Summa Theologica


Question: 71  OF INJUSTICE IN JUDGMENT ON THE PART OF COUNSEL (FOUR ARTICLES)

   We must now consider the injustice which takes place in judgment on the part of counsel, and under this head there are four points of inquiry:

    (1) Whether an advocate is bound to defend the suits of the poor?

    (2) Whether certain persons should be prohibited from exercising the office of advocate?

    (3) Whether an advocate sins by defending an unjust cause?

    (4) Whether he sins if he accept a fee for defending a suit?

Article: 1 

Whether an advocate is bound to defend the suits of the poor?

  Objection 1: It would seem that an advocate is bound to defend the suits of the poor. For it is written (Ex. 23:5): "If thou see the ass of him that hateth thee lie underneath his burden, thou shalt not pass by, but shall lift him up with him." Now no less a danger threatens the poor man whose suit is being unjustly prejudiced, than if his ass were to lie underneath its burden. Therefore an advocate is bound to defend the suits of the poor.

  Objection 2: Further, Gregory says in a homily (ix in Evang.): "Let him that hath understanding beware lest he withhold his knowledge; let him that hath abundance of wealth watch lest he slacken his merciful bounty; let him who is a servant to art share his skill with his neighbor; let him who has an opportunity of speaking with the wealthy plead the cause of the poor: for the slightest gift you have received will be reputed a talent." Now every man is bound, not to hide but faithfully to dispense the talent committed to him; as evidenced by the punishment inflicted on the servant who hid his talent (Mt. 25:30). Therefore an advocate is bound to plead for the poor.

  Objection 3: Further, the precept about performing works of mercy, being affirmative, is binding according to time and place, and this is chiefly in cases of need. Now it seems to be a case of need when the suit of a poor man is being prejudiced. Therefore it seems that in such a case an advocate is bound to defend the poor man's suit.

  On the contrary, He that lacks food is no less in need than he that lacks an advocate. Yet he that is able to give food is not always bound to feed the needy. Therefore neither is an advocate always bound to defend the suits of the poor.

  I answer that, Since defense of the poor man's suit belongs to the works of mercy, the answer to this inquiry is the same as the one given above with regard to the other works of mercy (Question [32], Articles [5],9). Now no man is sufficient to bestow a work of mercy on all those who need it. Wherefore, as Augustine says (De Doctr. Christ. i, 28), "since one cannot do good to all, we ought to consider those chiefly who by reason of place, time, or any other circumstance, by a kind of chance are more closely united to us." He says "by reason of place," because one is not bound to search throughout the world for the needy that one may succor them; and it suffices to do works of mercy to those one meets with. Hence it is written (Ex. 23:4): "If thou meet thy enemy's ass going astray, bring it back to him." He says also "by reason of time," because one is not bound to provide for the future needs of others, and it suffices to succor present needs. Hence it is written (1 Jn. 3:17): "He that . . . shall see his brother in need, and shall put up his bowels from him, how doth the charity of God abide in him?" Lastly he says, "or any other circumstance," because one ought to show kindness to those especially who are by any tie whatever united to us, according to 1 Tim. 5:8, "If any man have not care of his own, and especially of those of his house, he hath denied the faith and is worse than an infidel."

   It may happen however that these circumstances concur, and then we have to consider whether this particular man stands in such a need that it is not easy to see how he can be succored otherwise, and then one is bound to bestow the work of mercy on him. If, however, it is easy to see how he can be otherwise succored, either by himself, or by some other person still more closely united to him, or in a better position to help him, one is not bound so strictly to help the one in need that it would be a sin not to do so: although it would be praiseworthy to do so where one is not bound to. Therefore an advocate is not always bound to defend the suits of the poor, but only when the aforesaid circumstances concur, else he would have to put aside all other business, and occupy himself entirely in defending the suits of poor people. The same applies to a physician with regard to attendance on the sick.

  Reply to Objection 1: So long as the ass lies under the burden, there is no means of help in this case, unless those who are passing along come to the man's aid, and therefore they are bound to help. But they would not be so bound if help were possible from another quarter.

  Reply to Objection 2: A man is bound to make good use of the talent bestowed on him, according to the opportunities afforded by time, place, and other circumstances, as stated above.

  Reply to Objection 3: Not every need is such that it is one's duty to remedy it, but only such as we have stated above.

Article: 2  

Whether it is fitting that the law should debar certain persons from the office of advocate?

  Objection 1: It would seem unfitting for the law to debar certain persons from the office of advocate. For no man should be debarred from doing works of mercy. Now it belongs to the works of mercy to defend a man's suit, as stated above (Article [1]). Therefore no man should be debarred from this office.

  Objection 2: Further, contrary causes have not, seemingly, the same effect. Now to be busy with Divine things and to be busy about sin are contrary to one another. Therefore it is unfitting that some should be debarred from the office of advocate, on account of religion, as monks and clerics, while others are debarred on account of sin, as persons of ill-repute and heretics.

  Objection 3: Further, a man should love his neighbor as himself. Now it is a duty of love for an advocate to plead a person's cause. Therefore it is unfitting that certain persons should be debarred from pleading the cause of others, while they are allowed to advocate their own cause.

  On the contrary, According to Decretals III, qu. vii, can. Infames, many persons are debarred from the office of advocate.

  I answer that, In two ways a person is debarred from performing a certain act: first because it is impossible to him, secondly because it is unbecoming to him: but, whereas the man to whom a certain act is impossible, is absolutely debarred from performing it, he to whom an act is unbecoming is not debarred altogether, since necessity may do away with its unbecomingness. Accordingly some are debarred from the office of advocate because it is impossible to them through lack of sense---either interior, as in the case of madmen and minors---or exterior, as in the case of the deaf and dumb. For an advocate needs to have both interior skill so that he may be able to prove the justice of the cause he defends, and also speech and hearing, that he may speak and hear what is said to him. Consequently those who are defective in these points, are altogether debarred from being advocates either in their own or in another's cause. The becomingness of exercising this office is removed in two ways. First, through a man being engaged in higher things. Wherefore it is unfitting that monks or priests should be advocates in any cause whatever, or that clerics should plead in a secular court, because such persons are engaged in Divine things. Secondly, on account of some personal defect, either of body (for instance a blind man whose attendance in a court of justice would be unbecoming) or of soul, for it ill becomes one who has disdained to be just himself, to plead for the justice of another. Wherefore it is unbecoming that persons of ill repute, unbelievers, and those who have been convicted of grievous crimes should be advocates. Nevertheless this unbecomingness is outweighed by necessity: and for this reason such persons can plead either their own cause or that of persons closely connected with them. Moreover, clerics can be advocates in the cause of their own church, and monks in the cause of their own monastery, if the abbot direct them to do so.

  Reply to Objection 1: Certain persons are sometimes debarred by unbecomingness, and others by inability from performing works of mercy: for not all the works of mercy are becoming to all persons: thus it ill becomes a fool to give counsel, or the ignorant to teach.

  Reply to Objection 2: Just as virtue is destroyed by "too much" and "too little," so does a person become incompetent by "more" and "less." For this reason some, like religious and clerics, are debarred from pleading in causes, because they are above such an office; and others because they are less than competent to exercise it, such as persons of ill-repute and unbelievers.

  Reply to Objection 3: The necessity of pleading the causes of others is not so pressing as the necessity of pleading one's own cause, because others are able to help themselves otherwise: hence the comparison fails.
 
Article: 3  

Whether an advocate sins by defending an unjust cause?

  Objection 1: It would seem that an advocate does not sin by defending an unjust cause. For just as a physician proves his skill by healing a desperate disease, so does an advocate prove his skill, if he can defend an unjust cause. Now a physician is praised if he heals a desperate malady. Therefore an advocate also commits no sin, but ought to be praised, if he defends an unjust cause.

  Objection 2: Further, it is always lawful to desist from committing a sin. Yet an advocate is punished if he throws up his brief (Decret. II, qu. iii, can. Si quem poenit.). Therefore an advocate does not sin by defending an unjust cause, when once he has undertaken its defense.

  Objection 3: Further, it would seem to be a greater sin for an advocate to use unjust means in defense of a just cause (e.g. by producing false witnesses, or alleging false laws), than to defend an unjust cause, since the former is a sin against the form, the latter against the matter of justice. Yet it is seemingly lawful for an advocate to make use of such underhand means, even as it is lawful for a soldier to lay ambushes in a battle. Therefore it would seem that an advocate does not sin by defending an unjust cause.

  On the contrary, It is said (2 Paralip. 19:2): "Thou helpest the ungodly . . . and therefore thou didst deserve . . . the wrath of the Lord." Now an advocate by defending an unjust cause, helps the ungodly. Therefore he sins and deserves the wrath of the Lord.

  I answer that, It is unlawful to cooperate in an evil deed, by counseling, helping, or in any way consenting, because to counsel or assist an action is, in a way, to do it, and the Apostle says (Rm. 1:32) that "they . . . are worthy of death, not only they that do" a sin, "but they also that consent to them that do" it. Hence it was stated above (Question [62], Article [7]), that all such are bound to restitution. Now it is evident that an advocate provides both assistance and counsel to the party for whom he pleads. Wherefore, if knowingly he defends an unjust cause, without doubt he sins grievously, and is bound to restitution of the loss unjustly incurred by the other party by reason of the assistance he has provided. If, however, he defends an unjust cause unknowingly, thinking it just, he is to be excused according to the measure in which ignorance is excusable.

  Reply to Objection 1: The physician injures no man by undertaking to heal a desperate malady, whereas the advocate who accepts service in an unjust cause, unjustly injures the party against whom he pleads unjustly. Hence the comparison fails. For though he may seem to deserve praise for showing skill in his art, nevertheless he sins by reason of injustice in his will, since he abuses his art for an evil end.

  Reply to Objection 2: If an advocate believes from the outset that the cause is just, and discovers afterwards while the case is proceeding that it is unjust, he ought not to throw up his brief in such a way as to help the other side, or so as to reveal the secrets of his client to the other party. But he can and must give up the case, or induce his client to give way, or make some compromise without prejudice to the opposing party.

  Reply to Objection 3: As stated above (Question [40], Article [3]), it is lawful for a soldier, or a general to lay ambushes in a just war, by prudently concealing what he has a mind to do, but not by means of fraudulent falsehoods, since we should keep faith even with a foe, as Tully says (De offic. iii, 29). Hence it is lawful for an advocate, in defending his case, prudently to conceal whatever might hinder its happy issue, but it is unlawful for him to employ any kind of falsehood.

Article: 4

Whether it is lawful for an advocate to take a fee for pleading?

  Objection 1: It would seem unlawful for an advocate to take a fee for pleading. Works of mercy should not be done with a view to human remuneration, according to Lk. 14:12, "When thou makest a dinner or a supper, call not thy friends . . . nor thy neighbors who are rich: lest perhaps they also invite thee again, and a recompense be made to thee." Now it is a work of mercy to plead another's cause, as stated above (Article [1]). Therefore it is not lawful for an advocate to take payment in money for pleading.

  Objection 2: Further, spiritual things are not to be bartered with temporal things. But pleading a person's cause seems to be a spiritual good since it consists in using one's knowledge of law. Therefore it is not lawful for an advocate to take a fee for pleading.

  Objection 3: Further, just as the person of the advocate concurs towards the pronouncement of the verdict, so do the persons of the judge and of the witness. Now, according to Augustine (Ep. cliii ad Macedon.), "the judge should not sell a just sentence, nor the witness true evidence." Therefore neither can an advocate sell a just pleading.

