Part III (Secunda Secundae) Part 101 (2/2)

THIRD ARTICLE [II-II, Q. 62, Art. 3]

Whether It Suffices to Restore the Exact Amount Taken?

Objection 1: It would seem that it is not sufficient to restore the exact amount taken. For it is written (Ex. 22:1): ”If a man shall steal an ox or a sheep and kill or sell it, he shall restore five oxen for one ox, and four sheep for one sheep.” Now everyone is bound to keep the commandments of the Divine law. Therefore a thief is bound to restore four- or fivefold.

Obj. 2: Further, ”What things soever were written, were written for our learning” (Rom. 15:4). Now Zachaeus said (Luke 19:8) to our Lord: ”If I have wronged any man of any thing, I restore him fourfold.”

Therefore a man is bound to restore several times over the amount he has taken unjustly.

Obj. 3: Further, no one can be unjustly deprived of what he is not bound to give. Now a judge justly deprives a thief of more than the amount of his theft, under the head of damages. Therefore a man is bound to pay it, and consequently it is not sufficient to restore the exact amount.

_On the contrary,_ Rest.i.tution re-establishes equality where an unjust taking has caused inequality. Now equality is restored by repaying the exact amount taken. Therefore there is no obligation to restore more than the exact amount taken.

_I answer that,_ When a man takes another's thing unjustly, two things must be considered. One is the inequality on the part of the thing, which inequality is sometimes void of injustice, as is the case in loans. The other is the sin of injustice, which is consistent with equality on the part of the thing, as when a person intends to use violence but fails.

As regards the first, the remedy is applied by making rest.i.tution, since thereby equality is re-established; and for this it is enough that a man restore just so much as he has belonging to another. But as regards the sin, the remedy is applied by punishment, the infliction of which belongs to the judge: and so, until a man is condemned by the judge, he is not bound to restore more than he took, but when once he is condemned, he is bound to pay the penalty.

Hence it is clear how to answer the First Objection: because this law fixes the punishment to be inflicted by the judge. Nor is this commandment to be kept now, because since the coming of Christ no man is bound to keep the judicial precepts, as stated above (I-II, Q.

104, A. 3). Nevertheless the same might be determined by human law, and then the same answer would apply.

Reply Obj. 2: Zachaeus said this being willing to do more than he was bound to do; hence he had said already: ”Behold ... the half of my goods I give to the poor.”

Reply Obj. 3: By condemning the man justly, the judge can exact more by way of damages; and yet this was not due before the sentence.

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FOURTH ARTICLE [II-II, Q. 62, Art. 4]

Whether a Man Is Bound to Restore What He Has Not Taken?

Objection 1: It would seem that a man is bound to restore what he has not taken. For he that has inflicted a loss on a man is bound to remove that loss. Now it happens sometimes that the loss sustained is greater than the thing taken: for instance, if you dig up a man's seeds, you inflict on the sower a loss equal to the coming harvest, and thus you would seem to be bound to make rest.i.tution accordingly.

Therefore a man is bound to restore what he has not taken.

Obj. 2: Further, he who retains his creditor's money beyond the stated time, would seem to occasion his loss of all his possible profits from that money, and yet he does not really take them.

Therefore it seems that a man is bound to restore what he did not take.

Obj. 3: Further, human justice is derived from Divine justice. Now a man is bound to restore to G.o.d more than he has received from Him, according to Matt. 25:26, ”Thou knewest that I reap where I sow not, and gather where I have not strewed.” Therefore it is just that one should restore to a man also, something that one has not taken.

_On the contrary,_ Rest.i.tution belongs to justice, because it re-establishes equality. But if one were to restore what one did not take, there would not be equality. Therefore it is not just to make such a rest.i.tution.

_I answer that,_ Whoever brings a loss upon another person, seemingly, takes from him the amount of the loss, since, according to the Philosopher (Ethic. v, 4) loss is so called from a man having _less_* than his due. [*The derivation is more apparent in English than in Latin, where _d.a.m.num_ stands for _loss,_ and _minus_ for _less._ Aristotle merely says that to have more than your own is called ”gain,” and to have less than you started with is called ”loss.”] Therefore a man is bound to make rest.i.tution according to the loss he has brought upon another.

Now a man suffers a loss in two ways. First, by being deprived of what he actually has; and a loss of this kind is always to be made good by repayment in equivalent: for instance if a man d.a.m.nifies another by destroying his house he is bound to pay him the value of the house. Secondly, a man may d.a.m.nify another by preventing him from obtaining what he was on the way to obtain. A loss of this kind need not be made good in equivalent; because to have a thing virtually is less than to have it actually, and to be on the way to obtain a thing is to have it merely virtually or potentially, and so were he to be indemnified by receiving the thing actually, he would be paid, not the exact value taken from him, but more, and this is not necessary for salvation, as stated above. However he is bound to make some compensation, according to the condition of persons and things.

From this we see how to answer the First and Second Objections: because the sower of the seed in the field, has the harvest, not actually but only virtually. In like manner he that has money has the profit not yet actually but only virtually: and both may be hindered in many ways.

Reply Obj. 3: G.o.d requires nothing from us but what He Himself has sown in us. Hence this saying is to be understood as expressing either the shameful thought of the lazy servant, who deemed that he had received nothing from the other, or the fact that G.o.d expects from us the fruit of His gifts, which fruit is from Him and from us, although the gifts themselves are from G.o.d without us.

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FIFTH ARTICLE [II-II, Q. 62, Art. 5]

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