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021 - Question 105 - OF THE REASON FOR THE JUDICIAL PRECEPTS In Four Articles part 2 · Summa Theologica - Treatise on Law and Grace

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  Speaker 1: Question one hundred and five, Part two of Suma Theologica
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  Speaker 1: Prima Secunde Treates on Law. This is the LibriVox recording.
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  Speaker 1: All LibriVox recordings are in the public domain. For more
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  Speaker 1: information or to volunteer, please visit LibriVox dot org. Suma
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  Speaker 1: Theologica Prima Secunde Treates on Law by Saint Thomas aquinas
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  Speaker 1: translated by the Fathers of the English Dominican Province. Question
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  Speaker 1: one hundred and five of the reason for the judicial
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  Speaker 1: precepts in four articles, Part two, Articles three and four,
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  Speaker 1: third article, whether the judicial precepts regarding foreigners were framed
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  Speaker 1: in a suitable manner. Objection one, It would seem that
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  Speaker 1: the judicial precepts regarding foreigners were not suitably framed. For
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  Speaker 1: Peter said in Acts ten, Verses thirty four and thirty
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  Speaker 1: five in very deed, I perceive that God is not
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  Speaker 1: a respecter of persons, but in every nation he that
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  Speaker 1: feareth Him and worketh justice is acceptable to Him. But
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  Speaker 1: those who are acceptable to God should not be excluded
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  Speaker 1: from the Church of God. Therefore, it is unsuitably commanded
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  Speaker 1: in Deuteronomy twenty three three that the Ammonite and the Moabite,
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  Speaker 1: even after the tenth generation, shall not enter into the
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  Speaker 1: Church of the Lord forever. Whereas, on the other hand,
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  Speaker 1: it is prescribed in Deuteronomy twenty three seven to be
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  Speaker 1: observed with regard to certain other nations. Thou shalt not
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  Speaker 1: abhor the Edomite because he is thy brother, nor the
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  Speaker 1: Egyptian because thou wast a stranger in his land. Objection
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  Speaker 1: two Further, we do not deserve to be punished for
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  Speaker 1: those things which are not in our power. But it
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  Speaker 1: is not in man's power to be a eunuch were
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  Speaker 1: born of a prostitute. Therefore, it is unsuitably commanded in
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  Speaker 1: Deuteronomy twenty three one and two that a eunuch and
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  Speaker 1: one born of a prostitute shall not enter into the
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  Speaker 1: Church of the Lord. Objection three Further, the old law
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  Speaker 1: mercifully forbade strangers to be molested, for it is written
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  Speaker 1: in Exodus twenty two twenty one thou shalt not molest
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  Speaker 1: a stranger, nor afflict him, for you yourselves were also
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  Speaker 1: strangers in the land of Egypt. And in Exodus twenty
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  Speaker 1: three nine, thou shalt not molest a stranger, for you
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  Speaker 1: know the hearts of strangers. For you also were strangers
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  Speaker 1: in the land of Egypt. But it is an affliction
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  Speaker 1: to be burdened with usury. Therefore the law unsuitably permitted
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  Speaker 1: them in Deuteronomy twenty three, verses nineteen and twenty to
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  Speaker 1: lend money to the stranger for usury. Objection four further,
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  Speaker 1: men are much more akin to us than trees, but
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  Speaker 1: we should show greater care and love for those things
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  Speaker 1: that are nearest to us. According to Ecclesiasticus thirteen nineteen,
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  Speaker 1: every beast loveth its like, so also every man hymn
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  Speaker 1: that is nearest to himself. Therefore, the Lord unsuitably commanded
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  Speaker 1: in Deudoronomy twenty verses thirteen to nineteen that all the
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  Speaker 1: inhabitants of a captured hostile city were to be slain,
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  Speaker 1: but that the fruit trees should not be cut down.
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  Speaker 1: Objection five Further, everyone should prefer the common good of
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  Speaker 1: virtue to the good of the individual. But the common
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  Speaker 1: good is sought in a war which men fight against
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  Speaker 1: their enemies. Therefore, it is unsuitably commanded in Deuteronomy twenty
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  Speaker 1: verses five to seven that certain men should be sent home.
