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

Reply Obj. 1: As the children of Israel had been delivered by the Lord from slavery, and for this reason were bound to the service of G.o.d, He did not wish them to be slaves in perpetuity. Hence it is written (Lev. 25:39, seqq.): ”If thy brother, constrained by poverty, sell himself to thee, thou shalt not oppress him with the service of bondservants: but he shall be as a hireling and a sojourner ... for they are My servants, and I brought them out of the land of Egypt: let them not be sold as bondmen”: and consequently, since they were slaves, not absolutely but in a restricted sense, after a lapse of time they were set free.

Reply Obj. 2: This commandment is to be understood as referring to a servant whom his master seeks to kill, or to help him in committing some sin.

Reply Obj. 3: With regard to the ill-treatment of servants, the Law seems to have taken into consideration whether it was certain or not: since if it were certain, the Law fixed a penalty: for maiming, the penalty was forfeiture of the servant, who was ordered to be given his liberty: while for slaying, the punishment was that of a murderer, when the slave died under the blow of his master. If, however, the hurt was not certain, but only probable, the Law did not impose any penalty as regards a man's own servant: for instance if the servant did not die at once after being struck, but after some days: for it would be uncertain whether he died as a result of the blows he received. For when a man struck a free man, yet so that he did not die at once, but ”walked abroad again upon his staff,” he that struck him was quit of murder, even though afterwards he died.

Nevertheless he was bound to pay the doctor's fees incurred by the victim of his a.s.sault. But this was not the case if a man killed his own servant: because whatever the servant had, even his very person, was the property of his master. Hence the reason for his not being subject to a pecuniary penalty is set down as being ”because it is his money.”

Reply Obj. 4: As stated above (ad 1), no Jew could own a Jew as a slave absolutely: but only in a restricted sense, as a hireling for a fixed time. And in this way the Law permitted that through stress of poverty a man might sell his son or daughter. This is shown by the very words of the Law, where we read: ”If any man sell his daughter to be a servant, she shall not go out as bondwomen are wont to go out.” Moreover, in this way a man might sell not only his son, but even himself, rather as a hireling than as a slave, according to Lev.

25:39, 40: ”If thy brother, constrained by poverty, sell himself to thee, thou shalt not oppress him with the service of bondservants: but he shall be as a hireling and a sojourner.”

Reply Obj. 5: As the Philosopher says (Ethic. x, 9), the paternal authority has the power only of admonition; but not that of coercion, whereby rebellious and headstrong persons can be compelled. Hence in this case the Lord commanded the stubborn son to be punished by the rulers of the city.

Reply Obj. 6: The Lord forbade them to marry strange women on account of the danger of seduction, lest they should be led astray into idolatry. And specially did this prohibition apply with respect to those nations who dwelt near them, because it was more probable that they would adopt their religious practices. When, however, the woman was willing to renounce idolatry, and become an adherent of the Law, it was lawful to take her in marriage: as was the case with Ruth whom Booz married. Wherefore she said to her mother-in-law (Ruth 1:16): ”Thy people shall be my people, and thy G.o.d my G.o.d.” Accordingly it was not permitted to marry a captive woman unless she first shaved her hair, and pared her nails, and put off the raiment wherein she was taken, and mourned for her father and mother, in token that she renounced idolatry for ever.

Reply Obj. 7: As Chrysostom says (Hom. xlviii super Matth.), ”because death was an unmitigated evil for the Jews, who did everything with a view to the present life, it was ordained that children should be born to the dead man through his brother: thus affording a certain mitigation to his death. It was not, however, ordained that any other than his brother or one next of kin should marry the wife of the deceased, because” the offspring of this union ”would not be looked upon as that of the deceased: and moreover, a stranger would not be under the obligation to support the household of the deceased, as his brother would be bound to do from motives of justice on account of his relations.h.i.+p.” Hence it is evident that in marrying the wife of his dead brother, he took his dead brother's place.

Reply Obj. 8: The Law permitted a wife to be divorced, not as though it were just absolutely speaking, but on account of the Jews'

hardness of heart, as Our Lord declared (Matt. 19:8). Of this, however, we must speak more fully in the treatise on Matrimony (Supp., Q. 67).

Reply Obj. 9: Wives break their conjugal faith by adultery, both easily, for motives of pleasure, and hiddenly, since ”the eye of the adulterer observeth darkness” (Job 24:15). But this does not apply to a son in respect of his father, or to a servant in respect of his master: because the latter infidelity is not the result of the l.u.s.t of pleasure, but rather of malice: nor can it remain hidden like the infidelity of an adulterous woman.

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QUESTION 106

OF THE LAW OF THE GOSPEL, CALLED THE NEW LAW, CONSIDERED IN ITSELF (In Four Articles)

In proper sequence we have to consider now the Law of the Gospel which is called the New Law: and in the first place we must consider it in itself; secondly, in comparison with the Old Law; thirdly, we shall treat of those things that are contained in the New Law. Under the first head there are four points of inquiry:

(1) What kind of law is it? i.e. Is it a written law or is it instilled in the heart?

(2) Of its efficacy, i.e. does it justify?

(3) Of its beginning: should it have been given at the beginning of the world?

(4) Of its end: i.e. whether it will last until the end, or will another law take its place?

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FIRST ARTICLE [I-II, Q. 106, Art. 1]

Whether the New Law Is a Written Law?

Objection 1: It would seem that the New Law is a written law. For the New Law is just the same as the Gospel. But the Gospel is set forth in writing, according to John 20:31: ”But these are written that you may believe.” Therefore the New Law is a written law.

Obj. 2: Further, the law that is instilled in the heart is the natural law, according to Rom. 2:14, 15: ”(The Gentiles) do by nature those things that are of the law ... who have [Vulg.: 'show'] the work of the law written in their hearts.” If therefore the law of the Gospel were instilled in our hearts, it would not be distinct from the law of nature.

Obj. 3: Further, the law of the Gospel is proper to those who are in the state of the New Testament. But the law that is instilled in the heart is common to those who are in the New Testament and to those who are in the Old Testament: for it is written (Wis. 7:27) that Divine Wisdom ”through nations conveyeth herself into holy souls, she maketh the friends of G.o.d and prophets.” Therefore the New Law is not instilled in our hearts.

_On the contrary,_ The New Law is the law of the New Testament. But the law of the New Testament is instilled in our hearts. For the Apostle, quoting the authority of Jeremiah 31:31, 33: ”Behold the days shall come, saith the Lord; and I will perfect unto the house of Israel, and unto the house of Judah, a new testament,” says, explaining what this statement is (Heb. 8:8, 10): ”For this is the testament which I will make to the house of Israel ... by giving [Vulg.: 'I will give'] My laws into their mind, and in their heart will I write them.” Therefore the New Law is instilled in our hearts.

_I answer that,_ ”Each thing appears to be that which preponderates in it,” as the Philosopher states (Ethic. ix, 8). Now that which is preponderant in the law of the New Testament, and whereon all its efficacy is based, is the grace of the Holy Ghost, which is given through faith in Christ. Consequently the New Law is chiefly the grace itself of the Holy Ghost, which is given to those who believe in Christ. This is manifestly stated by the Apostle who says (Rom.

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