[II-II, Q. 88, Art. 10]

Whether Vows Admit of Dispensation?

Objection 1: It would seem that vows are not subject to dispensation. It is less to have a vow commuted than to be dispensed from keeping it. But a vow cannot be commuted, according to Lev. 27:9, 10, "A beast that may be sacrificed to the Lord, if anyone shall vow, shall be holy, and cannot be changed, neither a better for a worse, nor a worse for a better." Much less, therefore, do vows admit of dispensation.

Obj. 2: Further, no man can grant a dispensation in matters concerning the natural law and in the Divine precepts, especially those of the First Table, since these aim directly at the love of God, which is the last end of the precepts. Now the fulfilment of a vow is a matter of the natural law, and is commanded by the Divine law, as shown above (A. 3), and belongs to the precepts of the First Table since it is an act of religion. Therefore vows do not admit of dispensation.

Obj. 3: Further, the obligation of a vow is based on the fidelity which a man owes to God, as stated above (A. 3). But no man can dispense in such a matter as this. Neither, therefore, can any one grant a dispensation from a vow.

_On the contrary,_ That which proceeds from the common will of many has apparently greater stability than that which proceeds from the individual will of some one person. Now the law which derives its force from the common will admits of dispensation by a man. Therefore it seems that vows also admit of dispensation by a man.

_I answer that,_ The dispensation from a vow is to be taken in the same sense as a dispensation given in the observance of a law because, as stated above (I-II, Q. 96, A. 6; Q. 97, A. 4), a law is made with an eye to that which is good in the majority of instances. But since in certain cases this is not good, there is need for someone to decide that in that particular case the law is not to be observed. This is properly speaking to dispense in the law: for a dispensation would seem to denote a commensurate distribution or application of some common thing to those that are contained under it, in the same way as a person is said to dispense food to a household.

In like manner a person who takes a vow makes a law for himself as it were, and binds himself to do something which in itself and in the majority of cases is a good. But it may happen that in some particular case this is simply evil, or useless, or a hindrance to a greater good: and this is essentially contrary to that which is the matter of a vow, as is clear from what has been said above (A. 2). Therefore it is necessary, in such a case, to decide that the vow is not to be observed. And if it be decided absolutely that a particular vow is not to be observed, this is called a "dispensation" from that vow; but if some other obligation be imposed in lieu of that which was to have been observed, the vow is said to be "commuted." Hence it is less to commute a vow than to dispense from a vow: both, however, are in the power of the Church.

Reply Obj. 1: An animal that could be lawfully sacrificed was deemed holy from the very moment that it was the subject of a vow, being, as it were, dedicated to the worship of God: and for this reason it could not be changed: even so neither may one now exchange for something better, or worse, that which one has vowed, if it be already consecrated, e.g. a chalice or a house. On the other hand, an animal that could not be sacrificed, through not being the lawful matter of a sacrifice, could and had to be bought back, as the law requires. Even so, vows can be commuted now, if no consecration has intervened.

Reply Obj. 2: Even as man is bound by natural law and Divine precept to fulfil his vow, so, too, is he bound under the same heads to obey the law or commands of his superiors. And yet when he is dispensed from keeping a human law, this does not involve disobedience to that human law, for this would be contrary to the natural law and the Divine command; but it amounts to this--that what was law is not law in this particular case. Even so, when a superior grants a dispensation, that which was contained under a vow is by his authority no longer so contained, in so far as he decides that in this case such and such a thing is not fitting matter for a vow. Consequently when an ecclesiastical superior dispenses someone from a vow, he does not dispense him from keeping a precept of the natural or of the Divine law, but he pronounces a decision on a matter to which a man had bound himself of his own accord, and of which he was unable to consider every circumstance.

Reply Obj. 3: The fidelity we owe to God does not require that we fulfil that which it would be wrong or useless to vow, or which would be an obstacle to the greater good whereunto the dispensation from that vow would conduce. Hence the dispensation from a vow is not contrary to the fidelity due to God. _______________________

ELEVENTH

[II-II, Q. 88, Art. 11]

Whether It Is Possible to Be Dispensed from a Solemn Vow of Continency?