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  Speaker 1: For instance, a man that had built a new house
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  Speaker 1: or who had planted a vineyard, or who had married
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  Speaker 1: a wife Objection six. Further, no man should profit by
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  Speaker 1: his own fault. But it is a man's fault if
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  Speaker 1: he be timid or faint hearted, since this is contrary
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  Speaker 1: to the virtue of fortitude. Therefore, the timid and faint
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  Speaker 1: hearted are unfittingly excused from the toil of battle, as
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  Speaker 1: is indicated in Deuteronomy twenty verse eight. On the contrary,
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  Speaker 1: divine wisdom declares in Proverbs eight eight, all my words
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  Speaker 1: are just. There is nothing wicked nor perverse in them.
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  Speaker 1: I answer that man's relations with foreigners are twofold, peaceful
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  Speaker 1: and hostile. And in directing both kinds of relation, the
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  Speaker 1: law contained suitable precepts. For the Jews were offered three
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  Speaker 1: opportunities of peaceful relations with foreigners, first when foreigners passed
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  Speaker 1: through their land as travelers, secondly when they came to
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  Speaker 1: dwell in their land as newcomers. And in both these
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  Speaker 1: respects the law made kind provision in its precepts, For
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  Speaker 1: it is written in Exodus twenty to twenty one thou
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  Speaker 1: shalt not molest a stranger Advenaan, and again in Exodus
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  Speaker 1: twenty two nine thou shalt not molest a stranger peregrino. Thirdly,
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  Speaker 1: when any foreigners wished to be admitted entirely to their
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  Speaker 1: fellowship and mode of worship. With regard to these, a
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  Speaker 1: certain order was observed, for they were not at once
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  Speaker 1: admitted to citizenship, just as it was law with some
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  Speaker 1: nations that no one was deemed a citizen except after
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  Speaker 1: two or three generations. As the philosopher says in Politics
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  Speaker 1: three one, the reason for this was that if foreigners
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  Speaker 1: were allowed to meddle with the affairs of a nation
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  Speaker 1: as soon as they settled down in its midst many
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  Speaker 1: dangers might occur, since the foreigners, not yet having the
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  Speaker 1: common good firmly at heart, might attempt something hurtful to
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  Speaker 1: the people. Hence, it was that the law prescribed in
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  Speaker 1: respect of certain nations that had close relations with the Jews,
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  Speaker 1: notably the Egyptians, among whom they were born and educated,
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  Speaker 1: and the Ejumians, the children of Esau Jacob's brother, that
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  Speaker 1: they should be admitted to the fellowship of the people
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  Speaker 1: after the third generation, whereas others with whom their relations
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  Speaker 1: had been hostile, such as the Ammonites and Moabites, were
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  Speaker 1: never to be admitted to citizenship, while the Amalekites, who
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  Speaker 1: were yet more hostile to them and had no fellowship
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  Speaker 1: of kindred with them, were to be held as foes
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  Speaker 1: in perpetuity. For it is written in Exodus seventeen sixteen,
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  Speaker 1: the war of the Lord shall be against Amalik from
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  Speaker 1: generation to generation. In like manner with regard to hostile
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  Speaker 1: relations with foreigners, the law contained suitable precepts, for in
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  Speaker 1: the first place, it commanded that war should be declared
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  Speaker 1: for a just cause. Thus it is commanded in Deuteronomy
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  Speaker 1: twenty verse ten, that when they advanced to be seen
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  Speaker 1: a city, they should at first make an offer of peace. Secondly,
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  Speaker 1: it enjoined that when at once they had entered on
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  Speaker 1: a war, they should undauntingly persevere in it, putting their
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  Speaker 1: trust in God. And in order that they might be
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  Speaker 1: the more heedful of this command, it ordered that on
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  Speaker 1: the approach of battle, the priest should hearten them by
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  Speaker 1: promising them God's aid. Thirdly, it prescribed the removal of
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  Speaker 1: whatever might prove an obstacle to the fight, and that
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  Speaker 1: certain men who might be in the way should be
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  Speaker 1: sent home. Fourthly, it enjoined that they should use moderation
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  Speaker 1: in pursuing the advantage of victory by sparing women and children,
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  Speaker 1: and by not cutting down fruit trees of that country.
