Canon II.

a woman shall have married

two brothers, let her be cast out [i.e. of communion] until her

death.  Nevertheless, at the hour of death she may, as an act of

mercy, be received to penance, provided she declare that she will break

the marriage, should she recover.  But if the woman in such a

marriage, or the man, die, penance for the survivor shall be very

difficult.

Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 1/The Council of Neocaesarea/Canons/Canon II

Notes.

Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 1/The Council of Neocaesarea/Canons/Canon II

A woman married to two brothers shall be expelled all

her life.  But if when near her death she promises that she will

loose the marriage should she recover, she shall be admitted to

penance.  But if one of those coupled together die, only with

great difficulty shall penitence be allowed to the one still

living.

Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 1/The Council of Neocaesarea/Canons/Canon II

It will be carefully observed that this canon has no

provision for the case of a man marrying two sisters.  It is the

prohibited degree of

brother’s wife, not that of wife’s sister which is in

consideration.  Of course those who hold that the affinity is the

same in each case will argue from this canon by parity of reasoning, and those who do not accept that position will refuse to do so.

In the Greek text of Balsamon (Vide Beveridge, Synod.) after the first clause is added, “if she will not be persuaded to loose the marriage.”

The meaning of this canon seems to be that which

Balsamon sets forth, to wit, that if a woman at the point of death or

in extremis promises that if she gets better she will dissolve

the marriage, or make a divorce, or abstain from the sacrilegious use

of matrimony, then “she may be received to penance as an act of

mercy”; and surely she is immediately absolved from the

excommunication inflicted upon her when she was cast out and extruded

from the Church.  For it is certain that according to the

discipline of the Fathers he was thought to be loosed from

excommunication whoever was admitted to penance, and it is of this that

the canon speaks; but he did not

obtain perfect reconciliation until his penance was done.

To this performance of penance this woman was to be

admitted if she got well and dissolved the marriage according to her

promise made when she was in peril of death, as the Greek commentators

note; and this too is the sense given by Isidore.

Footnotes