[I-II, Q. 102, Art. 5]

Whether There Can Be Any Suitable Cause for the Sacraments of the Old Law?

Objection 1: It would seem that there can be no suitable cause for the sacraments of the Old Law. Because those things that are done for the purpose of divine worship should not be like the observances of idolaters: since it is written (Deut. 12:31): "Thou shalt not do in like manner to the Lord thy God: for they have done to their gods all the abominations which the Lord abhorreth." Now worshippers of idols used to knive themselves to the shedding of blood: for it is related (3 Kings 18:28) that they "cut themselves after their manner with knives and lancets, till they were all covered with blood." For this reason the Lord commanded (Deut. 14:1): "You shall not cut yourselves nor make any baldness for the dead." Therefore it was unfitting for circumcision to be prescribed by the Law (Lev. 12:3).

Obj. 2: Further, those things which are done for the worship of God should be marked with decorum and gravity; according to Ps. 34:18: "I will praise Thee in a grave [Douay: 'strong'] people." But it seems to savor of levity for a man to eat with haste. Therefore it was unfittingly commanded (Ex. 12:11) that they should eat the Paschal lamb "in haste." Other things too relative to the eating of the lamb were prescribed, which seem altogether unreasonable.

Obj. 3: Further, the sacraments of the Old Law were figures of the sacraments of the New Law. Now the Paschal lamb signified the sacrament of the Eucharist, according to 1 Cor. 5:7: "Christ our Pasch is sacrificed." Therefore there should also have been some sacraments of the Old Law to foreshadow the other sacraments of the New Law, such as Confirmation, Extreme Unction, and Matrimony, and so forth.

Obj. 4: Further, purification can scarcely be done except by removing something impure. But as far as God is concerned, no bodily thing is reputed impure, because all bodies are God's creatures; and "every creature of God is good, and nothing to be rejected that is received with thanksgiving" (1 Tim. 4:4). It was therefore unfitting for them to be purified after contact with a corpse, or any similar corporeal infection.

Obj. 5: Further, it is written (Ecclus. 34:4): "What can be made clean by the unclean?" But the ashes of the red heifer [*Cf. Heb. 9:13] which was burnt, were unclean, since they made a man unclean: for it is stated (Num. 19:7, seqq.) that the priest who immolated her was rendered unclean "until the evening"; likewise he that burnt her; and he that gathered up her ashes. Therefore it was unfittingly prescribed there that the unclean should be purified by being sprinkled with those cinders.

Obj. 6: Further, sins are not something corporeal that can be carried from one place to another: nor can man be cleansed from sin by means of something unclean. It was therefore unfitting for the purpose of expiating the sins of the people that the priest should confess the sins of the children of Israel on one of the buck-goats, that it might carry them away into the wilderness: while they were rendered unclean by the other, which they used for the purpose of purification, by burning it together with the calf outside the camp; so that they had to wash their clothes and their bodies with water (Lev. 16).

Obj. 7: Further, what is already cleansed should not be cleansed again. It was therefore unfitting to apply a second purification to a man cleansed from leprosy, or to a house; as laid down in Lev. 14.

Obj. 8: Further, spiritual uncleanness cannot be cleansed by material water or by shaving the hair. Therefore it seems unreasonable that the Lord ordered (Ex. 30:18, seqq.) the making of a brazen laver with its foot, that the priests might wash their hands and feet before entering the temple; and that He commanded (Num. 8:7) the Levites to be sprinkled with the water of purification, and to shave all the hairs of their flesh.

Objection 9: Further, that which is greater cannot be cleansed by that which is less. Therefore it was unfitting that, in the Law, the higher and lower priests, as stated in Lev. 8 [*Cf. Ex. 29], and the Levites, according to Num. 8, should be consecrated with any bodily anointing, bodily sacrifices, and bodily oblations.

Objection 10: Further, as stated in 1 Kings 16:7, "Man seeth those things that appear, but the Lord beholdeth the heart." But those things that appear outwardly in man are the dispositions of his body and his clothes. Therefore it was unfitting for certain special garments to be appointed to the higher and lower priests, as related in Ex. 28 [*Cf. Lev. 8:7, seqq.]. It seems, moreover, unreasonable that anyone should be debarred from the priesthood on account of defects in the body, as stated in Lev. 21:17, seqq.: "Whosoever of thy seed throughout their families, hath a blemish, he shall not offer bread to his God . . . if he be blind, if he be lame," etc. It seems, therefore, that the sacraments of the Old Law were unreasonable.

_On the contrary,_ It is written (Lev. 20:8): "I am the Lord that sanctify you." But nothing unreasonable is done by God, for it is written (Ps. 103:24): "Thou hast made all things in wisdom." Therefore there was nothing without a reasonable cause in the sacraments of the Old Law, which were ordained to the sanctification of man.

_I answer that,_ As stated above (Q. 101, A. 4), the sacraments are, properly speaking, things applied to the worshippers of God for their consecration so as, in some way, to depute them to the worship of God. Now the worship of God belonged in a general way to the whole people; but in a special way, it belonged to the priests and Levites, who were the ministers of divine worship. Consequently, in these sacraments of the Old Law, certain things concerned the whole people in general; while others belonged to the ministers.

In regard to both, three things were necessary. The first was to be established in the state of worshipping God: and this institution was brought about--for all in general, by circumcision, without which no one was admitted to any of the legal observances--and for the priests, by their consecration. The second thing required was the use of those things that pertain to divine worship. And thus, as to the people, there was the partaking of the paschal banquet, to which no uncircumcised man was admitted, as is clear from Ex. 12:43, seqq.: and, as to the priests, the offering of the victims, and the eating of the loaves of proposition and of other things that were allotted to the use of the priests. The third thing required was the removal of all impediments to divine worship, viz. of uncleannesses. And then, as to the people, certain purifications were instituted for the removal of certain external uncleannesses; and also expiations from sins; while, as to the priests and Levites, the washing of hands and feet and the shaving of the hair were instituted.

And all these things had reasonable causes, both literal, in so far as they were ordained to the worship of God for the time being, and figurative, in so far as they were ordained to foreshadow Christ: as we shall see by taking them one by one.

Reply Obj. 1: The chief literal reason for circumcision was in order that man might profess his belief in one God. And because Abraham was the first to sever himself from the infidels, by going out from his house and kindred, for this reason he was the first to receive circumcision. This reason is set forth by the Apostle (Rom. 4:9, seqq.) thus: "He received the sign of circumcision, a seal of the justice of the faith which he had, being uncircumcised"; because, to wit, we are told that "unto Abraham faith was reputed to justice," for the reason that "against hope he believed in hope," i.e. against the hope that is of nature he believed in the hope that is of grace, "that he might be made the father of many nations," when he was an old man, and his wife an old and barren woman. And in order that this declaration, and imitation of Abraham's faith, might be fixed firmly in the hearts of the Jews, they received in their flesh such a sign as they could not forget, wherefore it is written (Gen. 17:13): "My covenant shall be in your flesh for a perpetual covenant." This was done on the eighth day, because until then a child is very tender, and so might be seriously injured; and is considered as something not yet consolidated: wherefore neither are animals offered before the eighth day. And it was not delayed after that time, lest some might refuse the sign of circumcision on account of the pain: and also lest the parents, whose love for their children increases as they become used to their presence and as they grow older, should withdraw their children from circumcision. A second reason may have been the weakening of concupiscence in that member. A third motive may have been to revile the worship of Venus and Priapus, which gave honor to that part of the body. The Lord's prohibition extended only to the cutting of oneself in honor of idols: and such was not the circumcision of which we have been speaking.

The figurative reason for circumcision was that it foreshadowed the removal of corruption, which was to be brought about by Christ, and will be perfectly fulfilled in the eighth age, which is the age of those who rise from the dead. And since all corruption of guilt and punishment comes to us through our carnal origin, from the sin of our first parent, therefore circumcision was applied to the generative member. Hence the Apostle says (Col. 2:11): "You are circumcised" in Christ "with circumcision not made by hand in despoiling of the body of the flesh, but in the circumcision of" Our Lord Jesus "Christ."

Reply Obj. 2: The literal reason of the paschal banquet was to commemorate the blessing of being led by God out of Egypt. Hence by celebrating this banquet they declared that they belonged to that people which God had taken to Himself out of Egypt. For when they were delivered from Egypt, they were commanded to sprinkle the lamb's blood on the transoms of their house doors, as though declaring that they were averse to the rites of the Egyptians who worshipped the ram. Wherefore they were delivered by the sprinkling or rubbing of the blood of the lamb on the door-posts, from the danger of extermination which threatened the Egyptians.

Now two things are to be observed in their departure from Egypt: namely, their haste in going, for the Egyptians pressed them to go forth speedily, as related in Ex. 12:33; and there was danger that anyone who did not hasten to go with the crowd might be slain by the Egyptians. Their haste was shown in two ways. First by what they ate. For they were commanded to eat unleavened bread, as a sign "that it could not be leavened, the Egyptians pressing them to depart"; and to eat roast meat, for this took less time to prepare; and that they should not break a bone thereof, because in their haste there was no time to break bones. Secondly, as to the manner of eating. For it is written: "You shall gird your reins, and you shall have shoes on your feet, holding staves in your hands, and you shall eat in haste": which clearly designates men at the point of starting on a journey. To this also is to be referred the command: "In one house shall it be eaten, neither shall you carry forth of the flesh thereof out of the house": because, to wit, on account of their haste, they could not send any gifts of it.

The stress they suffered while in Egypt was denoted by the wild lettuces. The figurative reason is evident, because the sacrifice of the paschal lamb signified the sacrifice of Christ according to 1 Cor. 5:7: "Christ our pasch is sacrificed." The blood of the lamb, which ensured deliverance from the destroyer, by being sprinkled on the ransoms, signified faith in Christ's Passion, in the hearts and on the lips of the faithful, by which same Passion we are delivered from sin and death, according to 1 Pet. 1:18: "You were . . . redeemed . . . with the precious blood . . . of a lamb unspotted." The partaking of its flesh signified the eating of Christ's body in the Sacrament; and the flesh was roasted at the fire to signify Christ's Passion or charity. And it was eaten with unleavened bread to signify the blameless life of the faithful who partake of Christ's body, according to 1 Cor. 5:8: "Let us feast . . . with the unleavened bread of sincerity and truth." The wild lettuces were added to denote repentance for sins, which is required of those who receive the body of Christ. Their loins were girt in sign of chastity: and the shoes of their feet are the examples of our dead ancestors. The staves they were to hold in their hands denoted pastoral authority: and it was commanded that the paschal lamb should be eaten in one house, i.e. in a catholic church, and not in the conventicles of heretics.