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  Speaker 1: Replied to objection one, the law excluded the men of
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  Speaker 1: no nation from the worship of God and from things
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  Speaker 1: pertaining to the welfare of the soul. For it is
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  Speaker 1: written in Exodus twelve forty eight. If any stranger be
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  Speaker 1: willing to dwell among you and to keep the phase
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  Speaker 1: of the Lord, all his males shall first be circumcised,
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  Speaker 1: and then shall he celebrate it according to the manner,
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  Speaker 1: and he shall be as that which is born in
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  Speaker 1: the land. But in temporal matters concerning the public life
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  Speaker 1: of the people, admission was not granted to every one
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  Speaker 1: at once for the reason given above, but to some,
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  Speaker 1: that is the Egyptians and Idumians in the third generation,
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  Speaker 1: while others were excluded in perpetuity in detestation of their
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  Speaker 1: past offense, that is the peoples of Moab, Ammen and Alamek.
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  Speaker 1: For just as one man is punished for a sin
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  Speaker 1: committed by him in order that others, seeing this, may
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  Speaker 1: be deterred and refrained from sinning, so too may one
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  Speaker 1: nation or city be punished for a crime, that others
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  Speaker 1: may refrain from similar crimes. Nevertheless, it was possible by
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  Speaker 1: dispensation for a man to be admitted to citizenship on
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  Speaker 1: account of some act of virtue. Thus it is related
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  Speaker 1: in Judith fourteen six that Achior, the captain of the
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  Speaker 1: children of Amen, was joined to the people of Israel
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  Speaker 1: with all the succession of his kindred. The same applies
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  Speaker 1: to Ruth the Moabite, who was a virtuous woman according
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  Speaker 1: to Ruth three eleven. Although it may be said that
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  Speaker 1: this prohibition regarded men and not women, who are not
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  Speaker 1: competent to be citizens absolutely speaking, replied to objection two.
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  Speaker 1: As the philosopher says in Politics three three, a man
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  Speaker 1: is said to be a citizen in two ways. First simply, Secondly,
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  Speaker 1: in a restricted a man is a citizen simply if
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  Speaker 1: he has all the rights of citizenship, for instance, the
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  Speaker 1: right of debating or voting in the popular assembly. On
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  Speaker 1: the other hand, any man may be called citizen only
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  Speaker 1: in a restricted sense if he dwells within the state,
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  Speaker 1: even common people, or children, or old men who are
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  Speaker 1: not fit to enjoy power in matters pertaining to the
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  Speaker 1: common weal. For this reason, bastards by reason of their
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  Speaker 1: base origin were excluded from the ecclesia, that is, from
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  Speaker 1: the popular assembly down to the tenth generation. The same
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  Speaker 1: applies to eunuchs who are not competent to receive the
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  Speaker 1: honour due to a father, especially among the Jews, where
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  Speaker 1: the divine worship was continued through carnal generation. For even
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  Speaker 1: among the Heathens, those who had many children were marked
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  Speaker 1: with special honour, as the philosopher remarks in politics to
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  Speaker 1: st Nevertheless, in matters pertaining to the grace of God,
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  Speaker 1: eunuchs were not discriminated from others, as neither were strangers,
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  Speaker 1: as already stated, For it is written in Isaiah fifty
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  Speaker 1: six three, Let not the son of the stranger that
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  Speaker 1: adhereth to the Lord speak saying the Lord will divide
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  Speaker 1: and separate me from his people. And let not the
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  Speaker 1: eunuchs say, behold, I am a dry tree. Reply to
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  Speaker 1: objection three, it was not the intention of the law
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  Speaker 1: to sanction the acceptance of usury from strangers, but only
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  Speaker 1: to tolerate it on account of the proneness of the
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  Speaker 1: Jews to avarice, and in order to promote an amicable
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  Speaker 1: feeling towards those out of whom they made a prophet
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  Speaker 1: Reply to Objection four. A distinction was observed with regard
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  Speaker 1: to hostile cities, for some of them were far distant
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  Speaker 1: and were not among those which had been promised to them.
