Expert opinion on the admissibility of a second marriage of Wolf Hayn. 1)
In the Weimar Archive, collated copy from 0, p. 508. Printed by Burkhardt, p. 254.
G. and peace in Christ! Honorable, dear good friends! On account of your writing on the matter of marriage, which you have indicated, it is my judgment that the man who has been the husband of the senseless woman is not at all obliged to marry the woman who has become pregnant by him before the woman dies, because no betrothal has taken place. But there it is. He would be obliged to marry her and bring her back to honor, because she was humiliated by him or made null and void, as the scripture says.
1) Burkhardt remarks about the situation: Wolf Hahn zu Zwenitz, whose wife had gone mad shortly after the wedding and was wandering, had impregnated a related maid (his brother's granddaughter). He had been drafted by the courts, the captain of Grünhain. The court (on Nov. 5, 1536) spoke out against the marriage; consequently, the conclusion of the marriage and the cohabitation of both was only permitted outside the Churfürstenthum, despite repeated requests until 1542.
ohu that the friendship or the marriage is too close according to spiritual law. But if you can keep it from your authorities that they suffer such marriage, then my advice is that they should be allowed to remain conjugally with each other. For such a union is not forbidden by God and imperial law, but for the sake of the courage of wicked people such an example is not to be admitted for law, although in the case such may be admitted and tolerated by some after the fact, as has happened here. 2) For if the woman would not be weakened, it should not be tolerated in 3) any way, for the sake of the wild people. But because it is done, one may let it be good, where the authorities want to be satisfied, and may then spare no conscience in it, because it tolerates imperial (law). Hiemit GOtt befohlen, Amen. Tuesday 4) after Viti [June 20] 1536.
Martinus Luther, D.
No. 2253a