Whether the Old Law Set Forth Suitable Precepts About the Members of
the Household?
Objection 1: It would seem that the Old Law set forth unsuitable
precepts about the members of the household. For a slave "is in every
respect his master's property," as the Philosopher states (Polit. i,
2). But that which is a man's property should be his always.
Therefore it was unfitting for the Law to command (Ex. 21:2) that
slaves should "go out free" in the seventh year.
Obj. 2: Further, a slave is his master's property, just as an animal,
e.g. an ass or an ox. But it is commanded (Deut. 22:1-3) with regard
to animals, that they should be brought back to the owner if they be
found going astray. Therefore it was unsuitably commanded (Deut.
23:15): "Thou shalt not deliver to his master the servant that is
fled to thee."
Obj. 3: Further, the Divine Law should encourage mercy more even than
the human law. But according to human laws those who ill-treat their
servants and maidservants are severely punished: and the worse
treatment of all seems to be that which results in death. Therefore
it is unfittingly commanded (Ex. 21:20, 21) that "he that striketh
his bondman or bondwoman with a rod, and they die under his hands
. . . if the party remain alive a day . . . he shall not be subject
to the punishment, because it is his money."
Obj. 4: Further, the dominion of a master over his slave differs from
that of the father over his son (Polit. i, 3). But the dominion of
master over slave gives the former the right to sell his servant or
maidservant. Therefore it was unfitting for the Law to allow a man to
sell his daughter to be a servant or handmaid (Ex. 21:7).
Obj. 5: Further, a father has power over his son. But he who has
power over the sinner has the right to punish him for his offenses.
Therefore it is unfittingly commanded (Deut. 21:18, seqq.) that a
father should bring his son to the ancients of the city for
punishment.
Obj. 6: Further, the Lord forbade them (Deut. 7:3, seqq.) to make
marriages with strange nations; and commanded the dissolution of such
as had been contracted (1 Esdras 10). Therefore it was unfitting to
allow them to marry captive women from strange nations (Deut. 21:10,
seqq.).
Obj. 7: Further, the Lord forbade them to marry within certain
degrees of consanguinity and affinity, according to Lev. 18.
Therefore it was unsuitably commanded (Deut. 25:5) that if any man
died without issue, his brother should marry his wife.
Obj. 8: Further, as there is the greatest familiarity between man and
wife, so should there be the staunchest fidelity. But this is
impossible if the marriage bond can be sundered. Therefore it was
unfitting for the Lord to allow (Deut. 24:1-4) a man to put his wife
away, by writing a bill of divorce; and besides, that he could not
take her again to wife.
Objection 9: Further, just as a wife can be faithless to her husband,
so can a slave be to his master, and a son to his father. But the Law
did not command any sacrifice to be offered in order to investigate
the injury done by a servant to his master, or by a son to his
father. Therefore it seems to have been superfluous for the Law to
prescribe the "sacrifice of jealousy" in order to investigate a
wife's adultery (Num. 5:12, seqq.). Consequently it seems that the
Law put forth unsuitable judicial precepts about the members of the
household.
_On the contrary,_ It is written (Ps. 18:10): "The judgments of the
Lord are true, justified in themselves."
_I answer that,_ The mutual relations of the members of a household
regard everyday actions directed to the necessities of life, as the
Philosopher states (Polit. i, 1). Now the preservation of man's life
may be considered from two points of view. First, from the point of
view of the individual, i.e. in so far as man preserves his
individuality: and for the purpose of the preservation of life,
considered from this standpoint, man has at his service external
goods, by means of which he provides himself with food and clothing
and other such necessaries of life: in the handling of which he has
need of servants. Secondly man's life is preserved from the point of
view of the species, by means of generation, for which purpose man
needs a wife, that she may bear him children. Accordingly the mutual
relations of the members of a household admit of a threefold
combination: viz. those of master and servant, those of husband and
wife, and those of father and son: and in respect of all these
relationships the Old Law contained fitting precepts. Thus, with
regard to servants, it commanded them to be treated with
moderation--both as to their work, lest, to wit, they should be
burdened with excessive labor, wherefore the Lord commanded (Deut.
5:14) that on the Sabbath day "thy manservant and thy maidservant"
should "rest even as thyself"--and also as to the infliction of
punishment, for it ordered those who maimed their servants, to set
them free (Ex. 21:26, 27). Similar provision was made in favor of a
maidservant when married to anyone (Ex. 21:7, seqq.). Moreover, with
regard to those servants in particular who were taken from among the
people, the Law prescribed that they should go out free in the
seventh year taking whatever they brought with them, even their
clothes (Ex. 21:2, seqq.): and furthermore it was commanded (Deut.
15:13) that they should be given provision for the journey.
With regard to wives the Law made certain prescriptions as to those
who were to be taken in marriage: for instance, that they should
marry a wife from their own tribe (Num. 36:6): and this lest
confusion should ensue in the property of various tribes. Also that a
man should marry the wife of his deceased brother when the latter
died without issue, as prescribed in Deut. 25:5, 6: and this in order
that he who could not have successors according to carnal origin,
might at least have them by a kind of adoption, and that thus the
deceased might not be entirely forgotten. It also forbade them to
marry certain women; to wit, women of strange nations, through fear
of their losing their faith; and those of their near kindred, on
account of the natural respect due to them. Furthermore it prescribed
in what way wives were to be treated after marriage. To wit, that
they should not be slandered without grave reason: wherefore it
ordered punishment to be inflicted on the man who falsely accused his
wife of a crime (Deut. 22:13, seqq.). Also that a man's hatred of his
wife should not be detrimental to his son (Deut. 21:15, seqq.).