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  Speaker 1: When they had taken these cities, they killed all the
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  Speaker 1: men who had fought against God's people, whereas the women
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  Speaker 1: and children were spared. But in the neighboring cities which
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  Speaker 1: had been promised to them, all were ordered to be
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  Speaker 1: slain on account of their former crimes, to punish which
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  Speaker 1: God sent the Israraelites as executor of divine justice, For
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  Speaker 1: it is written in Deuteronomy nine five. Because they have
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  Speaker 1: done wickedly, they are destroyed at thy coming. In the
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  Speaker 1: fruit trees were commanded to be left untouched for the
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  Speaker 1: use of the people themselves, to whom this city, with
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  Speaker 1: its territory was destined to be subjected. Reply to Objection five.
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  Speaker 1: The builder of a new house, the planter of a vineyard,
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  Speaker 1: the newly married husband were excluded from fighting for two reasons. First,
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  Speaker 1: because man is wont to give all his affection to
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  Speaker 1: those things which he has lately acquired or is on
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  Speaker 1: the point of having, And consequently he is apt to
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  Speaker 1: dread the loss of these above other things. Wherefore it
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  Speaker 1: was likely enough that on account of this affection they
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  Speaker 1: would fear death all the more and be so much
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  Speaker 1: the less brave in battle. Secondly, because, as the philosopher
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  Speaker 1: says in Physics two five, it is a misfortune for
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  Speaker 1: a man if he is prevented from obtaining something good
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  Speaker 1: when it is within his grasp, And so lest the
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  Speaker 1: surviving relations should be the more grieved at the death
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  Speaker 1: of these men who had not entered into the possession
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  Speaker 1: of the good things prepared for them, and also lest
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  Speaker 1: the people should be horror stricken at the sight of
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  Speaker 1: their misfortune. These men were taken away from the danger
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  Speaker 1: of death by being removed from the battle. Replied to
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  Speaker 1: Objection six. The timid were sent back home, not that
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  Speaker 1: they might be the gainers thereby, but lest the people
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  Speaker 1: might be the losers by their presence, since their timidity
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  Speaker 1: and flight might cause others to be afraid and run away.
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  Speaker 1: Fourth article, Whether the old law set forth suitable precepts
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  Speaker 1: about the members of the household? Objection one. It would
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  Speaker 1: seem that the old law set forth unsuitable precepts about
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  Speaker 1: the members of the household. For a slave is in
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  Speaker 1: every respect his master's property, as the philosopher states in
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  Speaker 1: Politics one two. But that which is a man's property
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  Speaker 1: should be his always. Therefore, it was unfitting for the
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  Speaker 1: law to command in Exodus twenty one two that slaves
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  Speaker 1: should go out free in the seventh year Objection two. Further,
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  Speaker 1: a slave is his master's property, just as an animal,
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  Speaker 1: for example, an ass or an ox. But it is
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  Speaker 1: commanded in Deuteronomy twenty two verses one to three with
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  Speaker 1: regard to animals, that they should be brought back to
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  Speaker 1: the owner if they be found going astray. Therefore, it
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  Speaker 1: was unsuitably commanded in Deuteronomy twenty three fifteen, thou shalt
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  Speaker 1: not deliver to his master the servant that is fled
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  Speaker 1: to thee Objection three. Further, the divine law should encourage
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  Speaker 1: mercy even more than the human law. But according to
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  Speaker 1: human laws, those who ill treat their servants and made
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  Speaker 1: servants are severely punished, and the worse treatment of all
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  Speaker 1: seems to be that which results in death. Therefore, it
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  Speaker 1: is unfittingly commanded in Exodus twenty one, verses twenty and
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  Speaker 1: twenty one that he that striketh his bondman or bondwoman
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  Speaker 1: with a rod, and they die under his hands. If
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  Speaker 1: the party remain alive a day, he shall not be
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  Speaker 1: subject to the punishment because it is his money. Objection four. Further,
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  Speaker 1: the dominion of a master over his slave differs from
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  Speaker 1: that of the father over his son according to politics
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  Speaker 1: one three. But the dominion of master over slave gives
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  Speaker 1: the former the right to sell his servant or maid servant. Therefore,
