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* Footnotes
- A.M. 2553.
*H If thou go out to war against thy enemies, and see horsemen and chariots, and the numbers of the enemy's army greater than thine, thou shalt not fear them: because the Lord thy God is with thee, who brought thee out of the land of Egypt.
Ver. 1. Egypt. Hence it appears that the doctrine of the Quakers, who condemn all wars, is contrary to that of God. If they were always essentially unlawful, He would never have authorized them. H.
*H And when the battle is now at hand, the priest shall stand before the army, and shall speak to the people in this manner:
Ver. 2. Priest. Eleazar, the high priest, acted in this capacity in the war against Madian, and sounded the trumpet, as it was not beneath his dignity. Many priests always attended the army, (C.) the captain of whom (H.) first made the declarations (v. 5. 6. 7,) to the whole army; and these were repeated by the inferior priests at the head of each company, when the army was set in array. So were also the promises of protection, (v. 3. 4,) when all were ready for battle. The Rabbins assert, that the option was granted only in those wars which were undertaken without the express command of God, and that officers were placed in the rear with hatchets or scythes, to cut the legs of those who attempted to flee. Grotius, &c. — But this seems to be an invention of their own, and Moses makes no distinction between voluntary wars and those of precept. These regulations were, no doubt, observed, though the sacred historians do not mention the particulars. C. See 1 Mac. iii. 56.
*H Hear, O Israel, you join battle this day against your enemies, let not your heart be dismayed, be not afraid, do not give back, fear ye them not:
Ver. 3. Back. Heb. "do not quake," (H.) or fall into disorder, hurry, &c.
* Summa
*S Part 2, Ques 100, Article 11
[I-II, Q. 100, Art. 11]
Whether It Is Right to Distinguish Other Moral Precepts of the Law Besides the Decalogue?
Objection 1: It would seem that it is wrong to distinguish other moral precepts of the law besides the decalogue. Because, as Our Lord declared (Matt. 22:40), "on these two commandments" of charity "dependeth the whole law and the prophets." But these two commandments are explained by the ten commandments of the decalogue. Therefore there is no need for other moral precepts.
Obj. 2: Further, the moral precepts are distinct from the judicial and ceremonial precepts, as stated above (Q. 99, AA. 3, 4). But the determinations of the general moral precepts belong to the judicial and ceremonial precepts: and the general moral precepts are contained in the decalogue, or are even presupposed to the decalogue, as stated above (A. 3). Therefore it was unsuitable to lay down other moral precepts besides the decalogue.
Obj. 3: Further, the moral precepts are about the acts of all the virtues, as stated above (A. 2). Therefore, as the Law contains, besides the decalogue, moral precepts pertaining to religion, liberality, mercy, and chastity; so there should have been added some precepts pertaining to the other virtues, for instance, fortitude, sobriety, and so forth. And yet such is not the case. It is therefore unbecoming to distinguish other moral precepts in the Law besides those of the decalogue.
_On the contrary,_ It is written (Ps. 18:8): "The law of the Lord is unspotted, converting souls." But man is preserved from the stain of sin, and his soul is converted to God by other moral precepts besides those of the decalogue. Therefore it was right for the Law to include other moral precepts.
_I answer that,_ As is evident from what has been stated (Q. 99, AA. 3, 4), the judicial and ceremonial precepts derive their force from their institution alone: since before they were instituted, it seemed of no consequence whether things were done in this or that way. But the moral precepts derive their efficacy from the very dictate of natural reason, even if they were never included in the Law. Now of these there are three grades: for some are most certain, and so evident as to need no promulgation; such as the commandments of the love of God and our neighbor, and others like these, as stated above (A. 3), which are, as it were, the ends of the commandments; wherefore no man can have an erroneous judgment about them. Some precepts are more detailed, the reason of which even an uneducated man can easily grasp; and yet they need to be promulgated, because human judgment, in a few instances, happens to be led astray concerning them: these are the precepts of the decalogue. Again, there are some precepts the reason of which is not so evident to everyone, but only the wise; these are moral precepts added to the decalogue, and given to the people by God through Moses and Aaron.
But since the things that are evident are the principles whereby we know those that are not evident, these other moral precepts added to the decalogue are reducible to the precepts of the decalogue, as so many corollaries. Thus the first commandment of the decalogue forbids the worship of strange gods: and to this are added other precepts forbidding things relating to worship of idols: thus it is written (Deut. 18:10, 11): "Neither let there be found among you anyone that shall expiate his son or daughter, making them to pass through the fire: . . . neither let there by any wizard nor charmer, nor anyone that consulteth pythonic spirits, or fortune-tellers, or that seeketh the truth from the dead." The second commandment forbids perjury. To this is added the prohibition of blasphemy (Lev. 24:15, seqq) and the prohibition of false doctrine (Deut. 13). To the third commandment are added all the ceremonial precepts. To the fourth commandment prescribing the honor due to parents, is added the precept about honoring the aged, according to Lev. 19:32: "Rise up before the hoary head, and honor the person of the aged man"; and likewise all the precepts prescribing the reverence to be observed towards our betters, or kindliness towards our equals or inferiors. To the fifth commandment, which forbids murder, is added the prohibition of hatred and of any kind of violence inflicted on our neighbor, according to Lev. 19:16: "Thou shalt not stand against the blood of thy neighbor": likewise the prohibition against hating one's brother (Lev. 19:17): "Thou shalt not hate thy brother in thy heart." To the sixth commandment which forbids adultery, is added the prohibition about whoredom, according to Deut. 23:17: "There shall be no whore among the daughters of Israel, nor whoremonger among the sons of Israel"; and the prohibition against unnatural sins, according to Lev. 28:22, 23: "Thou shalt not lie with mankind . . . thou shalt not copulate with any beast." To the seventh commandment which prohibits theft, is added the precept forbidding usury, according to Deut. 23:19: "Thou shalt not lend to thy brother money to usury"; and the prohibition against fraud, according to Deut. 25:13: "Thou shalt not have divers weights in thy bag"; and universally all prohibitions relating to peculations and larceny. To the eighth commandment, forbidding false testimony, is added the prohibition against false judgment, according to Ex. 23:2: "Neither shalt thou yield in judgment, to the opinion of the most part, to stray from the truth"; and the prohibition against lying (Ex. 23:7): "Thou shalt fly lying," and the prohibition against detraction, according to Lev. 19:16: "Thou shalt not be a detractor, nor a whisperer among the people." To the other two commandments no further precepts are added, because thereby are forbidden all kinds of evil desires.
