Whether a Man Is Bound to Restore Whatever Profits He Has Made Out of
Money Gotten by Usury?
Objection 1: It would seem that a man is bound to restore whatever
profits he has made out of money gotten by usury. For the Apostle
says (Rom. 11:16): "If the root be holy, so are the branches."
Therefore likewise if the root be rotten so are the branches. But the
root was infected with usury. Therefore whatever profit is made
therefrom is infected with usury. Therefore he is bound to restore it.
Obj. 2: Further, it is laid down (Extra, De Usuris, in the Decretal:
'Cum tu sicut asseris'): "Property accruing from usury must be sold,
and the price repaid to the persons from whom the usury was
extorted." Therefore, likewise, whatever else is acquired from
usurious money must be restored.
Obj. 3: Further, that which a man buys with the proceeds of usury is
due to him by reason of the money he paid for it. Therefore he has no
more right to the thing purchased than to the money he paid. But he
was bound to restore the money gained through usury. Therefore he is
also bound to restore what he acquired with it.
_On the contrary,_ A man may lawfully hold what he has lawfully
acquired. Now that which is acquired by the proceeds of usury is
sometimes lawfully acquired. Therefore it may be lawfully retained.
_I answer that,_ As stated above (A. 1), there are certain things
whose use is their consumption, and which do not admit of usufruct,
according to law (ibid., ad 3). Wherefore if such like things be
extorted by means of usury, for instance money, wheat, wine and so
forth, the lender is not bound to restore more than he received
(since what is acquired by such things is the fruit not of the thing
but of human industry), unless indeed the other party by losing some
of his own goods be injured through the lender retaining them: for
then he is bound to make good the loss.
On the other hand, there are certain things whose use is not their
consumption: such things admit of usufruct, for instance house or
land property and so forth. Wherefore if a man has by usury extorted
from another his house or land, he is bound to restore not only the
house or land but also the fruits accruing to him therefrom, since
they are the fruits of things owned by another man and consequently
are due to him.
Reply Obj. 1: The root has not only the character of matter, as money
made by usury has; but has also somewhat the character of an active
cause, in so far as it administers nourishment. Hence the comparison
fails.
Reply Obj. 2: Further, Property acquired from usury does not belong
to the person who paid usury, but to the person who bought it. Yet he
that paid usury has a certain claim on that property just as he has
on the other goods of the usurer. Hence it is not prescribed that
such property should be assigned to the persons who paid usury, since
the property is perhaps worth more than what they paid in usury, but
it is commanded that the property be sold, and the price be restored,
of course according to the amount taken in usury.
Reply Obj. 3: The proceeds of money taken in usury are due to the
person who acquired them not by reason of the usurious money as
instrumental cause, but on account of his own industry as principal
cause. Wherefore he has more right to the goods acquired with
usurious money than to the usurious money itself.
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