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  Speaker 1: it was unfitting for the law to allow a man
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  Speaker 1: to sell his daughter to be a servant or handmaid,
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  Speaker 1: as is seen in Exodus twenty one seven. Objection five. Further,
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  Speaker 1: a father has power over his son, but he who
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  Speaker 1: has power over the sinner has the right to punish
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  Speaker 1: him for his offenses. Therefore, it is unfittingly commanded in
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  Speaker 1: Deuteronomy twenty one, verse eighteen and following that a father
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  Speaker 1: should bring his son to the ancients of the city
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  Speaker 1: for punishment. Objection six. Further, the Lord forbade them in
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  Speaker 1: Deuteronomy seven, verse three and following to make marriages with
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  Speaker 1: strange nations, and commanded the dissolution of such as had
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  Speaker 1: been contracted according to first Estras ten. Therefore, it was
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  Speaker 1: unfitting to allow them to marry captive women from strange nations,
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  Speaker 1: as can be seen in Deuteronomy twenty one, verse ten,
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  Speaker 1: and following objection seven. Further, the Lord forbade them to
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  Speaker 1: marry within certain degrees of consanguinity and affinity, according to
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  Speaker 1: Leviticus eighteen. Therefore, it was un suitably commanded in Deuteronomy
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  Speaker 1: twenty five five that if any man died without issue,
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  Speaker 1: his brother should marry his wife. Objection eight. Further, as
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  Speaker 1: there is the greatest familiarity between man and wife, so
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  Speaker 1: should there be the staunchest fidelity. But this is impossible
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  Speaker 1: if the marriage bond can be sundered. Therefore, it was
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  Speaker 1: unfitting for the Lord to allow in Deuteronomy twenty four,
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  Speaker 1: Verses one to four a man to put his wife
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  Speaker 1: away by writing a bill of divorce, and besides that
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  Speaker 1: he could not take her again to wife Objection nine. Further,
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  Speaker 1: Just as a wife can be faithless to her husband,
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  Speaker 1: so can a slave be to his master, and a
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  Speaker 1: son to his father. But the law did not command
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  Speaker 1: any sacrifice to be offered in order to investigate the
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  Speaker 1: injury done by a servant to his master or by
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  Speaker 1: a son to his father. Therefore, it seems to have
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  Speaker 1: been superfluous for the law to prescribe the sacrifice of
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  Speaker 1: jealousy in order to investigate a wife's adultery, according to
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  Speaker 1: numbers five, first, twelve and following. Consequently, it seems that
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  Speaker 1: the law put forth unsuitable judicial precepts about the members
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  Speaker 1: of the household. On the contrary, it is written in
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  Speaker 1: Psalm eighteen, verse ten, the judgments of the Lord are true,
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  Speaker 1: justified in themselves. I answer that the mutual relations of
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  Speaker 1: the members of a household regard every day actions directed
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  Speaker 1: to the necessities of life. As the philosopher states in
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  Speaker 1: Politics one one, now, the preservation of man's life may
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  Speaker 1: be considered from two points of view. First, from the
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  Speaker 1: point of view of the individual, that is, in so
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  Speaker 1: far as man preserves his individuality and for the purpose
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  Speaker 1: of the preservation of life. Considered from this standpoint, man
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  Speaker 1: has at his service external goods, by means of which
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  Speaker 1: he provides himself with food and clothing, and other such
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  Speaker 1: necessaries of life, in the handling of which he has
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  Speaker 1: need of servants. Secondly, man's life is preserved from the
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  Speaker 1: point of view of the species by means of generation,
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  Speaker 1: for which purpose man needs a wife that she may
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  Speaker 1: bear him children. Accordingly, the mutual relations of the members
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  Speaker 1: of a household admit of a threefold combination, notably those
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  Speaker 1: of master and servant, those of husband and wife, and
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  Speaker 1: those of father and son. And in respect of all
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  Speaker 1: these relationships, the old law contained fitting precepts. Thus, with
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  Speaker 1: regard to servants, it commanded them to be treated with moderation,
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  Speaker 1: both as to their work, lest to wit they should
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  Speaker 1: be burdened with excess of labor. Wherefore, the Lord commanded
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  Speaker 1: in Deuteronomy five fourteen that on the Sabbath day, thy
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  Speaker 1: manservant and thy maiden servant should rest even as thyself.
