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

Whether It Suffices to Restore the Exact Amount Taken?

Objection 1: It would seem that it is not sufficient to restore the

exact amount taken. For it is written (Ex. 22:1): "If a man shall

steal an ox or a sheep and kill or sell it, he shall restore five

oxen for one ox, and four sheep for one sheep." Now everyone is bound

to keep the commandments of the Divine law. Therefore a thief is

bound to restore four- or fivefold.

Obj. 2: Further, "What things soever were written, were written for

our learning" (Rom. 15:4). Now Zachaeus said (Luke 19:8) to our Lord:

"If I have wronged any man of any thing, I restore him fourfold."

Therefore a man is bound to restore several times over the amount he

has taken unjustly.

Obj. 3: Further, no one can be unjustly deprived of what he is not

bound to give. Now a judge justly deprives a thief of more than the

amount of his theft, under the head of damages. Therefore a man is

bound to pay it, and consequently it is not sufficient to restore the

exact amount.

_On the contrary,_ Restitution re-establishes equality where an

unjust taking has caused inequality. Now equality is restored by

repaying the exact amount taken. Therefore there is no obligation to

restore more than the exact amount taken.

_I answer that,_ When a man takes another's thing unjustly, two

things must be considered. One is the inequality on the part of the

thing, which inequality is sometimes void of injustice, as is the

case in loans. The other is the sin of injustice, which is consistent

with equality on the part of the thing, as when a person intends to

use violence but fails.

As regards the first, the remedy is applied by making restitution,

since thereby equality is re-established; and for this it is enough

that a man restore just so much as he has belonging to another. But

as regards the sin, the remedy is applied by punishment, the

infliction of which belongs to the judge: and so, until a man is

condemned by the judge, he is not bound to restore more than he took,

but when once he is condemned, he is bound to pay the penalty.

Hence it is clear how to answer the First Objection: because this law

fixes the punishment to be inflicted by the judge. Nor is this

commandment to be kept now, because since the coming of Christ no man

is bound to keep the judicial precepts, as stated above (I-II, Q.

104, A. 3). Nevertheless the same might be determined by human law,

and then the same answer would apply.

Reply Obj. 2: Zachaeus said this being willing to do more than he was

bound to do; hence he had said already: "Behold . . . the half of my

goods I give to the poor."

Reply Obj. 3: By condemning the man justly, the judge can exact more

by way of damages; and yet this was not due before the sentence.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 424 / 1128 题