  On the contrary, Augustine says (Ep. cliii ad Macedon.) that "an advocate may lawfully sell his pleading, and a lawyer his advice."

  I answer that, A man may justly receive payment for granting what he is not bound to grant. Now it is evident that an advocate is not always bound to consent to plead, or to give advice in other people's causes. Wherefore, if he sell his pleading or advice, he does not act against justice. The same applies to the physician who attends on a sick person to heal him, and to all like persons; provided, however, they take a moderate fee, with due consideration for persons, for the matter in hand, for the labor entailed, and for the custom of the country. If, however, they wickedly extort an immoderate fee, they sin against justice. Hence Augustine says (Ep. cliii ad Macedon.) that "it is customary to demand from them restitution of what they have extorted by a wicked excess, but not what has been given to them in accordance with a commendable custom."

  Reply to Objection 1: Man is not bound to do gratuitously whatever he can do from motives of mercy: else no man could lawfully sell anything, since anything may be given from motives of mercy. But when a man does give a thing out of mercy, he should seek, not a human, but a Divine reward. In like manner an advocate, when he mercifully pleads the cause of a poor man, should have in view not a human but a Divine meed; and yet he is not always bound to give his services gratuitously.

  Reply to Objection 2: Though knowledge of law is something spiritual, the use of that knowledge is accomplished by the work of the body: hence it is lawful to take money in payment of that use, else no craftsman would be allowed to make profit by his art.

  Reply to Objection 3: The judge and witnesses are common to either party, since the judge is bound to pronounce a just verdict, and the witness to give true evidence. Now justice and truth do not incline to one side rather than to the other: and consequently judges receive out of the public funds a fixed pay for their labor; and witnesses receive their expenses (not as payment for giving evidence, but as a fee for their labor) either from both parties or from the party by whom they are adduced, because no man "serveth as a soldier at any time at his own charge [*Vulg.: 'Who serveth as a soldier,']" (1 Cor. 9:7). On the other hand an advocate defends one party only, and so he may lawfully accept fee from the party he assists.

(C) BY WORDS UTTERED EXTRAJUDICIALLY (Questions [72]-76)

Question: 72 OF REVILING (FOUR ARTICLES)

   We must now consider injuries inflicted by words uttered extrajudicially. We shall consider (1) reviling, (2) backbiting, (3) tale bearing, (4) derision, (5) cursing.

   Under the first head there are four points of inquiry:

    (1) What is reviling?

    (2) Whether every reviling is a mortal sin?

    (3) Whether one ought to check revilers?

    (4) Of the origin of reviling.
 
Article: 1  

Whether reviling consists in words?

  Objection 1: It would seem that reviling does not consist in words. Reviling implies some injury inflicted on one's neighbor, since it is a kind of injustice. But words seem to inflict no injury on one's neighbor, either in his person, or in his belongings. Therefore reviling does not consist in words.

  Objection 2: Further, reviling seems to imply dishonor. But a man can be dishonored or slighted by deeds more than by words. Therefore it seems that reviling consists, not in words but in deeds.

  Objection 3: Further, a dishonor inflicted by words is called a railing or a taunt. But reviling seems to differ from railing or taunt. Therefore reviling does not consist in words.

  On the contrary, Nothing, save words, is perceived by the hearing. Now reviling is perceived by the hearing according to Jer. 20:10, "I heard reviling [Douay: 'contumelies'] on every side." Therefore reviling consists in words.

  I answer that, Reviling denotes the dishonoring of a person, and this happens in two ways: for since honor results from excellence, one person dishonors another, first, by depriving him of the excellence for which he is honored. This is done by sins of deed, whereof we have spoken above (Question [64], seqq.). Secondly, when a man publishes something against another's honor, thus bringing it to the knowledge of the latter and of other men. This reviling properly so called, and is done I some kind of signs. Now, according to Augustine (De Doctr. Christ. ii, 3), "compared with words all other signs are very few, for words have obtained the chief place among men for the purpose of expressing whatever the mind conceives." Hence reviling, properly speaking consists in words: wherefore, Isidore says (Etym. x) that a reviler [contumeliosus] "is hasty and bursts out [tumet] in injurious words." Since, however, things are also signified by deeds, which on this account have the same significance as words, it follows that reviling in a wider sense extends also to deeds. Wherefore a gloss on Rm. 1:30, "contumelious, proud," says: "The contumelious are those who by word or deed revile and shame others."

  Reply to Objection 1: Our words, if we consider them in their essence, i.e. as audible sound injure no man, except perhaps by jarring of the ear, as when a person speaks too loud. But, considered as signs conveying something to the knowledge of others, they may do many kinds of harm. Such is the harm done to a man to the detriment of his honor, or of the respect due to him from others. Hence the reviling is greater if one man reproach another in the presence of many: and yet there may still be reviling if he reproach him by himself. in so far as the speaker acts unjustly against the respect due to the hearer.

  Reply to Objection 2: One man slights another by deeds in so far as such deeds cause or signify that which is against that other man's honor. In the former case it is not a matter of reviling but of some other kind of injustice, of which we have spoken above (Questions [64],65,66): where as in the latter case there is reviling, in so far as deeds have the significant force of words.

  Reply to Objection 3: Railing and taunts consist in words, even as reviling, because by all of them a man's faults are exposed to the detriment of his honor. Such faults are of three kinds. First, there is the fault of guilt, which is exposed by "reviling" words. Secondly, there is the fault of both guilt and punishment, which is exposed by "taunts" [convicium], because "vice" is commonly spoken of in connection with not only the soul but also the body. Hence if one man says spitefully to another that he is blind, he taunts but does not revile him: whereas if one man calls another a thief, he not only taunts but also reviles him. Thirdly, a man reproaches another for his inferiority or indigence, so as to lessen the honor due to him for any kind of excellence. This is done by "upbraiding" words, and properly speaking, occurs when one spitefully reminds a man that one has succored him when he was in need. Hence it is written (Ecclus. 20:15): "He will give a few things and upbraid much." Nevertheless these terms are sometimes employed one for the other.

Article: 2  

Whether reviling or railing is a mortal sin?

  Objection 1: It would seem that reviling or railing is not a mortal sin. For no mortal sin is an act of virtue. Now railing is the act of a virtue, viz. of wittiness {eutrapelia} [*Cf. FS, Question [60], Article [5]] to which it pertains to rail well, according to the Philosopher (Ethic. iv, 8). Therefore railing or reviling is not a mortal sin.

  Objection 2: Further, mortal sin is not to be found in perfect men; and yet these sometimes give utterance to railing or reviling. Thus the Apostle says (Gal. 3:1): "O senseless Galatians!," and our Lord said (Lk. 24:25): "O foolish and slow of heart to believe!" Therefore railing or reviling is not a mortal sin.

  Objection 3: Further, although that which is a venial sin by reason of its genus may become mortal, that which is mortal by reason of its genus cannot become venial, as stated above (FS, Question [88], Articles [4],6). Hence if by reason of its genus it were a mortal sin to give utterance to railing or reviling, it would follow that it is always a mortal sin. But this is apparently untrue, as may be seen in the case of one who utters a reviling word indeliberately or through slight anger. Therefore reviling or railing is not a mortal sin, by reason of its genus.

  On the contrary, Nothing but mortal sin deserves the eternal punishment of hell. Now railing or reviling deserves the punishment of hell, according to Mt. 5:22, "Whosoever shall say to his brother . . . Thou fool, shall be in danger of hell fire." Therefore railing or reviling is a mortal sin.

  I answer that, As stated above (Article [1]), words are injurious to other persons, not as sounds, but as signs, and this signification depends on the speaker's inward intention. Hence, in sins of word, it seems that we ought to consider with what intention the words are uttered. Since then railing or reviling essentially denotes a dishonoring, if the intention of the utterer is to dishonor the other man, this is properly and essentially to give utterance to railing or reviling: and this is a mortal sin no less than theft or robbery, since a man loves his honor no less than his possessions. If, on the other hand, a man says to another a railing or reviling word, yet with the intention, not of dishonoring him, but rather perhaps of correcting him or with some like purpose, he utters a railing or reviling not formally and essentially, but accidentally and materially, in so far to wit as he says that which might be a railing or reviling. Hence this may be sometimes a venial sin, and sometimes without any sin at all. Nevertheless there is need of discretion in such matters, and one should use such words with moderation, because the railing might be so grave that being uttered inconsiderately it might dishonor the person against whom it is uttered. In such a case a man might commit a mortal sin, even though he did not intend to dishonor the other man: just as were a man incautiously to injure grievously another by striking him in fun, he would not be without blame.

  Reply to Objection 1: It belongs to wittiness to utter some slight mockery, not with intent to dishonor or pain the person who is the object of the mockery, but rather with intent to please and amuse: and this may be without sin, if the due circumstances be observed. on the other hand if a man does not shrink from inflicting pain on the object of his witty mockery, so long as he makes others laugh, this is sinful, as stated in the passage quoted.

  Reply to Objection 2: Just as it is lawful to strike a person, or damnify him in his belongings for the purpose of correction, so too, for the purpose of correction, may one say a mocking word to a person whom one has to correct. It is thus that our Lord called the disciples "foolish," and the Apostle called the Galatians "senseless." Yet, as Augustine says (De Serm. Dom. in Monte ii, 19), "seldom and only when it is very necessary should we have recourse to invectives, and then so as to urge God's service, not our own."

  Reply to Objection 3: Since the sin of railing or reviling depends on the intention of the utterer, it may happen to be a venial sin, if it be a slight railing that does not inflict much dishonor on a man, and be uttered through lightness of heart or some slight anger, without the fixed purpose of dishonoring him, for instance when one intends by such a word to give but little pain.
 
Article: 3 

Whether one ought to suffer oneself to be reviled?

  Objection 1: It would seem that one ought not to suffer oneself to be reviled. For he that suffers himself to be reviled, encourages the reviler. But one ought not to do this. Therefore one ought not to suffer oneself to be reviled, but rather reply to the reviler.

  Objection 2: Further, one ought to love oneself more than another. Now one ought not to suffer another to be reviled, wherefore it is written (Prov. 26:10): "He that putteth a fool to silence appeaseth anger." Therefore neither should one suffer oneself to be reviled.

  Objection 3: Further, a man is not allowed to revenge himself, for it is said: "Vengeance belongeth to Me, I will repay" [*Heb. 10:30]. Now by submitting to be reviled a man revenges himself, according to Chrysostom (Hom. xxii, in Ep. ad Rom.): "If thou wilt be revenged, be silent; thou hast dealt him a fatal blow." Therefore one ought not by silence to submit to reviling words, but rather answer back.

  On the contrary, It is written (Ps. 37:13): "They that sought evils to me spoke vain things," and afterwards (Ps. 37:14) he says: "But I as a deaf man, heard not; and as a dumb man not opening his mouth."