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  Speaker 1: And also as to the infliction of punishment, for it
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  Speaker 1: ordered those who aimed their servants to set them free.
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  Speaker 1: According to Exodus twenty one, verses twenty six and twenty seven.
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  Speaker 1: Similar provision was made in favor of a maid servant
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  Speaker 1: when married to any one, confer Exodus twenty one, verse seven.
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  Speaker 1: In following. Moreover, with regard to those servants in particular
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  Speaker 1: who were taken from among the people, the law prescribed
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  Speaker 1: that they should go out free in the seventh year,
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  Speaker 1: taking whatever they brought with them, even their clothes confer
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  Speaker 1: Exodus twenty one, verse two and following, and furthermore, it
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  Speaker 1: was commanded in Deuteronomy fifteen thirteen that they should be
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  Speaker 1: given provision for the journey. With regard to wives, the
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  Speaker 1: law made certain prescriptions as to those who were to
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  Speaker 1: be taken in marriage. For instance, that they should marry
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  Speaker 1: a wife from their own tribe confer numbers thirty six six,
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  Speaker 1: and this lest confusion should ensue in the property of
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  Speaker 1: various tribes. Also that a man should marry the wife
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  Speaker 1: of his deceased brother when the latter died without issue,
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  Speaker 1: as prescribed in Deuteronomy twenty five, Verses five and six.
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  Speaker 1: And this in order that he who could not have
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  Speaker 1: successors according to carnal origin might at least have them
• 23:56
  Speaker 1: by a kind of adoption, and that thus the deceased
• 24:00
  Speaker 1: might not be entirely forgotten. It also forbade them to
• 24:05
  Speaker 1: marry certain women, to wit, women of strange nations, through
• 24:09
  Speaker 1: fear of losing their faith, and those of their near
• 24:13
  Speaker 1: kindred on account of the natural respect due to them. Furthermore,
• 24:19
  Speaker 1: it prescribed in what way wives were to be treated
• 24:22
  Speaker 1: after marriage, to wit, that they should not be slandered
• 24:26
  Speaker 1: without grave reason. Wherefore it ordered punishment to be inflicted
• 24:30
  Speaker 1: on the man who falsely accused his wife of a
• 24:32
  Speaker 1: crime confer Deuteronomy twenty two, verse thirteen, in following also
• 24:39
  Speaker 1: that a man's hatred of his wife should not be
• 24:42
  Speaker 1: detrimental to his son. Confer Deuteronomy twenty one, verse fifteen,
• 24:46
  Speaker 1: and following again that a man should not ill use
• 24:51
  Speaker 1: his wife through hatred of her, but rather that he
• 24:54
  Speaker 1: should write a bill of divorce and send her away
• 24:57
  Speaker 1: Confer Deuteronomy twenty four one. Furthermore, in order to foster
• 25:03
  Speaker 1: conjugal love from the very outset, it was prescribed that
• 25:07
  Speaker 1: no public duties should be laid on a recently married man,
• 25:11
  Speaker 1: so that he might be free to rejoice with his wife.
• 25:16
  Speaker 1: With regard to children, the law commanded parents to educate
• 25:20
  Speaker 1: them by instructing them in the faith. Hence it is
• 25:23
  Speaker 1: written in Exodus twelve twenty six and following, when your
• 25:28
  Speaker 1: children shall say to you, what is the meaning of
• 25:32
  Speaker 1: this service? You shall say to them, it is the
• 25:35
  Speaker 1: victim of the passage of the Lord. Moreover, they are
• 25:40
  Speaker 1: commanded to teach them the rules of right conduct. Wherefore
• 25:44
  Speaker 1: it is written in Deuteronomy twenty one, verse twenty that
• 25:48
  Speaker 1: the parents had to say he slighteth. Hearing our admissions,
• 25:53
  Speaker 1: he giveth himself to reveling and to debauchery. Reply to
• 26:00
  Speaker 1: Objection one. As the children of Israel had been delivered
• 26:05
  Speaker 1: by the Lord from slavery, and for this reason were
• 26:08
  Speaker 1: bound to the service of God, he did not wish
• 26:12
  Speaker 1: them to be slaves in perpetuity. Hence it is written
• 26:16
  Speaker 1: in Leviticus twenty five, verse thirty nine, and following, If
• 26:21
  Speaker 1: thy brother, constrained by poverty, sell himself to thee thou
• 26:26
  Speaker 1: shalt not oppress him with the service of bond servants,
• 26:30
  Speaker 1: but he shall be as a hireling and a sojourner.