Reply Obj. 3: Some of the sacraments of the New Law had corresponding figurative sacraments in the Old Law. For Baptism, which is the sacrament of Faith, corresponds to circumcision. Hence it is written (Col. 2:11, 12): "You are circumcised . . . in the circumcision of" Our Lord Jesus "Christ: buried with Him in Baptism." In the New Law the sacrament of the Eucharist corresponds to the banquet of the paschal lamb. The sacrament of Penance in the New Law corresponds to all the purifications of the Old Law. The sacrament of Orders corresponds to the consecration of the pontiff and of the priests. To the sacrament of Confirmation, which is the sacrament of the fulness of grace, there would be no corresponding sacrament of the Old Law, because the time of fulness had not yet come, since "the Law brought no man [Vulg.: 'nothing'] to perfection" (Heb. 7:19). The same applies to the sacrament of Extreme Unction, which is an immediate preparation for entrance into glory, to which the way was not yet opened out in the Old Law, since the price had not yet been paid. Matrimony did indeed exist under the Old Law, as a function of nature, but not as the sacrament of the union of Christ with the Church, for that union was not as yet brought about. Hence under the Old Law it was allowable to give a bill of divorce, which is contrary to the nature of the sacrament.

Reply Obj. 4: As already stated, the purifications of the Old Law were ordained for the removal of impediments to the divine worship: which worship is twofold; viz. spiritual, consisting in devotion of the mind to God; and corporal, consisting in sacrifices, oblations, and so forth. Now men are hindered in the spiritual worship by sins, whereby men were said to be polluted, for instance, by idolatry, murder, adultery, or incest. From such pollutions men were purified by certain sacrifices, offered either for the whole community in general, or also for the sins of individuals; not that those carnal sacrifices had of themselves the power of expiating sin; but that they signified that expiation of sins which was to be effected by Christ, and of which those of old became partakers by protesting their faith in the Redeemer, while taking part in the figurative sacrifices.

The impediments to external worship consisted in certain bodily uncleannesses; which were considered in the first place as existing in man, and consequently in other animals also, and in man's clothes, dwelling-place, and vessels. In man himself uncleanness was considered as arising partly from himself and partly from contact with unclean things. Anything proceeding from man was reputed unclean that was already subject to corruption, or exposed thereto: and consequently since death is a kind of corruption, the human corpse was considered unclean. In like manner, since leprosy arises from corruption of the humors, which break out externally and infect other persons, therefore were lepers also considered unclean; and, again, women suffering from a flow of blood, whether from weakness, or from nature (either at the monthly course or at the time of conception); and, for the same reason, men were reputed unclean if they suffered from a flow of seed, whether due to weakness, to nocturnal pollution, or to sexual intercourse. Because every humor issuing from man in the aforesaid ways involves some unclean infection. Again, man contracted uncleanness by touching any unclean thing whatever.

Now there was both a literal and a figurative reason for these uncleannesses. The literal reason was taken from the reverence due to those things that belong to the divine worship: both because men are not wont, when unclean, to touch precious things: and in order that by rarely approaching sacred things they might have greater respect for them. For since man could seldom avoid all the aforesaid uncleannesses, the result was that men could seldom approach to touch things belonging to the worship of God, so that when they did approach, they did so with greater reverence and humility. Moreover, in some of these the literal reason was that men should not be kept away from worshipping God through fear of coming in contact with lepers and others similarly afflicted with loathsome and contagious diseases. In others, again, the reason was to avoid idolatrous worship: because in their sacrificial rites the Gentiles sometimes employed human blood and seed. All these bodily uncleannesses were purified either by the mere sprinkling of water, or, in the case of those which were more grievous, by some sacrifice of expiation for the sin which was the occasion of the uncleanness in question.

The figurative reason for these uncleannesses was that they were figures of various sins. For the uncleanness of any corpse signifies the uncleanness of sin, which is the death of the soul. The uncleanness of leprosy betokened the uncleanness of heretical doctrine: both because heretical doctrine is contagious just as leprosy is, and because no doctrine is so false as not to have some truth mingled with error, just as on the surface of a leprous body one may distinguish the healthy parts from those that are infected. The uncleanness of a woman suffering from a flow of blood denotes the uncleanness of idolatry, on account of the blood which is offered up. The uncleanness of the man who has suffered seminal loss signifies the uncleanness of empty words, for "the seed is the word of God." The uncleanness of sexual intercourse and of the woman in child-birth signifies the uncleanness of original sin. The uncleanness of the woman in her periods signifies the uncleanness of a mind that is sensualized by pleasure. Speaking generally, the uncleanness contracted by touching an unclean thing denotes the uncleanness arising from consent in another's sin, according to 2 Cor. 6:17: "Go out from among them, and be ye separate . . . and touch not the unclean thing."

Moreover, this uncleanness arising from the touch was contracted even by inanimate objects; for whatever was touched in any way by an unclean man, became itself unclean. Wherein the Law attenuated the superstition of the Gentiles, who held that uncleanness was contracted not only by touch, but also by speech or looks, as Rabbi Moses states (Doct. Perplex. iii) of a woman in her periods. The mystical sense of this was that "to God the wicked and his wickedness are hateful alike" (Wis. 14:9).

There was also an uncleanness of inanimate things considered in themselves, such as the uncleanness of leprosy in a house or in clothes. For just as leprosy occurs in men through a corrupt humor causing putrefaction and corruption in the flesh; so, too, through some corruption and excess of humidity or dryness, there arises sometimes a kind of corruption in the stones with which a house is built, or in clothes. Hence the Law called this corruption by the name of leprosy, whereby a house or a garment was deemed to be unclean: both because all corruption savored of uncleanness, as stated above, and because the Gentiles worshipped their household gods as a preservative against this corruption. Hence the Law prescribed such houses, where this kind of corruption was of a lasting nature, to be destroyed; and such garments to be burnt, in order to avoid all occasion of idolatry. There was also an uncleanness of vessels, of which it is written (Num. 19:15): "The vessel that hath no cover, and binding over it, shall be unclean." The cause of this uncleanness was that anything unclean might easily drop into such vessels, so as to render them unclean. Moreover, this command aimed at the prevention of idolatry. For idolaters believed that if mice, lizards, or the like, which they used to sacrifice to the idols, fell into the vessels or into the water, these became more pleasing to the gods. Even now some women let down uncovered vessels in honor of the nocturnal deities which they call "Janae."

The figurative reason of these uncleannesses is that the leprosy of a house signified the uncleanness of the assembly of heretics; the leprosy of a linen garment signified an evil life arising from bitterness of mind; the leprosy of a woolen garment denoted the wickedness of flatterers; leprosy in the warp signified the vices of the soul; leprosy on the woof denoted sins of the flesh, for as the warp is in the woof, so is the soul in the body. The vessel that has neither cover nor binding, betokens a man who lacks the veil of taciturnity, and who is unrestrained by any severity of discipline.

Reply Obj. 5: As stated above (ad 4), there was a twofold uncleanness in the Law; one by way of corruption in the mind or in the body; and this was the graver uncleanness; the other was by mere contact with an unclean thing, and this was less grave, and was more easily expiated. Because the former uncleanness was expiated by sacrifices for sins, since all corruption is due to sin, and signifies sin: whereas the latter uncleanness was expiated by the mere sprinkling of a certain water, of which water we read in Num. 19. For there God commanded them to take a red cow in memory of the sin they had committed in worshipping a calf. And a cow is mentioned rather than a calf, because it was thus that the Lord was wont to designate the synagogue, according to Osee 4:16: "Israel hath gone astray like a wanton heifer": and this was, perhaps, because they worshipped heifers after the custom of Egypt, according to Osee 10:5: "(They) have worshipped the kine of Bethaven." And in detestation of the sin of idolatry it was sacrificed outside the camp; in fact, whenever sacrifice was offered up in expiation of the multitude of sins, it was all burnt outside the camp. Moreover, in order to show that this sacrifice cleansed the people from all their sins, "the priest" dipped "his finger in her blood," and sprinkled "it over against the door of the tabernacle seven times"; for the number seven signified universality. Further, the very sprinkling of blood pertained to the detestation of idolatry, in which the blood that was offered up was not poured out, but was collected together, and men gathered round it to eat in honor of the idols. Likewise it was burnt by fire, either because God appeared to Moses in a fire, and the Law was given from the midst of fire; or to denote that idolatry, together with all that was connected therewith, was to be extirpated altogether; just as the cow was burnt "with her skin and her flesh, her blood and dung being delivered to the flames." To this burning were added "cedar-wood, and hyssop, and scarlet twice dyed," to signify that just as cedar-wood is not liable to putrefaction, and scarlet twice dyed does not easily lose its color, and hyssop retains its odor after it has been dried; so also was this sacrifice for the preservation of the whole people, and for their good behavior and devotion. Hence it is said of the ashes of the cow: "That they may be reserved for the multitude of the children of Israel." Or, according to Josephus (Antiq. iii, 8, 9, 10), the four elements are indicated here: for "cedar-wood" was added to the fire, to signify the earth, on account of its earthiness; "hyssop," to signify the air, on account of its smell; "scarlet twice dyed," to signify water, for the same reason as purple, on account of the dyes which are taken out of the water: thus denoting the fact that this sacrifice was offered to the Creator of the four elements. And since this sacrifice was offered for the sin of idolatry, both "he that burned her," and "he that gathered up the ashes," and "he that sprinkled the water" in which the ashes were placed, were deemed unclean in detestation of that sin, in order to show that whatever was in any way connected with idolatry should be cast aside as being unclean. From this uncleanness they were purified by the mere washing of their clothes; nor did they need to be sprinkled with the water on account of this kind of uncleanness, because otherwise the process would have been unending, since he that sprinkled the water became unclean, so that if he were to sprinkle himself he would remain unclean; and if another were to sprinkle him, that one would have become unclean, and in like manner, whoever might sprinkle him, and so on indefinitely.

The figurative reason of this sacrifice was that the red cow signified Christ in respect of his assumed weakness, denoted by the female sex; while the color of the cow designated the blood of His Passion. And the "red cow was of full age," because all Christ's works are perfect, "in which there" was "no blemish"; "and which" had "not carried the yoke," because Christ was innocent, nor did He carry the yoke of sin. It was commanded to be taken to Moses, because they blamed Him for transgressing the law of Moses by breaking the Sabbath. And it was commanded to be delivered "to Eleazar the priest," because Christ was delivered into the hands of the priests to be slain. It was immolated "without the camp," because Christ "suffered outside the gate" (Heb. 13:12). And the priest dipped "his finger in her blood," because the mystery of Christ's Passion should be considered and imitated.

It was sprinkled "over against . . . the tabernacle," which denotes the synagogue, to signify either the condemnation of the unbelieving Jews, or the purification of believers; and this "seven times," in token either of the seven gifts of the Holy Ghost, or of the seven days wherein all time is comprised. Again, all things that pertain to the Incarnation of Christ should be burnt with fire, i.e. they should be understood spiritually; for the "skin" and "flesh" signified Christ's outward works; the "blood" denoted the subtle inward force which quickened His external deeds; the "dung" betokened His weariness, His thirst, and all such like things pertaining to His weakness. Three things were added, viz. "cedar-wood," which denotes the height of hope or contemplation; "hyssop," in token of humility or faith; "scarlet twice dyed," which denotes twofold charity; for it is by these three that we should cling to Christ suffering. The ashes of this burning were gathered by "a man that is clean," because the relics of the Passion came into the possession of the Gentiles, who were not guilty of Christ's death. The ashes were put into water for the purpose of expiation, because Baptism receives from Christ's Passion the power of washing away sins. The priest who immolated and burned the cow, and he who burned, and he who gathered together the ashes, were unclean, as also he that sprinkled the water: either because the Jews became unclean through putting Christ to death, whereby our sins are expiated; and this, until the evening, i.e. until the end of the world, when the remnants of Israel will be converted; or else because they who handle sacred things with a view to the cleansing of others contract certain uncleannesses, as Gregory says (Pastor. ii, 5); and this until the evening, i.e. until the end of this life.

