Правило 38 Василия Великого

Young women who commit fornication without their father’s permission commit fornication. But by reconciling with parents, this matter seems to have healing. However, they are not immediately allowed to participate, but are prohibited for three years. (Basily Vel. 22, 40, 42). In ancient Roman law there was a law according to which a valid marriage (justum matrimonium) could be concluded, among other things, with the consent of elders: parents, guardians, rulers; any marriage concluded without observing these conditions was not considered legal 79. This prescription of Roman law was based on the relationships determined by nature and divine law between parents and children, elders and younger. And although this precept of Roman law was respected by the church from its very foundation, nevertheless, in view of the non-existence of a categorical precept in church legislation, there was doubt whether the mentioned precept of Roman law had binding force for the church. In view of this, Amphilochius turned to Basil for clarification on this issue, to which Basil answered him in his 22nd rule, and in more detail in the present (38), 40 and 42 rules. “Young women who commit fornication without their father’s permission commit fornication,” says Basil the Great in this rule, and this shows how important the consent of the parents is for the legality of marriage. Regarding girls who married without the consent of their parents, Saint Basil orders that they be deprived of Holy Communion for three years, and only if the parents additionally gave their consent to the marriage, otherwise such a marriage must be dissolved as illegal. Regarding other things, see the interpretations of 40 and 42 rules of the same holy father. We have given the corresponding order of the Institutes of Justinian, as it appears in Basiliki, in the 13th note of § 181 of our op. “Right. tsrkveno right" (2nd Serbian ed., p. 621) [cf. rus. lane from 1st Serb. ed., § 159, note. 12, p. 593]. You might be interested in: