Правило 40 Василия Великого

Against the will of her master, she who has given herself to her husband commits fornication. If after this, with permission, she uses marriage, she is recognized as having entered into a legal marriage. Therefore the first is fornication, and the last is marriage. For the conditions of others who are in sovereignty have nothing firm. (Ap. 82; IV Universe. 4; Trul. 85; Gangr. 3; Carth. 82; Basil the Great. 22, 38, 42, 53). This rule is a further addition to Rule 38 of St. Basil. Based on the provision of Roman law, according to which contracts (σονθήκαι, pacta conventa) of persons dependent on others (τών υπεξοοσίων) have no legal force 81, Saint Basil considers invalid a marriage contract concluded by a slave (δούλη) with by anyone, and such a woman is declared a harlot, and her marriage is fornication. If such a woman subsequently receives freedom or consent to marriage from her master (τού κυρίου αύτής), in this case Saint Basil allows their previous relationship to be considered a marriage, without, of course, releasing the subject persons from the penance prescribed for fornicators for their previous illegal relationship. According to the teachings of ancient Roman law, “a slave is completely without rights, not only according to jus civile, but also according to jus gentium, for slavery refers not only to that right, but also to jus gentium. A slave is not considered a person (person), slavery removes a person from the circle of entitled beings, it makes him a thing, like an animal, a subject of property and arbitrary disposal of his master.” Puchta, Cursus der Institutionen. Leipzig, 1857. II, 432. Cp. and mention op. Τrοplοng, De l'influence etc., p. 149 et seq. You might be interested in: