FOURTH ARTICLE [II-II, Q. 62, Art. 4]

Whether a Man Is Bound to Restore What He Has Not Taken?

Objection 1: It would seem that a man is bound to restore what he has

not taken. For he that has inflicted a loss on a man is bound to

remove that loss. Now it happens sometimes that the loss sustained is

greater than the thing taken: for instance, if you dig up a man's

seeds, you inflict on the sower a loss equal to the coming harvest,

and thus you would seem to be bound to make restitution accordingly.

Therefore a man is bound to restore what he has not taken.

Obj. 2: Further, he who retains his creditor's money beyond the

stated time, would seem to occasion his loss of all his possible

profits from that money, and yet he does not really take them.

Therefore it seems that a man is bound to restore what he did not

take.

Obj. 3: Further, human justice is derived from Divine justice. Now a

man is bound to restore to God more than he has received from Him,

according to Matt. 25:26, "Thou knewest that I reap where I sow not,

and gather where I have not strewed." Therefore it is just that one

should restore to a man also, something that one has not taken.

_On the contrary,_ Restitution belongs to justice, because it

re-establishes equality. But if one were to restore what one did not

take, there would not be equality. Therefore it is not just to make

such a restitution.

_I answer that,_ Whoever brings a loss upon another person,

seemingly, takes from him the amount of the loss, since, according to

the Philosopher (Ethic. v, 4) loss is so called from a man having

_less_* than his due. [*The derivation is more apparent in English

than in Latin, where _damnum_ stands for _loss,_ and _minus_ for

_less._ Aristotle merely says that to have more than your own is

called "gain," and to have less than you started with is called

"loss."] Therefore a man is bound to make restitution according to

the loss he has brought upon another.

Now a man suffers a loss in two ways. First, by being deprived of

what he actually has; and a loss of this kind is always to be made

good by repayment in equivalent: for instance if a man damnifies

another by destroying his house he is bound to pay him the value of

the house. Secondly, a man may damnify another by preventing him from

obtaining what he was on the way to obtain. A loss of this kind need

not be made good in equivalent; because to have a thing virtually is

less than to have it actually, and to be on the way to obtain a thing

is to have it merely virtually or potentially, and so were he to be

indemnified by receiving the thing actually, he would be paid, not

the exact value taken from him, but more, and this is not necessary

for salvation, as stated above. However he is bound to make some

compensation, according to the condition of persons and things.

From this we see how to answer the First and Second Objections:

because the sower of the seed in the field, has the harvest, not

actually but only virtually. In like manner he that has money has the

profit not yet actually but only virtually: and both may be hindered

in many ways.

Reply Obj. 3: God requires nothing from us but what He Himself has

sown in us. Hence this saying is to be understood as expressing

either the shameful thought of the lazy servant, who deemed that he

had received nothing from the other, or the fact that God expects

from us the fruit of His gifts, which fruit is from Him and from us,

although the gifts themselves are from God without us.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 425 / 1128 题