• 26:33
  Speaker 1: For they are my servants, and I brought them out
• 26:36
  Speaker 1: of the land of Egypt. Let them not be sold
• 26:39
  Speaker 1: as bondmen. And consequently, since they were slaves, not absolutely,
• 26:46
  Speaker 1: but in a restricted sense, after a lapse of time,
• 26:50
  Speaker 1: they were set free. Reply to Objection two. This commandment
• 26:57
  Speaker 1: is to be understood as referring to a servant whom
• 27:00
  Speaker 1: his master seeks to kill or to help him in
• 27:03
  Speaker 1: committing some sin. Reply to objection three. With regard to
• 27:11
  Speaker 1: the ill treatment of servants, the law seems to have
• 27:14
  Speaker 1: taken into consideration whether it was certain or not, since
• 27:19
  Speaker 1: if it were certain, the law fixed a penalty. For maiming,
• 27:23
  Speaker 1: the penalty was forfeiture of the servant, who was ordered
• 27:27
  Speaker 1: to be given his liberty, while for slaying, the punishment
• 27:31
  Speaker 1: was that of a murderer. When the slave died under
• 27:34
  Speaker 1: the blow of his master. If, however, the hurt was
• 27:38
  Speaker 1: not certain, but only probable, the law did not impose
• 27:42
  Speaker 1: any penalty as regards a man's own servant. For instance,
• 27:46
  Speaker 1: if the servant did not die at once after being struck,
• 27:50
  Speaker 1: but after some days, for it would be uncertain whether
• 27:53
  Speaker 1: he died as a result of the blows he received.
• 27:57
  Speaker 1: For when a man struck a free man so that
• 28:00
  Speaker 1: he did not die at once, but walked abroad again
• 28:04
  Speaker 1: upon his staff, he that struck him was quit of murder,
• 28:09
  Speaker 1: even though afterwards he died. Nevertheless, he was bound to
• 28:13
  Speaker 1: pay the doctor's fees incurred by the victim of his assault.
• 28:18
  Speaker 1: But this was not the case of a man killed
• 28:20
  Speaker 1: his own servant, because whatever the servant had, even his
• 28:24
  Speaker 1: very person, was the property of his master. Hence, the
• 28:28
  Speaker 1: reason for his not being subject to a pecuniary penalty
• 28:31
  Speaker 1: is set down as being because it is his money.
• 28:37
  Speaker 1: Reply to objection four. As stated above in the first reply,
• 28:42
  Speaker 1: no Jew could own a Jew as slave, absolutely, that
• 28:46
  Speaker 1: only in a restricted sense, as a hireling for a
• 28:49
  Speaker 1: fixed time. And in this way the law permitted that
• 28:53
  Speaker 1: through stress of poverty, a man might sell his son
• 28:56
  Speaker 1: or daughter. This is shown by the very words of
• 28:59
  Speaker 1: the law, where we read, if any man sell his
• 29:03
  Speaker 1: daughter to be a servant, she shall not go out
• 29:06
  Speaker 1: as a bondwoman are wont to go out. Moreover, in
• 29:11
  Speaker 1: this way a man might sell not only his son,
• 29:14
  Speaker 1: but even himself, rather as a hireling than as a slave.
• 29:18
  Speaker 1: According to Leviticus twenty five, Verses thirty nine and forty,
• 29:24
  Speaker 1: if thy brother, constrained by poverty, sell himself to thee,
• 29:29
  Speaker 1: thou shalt not oppress him with the service of bond servants,
• 29:32
  Speaker 1: but he shall be as a hireling and a sojourner.
