Правило 22 Василия Великого
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Those who have wives by kidnapping, and who have been betrothed to others, should not first be accepted for repentance, unless they are taken from them, and first the power will be given to those who are betrothed to them, either to take them if they wish, or to let them go. If anyone kidnaps an unbetrothed woman, then he must take her away, return her to her relatives, and surrender her to the will of her relatives, whether they be parents, brothers, or other guardians of the girl: and if they deign to give it to him, then let the cohabitation be firmly established; if they do not agree, then let them not be forced. He who takes a wife, after molesting her, either secretly or violently, must certainly accept the church punishment of fornication. The punishment for fornicators is determined to be four years. The first step is to remove them from prayers and cry to them at the church doors. Secondly, invite them to listen to the scriptures. The third is to repentance. In the fourth, to stand with the people, but withhold from communion. Then allow them to receive the Holy Mysteries.
(Ap. 67; IV Om. 27; Trul. 92, 98; Anchir. 11; Basil the Great. 25, 26, 30, 38, 40, 42, 69).
This rule speaks first of all about those who, by stealth (through abduction, έξ αρπαγής) appropriate an already betrothed maiden, and then about those who abduct a free, not betrothed maiden. Enough has been said about this in the interpretations of parallel rules, in particular in the interpretations of 27 rules of IV Omni. cathedral and 30 rules of Basil the Great. For such, Saint Basil prescribes that they should all be subjected to penance, according to existing rules. Regarding the first ones, i.e. who have kidnapped someone else's bride, Saint Basil prescribes that they should be allowed to repent only when they are separated from someone else's bride they kidnapped and when the latter is returned to her real groom, who, however, has the right to accept her or not. Regarding the one who kidnapped a free girl, Saint Basil prescribes that the kidnapped girl must also be taken from the kidnapper and returned to her parents or guardians, and that they then decide whether or not to give the girl to her kidnapper as a wife, i.e.
if, according to Zonara’s remark, the girl also gives her consent to this 57 . Whether such a marriage takes place, with the consent of the parents and the girl, or does not take place, the kidnapper, who secretly or by force desecrated (έκ διαφθοράς) the abducted woman, must be subjected to a four-year penance prescribed for fornicators, and only after surviving this can he be awarded Holy Communion. However, the present injunction of Basil the Great, lenient for the kidnapper, was not established in church practice, in order, probably, to prevent great evil and protect family peace: in church practice, injunction 27 of rule IV Ecumenical received predominance. Council, repeated by the 92 Trullan Rule, according to which the kidnapper was anathematized; commentators cite, as a valid law, the prescription of Greco-Roman legislation, according to which the marriage of a kidnapper with a kidnapped girl is prohibited, even if the girl’s parents agreed to it 58.
Zonara, as well as Balsamon and Aristin (Ath. Synth., IV, 152–153).
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