Objection 1: It would seem that it is possible to be dispensed from a solemn vow of continency. As stated above, one reason for granting a dispensation from a vow is if it be an obstacle to a greater good. But a vow of continency, even though it be solemn, may be an obstacle to a greater good, since the common good is more God-like than the good of an individual. Now one man's continency may be an obstacle to the good of the whole community, for instance, in the case where, if certain persons who have vowed continency were to marry, the peace of their country might be procured. Therefore it seems that it is possible to be dispensed even from a solemn vow of continency.

Obj. 2: Further, religion is a more excellent virtue than chastity. Now if a man vows an act of religion, e.g. to offer sacrifice to God he can be dispensed from that vow. Much more, therefore, can he be dispensed from the vow of continency which is about an act of chastity.

Obj. 3: Further, just as the observance of a vow of abstinence may be a source of danger to the person, so too may be the observance of a vow of continency. Now one who takes a vow of abstinence can be dispensed from that vow if it prove a source of danger to his body. Therefore for the same reason one may be dispensed from a vow of continency.

Obj. 4: Further, just as the vow of continency is part of the religious profession, whereby the vow is solemnized, so also are the vows of poverty and obedience. But it is possible to be dispensed from the vows of poverty and obedience, as in the case of those who are appointed bishops after making profession. Therefore it seems that it is possible to be dispensed from a solemn vow of continency.

_On the contrary,_ It is written (Ecclus. 26:20): "No price is worthy of a continent soul."

Further, (Extra, De Statu Monach.) at the end of the Decretal, _Cum ad Monasterium,_ it is stated that the "renouncing of property, like the keeping of chastity, is so bound up with the monastic rule, that not even the Sovereign Pontiff can disperse from its observance."

_I answer that,_ Three things may be considered in a solemn vow of continency: first, the matter of the vow, namely, continency; secondly, the perpetuity of the vow, namely, when a person binds himself by vow to the perpetual observance of chastity: thirdly, the solemnity of the vow. Accordingly, some [*William of Auxerre, Sum. Aur. III. vii. 1, qu. 5] say that the solemn vow cannot be a matter of dispensation, on account of the continency itself for which no worthy price can be found, as is stated by the authority quoted above. The reason for this is assigned by some to the fact that by continency man overcomes a foe within himself, or to the fact that by continency man is perfectly conformed to Christ in respect of purity of both body and soul. But this reason does not seem to be cogent since the goods of the soul, such as contemplation and prayer, far surpass the goods of the body and still more conform us to God, and yet one may be dispensed from a vow of prayer or contemplation. Therefore, continency itself absolutely considered seems no reason why the solemn vow thereof cannot be a matter of dispensation; especially seeing that the Apostle (1 Cor. 7:34) exhorts us to be continent on account of contemplation, when he says that the unmarried woman . . . "thinketh on the things of God [Vulg.: 'the Lord']," and since the end is of more account than the means.

Consequently others [*Albertus Magnus, Sent. iv, D, 38] find the reason for this in the perpetuity and universality of this vow. For they assert that the vow of continency cannot be canceled, save by something altogether contrary thereto, which is never lawful in any vow. But this is evidently false, because just as the practice of carnal intercourse is contrary to continency, so is eating flesh or drinking wine contrary to abstinence from such things, and yet these latter vows may be a matter for dispensation.

For this reason others [*Innocent IV, on the above decretal] maintain that one may be dispensed even from a solemn vow of continency, for the sake of some common good or common need, as in the case of the example given above (Obj. 1), of a country being restored to peace through a certain marriage to be contracted. Yet since the Decretal quoted says explicitly that "not even the Sovereign Pontiff can dispense a monk from keeping chastity," it follows seemingly, that we must maintain that, as stated above (A. 10, ad 1; cf. Lev. 27:9, 10, 28), whatsoever has once been sanctified to the Lord cannot be put to any other use. For no ecclesiastical prelate can make that which is sanctified to lose its consecration, not even though it be something inanimate, for instance a consecrated chalice to be not consecrated, so long as it remains entire. Much less, therefore, can a prelate make a man that is consecrated to God cease to be consecrated, so long as he lives. Now the solemnity of a vow consists in a kind of consecration or blessing of the person who takes the vow, as stated above (A. 7). Hence no prelate of the Church can make a man, who has pronounced a solemn vow, to be quit of that to which he was consecrated, e.g. one who is a priest, to be a priest no more, although a prelate may, for some particular reason, inhibit him from exercising his order. In like manner the Pope cannot make a man who has made his religious profession cease to be a religious, although certain jurists have ignorantly held the contrary.