Reply Obj. 6: As stated above (ad 5), an uncleanness which was caused by corruption either of mind or of body was expiated by sin-offerings. Now special sacrifices were wont to be offered for the sins of individuals: but since some were neglectful about expiating such sins and uncleannesses; or, through ignorance, failed to offer this expiation; it was laid down that once a year, on the tenth day of the seventh month, a sacrifice of expiation should be offered for the whole people. And because, as the Apostle says (Heb. 7:28), "the Law maketh men priests, who have infirmity," it behooved the priest first of all to offer a calf for his own sins, in memory of Aaron's sin in fashioning the molten calf; and besides, to offer a ram for a holocaust, which signified that the priestly sovereignty denoted by the ram, who is the head of the flock, was to be ordained to the glory of God. Then he offered two he-goats for the people: one of which was offered in expiation of the sins of the multitude. For the he-goat is an evil-smelling animal; and from its skin clothes are made having a pungent odor; to signify the stench, uncleanness and the sting of sin. After this he-goat had been immolated, its blood was taken, together with the blood of the calf, into the Holy of Holies, and the entire sanctuary was sprinkled with it; to signify that the tabernacle was cleansed from the uncleanness of the children of Israel. But the corpses of the he-goat and calf which had been offered up for sin had to be burnt, to denote the destruction of sins. They were not, however, burnt on the altar: since none but holocausts were burnt thereon; but it was prescribed that they should be burnt without the camp, in detestation of sin: for this was done whenever sacrifice was offered for a grievous sin, or for the multitude of sins. The other goat was let loose into the wilderness: not indeed to offer it to the demons, whom the Gentiles worshipped in desert places, because it was unlawful to offer aught to them; but in order to point out the effect of the sacrifice which had been offered up. Hence the priest put his hand on its head, while confessing the sins of the children of Israel: as though that goat were to carry them away into the wilderness, where it would be devoured by wild beasts, because it bore the punishment of the people's sins. And it was said to bear the sins of the people, either because the forgiveness of the people's sins was signified by its being let loose, or because on its head written lists of sins were fastened.

The figurative reason of these things was that Christ was foreshadowed both by the calf, on account of His power; and by the ram, because He is the Head of the faithful; and by the he-goat, on account of "the likeness of sinful flesh" (Rom. 8:3). Moreover, Christ was sacrificed for the sins of both priests and people: since both those of high and those of low degree are cleansed from sin by His Passion. The blood of the calf and of the goat was brought into the Holies by the priest, because the entrance to the kingdom of heaven was opened to us by the blood of Christ's Passion. Their bodies were burnt without the camp, because "Christ suffered without the gate," as the Apostle declares (Heb. 13:12). The scape-goat may denote either Christ's Godhead Which went away into solitude when the Man Christ suffered, not by going to another place, but by restraining His power: or it may signify the base concupiscence which we ought to cast away from ourselves, while we offer up to Our Lord acts of virtue.

With regard to the uncleanness contracted by those who burnt these sacrifices, the reason is the same as that which we assigned (ad 5) to the sacrifice of the red heifer.

Reply Obj. 7: The legal rite did not cleanse the leper of his deformity, but declared him to be cleansed. This is shown by the words of Lev. 14:3, seqq., where it was said that the priest, "when he shall find that the leprosy is cleansed," shall command "him that is to be purified": consequently, the leper was already healed: but he was said to be purified in so far as the verdict of the priest restored him to the society of men and to the worship of God. It happened sometimes, however, that bodily leprosy was miraculously cured by the legal rite, when the priest erred in his judgment.

Now this purification of a leper was twofold: for, in the first place, he was declared to be clean; and, secondly, he was restored, as clean, to the society of men and to the worship of God, to wit, after seven days. At the first purification the leper who sought to be cleansed offered for himself "two living sparrows . . . cedar-wood, and scarlet, and hyssop," in such wise that a sparrow and the hyssop should be tied to the cedar-wood with a scarlet thread, so that the cedar-wood was like the handle of an aspersory: while the hyssop and sparrow were that part of the aspersory which was dipped into the blood of the other sparrow which was "immolated . . . over living waters." These things he offered as an antidote to the four defects of leprosy: for cedar-wood, which is not subject to putrefaction, was offered against the putrefaction; hyssop, which is a sweet-smelling herb, was offered up against the stench; a living sparrow was offered up against numbness; and scarlet, which has a vivid color, was offered up against the repulsive color of leprosy. The living sparrow was let loose to fly away into the plain, because the leper was restored to his former liberty.

On the eighth day he was admitted to divine worship, and was restored to the society of men; but only after having shaved all the hair of his body, and washed his clothes, because leprosy rots the hair, infects the clothes, and gives them an evil smell. Afterwards a sacrifice was offered for his sin, since leprosy was frequently a result of sin: and some of the blood of the sacrifice was put on the tip of the ear of the man that was to be cleansed, "and on the thumb of his right hand, and the great toe of his right foot"; because it is in these parts that leprosy is first diagnosed and felt. In this rite, moreover, three liquids were employed: viz. blood, against the corruption of the blood; oil, to denote the healing of the disease; and living waters, to wash away the filth.

The figurative reason was that the Divine and human natures in Christ were denoted by the two sparrows, one of which, in likeness of His human nature, was offered up in an earthen vessel over living waters, because the waters of Baptism are sanctified by Christ's Passion. The other sparrow, in token of His impassible Godhead, remained living, because the Godhead cannot die: hence it flew away, for the Godhead could not be encompassed by the Passion. Now this living sparrow, together with the cedar-wood and scarlet or cochineal, and hyssop, i.e. faith, hope and charity, as stated above (ad 5), was put into the water for the purpose of sprinkling, because we are baptized in the faith of the God-Man. By the waters of Baptism or of his tears man washes his clothes, i.e. his works, and all his hair, i.e. his thoughts. The tip of the right ear of the man to be cleansed is moistened with some the blood and oil, in order to strengthen his hearing against harmful words; and the thumb and toe of his right hand and foot are moistened that his deeds may be holy. Other matters pertaining to this purification, or to that also of any other uncleannesses, call for no special remark, beyond what applies to other sacrifices, whether for sins or for trespasses.

Reply Obj. 8 and 9: Just as the people were initiated by circumcision to the divine worship, so were the ministers by some special purification or consecration: wherefore they are commanded to be separated from other men, as being specially deputed, rather than others, to the ministry of the divine worship. And all that was done touching them in their consecration or institution, was with a view to show that they were in possession of a prerogative of purity, power and dignity. Hence three things were done in the institution of ministers: for first, they were purified; secondly, they were adorned [*'Ornabantur.' Some editions have 'ordinabantur'--'were ordained': the former reading is a reference to Lev. 8:7-9] and consecrated; thirdly, they were employed in the ministry. All in general used to be purified by washing in water, and by certain sacrifices; but the Levites in particular shaved all the hair of their bodies, as stated in Lev. 8 (cf. Num. 8).

With regard to the high-priests and priests the consecration was performed as follows. First, when they had been washed, they were clothed with certain special garments in designation of their dignity. In particular, the high-priest was anointed on the head with the oil of unction: to denote that the power of consecration was poured forth by him on to others, just as oil flows from the head on to the lower parts of the body; according to Ps. 132:2: "Like the precious ointment on the head that ran down upon the beard, the beard of Aaron." But the Levites received no other consecration besides being offered to the Lord by the children of Israel through the hands of the high-priest, who prayed for them. The lesser priests were consecrated on the hands only, which were to be employed in the sacrifices. The tip of their right ear and the thumb of their right hand, and the great toe of their right foot were tinged with the blood of the sacrificial animal, to denote that they should be obedient to God's law in offering the sacrifices (this is denoted by touching their right ear); and that they should be careful and ready in performing the sacrifices (this is signified by the moistening of the right foot and hand). They themselves and their garments were sprinkled with the blood of the animal that had been sacrificed, in memory of the blood of the lamb by which they had been delivered in Egypt. At their consecration the following sacrifices were offered: a calf, for sin, in memory of Aaron's sin in fashioning the molten calf; a ram, for a holocaust, in memory of the sacrifice of Abraham, whose obedience it behooved the high-priest to imitate; again, a ram of consecration, which was a peace-offering, in memory of the delivery from Egypt through the blood of the lamb; and a basket of bread, in memory of the manna vouchsafed to the people.

In reference to their being destined to the ministry, the fat of the ram, one roll of bread, and the right shoulder were placed on their hands, to show that they received the power of offering these things to the Lord: while the Levites were initiated to the ministry by being brought into the tabernacle of the covenant, as being destined to the ministry touching the vessels of the sanctuary.

The figurative reason of these things was that those who are to be consecrated to the spiritual ministry of Christ, should be first of all purified by the waters of Baptism, and by the waters of tears, in their faith in Christ's Passion, which is a sacrifice both of expiation and of purification. They have also to shave all the hair of their body, i.e. all evil thoughts. They should, moreover, be decked with virtues, and be consecrated with the oil of the Holy Ghost, and with the sprinkling of Christ's blood. And thus they should be intent on the fulfilment of their spiritual ministry.

Reply Obj. 10: As already stated (A. 4), the purpose of the Law was to induce men to have reverence for the divine worship: and this in two ways; first, by excluding from the worship of God whatever might be an object of contempt; secondly, by introducing into the divine worship all that seemed to savor of reverence. And, indeed, if this was observed in regard to the tabernacle and its vessels, and in the animals to be sacrificed, much more was it to be observed in the very ministers. Wherefore, in order to obviate contempt for the ministers, it was prescribed that they should have no bodily stain or defect: since men so deformed are wont to be despised by others. For the same reason it was also commanded that the choice of those who were to be destined to the service of God was not to be made in a broadcast manner from any family, but according to their descent from one particular stock, thus giving them distinction and nobility.

In order that they might be revered, special ornate vestments were appointed for their use, and a special form of consecration. This indeed is the general reason of ornate garments. But the high-priest in particular had eight vestments. First, he had a linen tunic. Secondly, he had a purple tunic; round the bottom of which were placed "little bells" and "pomegranates of violet, and purple, and scarlet twice dyed." Thirdly, he had the ephod, which covered his shoulders and his breast down to the girdle; and it was made of gold, and violet and purple, and scarlet twice dyed and twisted linen: and on his shoulders he bore two onyx stones, on which were graven the names of the children of Israel. Fourthly, he had the rational, made of the same material; it was square in shape, and was worn on the breast, and was fastened to the ephod. On this rational there were twelve precious stones set in four rows, on which also were graven the names of the children of Israel, in token that the priest bore the burden of the whole people, since he bore their names on his shoulders; and that it was his duty ever to think of their welfare, since he wore them on his breast, bearing them in his heart, so to speak. And the Lord commanded the "Doctrine and Truth" to be put in the rational: for certain matters regarding moral and dogmatic truth were written on it. The Jews indeed pretend that on the rational was placed a stone which changed color according to the various things which were about to happen to the children of Israel: and this they call the "Truth and Doctrine." Fifthly, he wore a belt or girdle made of the four colors mentioned above. Sixthly, there was the tiara or mitre which was made of linen. Seventhly, there was the golden plate which hung over his forehead; on it was inscribed the Lord's name. Eighthly, there were "the linen breeches to cover the flesh of their nakedness," when they went up to the sanctuary or altar. Of these eight vestments the lesser priests had four, viz. the linen tunic and breeches, the belt and the tiara.

