Part II (Pars Prima Secundae) Part 170 (1/2)

Reply Obj. 3: It was not the intention of the Law to sanction the acceptance of usury from strangers, but only to tolerate it on account of the p.r.o.neness of the Jews to avarice; and in order to promote an amicable feeling towards those out of whom they made a profit.

Reply Obj. 4: A distinction was observed with regard to hostile cities. For some of them were far distant, and were not among those which had been promised to them. When they had taken these cities, they killed all the men who had fought against G.o.d's people; whereas the women and children were spared. But in the neighboring cities which had been promised to them, all were ordered to be slain, on account of their former crimes, to punish which G.o.d sent the Israelites as executor of Divine justice: for it is written (Deut.

9:5) ”because they have done wickedly, they are destroyed at thy coming in.” The fruit-trees were commanded to be left untouched, for the use of the people themselves, to whom the city with its territory was destined to be subjected.

Reply Obj. 5: The builder of a new house, the planter of a vineyard, the newly married husband, were excluded from fighting, for two reasons. First, because man is wont to give all his affection to those things which he has lately acquired, or is on the point of having, and consequently he is apt to dread the loss of these above other things. Wherefore it was likely enough that on account of this affection they would fear death all the more, and be so much the less brave in battle. Secondly, because, as the Philosopher says (Phys.

ii, 5), ”it is a misfortune for a man if he is prevented from obtaining something good when it is within his grasp.” And so lest the surviving relations should be the more grieved at the death of these men who had not entered into the possession of the good things prepared for them; and also lest the people should be horror-stricken at the sight of their misfortune: these men were taken away from the danger of death by being removed from the battle.

Reply Obj. 6: The timid were sent back home, not that they might be the gainers thereby; but lest the people might be the losers by their presence, since their timidity and flight might cause others to be afraid and run away.

________________________

FOURTH ARTICLE [I-II, Q. 105, Art. 4]

Whether the Old Law Set Forth Suitable Precepts About the Members of the Household?

Objection 1: It would seem that the Old Law set forth unsuitable precepts about the members of the household. For a slave ”is in every respect his master's property,” as the Philosopher states (Polit. i, 2). But that which is a man's property should be his always.

Therefore it was unfitting for the Law to command (Ex. 21:2) that slaves should ”go out free” in the seventh year.

Obj. 2: Further, a slave is his master's property, just as an animal, e.g. an a.s.s or an ox. But it is commanded (Deut. 22:1-3) with regard to animals, that they should be brought back to the owner if they be found going astray. Therefore it was unsuitably commanded (Deut.

23:15): ”Thou shalt not deliver to his master the servant that is fled to thee.”

Obj. 3: Further, the Divine Law should encourage mercy more even than the human law. But according to human laws those who ill-treat their servants and maidservants are severely punished: and the worse treatment of all seems to be that which results in death. Therefore it is unfittingly commanded (Ex. 21:20, 21) that ”he that striketh his bondman or bondwoman with a rod, and they die under his hands ... if the party remain alive a day ... he shall not be subject to the punishment, because it is his money.”

Obj. 4: Further, the dominion of a master over his slave differs from that of the father over his son (Polit. i, 3). But the dominion of master over slave gives the former the right to sell his servant or maidservant. Therefore it was unfitting for the Law to allow a man to sell his daughter to be a servant or handmaid (Ex. 21:7).

Obj. 5: Further, a father has power over his son. But he who has power over the sinner has the right to punish him for his offenses.

Therefore it is unfittingly commanded (Deut. 21:18, seqq.) that a father should bring his son to the ancients of the city for punishment.

Obj. 6: Further, the Lord forbade them (Deut. 7:3, seqq.) to make marriages with strange nations; and commanded the dissolution of such as had been contracted (1 Esdras 10). Therefore it was unfitting to allow them to marry captive women from strange nations (Deut. 21:10, seqq.).

Obj. 7: Further, the Lord forbade them to marry within certain degrees of consanguinity and affinity, according to Lev. 18.

Therefore it was unsuitably commanded (Deut. 25:5) that if any man died without issue, his brother should marry his wife.