We must therefore consider whether continency is essentially bound up with the purpose for which the vow is solemnized. Because if not, the solemnity of the consecration can remain without the obligation of continency, but not if continency is essentially bound up with that for which the vow is solemnized. Now the obligation of observing continency is connected with Holy Orders, not essentially but by the institution of the Church; wherefore it seems that the Church can grant a dispensation from the vow of continency solemnized by the reception of Holy Orders. On the other hand the obligation of observing continency is an essential condition of the religious state, whereby a man renounces the world and binds himself wholly to God's service, for this is incompatible with matrimony, in which state a man is under the obligation of taking to himself a wife, of begetting children, of looking after his household, and of procuring whatever is necessary for these purposes. Wherefore the Apostle says (1 Cor. 7:33) that "he that is with a wife, is solicitous for the things of the world, how he may please his wife; and he is divided." Hence the "monk" takes his name from "unity" [*The Greek _monos_] in contrast with this division. For this reason the Church cannot dispense from a vow solemnized by the religious profession; and the reason assigned by the Decretal is because "chastity is bound up with the monastic rule."

Reply Obj. 1: Perils occasioned by human affairs should be obviated by human means, not by turning divine things to a human use. Now a professed religious is dead to the world and lives to God, and so he must not be called back to the human life on the pretext of any human contingency.

Reply Obj. 2: A vow of temporal continency can be a matter of dispensation, as also a vow of temporal prayer or of temporal abstinence. But the fact that no dispensation can be granted from a vow of continency solemnized by profession is due, not to its being an act of chastity, but because through the religious profession it is already an act of religion.

Reply Obj. 3: Food is directly ordered to the upkeep of the person, therefore abstinence from food may be a direct source of danger to the person: and so on this count a vow of abstinence is a matter of dispensation. On the other hand sexual intercourse is directly ordered to the upkeep not of the person but of the species, wherefore to abstain from such intercourse by continency does not endanger the person. And if indeed accidentally it prove a source of danger to the person, this danger may be obviated by some other means, for instance by abstinence, or other corporal remedies.

Reply Obj. 4: A religious who is made a bishop is no more absolved from his vow of poverty than from his vow of continency, since he must have nothing of his own and must hold himself as being the dispenser of the common goods of the Church. In like manner neither is he dispensed from his vow of obedience; it is an accident that he is not bound to obey if he have no superior; just as the abbot of a monastery, who nevertheless is not dispensed from his vow of obedience.

The passage of Ecclesiasticus, which is put forward in the contrary sense, should be taken as meaning that neither fruitfulness of the of the flesh nor any bodily good is to be compared with continency, which is reckoned one of the goods of the soul, as Augustine declares (De Sanct. Virg. viii). Wherefore it is said pointedly "of a continent soul," not "of a continent body." _______________________

TWELFTH

[II-II, Q. 86, Art. 3]

Whether a Man May Make Oblations of Whatever He Lawfully Possesses?

Objection 1: It would seem that a man may not make oblations of whatever he lawfully possesses. According to human law [*Dig. xii, v, de Condict. ob. turp. vel iniust. caus. 4] "the whore's is a shameful trade in what she does but not in what she takes," and consequently what she takes she possesses lawfully. Yet it is not lawful for her to make an oblation with her gains, according to Deut. 23:18, "Thou shalt not offer the hire of a strumpet . . . in the house of the Lord thy God." Therefore it is not lawful to make an oblation of whatever one possesses lawfully.

Obj. 2: Further, in the same passage it is forbidden to offer "the price of a dog" in the house of God. But it is evident that a man possesses lawfully the price of a dog he has lawfully sold. Therefore it is not lawful to make an oblation of whatever we possess lawfully.

Obj. 3: Further, it is written (Malachi 1:8): "If you offer the lame and the sick, is it not evil?" Yet an animal though lame or sick is a lawful possession. Therefore it would seem that not of every lawful possession may one make an oblation.