  I answer that, Just as we need patience in things done against us, so do we need it in those said against us. Now the precepts of patience in those things done against us refer to the preparedness of the mind, according to Augustine's (De Serm. Dom. in Monte i, 19) exposition on our Lord's precept, "If one strike thee on thy right cheek, turn to him also the other" [*The words as quoted by St. Thomas are a blending of Mt. 5:39 and Lk. 6:29]: that is to say, a man ought to be prepared to do so if necessary. But he is not always bound to do this actually: since not even did our Lord do so, for when He received a blow, He said: "Why strikest thou Me?" (Jn. 18:23). Consequently the same applies to the reviling words that are said against us. For we are bound to hold our minds prepared to submit to be reviled, if it should be expedient. Nevertheless it sometimes behooves us to withstand against being reviled, and this chiefly for two reasons. First, for the good of the reviler; namely, that his daring may be checked, and that he may not repeat the attempt, according to Prov. 26:5, "Answer a fool according to his folly, lest he imagine himself to be wise." Secondly, for the good of many who would be prevented from progressing in virtue on account of our being reviled. Hence Gregory says (Hom. ix, Super Ezech.): "Those who are so placed that their life should be an example to others, ought, if possible, to silence their detractors, lest their preaching be not heard by those who could have heard it, and they continue their evil conduct through contempt of a good life."

  Reply to Objection 1: The daring of the railing reviler should be checked with moderation, i.e. as a duty of charity, and not through lust for one's own honor. Hence it is written (Prov. 26:4): "Answer not a fool according to his folly, lest thou be like him."

  Reply to Objection 2: When one man prevents another from being reviled there is not the danger of lust for one's own honor as there is when a man defends himself from being reviled: indeed rather would it seem to proceed from a sense of charity.

  Reply to Objection 3: It would be an act of revenge to keep silence with the intention of provoking the reviler to anger, but it would be praiseworthy to be silent, in order to give place to anger. Hence it is written (Ecclus. 8:4): "Strive not with a man that is full of tongue, and heap not wood upon his fire."

Article: 4 

Whether reviling arises from anger?

  Objection 1: It would seem that reviling does not arise from anger. For it is written (Prov. 11:2): "Where pride is, there shall also be reviling [Douay: 'reproach']." But anger is a vice distinct from pride. Therefore reviling does not arise from anger.

  Objection 2: Further, it is written (Prov. 20:3): "All fools are meddling with revilings [Douay: 'reproaches']." Now folly is a vice opposed to wisdom, as stated above (Question [46], Article [1]); whereas anger is opposed to meekness. Therefore reviling does not arise from anger.

  Objection 3: Further, no sin is diminished by its cause. But the sin of reviling is diminished if one gives vent to it through anger: for it is a more grievous sin to revile out of hatred than out of anger. Therefore reviling does not arise from anger.

  On the contrary, Gregory says (Moral. xxxi, 45) that "anger gives rise to revilings."

  I answer that, While one sin may arise from various causes, it is nevertheless said to have its source chiefly in that one from which it is wont to arise most frequently, through being closely connected with its end. Now reviling is closely connected with anger's end, which is revenge: since the easiest way for the angry man to take revenge on another is to revile him. Therefore reviling arises chiefly from anger.

  Reply to Objection 1: Reviling is not directed to the end of pride which is excellency. Hence reviling does not arise directly from pride. Nevertheless pride disposes a man to revile, in so far as those who think themselves to excel, are more prone to despise others and inflict injuries on them, because they are more easily angered, through deeming it an affront to themselves whenever anything is done against their will.

  Reply to Objection 2: According to the Philosopher (Ethic. vii, 6) "anger listens imperfectly to reason": wherefore an angry man suffers a defect of reason, and in this he is like the foolish man. Hence reviling arises from folly on account of the latter's kinship with anger.

  Reply to Objection 3: According to the Philosopher (Rhet. ii, 4) "an angry man seeks an open offense, but he who hates does not worry about this." Hence reviling which denotes a manifest injury belongs to anger rather than to hatred.


Question: 73  OF BACKBITING [*Or detraction] (FOUR ARTICLES)

   We must now consider backbiting, under which head there are four points of inquiry:

    (1) What is backbiting?

    (2) Whether it is a mortal sin?

    (3) Of its comparison with other sins;

    (4) Whether it is a sin to listen to backbiting?

Article: 1 

Whether backbiting is suitably defined as the blackening of another's character by secret words?

  Objection 1: It would seem that backbiting is not as defined by some [*Albert the Great, Sum. Theol. II, cxvii.], "the blackening of another's good name by words uttered in secret." For "secretly" and "openly" are circumstances that do not constitute the species of a sin, because it is accidental to a sin that it be known by many or by few. Now that which does not constitute the species of a sin, does not belong to its essence, and should not be included in its definition. Therefore it does not belong to the essence of backbiting that it should be done by secret words.

  Objection 2: Further, the notion of a good name implies something known to the public. If, therefore, a person's good name is blackened by backbiting, this cannot be done by secret words, but by words uttered openly.

  Objection 3: Further, to detract is to subtract, or to diminish something already existing. But sometimes a man's good name is blackened, even without subtracting from the truth: for instance, when one reveals the crimes which a man has in truth committed. Therefore not every blackening of a good name is backbiting.

  On the contrary, It is written (Eccles. 10:11): "If a serpent bite in silence, he is nothing better that backbiteth."

  I answer that, Just as one man injures another by deed in two ways---openly, as by robbery or by doing him any kind of violence---and secretly, as by theft, or by a crafty blow, so again one man injures another by words in two ways---in one way, openly, and this is done by reviling him, as stated above (Question [72], Article [1])---and in another way secretly, and this is done by backbiting. Now from the fact that one man openly utters words against another man, he would appear to think little of him, so that for this reason he dishonors him, so that reviling is detrimental to the honor of the person reviled. On the other hand, he that speaks against another secretly, seems to respect rather than slight him, so that he injures directly, not his honor but his good name, in so far as by uttering such words secretly, he, for his own part, causes his hearers to have a bad opinion of the person against whom he speaks. For the backbiter apparently intends and aims at being believed. It is therefore evident that backbiting differs from reviling in two points: first, in the way in which the words are uttered, the reviler speaking openly against someone, and the backbiter secretly; secondly, as to the end in view, i.e. as regards the injury inflicted, the reviler injuring a man's honor, the backbiter injuring his good name.

  Reply to Objection 1: In involuntary commutations, to which are reduced all injuries inflicted on our neighbor, whether by word or by deed, the kind of sin is differentiated by the circumstances "secretly" and "openly," because involuntariness itself is diversified by violence and by ignorance, as stated above (Question [65], Article [4]; FS, Question [6], Articles [5],8).

  Reply to Objection 2: The words of a backbiter are said to be secret, not altogether, but in relation to the person of whom they are said, because they are uttered in his absence and without his knowledge. On the other hand, the reviler speaks against a man to his face. Wherefore if a man speaks ill of another in the presence of several, it is a case of backbiting if he be absent, but of reviling if he alone be present: although if a man speak ill of an absent person to one man alone, he destroys his good name not altogether but partly.

  Reply to Objection 3: A man is said to backbite [detrehere] another, not because he detracts from the truth, but because he lessens his good name. This is done sometimes directly, sometimes indirectly. Directly, in four ways: first, by saying that which is false about him; secondly, by stating his sin to be greater than it is; thirdly, by revealing something unknown about him; fourthly, by ascribing his good deeds to a bad intention. Indirectly, this is done either by gainsaying his good, or by maliciously concealing it, or by diminishing it.

Article: 2  

Whether backbiting is a mortal sin?

  Objection 1: It would seem that backbiting is not a mortal sin. For no act of virtue is a mortal sin. Now, to reveal an unknown sin, which pertains to backbiting, as stated above (Article [1], ad 3), is an act of the virtue of charity, whereby a man denounces his brother's sin in order that he may amend: or else it is an act of justice, whereby a man accuses his brother. Therefore backbiting is not a mortal sin.

  Objection 2: Further, a gloss on Prov. 24:21, "Have nothing to do with detractors," says: "The whole human race is in peril from this vice." But no mortal sin is to be found in the whole of mankind, since many refrain from mortal sin: whereas they are venial sins that are found in all. Therefore backbiting is a venial sin.

  Objection 3: Further, Augustine in a homily On the Fire of Purgatory [*Serm. civ in the appendix to St. Augustine's work] reckons it a slight sin "to speak ill without hesitation or forethought." But this pertains to backbiting. Therefore backbiting is a venial sin.

  On the contrary, It is written (Rm. 1:30): "Backbiters, hateful to God," which epithet, according to a gloss, is inserted, "lest it be deemed a slight sin because it consists in words."

  I answer that, As stated above (Question [72], Article [2]), sins of word should be judged chiefly from the intention of the speaker. Now backbiting by its very nature aims at blackening a man's good name. Wherefore, properly speaking, to backbite is to speak ill of an absent person in order to blacken his good name. Now it is a very grave matter to blacken a man's good name, because of all temporal things a man's good name seems the most precious, since for lack of it he is hindered from doing many things well. For this reason it is written (Ecclus. 41:15): "Take care of a good name, for this shall continue with thee, more than a thousand treasures precious and great." Therefore backbiting, properly speaking, is a mortal sin. Nevertheless it happens sometimes that a man utters words, whereby someone's good name is tarnished, and yet he does not intend this, but something else. This is not backbiting strictly and formally speaking, but only materially and accidentally as it were. And if such defamatory words be uttered for the sake of some necessary good, and with attention to the due circumstances, it is not a sin and cannot be called backbiting. But if they be uttered out of lightness of heart or for some unnecessary motive, it is not a mortal sin, unless perchance the spoken word be of such a grave nature, as to cause a notable injury to a man's good name, especially in matters pertaining to his moral character, because from the very nature of the words this would be a mortal sin. And one is bound to restore a man his good name, no less than any other thing one has taken from him, in the manner stated above (Question [62], Article [2]) when we were treating of restitution.

  Reply to Objection 1: As stated above, it is not backbiting to reveal a man's hidden sin in order that he may mend, whether one denounce it, or accuse him for the good of public justice.

  Reply to Objection 2: This gloss does not assert that backbiting is to be found throughout the whole of mankind, but "almost," both because "the number of fools is infinite," [*Eccles. 1:15] and few are they that walk in the way of salvation, [*Cf. Mt. 7:14] and because there are few or none at all who do not at times speak from lightness of heart, so as to injure someone's good name at least slightly, for it is written (James 3:2): "If any man offend not in word, the same is a perfect man."

  Reply to Objection 3: Augustine is referring to the case when a man utters a slight evil about someone, not intending to injure him, but through lightness of heart or a slip of the tongue.

Article: 3  

Whether backbiting is the gravest of all sins committed against one's neighbor?

  Objection 1: It would seem that backbiting is the gravest of all sins committed against one's neighbor. Because a gloss on Ps. 108:4, "Instead of making me a return of love they detracted me," a gloss says: "Those who detract Christ in His members and slay the souls of future believers are more guilty than those who killed the flesh that was soon to rise again." From this it seems to follow that backbiting is by so much a graver sin than murder, as it is a graver matter to kill the soul than to kill the body. Now murder is the gravest of the other sins that are committed against one's neighbor. Therefore backbiting is absolutely the gravest of all.

  Objection 2: Further, backbiting is apparently a graver sin than reviling, because a man can withstand reviling, but not a secret backbiting. Now backbiting is seemingly a graver sin than adultery, because adultery unites two persons in one flesh, whereas reviling severs utterly those who were united. Therefore backbiting is more grievous than adultery: and yet of all other sins a man commits against his neighbor, adultery is most grave.

  Objection 3: Further, reviling arises from anger, while backbiting arises from envy, according to Gregory (Moral. xxxi, 45). But envy is a graver sin than anger. Therefore backbiting is a graver sin than reviling; and so the same conclusion follows as before.

  Objection 4: Further, the gravity of a sin is measured by the gravity of the defect that it causes. Now backbiting causes a most grievous defect, viz. blindness of mind. For Gregory says (Regist. xi, Ep. 2): "What else do backbiters but blow on the dust and stir up the dirt into their eyes, so that the more they breathe of detraction, the less they see of the truth?" Therefore backbiting is the most grievous sin committed against one's neighbor.