According to some, the literal reason for these vestments was that they denoted the disposition of the terrestrial globe; as though the high-priest confessed himself to be the minister of the Creator of the world, wherefore it is written (Wis. 18:24): "In the robe" of Aaron "was the whole world" described. For the linen breeches signified the earth out of which the flax grows. The surrounding belt signified the ocean which surrounds the earth. The violet tunic denoted the air by its color: its little bells betoken the thunder; the pomegranates, the lightning. The ephod, by its many colors, signified the starry heaven; the two onyx stones denoted the two hemispheres, or the sun and moon. The twelve precious stones on the breast are the twelve signs of the zodiac: and they are said to have been placed on the rational because in heaven are the types (_rationes_) of earthly things, according to Job 38:33: "Dost thou know the order of heaven, and canst thou set down the reason (_rationem_) thereof on the earth?" The turban or tiara signified the empyrean: the golden plate was a token of God, the governor of the universe.

The figurative reason is evident. Because bodily stains or defects wherefrom the priests had to be immune, signify the various vices and sins from which they should be free. Thus it is forbidden that he should be blind, i.e. he ought not to be ignorant: he must not be lame, i.e. vacillating and uncertain of purpose: that he must have "a little, or a great, or a crooked nose," i.e. that he should not, from lack of discretion, exceed in one direction or in another, or even exercise some base occupation: for the nose signifies discretion, because it discerns odors. It is forbidden that he should have "a broken foot" or "hand," i.e. he should not lose the power of doing good works or of advancing in virtue. He is rejected, too, if he have a swelling either in front or behind [Vulg.: 'if he be crook-backed']: by which is signified too much love of earthly things: if he be blear-eyed, i.e. if his mind is darkened by carnal affections: for running of the eyes is caused by a flow of matter. He is also rejected if he had "a pearl in his eye," i.e. if he presumes in his own estimation that he is clothed in the white robe of righteousness. Again, he is rejected "if he have a continued scab," i.e. lustfulness of the flesh: also, if he have "a dry scurf," which covers the body without giving pain, and is a blemish on the comeliness of the members; which denotes avarice. Lastly, he is rejected "if he have a rupture" or hernia; through baseness rending his heart, though it appear not in his deeds.

The vestments denote the virtues of God's ministers. Now there are four things that are necessary to all His ministers, viz. chastity denoted by the breeches; a pure life, signified by the linen tunic; the moderation of discretion, betokened by the girdle; and rectitude of purpose, denoted by the mitre covering the head. But the high-priests needed four other things in addition to these. First, a continual recollection of God in their thoughts; and this was signified by the golden plate worn over the forehead, with the name of God engraved thereon. Secondly, they had to bear with the shortcomings of the people: this was denoted by the ephod which they bore on their shoulders. Thirdly, they had to carry the people in their mind and heart by the solicitude of charity, in token of which they wore the rational. Fourthly, they had to lead a godly life by performing works of perfection; and this was signified by the violet tunic. Hence little golden bells were fixed to the bottom of the violet tunic, which bells signified the teaching of divine things united in the high-priest to his godly mode of life. In addition to these were the pomegranates, signifying unity of faith and concord in good morals: because his doctrine should hold together in such a way that it should not rend asunder the unity of faith and peace. ________________________

SIXTH

[I-II, Q. 105, Art. 2]

Whether the Judicial Precepts Were Suitably Framed As to the Relations of One Man with Another?

Objection 1: It would seem that the judicial precepts were not suitably framed as regards the relations of one man with another. Because men cannot live together in peace, if one man takes what belongs to another. But this seems to have been approved by the Law: since it is written (Deut. 23:24): "Going into thy neighbor's vineyard, thou mayest eat as many grapes as thou pleasest." Therefore the Old Law did not make suitable provisions for man's peace.

Obj. 2: Further, one of the chief causes of the downfall of states has been the holding of property by women, as the Philosopher says (Polit. ii, 6). But this was introduced by the Old Law; for it is written (Num. 27:8): "When a man dieth without a son, his inheritance shall pass to his daughter." Therefore the Law made unsuitable provision for the welfare of the people.

Obj. 3: Further, it is most conducive to the preservation of human society that men may provide themselves with necessaries by buying and selling, as stated in _Polit._ i. But the Old Law took away the force of sales; since it prescribes that in the 50th year of the jubilee all that is sold shall return to the vendor (Lev. 25:28). Therefore in this matter the Law gave the people an unfitting command.

Obj. 4: Further, man's needs require that men should be ready to lend: which readiness ceases if the creditors do not return the pledges: hence it is written (Ecclus. 29:10): "Many have refused to lend, not out of wickedness, but they were afraid to be defrauded without cause." And yet this was encouraged by the Law. First, because it prescribed (Deut. 15:2): "He to whom any thing is owing from his friend or neighbor or brother, cannot demand it again, because it is the year of remission of the Lord"; and (Ex. 22:15) it is stated that if a borrowed animal should die while the owner is present, the borrower is not bound to make restitution. Secondly, because the security acquired through the pledge is lost: for it is written (Deut. 24:10): "When thou shalt demand of thy neighbor any thing that he oweth thee, thou shalt not go into his house to take away a pledge"; and again (Deut. 24:12, 13): "The pledge shall not lodge with thee that night, but thou shalt restore it to him presently." Therefore the Law made insufficient provision in the matter of loans.

Obj. 5: Further, considerable risk attaches to goods deposited with a fraudulent depositary: wherefore great caution should be observed in such matters: hence it is stated in 2 Mac. 3:15 that "the priests . . . called upon Him from heaven, Who made the law concerning things given to be kept, that He would preserve them safe, for them that had deposited them." But the precepts of the Old Law observed little caution in regard to deposits: since it is prescribed (Ex. 22:10, 11) that when goods deposited are lost, the owner is to stand by the oath of the depositary. Therefore the Law made unsuitable provision in this matter.

Obj. 6: Further, just as a workman offers his work for hire, so do men let houses and so forth. But there is no need for the tenant to pay his rent as soon as he takes a house. Therefore it seems an unnecessarily hard prescription (Lev. 19:13) that "the wages of him that hath been hired by thee shall not abide with thee until morning."

Obj. 7: Further, since there is often pressing need for a judge, it should be easy to gain access to one. It was therefore unfitting that the Law (Deut. 17:8, 9) should command them to go to a fixed place to ask for judgment on doubtful matters.

Obj. 8: Further, it is possible that not only two, but three or more, should agree to tell a lie. Therefore it is unreasonably stated (Deut. 19:15) that "in the mouth of two or three witnesses every word shall stand."

Objection 9: Further, punishment should be fixed according to the gravity of the fault: for which reason also it is written (Deut. 25:2): "According to the measure of the sin, shall the measure also of the stripes be." Yet the Law fixed unequal punishments for certain faults: for it is written (Ex. 22:1) that the thief "shall restore five oxen for one ox, and four sheep for one sheep." Moreover, certain slight offenses are severely punished: thus (Num. 15:32, seqq.) a man is stoned for gathering sticks on the sabbath day: and (Deut. 21:18, seqq.) the unruly son is commanded to be stoned on account of certain small transgressions, viz. because "he gave himself to revelling . . . and banquetings." Therefore the Law prescribed punishments in an unreasonable manner.

Objection 10: Further, as Augustine says (De Civ. Dei xxi, 11), "Tully writes that the laws recognize eight forms of punishment, indemnity, prison, stripes, retaliation, public disgrace, exile, death, slavery." Now some of these were prescribed by the Law. "Indemnity," as when a thief was condemned to make restitution fivefold or fourfold. "Prison," as when (Num. 15:34) a certain man is ordered to be imprisoned. "Stripes"; thus (Deut. 25:2), "if they see that the offender be worthy of stripes; they shall lay him down, and shall cause him to be beaten before them." "Public disgrace" was brought on to him who refused to take to himself the wife of his deceased brother, for she took "off his shoe from his foot, and" did "spit in his face" (Deut. 25:9). It prescribed the "death" penalty, as is clear from (Lev. 20:9): "He that curseth his father, or mother, dying let him die." The Law also recognized the "lex talionis," by prescribing (Ex. 21:24): "Eye for eye, tooth for tooth." Therefore it seems unreasonable that the Law should not have inflicted the two other punishments, viz. "exile" and "slavery."

Objection 11: Further, no punishment is due except for a fault. But dumb animals cannot commit a fault. Therefore the Law is unreasonable in punishing them (Ex. 21:29): "If the ox . . . shall kill a man or a woman," it "shall be stoned": and (Lev. 20:16): "The woman that shall lie under any beast, shall be killed together with the same." Therefore it seems that matters pertaining to the relations of one man with another were unsuitably regulated by the Law.

Objection 12: Further, the Lord commanded (Ex. 21:12) a murderer to be punished with death. But the death of a dumb animal is reckoned of much less account than the slaying of a man. Hence murder cannot be sufficiently punished by the slaying of a dumb animal. Therefore it is unfittingly prescribed (Deut. 21:1, 4) that "when there shall be found . . . the corpse of a man slain, and it is not known who is guilty of the murder . . . the ancients" of the nearest city "shall take a heifer of the herd, that hath not drawn in the yoke, nor ploughed the ground, and they shall bring her into a rough and stony valley, that never was ploughed, nor sown; and there they shall strike off the head of the heifer."

_On the contrary,_ It is recalled as a special blessing (Ps. 147:20) that "He hath not done in like manner to every nation; and His judgments He hath not made manifest to them."

_I answer that,_ As Augustine says (De Civ. Dei ii, 21), quoting Tully, "a nation is a body of men united together by consent to the law and by community of welfare." Consequently it is of the essence of a nation that the mutual relations of the citizens be ordered by just laws. Now the relations of one man with another are twofold: some are effected under the guidance of those in authority: others are effected by the will of private individuals. And since whatever is subject to the power of an individual can be disposed of according to his will, hence it is that the decision of matters between one man and another, and the punishment of evildoers, depend on the direction of those in authority, to whom men are subject. On the other hand, the power of private persons is exercised over the things they possess: and consequently their dealings with one another, as regards such things, depend on their own will, for instance in buying, selling, giving, and so forth. Now the Law provided sufficiently in respect of each of these relations between one man and another. For it established judges, as is clearly indicated in Deut. 16:18: "Thou shalt appoint judges and magistrates in all its [Vulg.: 'thy'] gates . . . that they may judge the people with just judgment." It is also directed the manner of pronouncing just judgments, according to Deut. 1:16, 17: "Judge that which is just, whether he be one of your own country or a stranger: there shall be no difference of persons." It also removed an occasion of pronouncing unjust judgment, by forbidding judges to accept bribes (Ex. 23:8; Deut. 16:19). It prescribed the number of witnesses, viz. two or three: and it appointed certain punishments to certain crimes, as we shall state farther on (ad 10).