_On the contrary,_ It is written (Prov. 3:9): "Honor the Lord with thy substance." Now whatever a man possesses lawfully belongs to his substance. Therefore he may make oblations of whatever he possesses lawfully.

_I answer that,_ As Augustine says (De Verb. Dom. Serm. cxiii), "shouldst thou plunder one weaker than thyself and give some of the spoil to the judge, if he should pronounce in thy favor, such is the force of justice that even thou wouldst not be pleased with him: and if this should not please thee, neither does it please thy God." Hence it is written (Ecclus. 34:21): "The offering of him that sacrificeth of a thing wrongfully gotten is stained." Therefore it is evident that an oblation must not be made of things unjustly acquired or possessed. In the Old Law, however, wherein the figure was predominant, certain things were reckoned unclean on account of their signification, and it was forbidden to offer them. But in the New Law all God's creatures are looked upon as clean, as stated in Titus 1:15: and consequently anything that is lawfully possessed, considered in itself, may be offered in oblation. But it may happen accidentally that one may not make an oblation of what one possesses lawfully; for instance if it be detrimental to another person, as in the case of a son who offers to God the means of supporting his father (which our Lord condemns, Matt. 15:5), or if it give rise to scandal or contempt, or the like.

Reply Obj. 1: In the Old Law it was forbidden to make an offering of the hire of a strumpet on account of its uncleanness, and in the New Law, on account of scandal, lest the Church seem to favor sin if she accept oblations from the profits of sin.

Reply Obj. 2: According to the Law, a dog was deemed an unclean animal. Yet other unclean animals were redeemed and their price could be offered, according to Lev. 27:27, "If it be an unclean animal, he that offereth it shall redeem it." But a dog was neither offered nor redeemed, both because idolaters used dogs in sacrifices to their idols, and because they signify robbery, the proceeds of which cannot be offered in oblation. However, this prohibition ceased under the New Law.

Reply Obj. 3: The oblation of a blind or lame animal was declared unlawful for three reasons. First, on account of the purpose for which it was offered, wherefore it is written (Malach. 1:8): "If you offer the blind in sacrifice, is it not evil?" and it behooved sacrifices to be without blemish. Secondly, on account of contempt, wherefore the same text goes on (Malach. 1:12): "You have profaned" My name, "in that you say: The table of the Lord is defiled and that which is laid thereupon is contemptible." Thirdly, on account of a previous vow, whereby a man has bound himself to offer without blemish whatever he has vowed: hence the same text says further on (Malach. 1:14): "Cursed is the deceitful man that hath in his flock a male, and making a vow offereth in sacrifice that which is feeble to the Lord." The same reasons avail still in the New Law, but when they do not apply the unlawfulness ceases. _______________________

FOURTH

[II-II, Q. 87, Art. 1]

Whether Men Are Bound to Pay Tithes Under a Necessity of Precept?

Objection 1: It would seem that men are not bound by precept to pay tithes. The commandment to pay tithes is contained in the Old Law (Lev. 27:30), "All tithes of the land, whether of corn or of the fruits of trees, are the Lord's," and further on (Lev. 27:32): "Of all the tithes of oxen and sheep and goats, that pass under the shepherd's rod, every tenth that cometh shall be sanctified to the Lord." This cannot be reckoned among the moral precepts, because natural reason does not dictate that one ought to give a tenth part, rather than a ninth or eleventh. Therefore it is either a judicial or a ceremonial precept. Now, as stated above (I-II, Q. 103, A. 3; Q. 104, A. 3), during the time of grace men are hound neither to the ceremonial nor to the judicial precepts of the Old Law. Therefore men are not bound now to pay tithes.

Obj. 2: Further, during the time of grace men are bound only to those things which were commanded by Christ through the Apostles, according to Matt. 28:20, "Teaching them to observe all things whatsoever I have commanded you"; and Paul says (Acts 20:27): "I have not spared to declare unto you all the counsel of God." Now neither in the teaching of Christ nor in that of the apostles is there any mention of the paying of tithes: for the saying of our Lord about tithes (Matt. 23:23), "These things you ought to have done" seems to refer to the past time of legal observance: thus Hilary says (Super Matth. can. xxiv): "The tithing of herbs, which was useful in foreshadowing the future, was not to be omitted." Therefore during the time of grace men are not bound to pay tithes.