• 29:38
  Speaker 1: Reply to objection five. As the philosopher says in Ethics
• 29:42
  Speaker 1: ten nine, the paternal authority has the power only of admonition,
• 29:48
  Speaker 1: but not that of cohersion, whereby rebellious and headstrong persons
• 29:53
  Speaker 1: can be compelled. And in this case, the lord commanded
• 29:57
  Speaker 1: the stubborn son to be punished by the rulers of
• 29:59
  Speaker 1: this reply to Objection six. The Lord forbade them to
• 30:07
  Speaker 1: marry strange women on account of the danger of seduction,
• 30:11
  Speaker 1: lest they should be led astray into idolatry. And specially
• 30:16
  Speaker 1: did this prohibition apply with respect to those nations who
• 30:19
  Speaker 1: dwelt near them, because it was more probable that they
• 30:22
  Speaker 1: would adopt their religious practices. When, however, the woman was
• 30:28
  Speaker 1: willing to renounce idolatry and become an adherent of the law,
• 30:33
  Speaker 1: it was lawful to take her in marriage, as was
• 30:36
  Speaker 1: the case with Ruth, whom Boaz married. Wherefore she said
• 30:40
  Speaker 1: to her mother in law, Ruth one sixteen thy people
• 30:45
  Speaker 1: shall be my people, and thy God my God. Accordingly,
• 30:51
  Speaker 1: it was not permitted to marry a captive woman unless
• 30:55
  Speaker 1: she first shaved her hair and pared her nails, and
• 30:59
  Speaker 1: put off the ray men, wherein she was taken and
• 31:02
  Speaker 1: mourned for her father and mother, in token that she
• 31:05
  Speaker 1: renounced idolatry. Forever replied to objection seven. As Chrysostom says
• 31:14
  Speaker 1: in his homily forty eight on the Gospel of Matthew,
• 31:19
  Speaker 1: because death was an unmitigated evil for the Jews, who
• 31:23
  Speaker 1: did everything with a view to the present life, it
• 31:26
  Speaker 1: was ordained that children should be born to the dead
• 31:29
  Speaker 1: man through his brother, thus affording a certain mitigation to
• 31:33
  Speaker 1: his death. It was, not, however, ordained that any other
• 31:38
  Speaker 1: than his brother or one next of kin, should marry
• 31:41
  Speaker 1: the wife of the deceased, because the offspring of this
• 31:45
  Speaker 1: union would not be looked upon as that of the deceased.
• 31:49
  Speaker 1: And moreover, a stranger would not be under the obligation
• 31:53
  Speaker 1: to support the household of the deceased, as his brother
• 31:56
  Speaker 1: would be bound to do from motives of justice on
• 31:58
  Speaker 1: account of his relationship. Hence, it is evident that in
• 32:05
  Speaker 1: marrying the wife of his dead brother, he took his
• 32:08
  Speaker 1: dead brother's place. Reply to Objection eight. The law permitted
• 32:15
  Speaker 1: a wife to be divorced, not as though it were
• 32:18
  Speaker 1: just absolutely speaking, but on account of the Jew's hardness
• 32:22
  Speaker 1: of heart, as our Lord declared in Matthew nineteen eight.
• 32:27
  Speaker 1: Of this, however, we must speak more fully in the
• 32:29
  Speaker 1: Treaties on matrimony. Reply to Objection nine. Wives break their
• 32:37
  Speaker 1: conjugal faith by adultery, both easily from motives of pleasure
• 32:42
  Speaker 1: and hiddenly, since the eye of the adulterer observeth darkness.
• 32:48
  Speaker 1: According to Job twenty four fifteen, but This does not
• 32:53
  Speaker 1: apply to a son in respect of his father, or
• 32:56
  Speaker 1: to a servant in respect of his master, because the
• 32:59
  Speaker 1: latter infidelity is not the results of the lust of pleasure,
• 33:03
  Speaker 1: but rather of malice. Nor can it remain hidden like
• 33:07
  Speaker 1: the infidelity of an adulterous woman. End of Question one
• 33:13
  Speaker 1: hundred and five read by Michael Shancaig Lambert l C.