But with regard to possessions, it is a very good thing, says the Philosopher (Polit. ii, 2) that the things possessed should be distinct, and the use thereof should be partly common, and partly granted to others by the will of the possessors. These three points were provided for by the Law. Because, in the first place, the possessions themselves were divided among individuals: for it is written (Num. 33:53, 54): "I have given you" the land "for a possession: and you shall divide it among you by lot." And since many states have been ruined through want of regulations in the matter of possessions, as the Philosopher observes (Polit. ii, 6); therefore the Law provided a threefold remedy against the irregularity of possessions. The first was that they should be divided equally, wherefore it is written (Num. 33:54): "To the more you shall give a larger part, and to the fewer, a lesser." A second remedy was that possessions could not be alienated for ever, but after a certain lapse of time should return to their former owner, so as to avoid confusion of possessions (cf. ad 3). The third remedy aimed at the removal of this confusion, and provided that the dead should be succeeded by their next of kin: in the first place, the son; secondly, the daughter; thirdly, the brother; fourthly, the father's brother; fifthly, any other next of kin. Furthermore, in order to preserve the distinction of property, the Law enacted that heiresses should marry within their own tribe, as recorded in Num. 36:6.

Secondly, the Law commanded that, in some respects, the use of things should belong to all in common. Firstly, as regards the care of them; for it was prescribed (Deut. 22:1-4): "Thou shalt not pass by, if thou seest thy brother's ox or his sheep go astray; but thou shalt bring them back to thy brother," and in like manner as to other things. Secondly, as regards fruits. For all alike were allowed on entering a friend's vineyard to eat of the fruit, but not to take any away. And, specially, with respect to the poor, it was prescribed that the forgotten sheaves, and the bunches of grapes and fruit, should be left behind for them (Lev. 19:9; Deut. 24:19). Moreover, whatever grew in the seventh year was common property, as stated in Ex. 23:11 and Lev. 25:4.

Thirdly, the law recognized the transference of goods by the owner. There was a purely gratuitous transfer: thus it is written (Deut. 14:28, 29): "The third day thou shalt separate another tithe . . . and the Levite . . . and the stranger, and the fatherless, and the widow . . . shall come and shall eat and be filled." And there was a transfer for a consideration, for instance, by selling and buying, by letting out and hiring, by loan and also by deposit, concerning all of which we find that the Law made ample provision. Consequently it is clear that the Old Law provided sufficiently concerning the mutual relations of one man with another.

Reply Obj. 1: As the Apostle says (Rom. 13:8), "he that loveth his neighbor hath fulfilled the Law": because, to wit, all the precepts of the Law, chiefly those concerning our neighbor, seem to aim at the end that men should love one another. Now it is an effect of love that men give their own goods to others: because, as stated in 1 John 3:17: "He that . . . shall see his brother in need, and shall shut up his bowels from him: how doth the charity of God abide in him?" Hence the purpose of the Law was to accustom men to give of their own to others readily: thus the Apostle (1 Tim. 6:18) commands the rich "to give easily and to communicate to others." Now a man does not give easily to others if he will not suffer another man to take some little thing from him without any great injury to him. And so the Law laid down that it should be lawful for a man, on entering his neighbor's vineyard, to eat of the fruit there: but not to carry any away, lest this should lead to the infliction of a grievous harm, and cause a disturbance of the peace: for among well-behaved people, the taking of a little does not disturb the peace; in fact, it rather strengthens friendship and accustoms men to give things to one another.

Reply Obj. 2: The Law did not prescribe that women should succeed to their father's estate except in default of male issue: failing which it was necessary that succession should be granted to the female line in order to comfort the father, who would have been sad to think that his estate would pass to strangers. Nevertheless the Law observed due caution in the matter, by providing that those women who succeeded to their father's estate, should marry within their own tribe, in order to avoid confusion of tribal possessions, as stated in Num. 36:7, 8.

Reply Obj. 3: As the Philosopher says (Polit. ii, 4), the regulation of possessions conduces much to the preservation of a state or nation. Consequently, as he himself observes, it was forbidden by the law in some of the heathen states, "that anyone should sell his possessions, except to avoid a manifest loss." For if possessions were to be sold indiscriminately, they might happen to come into the hands of a few: so that it might become necessary for a state or country to become void of inhabitants. Hence the Old Law, in order to remove this danger, ordered things in such a way that while provision was made for men's needs, by allowing the sale of possessions to avail for a certain period, at the same time the said danger was removed, by prescribing the return of those possessions after that period had elapsed. The reason for this law was to prevent confusion of possessions, and to ensure the continuance of a definite distinction among the tribes.

But as the town houses were not allotted to distinct estates, therefore the Law allowed them to be sold in perpetuity, like movable goods. Because the number of houses in a town was not fixed, whereas there was a fixed limit to the amount of estates, which could not be exceeded, while the number of houses in a town could be increased. On the other hand, houses situated not in a town, but "in a village that hath no walls," could not be sold in perpetuity: because such houses are built merely with a view to the cultivation and care of possessions; wherefore the Law rightly made the same prescription in regard to both (Lev. 25).

Reply Obj. 4: As stated above (ad 1), the purpose of the Law was to accustom men to its precepts, so as to be ready to come to one another's assistance: because this is a very great incentive to friendship. The Law granted these facilities for helping others in the matter not only of gratuitous and absolute donations, but also of mutual transfers: because the latter kind of succor is more frequent and benefits the greater number: and it granted facilities for this purpose in many ways. First of all by prescribing that men should be ready to lend, and that they should not be less inclined to do so as the year of remission drew nigh, as stated in Deut. 15:7, seqq. Secondly, by forbidding them to burden a man to whom they might grant a loan, either by exacting usury, or by accepting necessities of life in security; and by prescribing that when this had been done they should be restored at once. For it is written (Deut. 23:19): "Thou shalt not lend to thy brother money to usury": and (Deut. 24:6): "Thou shalt not take the nether nor the upper millstone to pledge; for he hath pledged his life to thee": and (Ex. 22:26): "If thou take of thy neighbor a garment in pledge, thou shalt give it him again before sunset." Thirdly, by forbidding them to be importunate in exacting payment. Hence it is written (Ex. 22:25): "If thou lend money to any of my people that is poor that dwelleth with thee, thou shalt not be hard upon them as an extortioner." For this reason, too, it is enacted (Deut. 24:10, 11): "When thou shalt demand of thy neighbor anything that he oweth thee, thou shalt not go into his house to take away a pledge, but thou shalt stand without, and he shall bring out to thee what he hath": both because a man's house is his surest refuge, wherefore it is offensive to a man to be set upon in his own house; and because the Law does not allow the creditor to take away whatever he likes in security, but rather permits the debtor to give what he needs least. Fourthly, the Law prescribed that debts should cease together after the lapse of seven years. For it was probable that those who could conveniently pay their debts, would do so before the seventh year, and would not defraud the lender without cause. But if they were altogether insolvent, there was the same reason for remitting the debt from love for them, as there was for renewing the loan on account of their need.

As regards animals granted in loan, the Law enacted that if, through the neglect of the person to whom they were lent, they perished or deteriorated in his absence, he was bound to make restitution. But if they perished or deteriorated while he was present and taking proper care of them, he was not bound to make restitution, especially if they were hired for a consideration: because they might have died or deteriorated in the same way if they had remained in possession of the lender, so that if the animal had been saved through being lent, the lender would have gained something by the loan which would no longer have been gratuitous. And especially was this to be observed when animals were hired for a consideration: because then the owner received a certain price for the use of the animals; wherefore he had no right to any profit, by receiving indemnity for the animal, unless the person who had charge of it were negligent. In the case, however, of animals not hired for a consideration, equity demanded that he should receive something by way of restitution at least to the value of the hire of the animal that had perished or deteriorated.

Reply Obj. 5: The difference between a loan and a deposit is that a loan is in respect of goods transferred for the use of the person to whom they are transferred, whereas a deposit is for the benefit of the depositor. Hence in certain cases there was a stricter obligation of returning a loan than of restoring goods held in deposit. Because the latter might be lost in two ways. First, unavoidably: i.e. either through a natural cause, for instance if an animal held in deposit were to die or depreciate in value; or through an extrinsic cause, for instance, if it were taken by an enemy, or devoured by a beast (in which case, however, a man was bound to restore to the owner what was left of the animal thus slain): whereas in the other cases mentioned above, he was not bound to make restitution; but only to take an oath in order to clear himself of suspicion. Secondly, the goods deposited might be lost through an avoidable cause, for instance by theft: and then the depositary was bound to restitution on account of his neglect. But, as stated above (ad 4), he who held an animal on loan, was bound to restitution, even if he were absent when it depreciated or died: because he was held responsible for less negligence than a depositary, who was only held responsible in case of theft.

Reply Obj. 6: Workmen who offer their labor for hire, are poor men who toil for their daily bread: and therefore the Law commanded wisely that they should be paid at once, lest they should lack food. But they who offer other commodities for hire, are wont to be rich: nor are they in such need of their price in order to gain a livelihood: and consequently the comparison does not hold.

Reply Obj. 7: The purpose for which judges are appointed among men, is that they may decide doubtful points in matters of justice. Now a matter may be doubtful in two ways. First, among simple-minded people: and in order to remove doubts of this kind, it was prescribed (Deut. 16:18) that "judges and magistrates" should be appointed in each tribe, "to judge the people with just judgment." Secondly, a matter may be doubtful even among experts: and therefore, in order to remove doubts of this kind, the Law prescribed that all should foregather in some chief place chosen by God, where there would be both the high-priest, who would decide doubtful matters relating to the ceremonies of divine worship; and the chief judge of the people, who would decide matters relating to the judgments of men: just as even now cases are taken from a lower to a higher court either by appeal or by consultation. Hence it is written (Deut. 17:8, 9): "If thou perceive that there be among you a hard and doubtful matter in judgment . . . and thou see that the words of the judges within thy gates do vary; arise and go up to the place, which the Lord thy God shall choose; and thou shalt come to the priests of the Levitical race, and to the judge that shall be at that time." But such like doubtful matters did not often occur for judgment: wherefore the people were not burdened on this account.

Reply Obj. 8: In the business affairs of men, there is no such thing as demonstrative and infallible proof, and we must be content with a certain conjectural probability, such as that which an orator employs to persuade. Consequently, although it is quite possible for two or three witnesses to agree to a falsehood, yet it is neither easy nor probable that they succeed in so doing: wherefore their testimony is taken as being true, especially if they do not waver in giving it, or are not otherwise suspect. Moreover, in order that witnesses might not easily depart from the truth, the Law commanded that they should be most carefully examined, and that those who were found untruthful should be severely punished, as stated in Deut. 19:16, seqq.

There was, however, a reason for fixing on this particular number, in token of the unerring truth of the Divine Persons, Who are sometimes mentioned as two, because the Holy Ghost is the bond of the other two Persons; and sometimes as three: as Augustine observes on John 8:17: "In your law it is written that the testimony of two men is true."