Obj. 3: Further, during the time of grace, men are not more bound to the legal observances than before the Law. But before the Law tithes were given, by reason not of a precept but of a vow. For we read (Gen. 28:20, 22) that Jacob "made a vow" saying: "If God shall be with me, and shall keep me in the way by which I walk . . . of all the things that Thou shalt give to me, I will offer tithes to Thee." Neither, therefore, during the time of grace are men bound to pay tithes.

Obj. 4: Further, in the Old Law men were bound to pay three kinds of tithe. For it is written (Num. 18:23, 24): "The sons of Levi . . . shall . . . be content with the oblation of tithes, which I have separated for their uses and necessities." Again, there were other tithes of which we read (Deut. 14:22, 23): "Every year thou shalt set aside the tithes of all thy fruits, that the earth bringeth forth year by year; and thou shalt eat before the Lord thy God in the place which He shall choose." And there were yet other tithes, of which it is written (Deut. 14:28): "The third year thou shalt separate another tithe of all things that grow to thee at that time, and shalt lay it up within thy gates. And the Levite that hath no other part nor possession with thee, and the stranger, and the fatherless, and the widow, that are within thy gates, shall . . . eat and be filled." Now during the time of grace men are not bound to pay the second and third tithes. Neither therefore are they bound to pay the first.

Obj. 5: Further, a debt that is due without any time being fixed for its payment, must be paid at once under pain of sin. Accordingly if during the time of grace men are bound, under necessity of precept, to pay tithes in those countries where tithes are not paid, they would all be in a state of mortal sin, and so would also be the ministers of the Church for dissembling. But this seems unreasonable. Therefore during the time of grace men are not bound under necessity of precept to pay tithes.

_On the contrary,_ Augustine [*Append. Serm. cclxxcii], whose words are quoted 16, qu. i [*Can. Decimae], says: "It is a duty to pay tithes, and whoever refuses to pay them takes what belongs to another."

_I answer that,_ In the Old Law tithes were paid for the sustenance of the ministers of God. Hence it is written (Malach. 3:10): "Bring all the tithes into My [Vulg.: 'the'] store-house that there may be meat in My house." Hence the precept about the paying of tithes was partly moral and instilled in the natural reason; and partly judicial, deriving its force from its divine institution. Because natural reason dictates that the people should administer the necessaries of life to those who minister the divine worship for the welfare of the whole people even as it is the people's duty to provide a livelihood for their rulers and soldiers and so forth. Hence the Apostle proves this from human custom, saying (1 Cor. 9:7): "Who serveth as a soldier at any time at his own charge? Who planteth a vineyard and eateth not of the fruit thereof?" But the fixing of the proportion to be offered to the ministers of divine worship does not belong to the natural law, but was determined by divine institution, in accordance with the condition of that people to whom the law was being given. For they were divided into twelve tribes, and the twelfth tribe, namely that of Levi, was engaged exclusively in the divine ministry and had no possessions whence to derive a livelihood: and so it was becomingly ordained that the remaining eleven tribes should give one-tenth part of their revenues to the Levites [*Num. 18:21] that the latter might live respectably; and also because some, through negligence, would disregard this precept. Hence, so far as the tenth part was fixed, the precept was judicial, since all institutions established among this people for the special purpose of preserving equality among men, in accordance with this people's condition, are called "judicial precepts." Nevertheless by way of consequence these institutions foreshadowed something in the future, even as everything else connected with them, according to 1 Cor. 12, "All these things happened to them in figure." In this respect they had something in common with the _ceremonial precepts,_ which were instituted chiefly that they might be signs of the future. Hence the precept about paying tithes foreshadowed something in the future. For ten is, in a way, the perfect number (being the first numerical limit, since the figures do not go beyond ten but begin over again from one), and therefore he that gave a tenth, which is the sign of perfection, reserving the nine other parts for himself, acknowledged by a sign that imperfection was his part, and that the perfection which was to come through Christ was to be hoped for from God. Yet this proves it to be, not a ceremonial but a judicial precept, as stated above.