  On the contrary, It is more grievous to sin by deed than by word. But backbiting is a sin of word, while adultery, murder, and theft are sins of deed. Therefore backbiting is not graver than the other sins committed against one's neighbor.

  I answer that, The essential gravity of sins committed against one's neighbor must be weighed by the injury they inflict on him, since it is thence that they derive their sinful nature. Now the greater the good taken away, the greater the injury. And while man's good is threefold, namely the good of his soul, the good of his body, and the good of external things; the good of the soul, which is the greatest of all, cannot be taken from him by another save as an occasional cause, for instance by an evil persuasion, which does not induce necessity. On the other hand the two latter goods, viz. of the body and of external things, can be taken away by violence. Since, however, the goods of the body excel the goods of external things, those sins which injure a man's body are more grievous than those which injure his external things. Consequently, among other sins committed against one's neighbor, murder is the most grievous, since it deprives man of the life which he already possesses: after this comes adultery, which is contrary to the right order of human generation, whereby man enters upon life. In the last place come external goods, among which a man's good name takes precedence of wealth because it is more akin to spiritual goods, wherefore it is written (Prov. 22:1): "A good name is better than great riches." Therefore backbiting according to its genus is a more grievous sin than theft, but is less grievous than murder or adultery. Nevertheless the order may differ by reason of aggravating or extenuating circumstances.

   The accidental gravity of a sin is to be considered in relation to the sinner, who sins more grievously, if he sins deliberately than if he sins through weakness or carelessness. In this respect sins of word have a certain levity, in so far as they are apt to occur through a slip of the tongue, and without much forethought.

  Reply to Objection 1: Those who detract Christ by hindering the faith of His members, disparage His Godhead, which is the foundation of our faith. Wherefore this is not simple backbiting but blasphemy.

  Reply to Objection 2: Reviling is a more grievous sin than backbiting, in as much as it implies greater contempt of one's neighbor: even as robbery is a graver sin than theft, as stated above (Question [66], Article [9]). Yet reviling is not a more grievous sin than adultery. For the gravity of adultery is measured, not from its being a union of bodies, but from being a disorder in human generation. Moreover the reviler is not the sufficient cause of unfriendliness in another man, but is only the occasional cause of division among those who were united, in so far, to wit, as by declaring the evils of another, he for his own part severs that man from the friendship of other men, though they are not forced by his words to do so. Accordingly a backbiter is a murderer "occasionally," since by his words he gives another man an occasion for hating or despising his neighbor. For this reason it is stated in the Epistle of Clement [*Ad Jacob. Ep. i], that "backbiters are murderers," i.e. occasionally; because "he that hateth his brother is a murderer" (1 Jn. 3:15).

  Reply to Objection 3: Anger seeks openly to be avenged, as the Philosopher states (Rhet. ii, 2): wherefore backbiting which takes place in secret, is not the daughter of anger, as reviling is, but rather of envy, which strives by any means to lessen one's neighbor's glory. Nor does it follow from this that backbiting is more grievous than reviling: since a lesser vice can give rise to a greater sin, just as anger gives birth to murder and blasphemy. For the origin of a sin depends on its inclination to an end, i.e. on the thing to which the sin turns, whereas the gravity of a sin depends on what it turns away from.

  Reply to Objection 4: Since "a man rejoiceth in the sentence of his mouth" (Prov. 15:23), it follows that a backbiter more and more loves and believes what he says, and consequently more and more hates his neighbor, and thus his knowledge of the truth becomes less and less. This effect however may also result from other sins pertaining to hate of one's neighbor.

Article: 4 

Whether it is a grave sin for the listener to suffer the backbiter?

  Objection 1: It would seem that the listener who suffers a backbiter does not sin grievously. For a man is not under greater obligations to others than to himself. But it is praiseworthy for a man to suffer his own backbiters: for Gregory says (Hom. ix, super Ezech): "Just as we ought not to incite the tongue of backbiters, lest they perish, so ought we to suffer them with equanimity when they have been incited by their own wickedness, in order that our merit may be the greater." Therefore a man does not sin if he does not withstand those who backbite others.

  Objection 2: Further, it is written (Ecclus. 4:30): "In no wise speak against the truth." Now sometimes a person tells the truth while backbiting, as stated above (Article [1], ad 3). Therefore it seems that one is not always bound to withstand a backbiter.

  Objection 3: Further, no man should hinder what is profitable to others. Now backbiting is often profitable to those who are backbitten: for Pope Pius [*St. Pius I] says [*Append. Grat. ad can. Oves, caus. vi, qu. 1]: "Not unfrequently backbiting is directed against good persons, with the result that those who have been unduly exalted through the flattery of their kindred, or the favor of others, are humbled by backbiting." Therefore one ought not to withstand backbiters.

  On the contrary, Jerome says (Ep. ad Nepot. lii): "Take care not to have an itching tongue, nor tingling ears, that is, neither detract others nor listen to backbiters."

  I answer that, According to the Apostle (Rm. 1:32), they "are worthy of death . . . not only they that" commit sins, "but they also that consent to them that do them." Now this happens in two ways. First, directly, when, to wit, one man induces another to sin, or when the sin is pleasing to him: secondly, indirectly, that is, if he does not withstand him when he might do so, and this happens sometimes, not because the sin is pleasing to him, but on account of some human fear.

   Accordingly we must say that if a man list ens to backbiting without resisting it, he seems to consent to the backbiter, so that he becomes a participator in his sin. And if he induces him to backbite, or at least if the detraction be pleasing to him on account of his hatred of the person detracted, he sins no less than the detractor, and sometimes more. Wherefore Bernard says (De Consid. ii, 13): "It is difficult to say which is the more to be condemned the backbiter or he that listens to backbiting." If however the sin is not pleasing to him, and he fails to withstand the backbiter, through fear negligence, or even shame, he sins indeed, but much less than the backbiter, and, as a rule venially. Sometimes too this may be a mortal sin, either because it is his official duty to cor. rect the backbiter, or by reason of some consequent danger; or on account of the radical reason for which human fear may sometimes be a mortal sin, as stated above (Question [19], Article [3]).

  Reply to Objection 1: No man hears himself backbitten, because when a man is spoken evil of in his hearing, it is not backbiting, properly speaking, but reviling, as stated above (Article [1], ad 2). Yet it is possible for the detractions uttered against a person to come to his knowledge through others telling him, and then it is left to his discretion whether he will suffer their detriment to his good name, unless this endanger the good of others, as stated above (Question [72], Article [3]). Wherefore his patience may deserve commendation for as much as he suffers patiently being detracted himself. But it is not left to his discretion to permit an injury to be done to another's good name, hence he is accounted guilty if he fails to resist when he can, for the same reason whereby a man is bound to raise another man's ass lying "underneath his burden," as commanded in Dt. 21:4 [*Ex. 23:5].

  Reply to Objection 2: One ought not always to withstand a backbiter by endeavoring to convince him of falsehood, especially if one knows that he is speaking the truth: rather ought one to reprove him with words, for that he sins in backbiting his brother, or at least by our pained demeanor show him that we are displeased with his backbiting, because according to Prov. 25:23, "the north wind driveth away rain, as doth a sad countenance a backbiting tongue."

  Reply to Objection 3: The profit one derives from being backbitten is due, not to the intention of the backbiter, but to the ordinance of God Who produces good out of every evil. Hence we should none the less withstand backbiters, just as those who rob or oppress others, even though the oppressed and the robbed may gain merit by patience.

Question: 74 OF TALE-BEARING [*'Susurratio,' i.e. whispering] (TWO ARTICLES)

   We must now consider tale-bearing: under which head there are two points of inquiry:

    (1) Whether tale-bearing is a sin distinct from backbiting?

    (2) Which of the two is the more grievous?

Article: 1  

Whether tale-bearing is a sin distinct from backbiting?

  Objection 1: It would seem that tale-bearing is not a distinct sin from backbiting. Isidore says (Etym. x): "The susurro [tale-bearer] takes his name from the sound of his speech, for he speaks disparagingly not to the face but into the ear." But to speak of another disparagingly belongs to backbiting. Therefore tale-bearing is not a distinct sin from backbiting.

  Objection 2: Further, it is written (Lev. 19:16): "Thou shalt not be an informer [Douay: 'a detractor'] nor a tale-bearer [Douay: 'whisperer'] among the people." But an informer is apparently the same as a backbiter. Therefore neither does tale-bearing differ from backbiting.

  Objection 3: Further, it is written (Ecclus. 28:15): "The tale-bearer [Douay: 'whisperer'] and the double-tongued is accursed." But a double-tongued man is apparently the same as a backbiter, because a backbiter speaks with a double tongue, with one in your absence, with another in your presence. Therefore a tale-bearer is the same as a backbiter.

  On the contrary, A gloss on Rm. 1:29,30, "Tale-bearers, backbiters [Douay: 'whisperers, detractors']" says: "Tale-bearers sow discord among friends; backbiters deny or disparage others' good points."

  I answer that, The tale-bearer and the backbiter agree in matter, and also in form or mode of speaking, since they both speak evil secretly of their neighbor: and for this reason these terms are sometimes used one for the other. Hence a gloss on Ecclus. 5:16, "Be not called a tale-bearer [Douay: 'whisperer']" says: "i.e. a backbiter." They differ however in end, because the backbiter intends to blacken his neighbor's good name, wherefore he brings forward those evils especially about his neighbor which are likely to defame him, or at least to depreciate his good name: whereas a tale-bearer intends to sever friendship, as appears from the gloss quoted above and from the saying of Prov. 26:20, "Where the tale-bearer is taken away, contentions shall cease." Hence it is that a tale-bearer speaks such ill about his neighbors as may stir his hearer's mind against them, according to Ecclus. 28:11, "A sinful man will trouble his friends, and bring in debate in the midst of them that are at peace."

  Reply to Objection 1: A tale-bearer is called a backbiter in so far as he speaks ill of another; yet he differs from a backbiter since he intends not to speak ill as such, but to say anything that may stir one man against another, though it be good simply, and yet has a semblance of evil through being unpleasant to the hearer.

  Reply to Objection 2: An informer differs from a tale-bearer and a backbiter, for an informer is one who charges others publicly with crimes, either by accusing or by railing them, which does not apply to a backbiter or tale-bearer.

  Reply to Objection 3: A double-tongued person is properly speaking a tale-bearer. For since friendship is between two, the tale-bearer strives to sever friendship on both sides. Hence he employs a double tongue towards two persons, by speaking ill of one to the other: wherefore it is written (Ecclus. 28:15): "The tale-bearer [Douay: 'whisperer'] and the double-tongued is accursed," and then it is added, "for he hath troubled many that were peace."
 
Article: 2

Whether backbiting is a graver sin than tale-bearing?

  Objection 1: It would seem that backbiting is a graver sin than tale-bearing. For sins of word consist in speaking evil. Now a backbiter speaks of his neighbor things that are evil simply, for such things lead to the loss or depreciation of his good name: whereas a tale-bearer is only intent on saying what is apparently evil, because to wit they are unpleasant to the hearer. Therefore backbiting is a graver sin than tale-bearing.

  Objection 2: Further, he that deprives. a man of his good name, deprives him not merely of one friend, but of many, because everyone is minded to scorn the friendship of a person with a bad name. Hence it is reproached against a certain individual [*King Josaphat] (2 Paralip 19:2): "Thou art joined in friendship with them that hate the Lord." But tale-bearing deprives one of only one friend. Therefore backbiting is a graver sin than tale-bearing.