Obj. 8: Further, as there is the greatest familiarity between man and wife, so should there be the staunchest fidelity. But this is impossible if the marriage bond can be sundered. Therefore it was unfitting for the Lord to allow (Deut. 24:1-4) a man to put his wife away, by writing a bill of divorce; and besides, that he could not take her again to wife.

Objection 9: Further, just as a wife can be faithless to her husband, so can a slave be to his master, and a son to his father. But the Law did not command any sacrifice to be offered in order to investigate the injury done by a servant to his master, or by a son to his father. Therefore it seems to have been superfluous for the Law to prescribe the ”sacrifice of jealousy” in order to investigate a wife's adultery (Num. 5:12, seqq.). Consequently it seems that the Law put forth unsuitable judicial precepts about the members of the household.

_On the contrary,_ It is written (Ps. 18:10): ”The judgments of the Lord are true, justified in themselves.”

_I answer that,_ The mutual relations of the members of a household regard everyday actions directed to the necessities of life, as the Philosopher states (Polit. i, 1). Now the preservation of man's life may be considered from two points of view. First, from the point of view of the individual, i.e. in so far as man preserves his individuality: and for the purpose of the preservation of life, considered from this standpoint, man has at his service external goods, by means of which he provides himself with food and clothing and other such necessaries of life: in the handling of which he has need of servants. Secondly man's life is preserved from the point of view of the species, by means of generation, for which purpose man needs a wife, that she may bear him children. Accordingly the mutual relations of the members of a household admit of a threefold combination: viz. those of master and servant, those of husband and wife, and those of father and son: and in respect of all these relations.h.i.+ps the Old Law contained fitting precepts. Thus, with regard to servants, it commanded them to be treated with moderation--both as to their work, lest, to wit, they should be burdened with excessive labor, wherefore the Lord commanded (Deut.

5:14) that on the Sabbath day ”thy manservant and thy maidservant”

should ”rest even as thyself”--and also as to the infliction of punishment, for it ordered those who maimed their servants, to set them free (Ex. 21:26, 27). Similar provision was made in favor of a maidservant when married to anyone (Ex. 21:7, seqq.). Moreover, with regard to those servants in particular who were taken from among the people, the Law prescribed that they should go out free in the seventh year taking whatever they brought with them, even their clothes (Ex. 21:2, seqq.): and furthermore it was commanded (Deut.

15:13) that they should be given provision for the journey.

With regard to wives the Law made certain prescriptions as to those who were to be taken in marriage: for instance, that they should marry a wife from their own tribe (Num. 36:6): and this lest confusion should ensue in the property of various tribes. Also that a man should marry the wife of his deceased brother when the latter died without issue, as prescribed in Deut. 25:5, 6: and this in order that he who could not have successors according to carnal origin, might at least have them by a kind of adoption, and that thus the deceased might not be entirely forgotten. It also forbade them to marry certain women; to wit, women of strange nations, through fear of their losing their faith; and those of their near kindred, on account of the natural respect due to them. Furthermore it prescribed in what way wives were to be treated after marriage. To wit, that they should not be slandered without grave reason: wherefore it ordered punishment to be inflicted on the man who falsely accused his wife of a crime (Deut. 22:13, seqq.). Also that a man's hatred of his wife should not be detrimental to his son (Deut. 21:15, seqq.).

Again, that a man should not ill-use his wife through hatred of her, but rather that he should write a bill of divorce and send her away (Deut. 24:1). Furthermore, in order to foster conjugal love from the very outset, it was prescribed that no public duties should be laid on a recently married man, so that he might be free to rejoice with his wife.

With regard to children, the Law commanded parents to educate them by instructing them in the faith: hence it is written (Ex. 12:26, seqq.): ”When your children shall say to you: What is the meaning of this service? You shall say to them: It is the victim of the pa.s.sage of the Lord.” Moreover, they are commanded to teach them the rules of right conduct: wherefore it is written (Deut. 21:20) that the parents had to say: ”He slighteth hearing our admonitions, he giveth himself to revelling and to debauchery.”