There is this difference between the ceremonial and judicial precepts of the Law, as we stated above (I-II, Q. 104, A. 3), that it is unlawful to observe the ceremonial precepts at the time of the New Law, whereas there is no sin in keeping the judicial precepts during the time of grace although they are not binding. Indeed they are bound to be observed by some, if they be ordained by the authority of those who have power to make laws. Thus it was a judicial precept of the Old Law that he who stole a sheep should restore four sheep (Ex. 22:1), and if any king were to order this to be done his subjects would be bound to obey. In like manner during the time of the New Law the authority of the Church has established the payment of tithe; thus showing a certain kindliness, lest the people of the New Law should give less to the ministers of the New Testament than did the people of the Old Law to the ministers of the Old Testament; for the people of the New Law are under greater obligations, according to Matt. 5:20, "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven," and, moreover, the ministers of the New Testament are of greater dignity than the ministers of the Old Testament, as the Apostle shows (2 Cor. 3:7, 8).

Accordingly it is evident that man's obligation to pay tithes arises partly from natural law, partly from the institution of the Church; who, nevertheless, in consideration of the requirements of time and persons might ordain the payment of some other proportion.

This suffices for the Reply to the First Objection.

Reply Obj. 2: The precept about paying tithes, in so far as it was a moral precept, was given in the Gospel by our Lord when He said (Matt. 10:10) [*The words as quoted are from Luke 10:7: Matthew has 'meat' instead of 'hire']: "The workman is worthy of his hire," and the Apostle says the same (1 Cor. 9:4 seqq.). But the fixing of the particular proportion is left to the ordinance of the Church.

Reply Obj. 3: Before the time of the Old Law the ministry of the divine worship was not entrusted to any particular person; although it is stated that the first-born were priests, and that they received a double portion. For this very reason no particular portion was directed to be given to the ministers of the divine worship: but when they met with one, each man of his own accord gave him what he deemed right. Thus Abraham by a kind of prophetic instinct gave tithes to Melchisedech, the priest of the Most High God, according to Gen. 14:20, and again Jacob made a vow to give tithes [*Gen. 28:20], although he appears to have vowed to do so, not by paying them to ministers, but for the purpose of the divine worship, for instance for the fulfilling of sacrifices, hence he said significantly: "I will offer tithes to Thee."

Reply Obj. 4: The second kind of tithe, which was reserved for the offering of sacrifices, has no place in the New Law, since the legal victims had ceased. But the third kind of tithe which they had to eat with the poor, is increased in the New Law, for our Lord commanded us to give to the poor not merely the tenth part, but all our surplus, according to Luke 11:41: "That which remaineth, give alms." Moreover the tithes that are given to the ministers of the Church should be dispensed by them for the use of the poor.

Reply Obj. 5: The ministers of the Church ought to be more solicitous for the increase of spiritual goods in the people, than for the amassing of temporal goods: and hence the Apostle was unwilling to make use of the right given him by the Lord of receiving his livelihood from those to whom he preached the Gospel, lest he should occasion a hindrance to the Gospel of Christ [*1 Cor. 9:12]. Nor did they sin who did not contribute to his upkeep, else the Apostle would not have omitted to reprove them. In like manner the ministers of the Church rightly refrain from demanding the Church's tithes, when they could not demand them without scandal, on account of their having fallen into desuetude, or for some other reason. Nevertheless those who do not give tithes in places where the Church does not demand them are not in a state of damnation, unless they be obstinate, and unwilling to pay even if tithes were demanded of them. _______________________

SECOND

[II-II, Q. 87, Art. 1]

Whether Men Are Bound to Pay Tithes Under a Necessity of Precept?

Objection 1: It would seem that men are not bound by precept to pay tithes. The commandment to pay tithes is contained in the Old Law (Lev. 27:30), "All tithes of the land, whether of corn or of the fruits of trees, are the Lord's," and further on (Lev. 27:32): "Of all the tithes of oxen and sheep and goats, that pass under the shepherd's rod, every tenth that cometh shall be sanctified to the Lord." This cannot be reckoned among the moral precepts, because natural reason does not dictate that one ought to give a tenth part, rather than a ninth or eleventh. Therefore it is either a judicial or a ceremonial precept. Now, as stated above (I-II, Q. 103, A. 3; Q. 104, A. 3), during the time of grace men are hound neither to the ceremonial nor to the judicial precepts of the Old Law. Therefore men are not bound now to pay tithes.