Reply Obj. 9: A severe punishment is inflicted not only on account of the gravity of a fault, but also for other reasons. First, on account of the greatness of the sin, because a greater sin, other things being equal, deserves a greater punishment. Secondly, on account of a habitual sin, since men are not easily cured of habitual sin except by severe punishments. Thirdly, on account of a great desire for or a great pleasure in the sin: for men are not easily deterred from such sins unless they be severely punished. Fourthly, on account of the facility of committing a sin and of concealing it: for such like sins, when discovered, should be more severely punished in order to deter others from committing them.

Again, with regard to the greatness of a sin, four degrees may be observed, even in respect of one single deed. The first is when a sin is committed unwillingly; because then, if the sin be altogether involuntary, man is altogether excused from punishment; for it is written (Deut. 22:25, seqq.) that a damsel who suffers violence in a field is not guilty of death, because "she cried, and there was no man to help her." But if a man sinned in any way voluntarily, and yet through weakness, as for instance when a man sins from passion, the sin is diminished: and the punishment, according to true judgment, should be diminished also; unless perchance the common weal requires that the sin be severely punished in order to deter others from committing such sins, as stated above. The second degree is when a man sins through ignorance: and then he was held to be guilty to a certain extent, on account of his negligence in acquiring knowledge: yet he was not punished by the judges but expiated his sin by sacrifices. Hence it is written (Lev. 4:2): "The soul that sinneth through ignorance," etc. This is, however, to be taken as applying to ignorance of fact; and not to ignorance of the Divine precept, which all were bound to know. The third degree was when a man sinned from pride, i.e. through deliberate choice or malice: and then he was punished according to the greatness of the sin [*Cf. Deut. 25:2]. The fourth degree was when a man sinned from stubbornness or obstinacy: and then he was to be utterly cut off as a rebel and a destroyer of the commandment of the Law [*Cf. Num. 15:30, 31].

Accordingly we must say that, in appointing the punishment for theft, the Law considered what would be likely to happen most frequently (Ex. 22:1-9): wherefore, as regards theft of other things which can easily be safeguarded from a thief, the thief restored only twice their value. But sheep cannot be easily safeguarded from a thief, because they graze in the fields: wherefore it happened more frequently that sheep were stolen in the fields. Consequently the Law inflicted a heavier penalty, by ordering four sheep to be restored for the theft of one. As to cattle, they were yet more difficult to safeguard, because they are kept in the fields, and do not graze in flocks as sheep do; wherefore a yet more heavy penalty was inflicted in their regard, so that five oxen were to be restored for one ox. And this I say, unless perchance the animal itself were discovered in the thief's possession: because in that case he had to restore only twice the number, as in the case of other thefts: for there was reason to presume that he intended to restore the animal, since he kept it alive. Again, we might say, according to a gloss, that "a cow is useful in five ways: it may be used for sacrifice, for ploughing, for food, for milk, and its hide is employed for various purposes": and therefore for one cow five had to be restored. But the sheep was useful in four ways: "for sacrifice, for meat, for milk, and for its wool." The unruly son was slain, not because he ate and drank: but on account of his stubbornness and rebellion, which was always punished by death, as stated above. As to the man who gathered sticks on the sabbath, he was stoned as a breaker of the Law, which commanded the sabbath to be observed, to testify the belief in the newness of the world, as stated above (Q. 100, A. 5): wherefore he was slain as an unbeliever.

Reply Obj. 10: The Old Law inflicted the death penalty for the more grievous crimes, viz. for those which are committed against God, and for murder, for stealing a man, irreverence towards one's parents, adultery and incest. In the case of thief of other things it inflicted punishment by indemnification: while in the case of blows and mutilation it authorized punishment by retaliation; and likewise for the sin of bearing false witness. In other faults of less degree it prescribed the punishment of stripes or of public disgrace.

The punishment of slavery was prescribed by the Law in two cases. First, in the case of a slave who was unwilling to avail himself of the privilege granted by the Law, whereby he was free to depart in the seventh year of remission: wherefore he was punished by remaining a slave for ever. Secondly, in the case of a thief, who had not wherewith to make restitution, as stated in Ex. 22:3.

The punishment of absolute exile was not prescribed by the Law: because God was worshipped by that people alone, whereas all other nations were given to idolatry: wherefore if any man were exiled from that people absolutely, he would be in danger of falling into idolatry. For this reason it is related (1 Kings 26:19) that David said to Saul: "They are cursed in the sight of the Lord, who have cast me out this day, that I should not dwell in the inheritance of the Lord, saying: Go, serve strange gods." There was, however, a restricted sort of exile: for it is written in Deut. 19:4 [*Cf. Num. 35:25] that "he that striketh [Vulg.: 'killeth'] his neighbor ignorantly, and is proved to have had no hatred against him, shall flee to one of the cities" of refuge and "abide there until the death of the high-priest." For then it became lawful for him to return home, because when the whole people thus suffered a loss they forgot their private quarrels, so that the next of kin of the slain were not so eager to kill the slayer.

Reply Obj. 11: Dumb animals were ordered to be slain, not on account of any fault of theirs; but as a punishment to their owners, who had not safeguarded their beasts from these offenses. Hence the owner was more severely punished if his ox had butted anyone "yesterday or the day before" (in which case steps might have been taken to avoid the danger) than if it had taken to butting suddenly.--Or again, the animal was slain in detestation of the sin; and lest men should be horrified at the sight thereof.

Reply Obj. 12: The literal reason for this commandment, as Rabbi Moses declares (Doct. Perplex. iii), was because the slayer was frequently from the nearest city: wherefore the slaying of the calf was a means of investigating the hidden murder. This was brought about in three ways. In the first place the elders of the city swore that they had taken every measure for safeguarding the roads. Secondly, the owner of the heifer was indemnified for the slaying of his beast, and if the murder was previously discovered, the beast was not slain. Thirdly, the place, where the heifer was slain, remained uncultivated. Wherefore, in order to avoid this twofold loss, the men of the city would readily make known the murderer, if they knew who he was: and it would seldom happen but that some word or sign would escape about the matter. Or again, this was done in order to frighten people, in detestation of murder. Because the slaying of a heifer, which is a useful animal and full of strength, especially before it has been put under the yoke, signified that whoever committed murder, however useful and strong he might be, was to forfeit his life; and that, by a cruel death, which was implied by the striking off of its head; and that the murderer, as vile and abject, was to be cut off from the fellowship of men, which was betokened by the fact that the heifer after being slain was left to rot in a rough and uncultivated place.

Mystically, the heifer taken from the herd signifies the flesh of Christ; which had not drawn a yoke, since it had done no sin; nor did it plough the ground, i.e. it never knew the stain of revolt. The fact of the heifer being killed in an uncultivated valley signified the despised death of Christ, whereby all sins are washed away, and the devil is shown to be the arch-murderer. ________________________

THIRD

[II-II, Q. 76, Art. 3]

Whether Cursing Is a Mortal Sin?

Objection 1: It would seem that cursing is not a mortal sin. For Augustine in a homily _on the Fire of Purgatory_ [*Serm. civ in the appendix of St. Augustine's works] reckons cursing among slight sins. But such sins are venial. Therefore cursing is not a mortal but a venial Sin.

Obj. 2: Further, that which proceeds from a slight movement of the mind does not seem to be generically a mortal sin. But cursing sometimes arises from a slight movement. Therefore cursing is not a mortal sin.

Obj. 3: Further, evil deeds are worse than evil words. But evil deeds are not always mortal sins. Much less therefore is cursing a mortal sin.

_On the contrary,_ Nothing save mortal sin excludes one from the kingdom of God. But cursing excludes from the kingdom of God, according to 1 Cor. 6:10, "Nor cursers [Douay: 'railers'], nor extortioners shall possess the kingdom of God." Therefore cursing is a mortal sin.

_I answer that,_ The evil words of which we are speaking now are those whereby evil is uttered against someone by way of command or desire. Now to wish evil to another man, or to conduce to that evil by commanding it, is, of its very nature, contrary to charity whereby we love our neighbor by desiring his good. Consequently it is a mortal sin, according to its genus, and so much the graver, as the person whom we curse has a greater claim on our love and respect. Hence it is written (Lev. 20:9): "He that curseth his father, or mother, dying let him die."

It may happen however that the word uttered in cursing is a venial sin either through the slightness of the evil invoked on another in cursing him, or on account of the sentiments of the person who utters the curse; because he may say such words through some slight movement, or in jest, or without deliberation, and sins of word should be weighed chiefly with regard to the speaker's intention, as stated above (Q. 72, A. 2).

From this the Replies to the Objections may be easily gathered. _______________________

FOURTH

[I-II, Q. 105, Art. 2]

Whether the Judicial Precepts Were Suitably Framed As to the Relations of One Man with Another?

Objection 1: It would seem that the judicial precepts were not suitably framed as regards the relations of one man with another. Because men cannot live together in peace, if one man takes what belongs to another. But this seems to have been approved by the Law: since it is written (Deut. 23:24): "Going into thy neighbor's vineyard, thou mayest eat as many grapes as thou pleasest." Therefore the Old Law did not make suitable provisions for man's peace.

Obj. 2: Further, one of the chief causes of the downfall of states has been the holding of property by women, as the Philosopher says (Polit. ii, 6). But this was introduced by the Old Law; for it is written (Num. 27:8): "When a man dieth without a son, his inheritance shall pass to his daughter." Therefore the Law made unsuitable provision for the welfare of the people.

Obj. 3: Further, it is most conducive to the preservation of human society that men may provide themselves with necessaries by buying and selling, as stated in _Polit._ i. But the Old Law took away the force of sales; since it prescribes that in the 50th year of the jubilee all that is sold shall return to the vendor (Lev. 25:28). Therefore in this matter the Law gave the people an unfitting command.

Obj. 4: Further, man's needs require that men should be ready to lend: which readiness ceases if the creditors do not return the pledges: hence it is written (Ecclus. 29:10): "Many have refused to lend, not out of wickedness, but they were afraid to be defrauded without cause." And yet this was encouraged by the Law. First, because it prescribed (Deut. 15:2): "He to whom any thing is owing from his friend or neighbor or brother, cannot demand it again, because it is the year of remission of the Lord"; and (Ex. 22:15) it is stated that if a borrowed animal should die while the owner is present, the borrower is not bound to make restitution. Secondly, because the security acquired through the pledge is lost: for it is written (Deut. 24:10): "When thou shalt demand of thy neighbor any thing that he oweth thee, thou shalt not go into his house to take away a pledge"; and again (Deut. 24:12, 13): "The pledge shall not lodge with thee that night, but thou shalt restore it to him presently." Therefore the Law made insufficient provision in the matter of loans.

Obj. 5: Further, considerable risk attaches to goods deposited with a fraudulent depositary: wherefore great caution should be observed in such matters: hence it is stated in 2 Mac. 3:15 that "the priests . . . called upon Him from heaven, Who made the law concerning things given to be kept, that He would preserve them safe, for them that had deposited them." But the precepts of the Old Law observed little caution in regard to deposits: since it is prescribed (Ex. 22:10, 11) that when goods deposited are lost, the owner is to stand by the oath of the depositary. Therefore the Law made unsuitable provision in this matter.

Obj. 6: Further, just as a workman offers his work for hire, so do men let houses and so forth. But there is no need for the tenant to pay his rent as soon as he takes a house. Therefore it seems an unnecessarily hard prescription (Lev. 19:13) that "the wages of him that hath been hired by thee shall not abide with thee until morning."