  Objection 3: Further, it is written (James 4:11): "He that backbiteth [Douay:,'detracteth'] his brother . . . detracteth the law," and consequently God the giver of the law. Wherefore the sin of backbiting seems to be a sin against God, which is most grievous, as stated above (Question [20], Article [3]; FS, Question [73], Article [3]). On the other hand the sin of tale-bearing is against one's neighbor. Therefore the sin of backbiting is graver than the sin of tale-bearing.

  On the contrary, It is written (Ecclus. 5:17): "An evil mark of disgrace is upon the double-tongued; but to the tale-bearer [Douay: 'whisperer'] hatred, and enmity, and reproach."

  I answer that, As stated above (Question [73], Article [3]; FS, Question [73], Article [8]), sins against one's neighbor are the more grievous, according as they inflict a greater injury on him: and an injury is so much the greater, according to the greatness of the good which it takes away. Now of all one's external goods a friend takes the first place, since "no man can live without friends," as the Philosopher declares (Ethic. viii, 1). Hence it is written (Ecclus. 6:15): "Nothing can be compared to a faithful friend." Again, a man's good name whereof backbiting deprives him, is most necessary to him that he may be fitted for friendship. Therefore tale-bearing is a greater sin than backbiting or even reviling, because a friend is better than honor, and to be loved is better than to be honored, according to the Philosopher (Ethic. viii).

  Reply to Objection 1: The species and gravity of a sin depend on the end rather than on the material object, wherefore, by reason of its end, tale-bearing is worse than backbiting, although sometimes the backbiter says worse things.

  Reply to Objection 2: A good name is a disposition for friendship, and a bad name is a disposition for enmity. But a disposition falls short of the thing for which it disposes. Hence to do anything that leads to a disposition for enmity is a less grievous sin than to do what conduces directly to enmity.

  Reply to Objection 3: He that backbites his brother, seems to detract the law, in so far as he despises the precept of love for one's neighbor: while he that strives to sever friendship seems to act more directly against this precept. Hence the latter sin is more specially against God, because "God is charity" (1 Jn. 4:16), and for this reason it is written (Prov. 6:16): "Six things there are, which the Lord hateth, and the seventh His soul detesteth," and the seventh is "he (Prov. 6:19) that soweth discord among brethren."

Question: 75 OF DERISION [*Or mockery] (TWO ARTICLES)

   We must now speak of derision, under which head there are two points of inquiry:

    (1) Whether derision is a special sin distinct from the other sins whereby one's neighbor is injured by words?

    (2) Whether derision is a mortal sin?

Article: 1 

Whether derision is a special sin distinct from those already mentioned?

  Objection 1: It would seem that derision is not a special sin distinct from those mentioned above. For laughing to scorn is apparently the same as derision. But laughing to scorn pertains to reviling. Therefore derision would seem not to differ from reviling.

  Objection 2: Further, no man is derided except for something reprehensible which puts him to shame. Now such are sins; and if they be imputed to a person publicly, it is a case of reviling, if privately, it amounts to backbiting or tale-bearing. Therefore derision is not distinct from the foregoing vices.

  Objection 3: Further, sins of this kind are distinguished by the injury they inflict on one's neighbor. Now the injury inflicted on a man by derision affects either his honor, or his good name, or is detrimental to his friendship. Therefore derision is not a sin distinct from the foregoing.

  On the contrary, Derision is done in jest, wherefore it is described as "making fun." Now all the foregoing are done seriously and not in jest. Therefore derision differs from all of them.

  I answer that, As stated above (Question [72], Article [2]), sins of word should be weighed chiefly by the intention of the speaker, wherefore these sins are differentiated according to the various intentions of those who speak against another. Now just as the railer intends to injure the honor of the person he rails, the backbiter to depreciate a good name, and the tale-bearer to destroy friendship, so too the derider intends to shame the person he derides. And since this end is distinct from the others, it follows that the sin of derision is distinct from the foregoing sins.

  Reply to Objection 1: Laughing to scorn and derision agree as to the end but differ in mode, because derision is done with the "mouth," i.e. by words and laughter, while laughing to scorn is done by wrinkling the nose, as a gloss says on Ps. 2:4, "He that dwelleth in heaven shall laugh at them": and such a distinction does not differentiate the species. Yet they both differ from reviling, as being shamed differs from being dishonored: for to be ashamed is "to fear dishonor," as Damascene states (De Fide Orth. ii, 15).

  Reply to Objection 2: For doing a virtuous deed a man deserves both respect and a good name in the eyes of others, and in his own eyes the glory of a good conscience, according to 2 Cor. 1:12, "Our glory is this, the testimony of our conscience." Hence, on the other hand, for doing a reprehensible, i.e. a vicious action, a man forfeits his honor and good name in the eyes of others---and for this purpose the reviler and the backbiter speak of another person---while in his own eyes, he loses the glory of his conscience through being confused and ashamed at reprehensible deeds being imputed to him---and for this purpose the derider speaks ill of him. It is accordingly evident that derision agrees with the foregoing vices as to the matter but differs as to the end.

  Reply to Objection 3: A secure and calm conscience is a great good, according to Prov. 15:15, "A secure mind is like a continual feast." Wherefore he that disturbs another's conscience by confounding him inflicts a special injury on him: hence derision is a special kind of sin.

Article: 2 

Whether derision can be a mortal sin?

  Objection 1: It would seem that derision cannot be a mortal sin. Every mortal sin is contrary to charity. But derision does not seem contrary to charity, for sometimes it takes place in jest among friends, wherefore it is known as "making fun." Therefore derision cannot be a mortal sin.

  Objection 2: Further, the greatest derision would appear to be that which is done as an injury to God. But derision is not always a mortal sin when it tends to the injury of God: else it would be a mortal sin to relapse into a venial sin of which one has repented. For Isidore says (De Sum. Bon. ii, 16) that "he who continues to do what he has repented of, is a derider and not a penitent." It would likewise follow that all hypocrisy is a mortal sin, because, according to Gregory (Moral. xxxi, 15) "the ostrich signifies the hypocrite, who derides the horse, i.e. the just man, and his rider, i.e. God." Therefore derision is not a mortal sin.

  Objection 3: Further, reviling and backbiting seem to be graver sins than derision, because it is more to do a thing seriously than in jest. But not all backbiting or reviling is a mortal sin. Much less therefore is derision a mortal sin.

  On the contrary, It is written (Prov. 3:34): "He derideth [Vulg.: 'shall scorn'] the scorners." But God's derision is eternal punishment for mortal sin, as appears from the words of Ps. 2:4, "He that dwelleth in heaven shall laugh at them." Therefore derision is a mortal sin.

  I answer that, The object of derision is always some evil or defect. Now when an evil is great, it is taken, not in jest, but seriously: consequently if it is taken in jest or turned to ridicule (whence the terms 'derision' and 'jesting'), this is because it is considered to be slight. Now an evil may be considered to be slight in two ways: first, in itself, secondly, in relation to the person. When anyone makes game or fun of another's evil or defect, because it is a slight evil in itself, this is a venial sin by reason of its genus. on the other hand this defect may be considered as a slight evil in relation to the person, just as we are wont to think little of the defects of children and imbeciles: and then to make game or fun of a person, is to scorn him altogether, and to think him so despicable that his misfortune troubles us not one whit, but is held as an object of derision. In this way derision is a mortal sin, and more grievous than reviling, which is also done openly: because the reviler would seem to take another's evil seriously; whereas the derider does so in fun, and so would seem the more to despise and dishonor the other man. Wherefore, in this sense, derision is a grievous sin, and all the more grievous according as a greater respect is due to the person derided.

   Consequently it is an exceedingly grievous sin to deride God and the things of God, according to Is. 37:23, "Whom hast thou reproached, and whom hast thou blasphemed, and against whom hast thou exalted thy voice?" and he replies: "Against the Holy One of Israel." In the second place comes derision of one's parents, wherefore it is written (Prov. 30:17): "The eye that mocketh at his father, and that despiseth the labor of his mother in bearing him, let the ravens of the brooks pick it out, and the young eagles eat it." Further, the derision of good persons is grievous, because honor is the reward of virtue, and against this it is written (Job 12:4): "The simplicity of the just man is laughed to scorn." Such like derision does very much harm: because it turns men away from good deeds, according to Gregory (Moral. xx, 14), "Who when they perceive any good points appearing in the acts of others, directly pluck them up with the hand of a mischievous reviling."

  Reply to Objection 1: Jesting implies nothing contrary to charity in relation to the person with whom one jests, but it may imply something against charity in relation to the person who is the object of the jest, on account of contempt, as stated above.

  Reply to Objection 2: Neither he that relapses into a sin of which he has repented, nor a hypocrite, derides God explicitly, but implicitly, in so far as either's behavior is like a derider's. Nor is it true that to commit a venial sin is to relapse or dissimulate altogether, but only dispositively and imperfectly.

  Reply to Objection 3: Derision considered in itself is less grievous than backbiting or reviling, because it does not imply contempt, but jest. Sometimes however it includes greater contempt than reviling does, as stated above, and then it is a grave sin.

Question: 76 OF CURSING (FOUR ARTICLES)

   We must now consider cursing. Under this head there are four points of inquiry:

    (1) Whether one may lawfully curse another?

    (2) Whether one may lawfully curse an irrational creature?

    (3) Whether cursing is a mortal sin?

    (4) Of its comparison with other sins.

Article: 1  

Whether it is lawful to curse anyone?

  Objection 1: It would seem unlawful to curse anyone. For it is unlawful to disregard the command of the Apostle in whom Christ spoke, according to 2 Cor. 13:3. Now he commanded (Rm. 12:14), "Bless and curse not." Therefore it is not lawful to curse anyone.

  Objection 2: Further, all are bound to bless God, according to Dan. 3:82, "O ye sons of men, bless the Lord." Now the same mouth cannot both bless God and curse man, as proved in the third chapter of James. Therefore no man may lawfully curse another man.

  Objection 3: Further, he that curses another would seem to wish him some evil either of fault or of punishment, since a curse appears to be a kind of imprecation. But it is not lawful to wish ill to anyone, indeed we are bound to pray that all may be delivered from evil. Therefore it is unlawful for any man to curse.

  Objection 4: Further, the devil exceeds all in malice on account of his obstinacy. But it is not lawful to curse the devil, as neither is it lawful to curse oneself; for it is written (Ecclus. 21:30): "While the ungodly curseth the devil, he curseth his own soul." Much less therefore is it lawful to curse a man.

  Objection 5: Further, a gloss on Num. 23:8, "How shall I curse whom God hath not cursed?" says: "There cannot be a just cause for cursing a sinner if one be ignorant of his sentiments." Now one man cannot know another man's sentiments, nor whether he is cursed by God. Therefore no man may lawfully curse another.

  On the contrary, It is written (Dt. 27:26): "Cursed be he that abideth not in the words of this law." Moreover Eliseus cursed the little boys who mocked him (4 Kgs. 2:24).