Obj. 2: Further, during the time of grace men are bound only to those things which were commanded by Christ through the Apostles, according to Matt. 28:20, "Teaching them to observe all things whatsoever I have commanded you"; and Paul says (Acts 20:27): "I have not spared to declare unto you all the counsel of God." Now neither in the teaching of Christ nor in that of the apostles is there any mention of the paying of tithes: for the saying of our Lord about tithes (Matt. 23:23), "These things you ought to have done" seems to refer to the past time of legal observance: thus Hilary says (Super Matth. can. xxiv): "The tithing of herbs, which was useful in foreshadowing the future, was not to be omitted." Therefore during the time of grace men are not bound to pay tithes.

Obj. 3: Further, during the time of grace, men are not more bound to the legal observances than before the Law. But before the Law tithes were given, by reason not of a precept but of a vow. For we read (Gen. 28:20, 22) that Jacob "made a vow" saying: "If God shall be with me, and shall keep me in the way by which I walk . . . of all the things that Thou shalt give to me, I will offer tithes to Thee." Neither, therefore, during the time of grace are men bound to pay tithes.

Obj. 4: Further, in the Old Law men were bound to pay three kinds of tithe. For it is written (Num. 18:23, 24): "The sons of Levi . . . shall . . . be content with the oblation of tithes, which I have separated for their uses and necessities." Again, there were other tithes of which we read (Deut. 14:22, 23): "Every year thou shalt set aside the tithes of all thy fruits, that the earth bringeth forth year by year; and thou shalt eat before the Lord thy God in the place which He shall choose." And there were yet other tithes, of which it is written (Deut. 14:28): "The third year thou shalt separate another tithe of all things that grow to thee at that time, and shalt lay it up within thy gates. And the Levite that hath no other part nor possession with thee, and the stranger, and the fatherless, and the widow, that are within thy gates, shall . . . eat and be filled." Now during the time of grace men are not bound to pay the second and third tithes. Neither therefore are they bound to pay the first.

Obj. 5: Further, a debt that is due without any time being fixed for its payment, must be paid at once under pain of sin. Accordingly if during the time of grace men are bound, under necessity of precept, to pay tithes in those countries where tithes are not paid, they would all be in a state of mortal sin, and so would also be the ministers of the Church for dissembling. But this seems unreasonable. Therefore during the time of grace men are not bound under necessity of precept to pay tithes.

_On the contrary,_ Augustine [*Append. Serm. cclxxcii], whose words are quoted 16, qu. i [*Can. Decimae], says: "It is a duty to pay tithes, and whoever refuses to pay them takes what belongs to another."

_I answer that,_ In the Old Law tithes were paid for the sustenance of the ministers of God. Hence it is written (Malach. 3:10): "Bring all the tithes into My [Vulg.: 'the'] store-house that there may be meat in My house." Hence the precept about the paying of tithes was partly moral and instilled in the natural reason; and partly judicial, deriving its force from its divine institution. Because natural reason dictates that the people should administer the necessaries of life to those who minister the divine worship for the welfare of the whole people even as it is the people's duty to provide a livelihood for their rulers and soldiers and so forth. Hence the Apostle proves this from human custom, saying (1 Cor. 9:7): "Who serveth as a soldier at any time at his own charge? Who planteth a vineyard and eateth not of the fruit thereof?" But the fixing of the proportion to be offered to the ministers of divine worship does not belong to the natural law, but was determined by divine institution, in accordance with the condition of that people to whom the law was being given. For they were divided into twelve tribes, and the twelfth tribe, namely that of Levi, was engaged exclusively in the divine ministry and had no possessions whence to derive a livelihood: and so it was becomingly ordained that the remaining eleven tribes should give one-tenth part of their revenues to the Levites [*Num. 18:21] that the latter might live respectably; and also because some, through negligence, would disregard this precept. Hence, so far as the tenth part was fixed, the precept was judicial, since all institutions established among this people for the special purpose of preserving equality among men, in accordance with this people's condition, are called "judicial precepts." Nevertheless by way of consequence these institutions foreshadowed something in the future, even as everything else connected with them, according to 1 Cor. 12, "All these things happened to them in figure." In this respect they had something in common with the _ceremonial precepts,_ which were instituted chiefly that they might be signs of the future. Hence the precept about paying tithes foreshadowed something in the future. For ten is, in a way, the perfect number (being the first numerical limit, since the figures do not go beyond ten but begin over again from one), and therefore he that gave a tenth, which is the sign of perfection, reserving the nine other parts for himself, acknowledged by a sign that imperfection was his part, and that the perfection which was to come through Christ was to be hoped for from God. Yet this proves it to be, not a ceremonial but a judicial precept, as stated above.

