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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