Again, that a man should not ill-use his wife through hatred of her,
but rather that he should write a bill of divorce and send her away
(Deut. 24:1). Furthermore, in order to foster conjugal love from the
very outset, it was prescribed that no public duties should be laid
on a recently married man, so that he might be free to rejoice with
his wife.
With regard to children, the Law commanded parents to educate them by
instructing them in the faith: hence it is written (Ex. 12:26,
seqq.): "When your children shall say to you: What is the meaning of
this service? You shall say to them: It is the victim of the passage
of the Lord." Moreover, they are commanded to teach them the rules of
right conduct: wherefore it is written (Deut. 21:20) that the parents
had to say: "He slighteth hearing our admonitions, he giveth himself
to revelling and to debauchery."
Reply Obj. 1: As the children of Israel had been delivered by the
Lord from slavery, and for this reason were bound to the service of
God, He did not wish them to be slaves in perpetuity. Hence it is
written (Lev. 25:39, seqq.): "If thy brother, constrained by poverty,
sell himself to thee, thou shalt not oppress him with the service of
bondservants: but he shall be as a hireling and a sojourner . . . for
they are My servants, and I brought them out of the land of Egypt:
let them not be sold as bondmen": and consequently, since they were
slaves, not absolutely but in a restricted sense, after a lapse of
time they were set free.
Reply Obj. 2: This commandment is to be understood as referring to a
servant whom his master seeks to kill, or to help him in committing
some sin.
Reply Obj. 3: With regard to the ill-treatment of servants, the Law
seems to have taken into consideration whether it was certain or not:
since if it were certain, the Law fixed a penalty: for maiming, the
penalty was forfeiture of the servant, who was ordered to be given
his liberty: while for slaying, the punishment was that of a
murderer, when the slave died under the blow of his master. If,
however, the hurt was not certain, but only probable, the Law did not
impose any penalty as regards a man's own servant: for instance if
the servant did not die at once after being struck, but after some
days: for it would be uncertain whether he died as a result of the
blows he received. For when a man struck a free man, yet so that he
did not die at once, but "walked abroad again upon his staff," he
that struck him was quit of murder, even though afterwards he died.
Nevertheless he was bound to pay the doctor's fees incurred by the
victim of his assault. But this was not the case if a man killed his
own servant: because whatever the servant had, even his very person,
was the property of his master. Hence the reason for his not being
subject to a pecuniary penalty is set down as being "because it is
his money."
Reply Obj. 4: As stated above (ad 1), no Jew could own a Jew as a
slave absolutely: but only in a restricted sense, as a hireling for a
fixed time. And in this way the Law permitted that through stress of
poverty a man might sell his son or daughter. This is shown by the
very words of the Law, where we read: "If any man sell his daughter
to be a servant, she shall not go out as bondwomen are wont to go
out." Moreover, in this way a man might sell not only his son, but
even himself, rather as a hireling than as a slave, according to Lev.
25:39, 40: "If thy brother, constrained by poverty, sell himself to
thee, thou shalt not oppress him with the service of bondservants:
but he shall be as a hireling and a sojourner."
Reply Obj. 5: As the Philosopher says (Ethic. x, 9), the paternal
authority has the power only of admonition; but not that of coercion,
whereby rebellious and headstrong persons can be compelled. Hence in
this case the Lord commanded the stubborn son to be punished by the
rulers of the city.
Reply Obj. 6: The Lord forbade them to marry strange women on account
of the danger of seduction, lest they should be led astray into
idolatry. And specially did this prohibition apply with respect to
those nations who dwelt near them, because it was more probable that
they would adopt their religious practices. When, however, the woman
was willing to renounce idolatry, and become an adherent of the Law,
it was lawful to take her in marriage: as was the case with Ruth whom
Booz married. Wherefore she said to her mother-in-law (Ruth 1:16):
"Thy people shall be my people, and thy God my God." Accordingly it
was not permitted to marry a captive woman unless she first shaved
her hair, and pared her nails, and put off the raiment wherein she
was taken, and mourned for her father and mother, in token that she
renounced idolatry for ever.
Reply Obj. 7: As Chrysostom says (Hom. xlviii super Matth.), "because
death was an unmitigated evil for the Jews, who did everything with a
view to the present life, it was ordained that children should be
born to the dead man through his brother: thus affording a certain
mitigation to his death. It was not, however, ordained that any other
than his brother or one next of kin should marry the wife of the
deceased, because" the offspring of this union "would not be looked
upon as that of the deceased: and moreover, a stranger would not be
under the obligation to support the household of the deceased, as his
brother would be bound to do from motives of justice on account of
his relationship." Hence it is evident that in marrying the wife of
his dead brother, he took his dead brother's place.
Reply Obj. 8: The Law permitted a wife to be divorced, not as though
it were just absolutely speaking, but on account of the Jews'
hardness of heart, as Our Lord declared (Matt. 19:8). Of this,
however, we must speak more fully in the treatise on Matrimony
(Supp., Q. 67).
Reply Obj. 9: Wives break their conjugal faith by adultery, both
easily, for motives of pleasure, and hiddenly, since "the eye of the
adulterer observeth darkness" (Job 24:15). But this does not apply to
a son in respect of his father, or to a servant in respect of his
master: because the latter infidelity is not the result of the lust
of pleasure, but rather of malice: nor can it remain hidden like the
infidelity of an adulterous woman.
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