  I answer that, To curse [maledicere] is the same as to speak ill [malum dicere]. Now "speaking" has a threefold relation to the thing spoken. First, by way of assertion, as when a thing is expressed in the indicative mood: in this way "maledicere" signifies simply to tell someone of another's evil, and this pertains to backbiting, wherefore tellers of evil [maledici] are sometimes called backbiters. Secondly, speaking is related to the thing spoken, by way of cause, and this belongs to God first and foremost, since He made all things by His word, according to Ps. 32:9, "He spoke and they were made"; while secondarily it belongs to man, who, by his word, commands others and thus moves them to do something: it is for this purpose that we employ verbs in the imperative mood. Thirdly, "speaking" is related to the thing spoken by expressing the sentiments of one who desires that which is expressed in words; and for this purpose we employ the verb in the optative mood.

   Accordingly we may omit the first kind of evil speaking which is by way of simple assertion of evil, and consider the other two kinds. And here we must observe that to do something and to will it are consequent on one another in the matter of goodness and wickedness, as shown above (FS, Question [20], Article [3]). Hence in these two ways of evil speaking, by way of command and by way of desire, there is the same aspect of lawfulness and unlawfulness, for if a man commands or desires another's evil, as evil, being intent on the evil itself, then evil speaking will be unlawful in both ways, and this is what is meant by cursing. On the other hand if a man commands or desires another's evil under the aspect of good, it is lawful; and it may be called cursing, not strictly speaking, but accidentally, because the chief intention of the speaker is directed not to evil but to good.

   Now evil may be spoken, by commanding or desiring it, under the aspect of a twofold good. Sometimes under the aspect of just, and thus a judge lawfully curses a man whom he condemns to a just penalty: thus too the Church curses by pronouncing anathema. In the same way the prophets in the Scriptures sometimes call down evils on sinners, as though conforming their will to Divine justice, although such like imprecation may be taken by way of foretelling. Sometimes evil is spoken under the aspect of useful, as when one wishes a sinner to suffer sickness or hindrance of some kind, either that he may himself reform, or at least that he may cease from harming others.

  Reply to Objection 1: The Apostle forbids cursing strictly so called with an evil intent: and the same answer applies to the Second Objection.

  Reply to Objection 3: To wish another man evil under the aspect of good, is not opposed to the sentiment whereby one wishes him good simply, in fact rather is it in conformity therewith.

  Reply to Objection 4: In the devil both nature and guilt must be considered. His nature indeed is good and is from God nor is it lawful to curse it. On the other hand his guilt is deserving of being cursed, according to Job 3:8, "Let them curse it who curse the day." Yet when a sinner curses the devil on account of his guilt, for the same reason he judges himself worthy of being cursed; and in this sense he is said to curse his own soul.

  Reply to Objection 5: Although the sinner's sentiments cannot be perceived in themselves, they can be perceived through some manifest sin, which has to be punished. Likewise although it is not possible to know whom God curses in respect of final reprobation, it is possible to know who is accursed of God in respect of being guilty of present sin.

Article: 2  

Whether it is lawful to curse an irrational creature?

  Objection 1: It would seem that it is unlawful to curse an irrational creature. Cursing would seem to be lawful chiefly in its relation to punishment. Now irrational creatures are not competent subjects either of guilt or of punishment. Therefore it is unlawful to curse them.

  Objection 2: Further, in an irrational creature there is nothing but the nature which God made. But it is unlawful to curse this even in the devil, as stated above (Article [1]). Therefore it is nowise lawful to curse an irrational creature.

  Objection 3: Further, irrational creatures are either stable, as bodies, or transient, as the seasons. Now, according to Gregory (Moral. iv, 2), "it is useless to curse what does not exist, and wicked to curse what exists." Therefore it is nowise lawful to curse an irrational creature.

  On the contrary, our Lord cursed the fig tree, as related in Mt. 21:19; and Job cursed his day, according to Job 3:1.

  I answer that, Benediction and malediction, properly speaking, regard things to which good or evil may happen, viz. rational creatures: while good and evil are said to happen to irrational creatures in relation to the rational creature for whose sake they are. Now they are related to the rational creature in several ways. First by way of ministration, in so far as irrational creatures minister to the needs of man. In this sense the Lord said to man (Gn. 3:17): "Cursed is the earth in thy work," so that its barrenness would be a punishment to man. Thus also David cursed the mountains of Gelboe, according to Gregory's expounding (Moral. iv, 3). Again the irrational creature is related to the rational creature by way of signification: and thus our Lord cursed the fig tree in signification of Judea. Thirdly, the irrational creature is related to rational creatures as something containing them, namely by way of time or place: and thus Job cursed the day of his birth, on account of the original sin which he contracted in birth, and on account of the consequent penalties. In this sense also we may understand David to have cursed the mountains of Gelboe, as we read in 2 Kgs. 1:21, namely on account of the people slaughtered there.

   But to curse irrational beings, considered as creatures of God, is a sin of blasphemy; while to curse them considered in themselves is idle and vain and consequently unlawful.

   From this the Replies to the objections may easily be gathered.

Article: 3  

Whether cursing is a mortal sin?

  Objection 1: It would seem that cursing is not a mortal sin. For Augustine in a homily On the Fire of Purgatory [*Serm. civ in the appendix of St. Augustine's works] reckons cursing among slight sins. But such sins are venial. Therefore cursing is not a mortal but a venial Sin.

  Objection 2: Further, that which proceeds from a slight movement of the mind does not seem to be generically a mortal sin. But cursing sometimes arises from a slight movement. Therefore cursing is not a mortal sin.

  Objection 3: Further, evil deeds are worse than evil words. But evil deeds are not always mortal sins. Much less therefore is cursing a mortal sin.

  On the contrary, Nothing save mortal sin excludes one from the kingdom of God. But cursing excludes from the kingdom of God, according to 1 Cor. 6:10, "Nor cursers [Douay: 'railers'], nor extortioners shall possess the kingdom of God." Therefore cursing is a mortal sin.

  I answer that, The evil words of which we are speaking now are those whereby evil is uttered against someone by way of command or desire. Now to wish evil to another man, or to conduce to that evil by commanding it, is, of its very nature, contrary to charity whereby we love our neighbor by desiring his good. Consequently it is a mortal sin, according to its genus, and so much the graver, as the person whom we curse has a greater claim on our love and respect. Hence it is written (Lev. 20:9): "He that curseth his father, or mother, dying let him die."

   It may happen however that the word uttered in cursing is a venial sin either through the slightness of the evil invoked on another in cursing him, or on account of the sentiments of the person who utters the curse; because he may say such words through some slight movement, or in jest, or without deliberation, and sins of word should be weighed chiefly with regard to the speaker's intention, as stated above (Question [72], Article [2]).

   From this the Replies to the Objections may be easily gathered.

Article: 4 

Whether cursing is a graver sin than backbiting?

  Objection 1: It would seem that cursing is a graver sin than backbiting. Cursing would seem to be a kind of blasphemy, as implied in the canonical epistle of Jude (verse 9) where it is said that "when Michael the archangel, disputing with the devil, contended about the body of Moses, he durst not bring against him the judgment of blasphemy [Douay: 'railing speech']," where blasphemy stands for cursing, according to a gloss. Now blasphemy is a graver sin than backbiting. Therefore cursing is a graver sin than backbiting.

  Objection 2: Further, murder is more grievous than backbiting, as stated above (Question [73], Article [3]). But cursing is on a par with the sin of murder; for Chrysostom says (Hom. xix, super Matth.): "When thou sayest: 'Curse him down with his house, away with everything,' you are no better than a murderer." Therefore cursing is graver than backbiting.

  Objection 3: Further, to cause a thing is more than to signify it. But the curser causes evil by commanding it, whereas the backbiter merely signifies an evil already existing. Therefore the curser sins more grievously than the backbiter.

  On the contrary, It is impossible to do well in backbiting, whereas cursing may be either a good or an evil deed, as appears from what has been said (Article [1]). Therefore backbiting is graver than cursing.

  I answer that, As stated in the FP, Question [48], Article [5], evil is twofold, evil of fault, and evil of punishment; and of the two, evil of fault is the worse (FP, Question [48], Article [6]). Hence to speak evil of fault is worse than to speak evil of punishment, provided the mode of speaking be the same. Accordingly it belongs to the reviler, the tale-bearer, the backbiter and the derider to speak evil of fault, whereas it belongs to the evil-speaker, as we understand it here, to speak evil of punishment, and not evil of fault except under the aspect of punishment. But the mode of speaking is not the same, for in the case of the four vices mentioned above, evil of fault is spoken by way of assertion, whereas in the case of cursing evil of punishment is spoken, either by causing it in the form of a command, or by wishing it. Now the utterance itself of a person's fault is a sin, in as much as it inflicts an injury on one's neighbor, and it is more grievous to inflict an injury, than to wish to inflict it, other things being equal.

   Hence backbiting considered in its generic aspect is a graver sin than the cursing which expresses a mere desire; while the cursing which is expressed by way of command, since it has the aspect of a cause, will be more or less grievous than backbiting, according as it inflicts an injury more or less grave than the blackening of a man's good name. Moreover this must be taken as applying to these vices considered in their essential aspects: for other accidental points might be taken into consideration, which would aggravate or extenuate the aforesaid vices.

  Reply to Objection 1: To curse a creature, as such, reflects on God, and thus accidentally it has the character of blasphemy; not so if one curse a creature on account of its fault: and the same applies to backbiting.

  Reply to Objection 2: As stated above (Article [3]), cursing, in one way, includes the desire for evil, where if the curser desire the evil of another's violent death, he does not differ, in desire, from a murderer, but he differs from him in so far as the external act adds something to the act of the will.

  Reply to Objection 3: This argument considers cursing by way of command.

(D) BY SINS COMMITTED IN BUYING AND SELLING (Question [77])

Question: 77 OF CHEATING, WHICH IS COMMITTED IN BUYING AND SELLING (FOUR ARTICLES)

   We must now consider those sins which relate to voluntary commutations. First, we shall consider cheating, which is committed in buying and selling: secondly, we shall consider usury, which occurs in loans. In connection with the other voluntary commutations no special kind of sin is to be found distinct from rapine and theft.

   Under the first head there are four points of inquiry:

    (1) Of unjust sales as regards the price; namely, whether it is lawful to sell a thing for more than its worth?

    (2) Of unjust sales on the part of the thing sold;

    (3) Whether the seller is bound to reveal a fault in the thing sold?

    (4) Whether it is lawful in trading to sell a thing at a higher price than was paid for it?

Article: 1  

Whether it is lawful to sell a thing for more than its worth?

  Objection 1: It would seem that it is lawful to sell a thing for more than its worth. In the commutations of human life, civil laws determine that which is just. Now according to these laws it is just for buyer and seller to deceive one another (Cod. IV, xliv, De Rescind. Vend. 8,15): and this occurs by the seller selling a thing for more than its worth, and the buyer buying a thing for less than its worth. Therefore it is lawful to sell a thing for more than its worth

  Objection 2: Further, that which is common to all would seem to be natural and not sinful. Now Augustine relates that the saying of a certain jester was accepted by all, "You wish to buy for a song and to sell at a premium," which agrees with the saying of Prov. 20:14, "It is naught, it is naught, saith every buyer: and when he is gone away, then he will boast." Therefore it is lawful to sell a thing for more than its worth.

  Objection 3: Further, it does not seem unlawful if that which honesty demands be done by mutual agreement. Now, according to the Philosopher (Ethic. viii, 13), in the friendship which is based on utility, the amount of the recompense for a favor received should depend on the utility accruing to the receiver: and this utility sometimes is worth more than the thing given, for instance if the receiver be in great need of that thing, whether for the purpose of avoiding a danger, or of deriving some particular benefit. Therefore, in contracts of buying and selling, it is lawful to give a thing in return for more than its worth.

