι. Τοῦτο δὲ τοιοῦτόν ἐστιν· ἐάν τις πάθει ἀκαθαρσίας ποτὲ κρατηθεὶς ἐκπέσῃ πρὸς δυεῖν ἀδελφῶν ἄθεσμον κοινωνίαν, μήτε γάμον ἡγεῖσθαι τοῦτον μηδ' ὅλως εἰς Ἐκκλησίας πλήρωμα παραδέχεσθαι πρότερον ἢ διαλῦσαι αὐτοὺς ἀπ' ἀλλήλων. Ὥστε, εἰ καὶ μηδὲν ἕτερον εἰπεῖν ἦν, ἐξήρκει τὸ ἔθος πρὸς τὴν τοῦ κακοῦ φυλακήν. Ἐπεὶ δὲ ὁ τὴν ἐπιστολὴν γράψας ἐπιχειρήματι κιβδήλῳ κακὸν τοσοῦτον ἐπειράθη τῷ βίῳ ἐπαγαγεῖν, ἀνάγκη μηδὲ ἡμᾶς τῆς ἐκ τῶν λογισμῶν βοηθείας ὑφέσθαι· καίτοι γε ἐπὶ τῶν σφόδρα ἐναργῶν μείζων ἐστὶ τοῦ λόγου ἡ παρ' ἑκάστῳ πρόληψις. 160.3 Γέγραπται, φησίν, ἐν τῷ Λευιτικῷ· «Γυναῖκα ἐπ' ἀδελφῇ αὐτῆς οὐ λήψῃ ἀντίζηλον, ἀποκαλύψαι τὴν ἀσχη μοσύνην αὐτῆς ἐπ' αὐτῇ, ἔτι ζώσης αὐτῆς.» ∆ῆλον δ' οὖν ἐκ τούτου εἶναί φησιν ὅτι συγχωρεῖται λαμβάνειν τελευτησάσης. Πρὸς δὴ τοῦτο πρῶτον μὲν ἐκεῖνο ἐρῶ, ὅτι ὅσα ὁ Νόμος λέγει τοῖς ἐν τῷ Νόμῳ λέγει, ἐπεὶ οὕτω γε καὶ περιτομῇ καὶ Σαββάτῳ καὶ ἀποχῇ βρωμάτων ὑποκει σόμεθα. Οὐ γὰρ δή, ἐὰν μέν τι εὕρωμεν συντρέχον ἡμῶν ταῖς ἡδοναῖς, τῷ ζυγῷ τῆς δουλείας τοῦ Νόμου ἑαυτοὺς ὑποθήσομεν· ἐὰν δέ τι φανῇ βαρὺ τῶν νομίμων, τότε πρὸς τὴν ἐν Χριστῷ ἐλευθερίαν ἀποδραμούμεθα. Ἠρωτήθημεν εἰ γέγραπται λαμβάνειν γυναῖκα ἐπ' ἀδελφῇ. Εἴπομεν, ὅπερ ἀσφαλὲς ἡμῖν καὶ ἀληθές, ὅτι οὐ γέγραπται. Τὸ δ' ἐκ τῆς τοῦ ἀκολούθου ἐπιφορᾶς τὸ σιωπηθὲν συλλογίζεσθαι νομοθετοῦντός ἐστιν, οὐ τὰ τοῦ νόμου λέγοντος, ἐπεὶ οὕτω γε ἐξέσται τῷ βουλομένῳ κατατολμῆσαι καὶ ἔτι ζώσης τῆς γυναικὸς λαμβάνειν τὴν ἀδελφήν. Τὸ γὰρ αὐτὸ τοῦτο σόφισμα καὶ ἐπ' ἐκείνου ἁρμόζει. Γέγραπται γάρ, φησίν· «Οὐ λήψει ἀντίζηλον», ὡς τήν γε ἔξω τοῦ ζήλου λαβεῖν οὐκ ἐκώλυσεν. Ὁ δὴ συνηγορῶν τῷ πάθει ἀζηλότυ πον εἶναι διοριεῖται τὸ ἦθος τῶν ἀδελφῶν. Ἀνῃρημένης οὖν τῆς αἰτίας δι' ἣν ἀπηγόρευσε τὴν ἀμφοτέρων συνοί κησιν τί τὸ κωλύον ἔσται λαμβάνειν τὰς ἀδελφάς; Ἀλλ' οὐ γέγραπται ταῦτα, φήσομεν. Ἀλλ' οὐδὲ ἐκεῖνα ὥρισται. Ἡ δὲ ἔννοια τοῦ ἀκολούθου ὁμοίως ἀμφοτέροις τὴν ἄδειαν δίδωσιν. Ἔδει δὲ μικρὸν ἐπὶ τὰ κατόπιν τῆς νομοθεσίας ἐπαναδραμόντα ἀπηλλάχθαι πραγμάτων. Ἔοικε γὰρ οὐ πᾶν εἶδος ἁμαρτημάτων περιλαμβάνειν ὁ νομοθέτης, ἀλλ' ἰδίως ἀπαγορεύειν τὰ τῶν Αἰγυπτίων, ὅθεν ἀπῆρεν ὁ Ἰσραήλ, καὶ τὰ τῶν Χαναναίων, πρὸς οὓς μεθίσταται. Ἔχει γὰρ οὕτως ἡ λέξις· «Κατὰ τὰ ἐπιτηδεύματα γῆς Αἰγύπτου, ἐν ᾗ παρῳκήσατε ἐπ' αὐτῆς, οὐ ποιήσετε· καὶ κατὰ τὰ ἐπιτηδεύματα γῆς Χαναάν, εἰς ἣν ἐγὼ εἰσάξω ὑμᾶς