There is this difference between the ceremonial and judicial precepts of the Law, as we stated above (I-II, Q. 104, A. 3), that it is unlawful to observe the ceremonial precepts at the time of the New Law, whereas there is no sin in keeping the judicial precepts during the time of grace although they are not binding. Indeed they are bound to be observed by some, if they be ordained by the authority of those who have power to make laws. Thus it was a judicial precept of the Old Law that he who stole a sheep should restore four sheep (Ex. 22:1), and if any king were to order this to be done his subjects would be bound to obey. In like manner during the time of the New Law the authority of the Church has established the payment of tithe; thus showing a certain kindliness, lest the people of the New Law should give less to the ministers of the New Testament than did the people of the Old Law to the ministers of the Old Testament; for the people of the New Law are under greater obligations, according to Matt. 5:20, "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven," and, moreover, the ministers of the New Testament are of greater dignity than the ministers of the Old Testament, as the Apostle shows (2 Cor. 3:7, 8).

Accordingly it is evident that man's obligation to pay tithes arises partly from natural law, partly from the institution of the Church; who, nevertheless, in consideration of the requirements of time and persons might ordain the payment of some other proportion.

This suffices for the Reply to the First Objection.

Reply Obj. 2: The precept about paying tithes, in so far as it was a moral precept, was given in the Gospel by our Lord when He said (Matt. 10:10) [*The words as quoted are from Luke 10:7: Matthew has 'meat' instead of 'hire']: "The workman is worthy of his hire," and the Apostle says the same (1 Cor. 9:4 seqq.). But the fixing of the particular proportion is left to the ordinance of the Church.

Reply Obj. 3: Before the time of the Old Law the ministry of the divine worship was not entrusted to any particular person; although it is stated that the first-born were priests, and that they received a double portion. For this very reason no particular portion was directed to be given to the ministers of the divine worship: but when they met with one, each man of his own accord gave him what he deemed right. Thus Abraham by a kind of prophetic instinct gave tithes to Melchisedech, the priest of the Most High God, according to Gen. 14:20, and again Jacob made a vow to give tithes [*Gen. 28:20], although he appears to have vowed to do so, not by paying them to ministers, but for the purpose of the divine worship, for instance for the fulfilling of sacrifices, hence he said significantly: "I will offer tithes to Thee."

Reply Obj. 4: The second kind of tithe, which was reserved for the offering of sacrifices, has no place in the New Law, since the legal victims had ceased. But the third kind of tithe which they had to eat with the poor, is increased in the New Law, for our Lord commanded us to give to the poor not merely the tenth part, but all our surplus, according to Luke 11:41: "That which remaineth, give alms." Moreover the tithes that are given to the ministers of the Church should be dispensed by them for the use of the poor.

Reply Obj. 5: The ministers of the Church ought to be more solicitous for the increase of spiritual goods in the people, than for the amassing of temporal goods: and hence the Apostle was unwilling to make use of the right given him by the Lord of receiving his livelihood from those to whom he preached the Gospel, lest he should occasion a hindrance to the Gospel of Christ [*1 Cor. 9:12]. Nor did they sin who did not contribute to his upkeep, else the Apostle would not have omitted to reprove them. In like manner the ministers of the Church rightly refrain from demanding the Church's tithes, when they could not demand them without scandal, on account of their having fallen into desuetude, or for some other reason. Nevertheless those who do not give tithes in places where the Church does not demand them are not in a state of damnation, unless they be obstinate, and unwilling to pay even if tithes were demanded of them. _______________________

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