  On the contrary, It is written (Mt. 7:12): "All things . . . whatsoever you would that men should do to you, do you also to them." But no man wishes to buy a thing for more than its worth. Therefore no man should sell a thing to another man for more than its worth.

  I answer that, It is altogether sinful to have recourse to deceit in order to sell a thing for more than its just price, because this is to deceive one's neighbor so as to injure him. Hence Tully says (De Offic. iii, 15): "Contracts should be entirely free from double-dealing: the seller must not impose upon the bidder, nor the buyer upon one that bids against him."

   But, apart from fraud, we may speak of buying and selling in two ways. First, as considered in themselves, and from this point of view, buying and selling seem to be established for the common advantage of both parties, one of whom requires that which belongs to the other, and vice versa, as the Philosopher states (Polit. i, 3). Now whatever is established for the common advantage, should not be more of a burden to one party than to another, and consequently all contracts between them should observe equality of thing and thing. Again, the quality of a thing that comes into human use is measured by the price given for it, for which purpose money was invented, as stated in Ethic. v, 5. Therefore if either the price exceed the quantity of the thing's worth, or, conversely, the thing exceed the price, there is no longer the equality of justice: and consequently, to sell a thing for more than its worth, or to buy it for less than its worth, is in itself unjust and unlawful.

   Secondly we may speak of buying and selling, considered as accidentally tending to the advantage of one party, and to the disadvantage of the other: for instance, when a man has great need of a certain thing, while an other man will suffer if he be without it. In such a case the just price will depend not only on the thing sold, but on the loss which the sale brings on the seller. And thus it will be lawful to sell a thing for more than it is worth in itself, though the price paid be not more than it is worth to the owner. Yet if the one man derive a great advantage by becoming possessed of the other man's property, and the seller be not at a loss through being without that thing, the latter ought not to raise the price, because the advantage accruing to the buyer, is not due to the seller, but to a circumstance affecting the buyer. Now no man should sell what is not his, though he may charge for the loss he suffers.

   On the other hand if a man find that he derives great advantage from something he has bought, he may, of his own accord, pay the seller something over and above: and this pertains to his honesty.

  Reply to Objection 1: As stated above (FS, Question [96], Article [2]) human law is given to the people among whom there are many lacking virtue, and it is not given to the virtuous alone. Hence human law was unable to forbid all that is contrary to virtue; and it suffices for it to prohibit whatever is destructive of human intercourse, while it treats other matters as though they were lawful, not by approving of them, but by not punishing them. Accordingly, if without employing deceit the seller disposes of his goods for more than their worth, or the buyer obtain them for less than their worth, the law looks upon this as licit, and provides no punishment for so doing, unless the excess be too great, because then even human law demands restitution to be made, for instance if a man be deceived in regard to more than half the amount of the just price of a thing [*Cod. IV, xliv, De Rescind. Vend. 2,8].

   On the other hand the Divine law leaves nothing unpunished that is contrary to virtue. Hence, according to the Divine law, it is reckoned unlawful if the equality of justice be not observed in buying and selling: and he who has received more than he ought must make compensation to him that has suffered loss, if the loss be considerable. I add this condition, because the just price of things is not fixed with mathematical precision, but depends on a kind of estimate, so that a slight addition or subtraction would not seem to destroy the equality of justice.

  Reply to Objection 2: As Augustine says "this jester, either by looking into himself or by his experience of others, thought that all men are inclined to wish to buy for a song and sell at a premium. But since in reality this is wicked, it is in every man's power to acquire that justice whereby he may resist and overcome this inclination." And then he gives the example of a man who gave the just price for a book to a man who through ignorance asked a low price for it. Hence it is evident that this common desire is not from nature but from vice, wherefore it is common to many who walk along the broad road of sin.

  Reply to Objection 3: In commutative justice we consider chiefly real equality. On the other hand, in friendship based on utility we consider equality of usefulness, so that the recompense should depend on the usefulness accruing, whereas in buying it should be equal to the thing bought.

Article: 2  

Whether a sale is rendered unlawful through a fault in the thing sold?

  Objection 1: It would seem that a sale is not rendered unjust and unlawful through a fault in the thing sold. For less account should be taken of the other parts of a thing than of what belongs to its substance. Yet the sale of a thing does not seem to be rendered unlawful through a fault in its substance: for instance, if a man sell instead of the real metal, silver or gold produced by some chemical process, which is adapted to all the human uses for which silver and gold are necessary, for instance in the making of vessels and the like. Much less therefore will it be an unlawful sale if the thing be defective in other ways.

  Objection 2: Further, any fault in the thing, affecting the quantity, would seem chiefly to be opposed to justice which consists in equality. Now quantity is known by being measured: and the measures of things that come into human use are not fixed, but in some places are greater, in others less, as the Philosopher states (Ethic. v, 7). Therefore just as it is impossible to avoid defects on the part of the thing sold, it seems that a sale is not rendered unlawful through the thing sold being defective.

  Objection 3: Further, the thing sold is rendered defective by lacking a fitting quality. But in order to know the quality of a thing, much knowledge is required that is lacking in most buyers. Therefore a sale is not rendered unlawful by a fault (in the thing sold).

  On the contrary, Ambrose says (De Offic. iii, 11): "It is manifestly a rule of justice that a good man should not depart from the truth, nor inflict an unjust injury on anyone, nor have any connection with fraud."

  I answer that, A threefold fault may be found pertaining to the thing which is sold. One, in respect of the thing's substance: and if the seller be aware of a fault in the thing he is selling, he is guilty of a fraudulent sale, so that the sale is rendered unlawful. Hence we find it written against certain people (Is. 1:22), "Thy silver is turned into dross, thy wine is mingled with water": because that which is mixed is defective in its substance.

   Another defect is in respect of quantity which is known by being measured: wherefore if anyone knowingly make use of a faulty measure in selling, he is guilty of fraud, and the sale is illicit. Hence it is written (Dt. 25:13,14): "Thou shalt not have divers weights in thy bag, a greater and a less: neither shall there be in thy house a greater bushel and a less," and further on (Dt. 25:16): "For the Lord . . . abhorreth him that doth these things, and He hateth all injustice."

   A third defect is on the part of the quality, for instance, if a man sell an unhealthy animal as being a healthy one: and if anyone do this knowingly he is guilty of a fraudulent sale, and the sale, in consequence, is illicit.

   In all these cases not only is the man guilty of a fraudulent sale, but he is also bound to restitution. But if any of the foregoing defects be in the thing sold, and he knows nothing about this, the seller does not sin, because he does that which is unjust materially, nor is his deed unjust, as shown above (Question [59], Article [2]). Nevertheless he is bound to compensate the buyer, when the defect comes to his knowledge. Moreover what has been said of the seller applies equally to the buyer. For sometimes it happens that the seller thinks his goods to be specifically of lower value, as when a man sells gold instead of copper, and then if the buyer be aware of this, he buys it unjustly and is bound to restitution: and the same applies to a defect in quantity as to a defect in quality.

  Reply to Objection 1: Gold and silver are costly not only on account of the usefulness of the vessels and other like things made from them, but also on account of the excellence and purity of their substance. Hence if the gold or silver produced by alchemists has not the true specific nature of gold and silver, the sale thereof is fraudulent and unjust, especially as real gold and silver can produce certain results by their natural action, which the counterfeit gold and silver of alchemists cannot produce. Thus the true metal has the property of making people joyful, and is helpful medicinally against certain maladies. Moreover real gold can be employed more frequently, and lasts longer in its condition of purity than counterfeit gold. If however real gold were to be produced by alchemy, it would not be unlawful to sell it for the genuine article, for nothing prevents art from employing certain natural causes for the production of natural and true effects, as Augustine says (De Trin. iii, 8) of things produced by the art of the demons.

  Reply to Objection 2: The measures of salable commodities must needs be different in different places, on account of the difference of supply: because where there is greater abundance, the measures are wont to be larger. However in each place those who govern the state must determine the just measures of things salable, with due consideration for the conditions of place and time. Hence it is not lawful to disregard such measures as are established by public authority or custom.

  Reply to Objection 3: As Augustine says (De Civ. Dei xi, 16) the price of things salable does not depend on their degree of nature, since at times a horse fetches a higher price than a slave; but it depends on their usefulness to man. Hence it is not necessary for the seller or buyer to be cognizant of the hidden qualities of the thing sold, but only of such as render the thing adapted to man's use, for instance, that the horse be strong, run well and so forth. Such qualities the seller and buyer can easily discover.
 
Article: 3  

Whether the seller is bound to state the defects of the thing sold?

  Objection 1: It would seem that the seller is not bound to state the defects of the thing sold. Since the seller does not bind the buyer to buy, he would seem to leave it to him to judge of the goods offered for sale. Now judgment about a thing and knowledge of that thing belong to the same person. Therefore it does not seem imputable to the seller if the buyer be deceived in his judgment, and be hurried into buying a thing without carefully inquiring into its condition.

  Objection 2: Further, it seems foolish for anyone to do what prevents him carrying out his work. But if a man states the defects of the goods he has for sale, he prevents their sale: wherefore Tully (De Offic. iii, 13) pictures a man as saying: "Could anything be more absurd than for a public crier, instructed by the owner, to cry: 'I offer this unhealthy horse for sale?'" Therefore the seller is not bound to state the defects of the thing sold.

  Objection 3: Further, man needs more to know the road of virtue than to know the faults of things offered for sale. Now one is not bound to offer advice to all or to tell them the truth about matters pertaining to virtue, though one should not tell anyone what is false. Much less therefore is a seller bound to tell the faults of what he offers for sale, as though he were counseling the buyer.

  Objection 4: Further, if one were bound to tell the faults of what one offers for sale, this would only be in order to lower the price. Now sometimes the price would be lowered for some other reason, without any defect in the thing sold: for instance, if the seller carry wheat to a place where wheat fetches a high price, knowing that many will come after him carrying wheat; because if the buyers knew this they would give a lower price. But apparently the seller need not give the buyer this information. Therefore, in like manner, neither need he tell him the faults of the goods he is selling.

  On the contrary, Ambrose says (De Offic. iii, 10): "In all contracts the defects of the salable commodity must be stated; and unless the seller make them known, although the buyer has already acquired a right to them, the contract is voided on account of the fraudulent action."

  I answer that, It is always unlawful to give anyone an occasion of danger or loss, although a man need not always give another the help or counsel which would be for his advantage in any way; but only in certain fixed cases, for instance when someone is subject to him, or when he is the only one who can assist him. Now the seller who offers goods for sale, gives the buyer an occasion of loss or danger, by the very fact that he offers him defective goods, if such defect may occasion loss or danger to the buyer---loss, if, by reason of this defect, the goods are of less value, and he takes nothing off the price on that account---danger, if this defect either hinder the use of the goods or render it hurtful, for instance, if a man sells a lame for a fleet horse, a tottering house for a safe one, rotten or poisonous food for wholesome. Wherefore if such like defects be hidden, and the seller does not make them known, the sale will be illicit and fraudulent, and the seller will be bound to compensation for the loss incurred.

   On the other hand, if the defect be manifest, for instance if a horse have but one eye, or if the goods though useless to the buyer, be useful to someone else, provided the seller take as much as he ought from the price, he is not bound to state the defect of the goods, since perhaps on account of that defect the buyer might want him to allow a greater rebate than he need. Wherefore the seller may look to his own indemnity, by withholding the defect of the goods.