Obj. 7: Further, since there is often pressing need for a judge, it should be easy to gain access to one. It was therefore unfitting that the Law (Deut. 17:8, 9) should command them to go to a fixed place to ask for judgment on doubtful matters.

Obj. 8: Further, it is possible that not only two, but three or more, should agree to tell a lie. Therefore it is unreasonably stated (Deut. 19:15) that "in the mouth of two or three witnesses every word shall stand."

Objection 9: Further, punishment should be fixed according to the gravity of the fault: for which reason also it is written (Deut. 25:2): "According to the measure of the sin, shall the measure also of the stripes be." Yet the Law fixed unequal punishments for certain faults: for it is written (Ex. 22:1) that the thief "shall restore five oxen for one ox, and four sheep for one sheep." Moreover, certain slight offenses are severely punished: thus (Num. 15:32, seqq.) a man is stoned for gathering sticks on the sabbath day: and (Deut. 21:18, seqq.) the unruly son is commanded to be stoned on account of certain small transgressions, viz. because "he gave himself to revelling . . . and banquetings." Therefore the Law prescribed punishments in an unreasonable manner.

Objection 10: Further, as Augustine says (De Civ. Dei xxi, 11), "Tully writes that the laws recognize eight forms of punishment, indemnity, prison, stripes, retaliation, public disgrace, exile, death, slavery." Now some of these were prescribed by the Law. "Indemnity," as when a thief was condemned to make restitution fivefold or fourfold. "Prison," as when (Num. 15:34) a certain man is ordered to be imprisoned. "Stripes"; thus (Deut. 25:2), "if they see that the offender be worthy of stripes; they shall lay him down, and shall cause him to be beaten before them." "Public disgrace" was brought on to him who refused to take to himself the wife of his deceased brother, for she took "off his shoe from his foot, and" did "spit in his face" (Deut. 25:9). It prescribed the "death" penalty, as is clear from (Lev. 20:9): "He that curseth his father, or mother, dying let him die." The Law also recognized the "lex talionis," by prescribing (Ex. 21:24): "Eye for eye, tooth for tooth." Therefore it seems unreasonable that the Law should not have inflicted the two other punishments, viz. "exile" and "slavery."

Objection 11: Further, no punishment is due except for a fault. But dumb animals cannot commit a fault. Therefore the Law is unreasonable in punishing them (Ex. 21:29): "If the ox . . . shall kill a man or a woman," it "shall be stoned": and (Lev. 20:16): "The woman that shall lie under any beast, shall be killed together with the same." Therefore it seems that matters pertaining to the relations of one man with another were unsuitably regulated by the Law.

Objection 12: Further, the Lord commanded (Ex. 21:12) a murderer to be punished with death. But the death of a dumb animal is reckoned of much less account than the slaying of a man. Hence murder cannot be sufficiently punished by the slaying of a dumb animal. Therefore it is unfittingly prescribed (Deut. 21:1, 4) that "when there shall be found . . . the corpse of a man slain, and it is not known who is guilty of the murder . . . the ancients" of the nearest city "shall take a heifer of the herd, that hath not drawn in the yoke, nor ploughed the ground, and they shall bring her into a rough and stony valley, that never was ploughed, nor sown; and there they shall strike off the head of the heifer."

_On the contrary,_ It is recalled as a special blessing (Ps. 147:20) that "He hath not done in like manner to every nation; and His judgments He hath not made manifest to them."

_I answer that,_ As Augustine says (De Civ. Dei ii, 21), quoting Tully, "a nation is a body of men united together by consent to the law and by community of welfare." Consequently it is of the essence of a nation that the mutual relations of the citizens be ordered by just laws. Now the relations of one man with another are twofold: some are effected under the guidance of those in authority: others are effected by the will of private individuals. And since whatever is subject to the power of an individual can be disposed of according to his will, hence it is that the decision of matters between one man and another, and the punishment of evildoers, depend on the direction of those in authority, to whom men are subject. On the other hand, the power of private persons is exercised over the things they possess: and consequently their dealings with one another, as regards such things, depend on their own will, for instance in buying, selling, giving, and so forth. Now the Law provided sufficiently in respect of each of these relations between one man and another. For it established judges, as is clearly indicated in Deut. 16:18: "Thou shalt appoint judges and magistrates in all its [Vulg.: 'thy'] gates . . . that they may judge the people with just judgment." It is also directed the manner of pronouncing just judgments, according to Deut. 1:16, 17: "Judge that which is just, whether he be one of your own country or a stranger: there shall be no difference of persons." It also removed an occasion of pronouncing unjust judgment, by forbidding judges to accept bribes (Ex. 23:8; Deut. 16:19). It prescribed the number of witnesses, viz. two or three: and it appointed certain punishments to certain crimes, as we shall state farther on (ad 10).

But with regard to possessions, it is a very good thing, says the Philosopher (Polit. ii, 2) that the things possessed should be distinct, and the use thereof should be partly common, and partly granted to others by the will of the possessors. These three points were provided for by the Law. Because, in the first place, the possessions themselves were divided among individuals: for it is written (Num. 33:53, 54): "I have given you" the land "for a possession: and you shall divide it among you by lot." And since many states have been ruined through want of regulations in the matter of possessions, as the Philosopher observes (Polit. ii, 6); therefore the Law provided a threefold remedy against the irregularity of possessions. The first was that they should be divided equally, wherefore it is written (Num. 33:54): "To the more you shall give a larger part, and to the fewer, a lesser." A second remedy was that possessions could not be alienated for ever, but after a certain lapse of time should return to their former owner, so as to avoid confusion of possessions (cf. ad 3). The third remedy aimed at the removal of this confusion, and provided that the dead should be succeeded by their next of kin: in the first place, the son; secondly, the daughter; thirdly, the brother; fourthly, the father's brother; fifthly, any other next of kin. Furthermore, in order to preserve the distinction of property, the Law enacted that heiresses should marry within their own tribe, as recorded in Num. 36:6.

Secondly, the Law commanded that, in some respects, the use of things should belong to all in common. Firstly, as regards the care of them; for it was prescribed (Deut. 22:1-4): "Thou shalt not pass by, if thou seest thy brother's ox or his sheep go astray; but thou shalt bring them back to thy brother," and in like manner as to other things. Secondly, as regards fruits. For all alike were allowed on entering a friend's vineyard to eat of the fruit, but not to take any away. And, specially, with respect to the poor, it was prescribed that the forgotten sheaves, and the bunches of grapes and fruit, should be left behind for them (Lev. 19:9; Deut. 24:19). Moreover, whatever grew in the seventh year was common property, as stated in Ex. 23:11 and Lev. 25:4.

Thirdly, the law recognized the transference of goods by the owner. There was a purely gratuitous transfer: thus it is written (Deut. 14:28, 29): "The third day thou shalt separate another tithe . . . and the Levite . . . and the stranger, and the fatherless, and the widow . . . shall come and shall eat and be filled." And there was a transfer for a consideration, for instance, by selling and buying, by letting out and hiring, by loan and also by deposit, concerning all of which we find that the Law made ample provision. Consequently it is clear that the Old Law provided sufficiently concerning the mutual relations of one man with another.

Reply Obj. 1: As the Apostle says (Rom. 13:8), "he that loveth his neighbor hath fulfilled the Law": because, to wit, all the precepts of the Law, chiefly those concerning our neighbor, seem to aim at the end that men should love one another. Now it is an effect of love that men give their own goods to others: because, as stated in 1 John 3:17: "He that . . . shall see his brother in need, and shall shut up his bowels from him: how doth the charity of God abide in him?" Hence the purpose of the Law was to accustom men to give of their own to others readily: thus the Apostle (1 Tim. 6:18) commands the rich "to give easily and to communicate to others." Now a man does not give easily to others if he will not suffer another man to take some little thing from him without any great injury to him. And so the Law laid down that it should be lawful for a man, on entering his neighbor's vineyard, to eat of the fruit there: but not to carry any away, lest this should lead to the infliction of a grievous harm, and cause a disturbance of the peace: for among well-behaved people, the taking of a little does not disturb the peace; in fact, it rather strengthens friendship and accustoms men to give things to one another.

Reply Obj. 2: The Law did not prescribe that women should succeed to their father's estate except in default of male issue: failing which it was necessary that succession should be granted to the female line in order to comfort the father, who would have been sad to think that his estate would pass to strangers. Nevertheless the Law observed due caution in the matter, by providing that those women who succeeded to their father's estate, should marry within their own tribe, in order to avoid confusion of tribal possessions, as stated in Num. 36:7, 8.

Reply Obj. 3: As the Philosopher says (Polit. ii, 4), the regulation of possessions conduces much to the preservation of a state or nation. Consequently, as he himself observes, it was forbidden by the law in some of the heathen states, "that anyone should sell his possessions, except to avoid a manifest loss." For if possessions were to be sold indiscriminately, they might happen to come into the hands of a few: so that it might become necessary for a state or country to become void of inhabitants. Hence the Old Law, in order to remove this danger, ordered things in such a way that while provision was made for men's needs, by allowing the sale of possessions to avail for a certain period, at the same time the said danger was removed, by prescribing the return of those possessions after that period had elapsed. The reason for this law was to prevent confusion of possessions, and to ensure the continuance of a definite distinction among the tribes.

But as the town houses were not allotted to distinct estates, therefore the Law allowed them to be sold in perpetuity, like movable goods. Because the number of houses in a town was not fixed, whereas there was a fixed limit to the amount of estates, which could not be exceeded, while the number of houses in a town could be increased. On the other hand, houses situated not in a town, but "in a village that hath no walls," could not be sold in perpetuity: because such houses are built merely with a view to the cultivation and care of possessions; wherefore the Law rightly made the same prescription in regard to both (Lev. 25).

Reply Obj. 4: As stated above (ad 1), the purpose of the Law was to accustom men to its precepts, so as to be ready to come to one another's assistance: because this is a very great incentive to friendship. The Law granted these facilities for helping others in the matter not only of gratuitous and absolute donations, but also of mutual transfers: because the latter kind of succor is more frequent and benefits the greater number: and it granted facilities for this purpose in many ways. First of all by prescribing that men should be ready to lend, and that they should not be less inclined to do so as the year of remission drew nigh, as stated in Deut. 15:7, seqq. Secondly, by forbidding them to burden a man to whom they might grant a loan, either by exacting usury, or by accepting necessities of life in security; and by prescribing that when this had been done they should be restored at once. For it is written (Deut. 23:19): "Thou shalt not lend to thy brother money to usury": and (Deut. 24:6): "Thou shalt not take the nether nor the upper millstone to pledge; for he hath pledged his life to thee": and (Ex. 22:26): "If thou take of thy neighbor a garment in pledge, thou shalt give it him again before sunset." Thirdly, by forbidding them to be importunate in exacting payment. Hence it is written (Ex. 22:25): "If thou lend money to any of my people that is poor that dwelleth with thee, thou shalt not be hard upon them as an extortioner." For this reason, too, it is enacted (Deut. 24:10, 11): "When thou shalt demand of thy neighbor anything that he oweth thee, thou shalt not go into his house to take away a pledge, but thou shalt stand without, and he shall bring out to thee what he hath": both because a man's house is his surest refuge, wherefore it is offensive to a man to be set upon in his own house; and because the Law does not allow the creditor to take away whatever he likes in security, but rather permits the debtor to give what he needs least. Fourthly, the Law prescribed that debts should cease together after the lapse of seven years. For it was probable that those who could conveniently pay their debts, would do so before the seventh year, and would not defraud the lender without cause. But if they were altogether insolvent, there was the same reason for remitting the debt from love for them, as there was for renewing the loan on account of their need.

