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Summa Theologica, Part I-II (Pars Prima Secundae)

Thomas, Aquinas, Saint · c. 1265–1273 primary

passage 776 of 861 · PART I-II ("Prima Secundae") > i.e. from the popular assembly, down to the tenth generation. The same applies to eunuchs, who were not competent to receive the honor due to a father, especially among the Jews, where the divine worship was continued through carnal generation: for even among the heathens, those who had many children were marked with special honor, as the (3/7)

in brief
The text completes Q.105 by explaining laws on refusing certain marriages, levirate-like obligations, the temporary nature and limits of divorce, and why sacrifices of jealousy target marital adultery rather than other wrongs.

On the contrary, It is written (Ps. 18:10): "The judgments of the Lord are true, justified in themselves."

I answer that, The mutual relations of the members of a household regard everyday actions directed to the necessities of life, as the Philosopher states (Polit. i, 1). Now the preservation of man's life may be considered from two points of view. First, from the point of view of the individual, i.e. in so far as man preserves his individuality: and for the purpose of the preservation of life, considered from this standpoint, man has at his service external goods, by means of which he provides himself with food and clothing and other such necessaries of life: in the handling of which he has need of servants. Secondly man's life is preserved from the point of view of the species, by means of generation, for which purpose man needs a wife, that she may bear him children. Accordingly the mutual relations of the members of a household admit of a threefold combination: viz. those of master and servant, those of husband and wife, and those of father and son: and in respect of all these relationships the Old Law contained fitting precepts. Thus, with regard to servants, it commanded them to be treated with moderation--both as to their work, lest, to wit, they should be burdened with excessive labor, wherefore the Lord commanded (Deut. 5:14) that on the Sabbath day "thy manservant and thy maidservant" should "rest even as thyself"--and also as to the infliction of punishment, for it ordered those who maimed their servants, to set them free (Ex. 21:26, 27). Similar provision was made in favor of a maidservant when married to anyone (Ex. 21:7, seqq.). Moreover, with regard to those servants in particular who were taken from among the people, the Law prescribed that they should go out free in the seventh year taking whatever they brought with them, even their clothes (Ex. 21:2, seqq.): and furthermore it was commanded (Deut. 15:13) that they should be given provision for the journey.

With regard to wives the Law made certain prescriptions as to those who were to be taken in marriage: for instance, that they should marry a wife from their own tribe (Num. 36:6): and this lest confusion should ensue in the property of various tribes. Also that a man should marry the wife of his deceased brother when the latter died without issue, as prescribed in Deut. 25:5, 6: and this in order that he who could not have successors according to carnal origin, might at least have them by a kind of adoption, and that thus the deceased might not be entirely forgotten. It also forbade them to marry certain women; to wit, women of strange nations, through fear of their losing their faith; and those of their near kindred, on account of the natural respect due to them. Furthermore it prescribed in what way wives were to be treated after marriage. To wit, that they should not be slandered without grave reason: wherefore it ordered punishment to be inflicted on the man who falsely accused his wife of a crime (Deut. 22:13, seqq.). Also that a man's hatred of his wife should not be detrimental to his son (Deut. 21:15, seqq.). Again, that a man should not ill-use his wife through hatred of her, but rather that he should write a bill of divorce and send her away (Deut. 24:1). Furthermore, in order to foster conjugal love from the very outset, it was prescribed that no public duties should be laid on a recently married man, so that he might be free to rejoice with his wife.

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topics: adultery, divorce, and separation · marriage and betrothal · sin, guilt, and repentance

Summa Theologica, Part I-II (Pars Prima Secundae) · Thomas, Aquinas, Saint · 1265–1273