  Reply to Objection 1: Judgment cannot be pronounced save on what is manifest: for "a man judges of what he knows" (Ethic. i, 3). Hence if the defects of the goods offered for sale be hidden, judgment of them is not sufficiently left with the buyer unless such defects be made known to him. The case would be different if the defects were manifest.

  Reply to Objection 2: There is no need to publish beforehand by the public crier the defects of the goods one is offering for sale, because if he were to begin by announcing its defects, the bidders would be frightened to buy, through ignorance of other qualities that might render the thing good and serviceable. Such defect ought to be stated to each individual that offers to buy: and then he will be able to compare the various points one with the other, the good with the bad: for nothing prevents that which is defective in one respect being useful in many others.

  Reply to Objection 3: Although a man is not bound strictly speaking to tell everyone the truth about matters pertaining to virtue, yet he is so bound in a case when, unless he tells the truth, his conduct would endanger another man in detriment to virtue: and so it is in this case.

  Reply to Objection 4: The defect in a thing makes it of less value now than it seems to be: but in the case cited, the goods are expected to be of less value at a future time, on account of the arrival of other merchants, which was not foreseen by the buyers. Wherefore the seller, since he sells his goods at the price actually offered him, does not seem to act contrary to justice through not stating what is going to happen. If however he were to do so, or if he lowered his price, it would be exceedingly virtuous on his part: although he does not seem to be bound to do this as a debt of justice.

Article: 4 

Whether, in trading, it is lawful to sell a thing at a higher price than what was paid for it?

  Objection 1: It would seem that it is not lawful, in trading, to sell a thing for a higher price than we paid for it. For Chrysostom [*Hom. xxxviii in the Opus Imperfectum, falsely ascribed to St. John Chrysostom] says on Mt. 21:12: "He that buys a thing in order that he may sell it, entire and unchanged, at a profit, is the trader who is cast out of God's temple." Cassiodorus speaks in the same sense in his commentary on Ps. 70:15, "Because I have not known learning, or trading" according to another version [*The Septuagint]: "What is trade," says he, "but buying at a cheap price with the purpose of retailing at a higher price?" and he adds: "Such were the tradesmen whom Our Lord cast out of the temple." Now no man is cast out of the temple except for a sin. Therefore such like trading is sinful.

  Objection 2: Further, it is contrary to justice to sell goods at a higher price than their worth, or to buy them for less than their value, as shown above (Article [1]). Now if you sell a thing for a higher price than you paid for it, you must either have bought it for less than its value, or sell it for more than its value. Therefore this cannot be done without sin.

  Objection 3: Further, Jerome says (Ep. ad Nepot. lii): "Shun, as you would the plague, a cleric who from being poor has become wealthy, or who, from being a nobody has become a celebrity." Now trading would net seem to be forbidden to clerics except on account of its sinfulness. Therefore it is a sin in trading, to buy at a low price and to sell at a higher price.

  On the contrary, Augustine commenting on Ps. 70:15, "Because I have not known learning," [*Cf. OBJ 1] says: "The greedy tradesman blasphemes over his losses; he lies and perjures himself over the price of his wares. But these are vices of the man, not of the craft, which can be exercised without these vices." Therefore trading is not in itself unlawful.

  I answer that, A tradesman is one whose business consists in the exchange of things. According to the Philosopher (Polit. i, 3), exchange of things is twofold; one, natural as it were, and necessary, whereby one commodity is exchanged for another, or money taken in exchange for a commodity, in order to satisfy the needs of life. Such like trading, properly speaking, does not belong to tradesmen, but rather to housekeepers or civil servants who have to provide the household or the state with the necessaries of life. The other kind of exchange is either that of money for money, or of any commodity for money, not on account of the necessities of life, but for profit, and this kind of exchange, properly speaking, regards tradesmen, according to the Philosopher (Polit. i, 3). The former kind of exchange is commendable because it supplies a natural need: but the latter is justly deserving of blame, because, considered in itself, it satisfies the greed for gain, which knows no limit and tends to infinity. Hence trading, considered in itself, has a certain debasement attaching thereto, in so far as, by its very nature, it does not imply a virtuous or necessary end. Nevertheless gain which is the end of trading, though not implying, by its nature, anything virtuous or necessary, does not, in itself, connote anything sinful or contrary to virtue: wherefore nothing prevents gain from being directed to some necessary or even virtuous end, and thus trading becomes lawful. Thus, for instance, a man may intend the moderate gain which he seeks to acquire by trading for the upkeep of his household, or for the assistance of the needy: or again, a man may take to trade for some public advantage, for instance, lest his country lack the necessaries of life, and seek gain, not as an end, but as payment for his labor.

  Reply to Objection 1: The saying of Chrysostom refers to the trading which seeks gain as a last end. This is especially the case where a man sells something at a higher price without its undergoing any change. For if he sells at a higher price something that has changed for the better, he would seem to receive the reward of his labor. Nevertheless the gain itself may be lawfully intended, not as a last end, but for the sake of some other end which is necessary or virtuous, as stated above.

  Reply to Objection 2: Not everyone that sells at a higher price than he bought is a tradesman, but only he who buys that he may sell at a profit. If, on the contrary, he buys not for sale but for possession, and afterwards, for some reason wishes to sell, it is not a trade transaction even if he sell at a profit. For he may lawfully do this, either because he has bettered the thing, or because the value of the thing has changed with the change of place or time, or on account of the danger he incurs in transferring the thing from one place to another, or again in having it carried by another. In this sense neither buying nor selling is unjust.

  Reply to Objection 3: Clerics should abstain not only from things that are evil in themselves, but even from those that have an appearance of evil. This happens in trading, both because it is directed to worldly gain, which clerics should despise, and because trading is open to so many vices, since "a merchant is hardly free from sins of the lips" [*'A merchant is hardly free from negligence, and a huckster shall not be justified from the sins of the lips'] (Ecclus. 26:28). There is also another reason, because trading engages the mind too much with worldly cares, and consequently withdraws it from spiritual cares; wherefore the Apostle says (2 Tim. 2:4): "No man being a soldier to God entangleth himself with secular businesses." Nevertheless it is lawful for clerics to engage in the first mentioned kind of exchange, which is directed to supply the necessaries of life, either by buying or by selling.

(E) BY SINS COMMITTED IN LOANS (Question [78])

Question: 78  OF THE SIN OF USURY (FOUR ARTICLES)

   We must now consider the sin of usury, which is committed in loans: and under this head there are four points of inquiry:

    (1) Whether it is a sin to take money as a price for money lent, which is to receive usury?

    (2) Whether it is lawful to lend money for any other kind of consideration, by way of payment for the loan?

    (3) Whether a man is bound to restore just gains derived from money taken in usury?

    (4) Whether it is lawful to borrow money under a condition of usury?
 
Article: 1 

Whether it is a sin to take usury for money lent?

  Objection 1: It would seem that it is not a sin to take usury for money lent. For no man sins through following the example of Christ. But Our Lord said of Himself (Lk. 19:23): "At My coming I might have exacted it," i.e. the money lent, "with usury." Therefore it is not a sin to take usury for lending money.

  Objection 2: Further, according to Ps. 18:8, "The law of the Lord is unspotted," because, to wit, it forbids sin. Now usury of a kind is allowed in the Divine law, according to Dt. 23:19,20: "Thou shalt not fenerate to thy brother money, nor corn, nor any other thing, but to the stranger": nay more, it is even promised as a reward for the observance of the Law, according to Dt. 28:12: "Thou shalt fenerate* to many nations, and shalt not borrow of any one." [*'Faeneraberis'---'Thou shalt lend upon usury.' The Douay version has simply 'lend.' The objection lays stress on the word 'faeneraberis': hence the necessity of rendering it by 'fenerate.'] Therefore it is not a sin to take usury.

  Objection 3: Further, in human affairs justice is determined by civil laws. Now civil law allows usury to be taken. Therefore it seems to be lawful.

  Objection 4: Further, the counsels are not binding under sin. But, among other counsels we find (Lk. 6:35): "Lend, hoping for nothing thereby." Therefore it is not a sin to take usury.

  Objection 5: Further, it does not seem to be in itself sinful to accept a price for doing what one is not bound to do. But one who has money is not bound in every case to lend it to his neighbor. Therefore it is lawful for him sometimes to accept a price for lending it.

  Objection 6: Further, silver made into coins does not differ specifically from silver made into a vessel. But it is lawful to accept a price for the loan of a silver vessel. Therefore it is also lawful to accept a price for the loan of a silver coin. Therefore usury is not in itself a sin.

  Objection 7: Further, anyone may lawfully accept a thing which its owner freely gives him. Now he who accepts the loan, freely gives the usury. Therefore he who lends may lawfully take the usury.

  On the contrary, It is written (Ex. 22:25): "If thou lend money to any of thy people that is poor, that dwelleth with thee, thou shalt not be hard upon them as an extortioner, nor oppress them with usuries."

  I answer that, To take usury for money lent is unjust in itself, because this is to sell what does not exist, and this evidently leads to inequality which is contrary to justice. In order to make this evident, we must observe that there are certain things the use of which consists in their consumption: thus we consume wine when we use it for drink and we consume wheat when we use it for food. Wherefore in such like things the use of the thing must not be reckoned apart from the thing itself, and whoever is granted the use of the thing, is granted the thing itself and for this reason, to lend things of this kin is to transfer the ownership. Accordingly if a man wanted to sell wine separately from the use of the wine, he would be selling the same thing twice, or he would be selling what does not exist, wherefore he would evidently commit a sin of injustice. In like manner he commits an injustice who lends wine or wheat, and asks for double payment, viz. one, the return of the thing in equal measure, the other, the price of the use, which is called usury.

   On the other hand, there are things the use of which does not consist in their consumption: thus to use a house is to dwell in it, not to destroy it. Wherefore in such things both may be granted: for instance, one man may hand over to another the ownership of his house while reserving to himself the use of it for a time, or vice versa, he may grant the use of the house, while retaining the ownership. For this reason a man may lawfully make a charge for the use of his house, and, besides this, revendicate the house from the person to whom he has granted its use, as happens in renting and letting a house.

   Now money, according to the Philosopher (Ethic. v, 5; Polit. i, 3) was invented chiefly for the purpose of exchange: and consequently the proper and principal use of money is its consumption or alienation whereby it is sunk in exchange. Hence it is by its very nature unlawful to take payment for the use of money lent, which payment is known as usury: and just as a man is bound to restore other ill-gotten goods, so is he bound to restore the money which he has taken in usury.

  Reply to Objection 1: In this passage usury must be taken figuratively for the increase of spiritual goods which God exacts from us, for He wishes us ever to advance in the goods which we receive from Him: and this is for our own profit not for His.

  Reply to Objection 2: The Jews were forbidden to take usury from their brethren, i.e. from other Jews. By this we are given to understand that to take usury from any man is evil simply, because we ought to treat every man as our neighbor and brother, especially in the state of the Gospel, whereto all are called. Hence it is said without any distinction in Ps. 14:5: "He that hath not put out his money to usury," and (Ezech. 18:8): "Who hath not taken usury [*Vulg.: 'If a man . . . hath not lent upon money, nor taken any increase . . . he is just.']." They were permitted, however, to take usury from foreigners, not as though it were lawful, but in order to avoid a greater evil, lest, to wit, through avarice to which they were prone according to Is. 56:11, they should take usury from the Jews who were worshippers of God.

   Where we find it promised to them as a reward, "Thou shalt fenerate to many nations," etc., fenerating is to be taken in a broad sense for lending, as in Ecclus. 29:10, where we read: "