As regards animals granted in loan, the Law enacted that if, through the neglect of the person to whom they were lent, they perished or deteriorated in his absence, he was bound to make restitution. But if they perished or deteriorated while he was present and taking proper care of them, he was not bound to make restitution, especially if they were hired for a consideration: because they might have died or deteriorated in the same way if they had remained in possession of the lender, so that if the animal had been saved through being lent, the lender would have gained something by the loan which would no longer have been gratuitous. And especially was this to be observed when animals were hired for a consideration: because then the owner received a certain price for the use of the animals; wherefore he had no right to any profit, by receiving indemnity for the animal, unless the person who had charge of it were negligent. In the case, however, of animals not hired for a consideration, equity demanded that he should receive something by way of restitution at least to the value of the hire of the animal that had perished or deteriorated.

Reply Obj. 5: The difference between a loan and a deposit is that a loan is in respect of goods transferred for the use of the person to whom they are transferred, whereas a deposit is for the benefit of the depositor. Hence in certain cases there was a stricter obligation of returning a loan than of restoring goods held in deposit. Because the latter might be lost in two ways. First, unavoidably: i.e. either through a natural cause, for instance if an animal held in deposit were to die or depreciate in value; or through an extrinsic cause, for instance, if it were taken by an enemy, or devoured by a beast (in which case, however, a man was bound to restore to the owner what was left of the animal thus slain): whereas in the other cases mentioned above, he was not bound to make restitution; but only to take an oath in order to clear himself of suspicion. Secondly, the goods deposited might be lost through an avoidable cause, for instance by theft: and then the depositary was bound to restitution on account of his neglect. But, as stated above (ad 4), he who held an animal on loan, was bound to restitution, even if he were absent when it depreciated or died: because he was held responsible for less negligence than a depositary, who was only held responsible in case of theft.

Reply Obj. 6: Workmen who offer their labor for hire, are poor men who toil for their daily bread: and therefore the Law commanded wisely that they should be paid at once, lest they should lack food. But they who offer other commodities for hire, are wont to be rich: nor are they in such need of their price in order to gain a livelihood: and consequently the comparison does not hold.

Reply Obj. 7: The purpose for which judges are appointed among men, is that they may decide doubtful points in matters of justice. Now a matter may be doubtful in two ways. First, among simple-minded people: and in order to remove doubts of this kind, it was prescribed (Deut. 16:18) that "judges and magistrates" should be appointed in each tribe, "to judge the people with just judgment." Secondly, a matter may be doubtful even among experts: and therefore, in order to remove doubts of this kind, the Law prescribed that all should foregather in some chief place chosen by God, where there would be both the high-priest, who would decide doubtful matters relating to the ceremonies of divine worship; and the chief judge of the people, who would decide matters relating to the judgments of men: just as even now cases are taken from a lower to a higher court either by appeal or by consultation. Hence it is written (Deut. 17:8, 9): "If thou perceive that there be among you a hard and doubtful matter in judgment . . . and thou see that the words of the judges within thy gates do vary; arise and go up to the place, which the Lord thy God shall choose; and thou shalt come to the priests of the Levitical race, and to the judge that shall be at that time." But such like doubtful matters did not often occur for judgment: wherefore the people were not burdened on this account.

Reply Obj. 8: In the business affairs of men, there is no such thing as demonstrative and infallible proof, and we must be content with a certain conjectural probability, such as that which an orator employs to persuade. Consequently, although it is quite possible for two or three witnesses to agree to a falsehood, yet it is neither easy nor probable that they succeed in so doing: wherefore their testimony is taken as being true, especially if they do not waver in giving it, or are not otherwise suspect. Moreover, in order that witnesses might not easily depart from the truth, the Law commanded that they should be most carefully examined, and that those who were found untruthful should be severely punished, as stated in Deut. 19:16, seqq.

There was, however, a reason for fixing on this particular number, in token of the unerring truth of the Divine Persons, Who are sometimes mentioned as two, because the Holy Ghost is the bond of the other two Persons; and sometimes as three: as Augustine observes on John 8:17: "In your law it is written that the testimony of two men is true."

Reply Obj. 9: A severe punishment is inflicted not only on account of the gravity of a fault, but also for other reasons. First, on account of the greatness of the sin, because a greater sin, other things being equal, deserves a greater punishment. Secondly, on account of a habitual sin, since men are not easily cured of habitual sin except by severe punishments. Thirdly, on account of a great desire for or a great pleasure in the sin: for men are not easily deterred from such sins unless they be severely punished. Fourthly, on account of the facility of committing a sin and of concealing it: for such like sins, when discovered, should be more severely punished in order to deter others from committing them.

Again, with regard to the greatness of a sin, four degrees may be observed, even in respect of one single deed. The first is when a sin is committed unwillingly; because then, if the sin be altogether involuntary, man is altogether excused from punishment; for it is written (Deut. 22:25, seqq.) that a damsel who suffers violence in a field is not guilty of death, because "she cried, and there was no man to help her." But if a man sinned in any way voluntarily, and yet through weakness, as for instance when a man sins from passion, the sin is diminished: and the punishment, according to true judgment, should be diminished also; unless perchance the common weal requires that the sin be severely punished in order to deter others from committing such sins, as stated above. The second degree is when a man sins through ignorance: and then he was held to be guilty to a certain extent, on account of his negligence in acquiring knowledge: yet he was not punished by the judges but expiated his sin by sacrifices. Hence it is written (Lev. 4:2): "The soul that sinneth through ignorance," etc. This is, however, to be taken as applying to ignorance of fact; and not to ignorance of the Divine precept, which all were bound to know. The third degree was when a man sinned from pride, i.e. through deliberate choice or malice: and then he was punished according to the greatness of the sin [*Cf. Deut. 25:2]. The fourth degree was when a man sinned from stubbornness or obstinacy: and then he was to be utterly cut off as a rebel and a destroyer of the commandment of the Law [*Cf. Num. 15:30, 31].

Accordingly we must say that, in appointing the punishment for theft, the Law considered what would be likely to happen most frequently (Ex. 22:1-9): wherefore, as regards theft of other things which can easily be safeguarded from a thief, the thief restored only twice their value. But sheep cannot be easily safeguarded from a thief, because they graze in the fields: wherefore it happened more frequently that sheep were stolen in the fields. Consequently the Law inflicted a heavier penalty, by ordering four sheep to be restored for the theft of one. As to cattle, they were yet more difficult to safeguard, because they are kept in the fields, and do not graze in flocks as sheep do; wherefore a yet more heavy penalty was inflicted in their regard, so that five oxen were to be restored for one ox. And this I say, unless perchance the animal itself were discovered in the thief's possession: because in that case he had to restore only twice the number, as in the case of other thefts: for there was reason to presume that he intended to restore the animal, since he kept it alive. Again, we might say, according to a gloss, that "a cow is useful in five ways: it may be used for sacrifice, for ploughing, for food, for milk, and its hide is employed for various purposes": and therefore for one cow five had to be restored. But the sheep was useful in four ways: "for sacrifice, for meat, for milk, and for its wool." The unruly son was slain, not because he ate and drank: but on account of his stubbornness and rebellion, which was always punished by death, as stated above. As to the man who gathered sticks on the sabbath, he was stoned as a breaker of the Law, which commanded the sabbath to be observed, to testify the belief in the newness of the world, as stated above (Q. 100, A. 5): wherefore he was slain as an unbeliever.

Reply Obj. 10: The Old Law inflicted the death penalty for the more grievous crimes, viz. for those which are committed against God, and for murder, for stealing a man, irreverence towards one's parents, adultery and incest. In the case of thief of other things it inflicted punishment by indemnification: while in the case of blows and mutilation it authorized punishment by retaliation; and likewise for the sin of bearing false witness. In other faults of less degree it prescribed the punishment of stripes or of public disgrace.

The punishment of slavery was prescribed by the Law in two cases. First, in the case of a slave who was unwilling to avail himself of the privilege granted by the Law, whereby he was free to depart in the seventh year of remission: wherefore he was punished by remaining a slave for ever. Secondly, in the case of a thief, who had not wherewith to make restitution, as stated in Ex. 22:3.

The punishment of absolute exile was not prescribed by the Law: because God was worshipped by that people alone, whereas all other nations were given to idolatry: wherefore if any man were exiled from that people absolutely, he would be in danger of falling into idolatry. For this reason it is related (1 Kings 26:19) that David said to Saul: "They are cursed in the sight of the Lord, who have cast me out this day, that I should not dwell in the inheritance of the Lord, saying: Go, serve strange gods." There was, however, a restricted sort of exile: for it is written in Deut. 19:4 [*Cf. Num. 35:25] that "he that striketh [Vulg.: 'killeth'] his neighbor ignorantly, and is proved to have had no hatred against him, shall flee to one of the cities" of refuge and "abide there until the death of the high-priest." For then it became lawful for him to return home, because when the whole people thus suffered a loss they forgot their private quarrels, so that the next of kin of the slain were not so eager to kill the slayer.

Reply Obj. 11: Dumb animals were ordered to be slain, not on account of any fault of theirs; but as a punishment to their owners, who had not safeguarded their beasts from these offenses. Hence the owner was more severely punished if his ox had butted anyone "yesterday or the day before" (in which case steps might have been taken to avoid the danger) than if it had taken to butting suddenly.--Or again, the animal was slain in detestation of the sin; and lest men should be horrified at the sight thereof.

Reply Obj. 12: The literal reason for this commandment, as Rabbi Moses declares (Doct. Perplex. iii), was because the slayer was frequently from the nearest city: wherefore the slaying of the calf was a means of investigating the hidden murder. This was brought about in three ways. In the first place the elders of the city swore that they had taken every measure for safeguarding the roads. Secondly, the owner of the heifer was indemnified for the slaying of his beast, and if the murder was previously discovered, the beast was not slain. Thirdly, the place, where the heifer was slain, remained uncultivated. Wherefore, in order to avoid this twofold loss, the men of the city would readily make known the murderer, if they knew who he was: and it would seldom happen but that some word or sign would escape about the matter. Or again, this was done in order to frighten people, in detestation of murder. Because the slaying of a heifer, which is a useful animal and full of strength, especially before it has been put under the yoke, signified that whoever committed murder, however useful and strong he might be, was to forfeit his life; and that, by a cruel death, which was implied by the striking off of its head; and that the murderer, as vile and abject, was to be cut off from the fellowship of men, which was betokened by the fact that the heifer after being slain was left to rot in a rough and uncultivated place.

Mystically, the heifer taken from the herd signifies the flesh of Christ; which had not drawn a yoke, since it had done no sin; nor did it plough the ground, i.e. it never knew the stain of revolt. The fact of the heifer being killed in an uncultivated valley signified the despised death of Christ, whereby all sins are washed away, and the devil is shown to be the arch-murderer. ________________________

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