Reply Obj. 1: The precepts of the decalogue are ordained to the love of God and our neighbor as pertaining evidently to our duty towards them; but the other precepts are so ordained as pertaining thereto less evidently.
Reply Obj. 2: It is in virtue of their institution that the ceremonial and judicial precepts are determinations of the precepts of the decalogue, not by reason of a natural instinct, as in the case of the superadded moral precepts.
Reply Obj. 3: The precepts of a law are ordained for the common good, as stated above (Q. 90, A. 2). And since those virtues which direct our conduct towards others pertain directly to the common good, as also does the virtue of chastity, in so far as the generative act conduces to the common good of the species; hence precepts bearing directly on these virtues are given, both in the decalogue and in addition thereto. As to the act of fortitude there are the order to be given by the commanders in the war, which is undertaken for the common good: as is clear from Deut. 20:3, where the priest is commanded (to speak thus): "Be not afraid, do not give back." In like manner the prohibition of acts of gluttony is left to paternal admonition, since it is contrary to the good of the household; hence it is said (Deut. 21:20) in the person of parents: "He slighteth hearing our admonitions, he giveth himself to revelling, and to debauchery and banquetings." ________________________
TWELFTH
*S Part 3, Ques 140, Article 1
[II-II, Q. 140, Art. 1]
Whether the Precepts of Fortitude Are Suitably Given in the Divine Law?
Objection 1: It seems that the precepts of fortitude are not suitably given in the Divine Law. For the New Law is more perfect than the Old Law. Yet the Old Law contains precepts of fortitude (Deut. 20). Therefore precepts of fortitude should have been given in the New Law also.
Obj. 2: Further, affirmative precepts are of greater import than negative precepts, since the affirmative include the negative, but not vice versa. Therefore it is unsuitable for the Divine Law to contain none but negative precepts in prohibition of fear.
Obj. 3: Further, fortitude is one of the principal virtues, as stated above (Q. 123, A. 2; I-II, Q. 61, A. 2). Now the precepts are directed to the virtues as to their end: wherefore they should be proportionate to them. Therefore the precepts of fortitude should have been placed among the precepts of the decalogue, which are the chief precepts of the Law.
_On the contrary,_ stands Holy Writ which contains these precepts.
_I answer that,_ Precepts of law are directed to the end intended by the lawgiver. Wherefore precepts of law must needs be framed in various ways according to the various ends intended by lawgivers, so that even in human affairs there are laws of democracies, others of kingdoms, and others again of tyrannical governments. Now the end of the Divine Law is that man may adhere to God: wherefore the Divine Law contains precepts both of fortitude and of the other virtues, with a view to directing the mind to God. For this reason it is written (Deut. 20:3, 4): "Fear ye them not: because the Lord your God is in the midst of you, and will fight for you against your enemies."
As to human laws, they are directed to certain earthly goods, and among them we find precepts of fortitude according to the requirements of those goods.
Reply Obj. 1: The Old Testament contained temporal promises, while the promises of the New Testament are spiritual and eternal, according to Augustine (Contra Faust. iv). Hence in the Old Law there was need for the people to be taught how to fight, even in a bodily contest, in order to obtain an earthly possession. But in the New Testament men were to be taught how to come to the possession of eternal life by fighting spiritually, according to Matt. 11:12, "The kingdom of heaven suffereth violence, and the violent bear it away." Hence Peter commands (1 Pet. 5:8, 9): "Your adversary the devil, as a roaring lion, goeth about, seeking whom he may devour: whom resist ye, strong in faith," as also James 4:7: "Resist the devil, and he will fly from you." Since, however, men while tending to spiritual goods may be withdrawn from them by corporal dangers, precepts of fortitude had to be given even in the New Law, that they might bravely endure temporal evils, according to Matt. 10:28, "Fear ye not them that kill the body."
Reply Obj. 2: The law gives general directions in its precepts. But the things that have to be done in cases of danger are not, like the things to be avoided, reducible to some common thing. Hence the precepts of fortitude are negative rather than affirmative.
Reply Obj. 3: As stated above (Q. 122, A. 1), the precepts of the decalogue are placed in the Law, as first principles, which need to be known to all from the outset. Wherefore the precepts of the decalogue had to be chiefly about those acts of justice in which the notion of duty is manifest, and not about acts of fortitude, because it is not so evident that it is a duty for a person not to fear dangers of death. _______________________
SECOND
*H Because the Lord your God is in the midst of you, and will fight for you against your enemies, to deliver you from danger.
Ver. 4. God. All must be done in his name, by the direction of his ministers. The Jews pretend that the ark was carried, in the midst of the army. But this does not seem to have been generally the case. C. — Of you. "We must co-operate, being assisted" by God, as S. Aug. (q. 30,) observes, in our spiritual conflicts. D.
* Footnotes
-
*
1_Machabees
3:56
And he said to them that were building houses, or had betrothed wives, or were planting vineyards, or were fearful, that they should return every man to his house, according to the law.
*H And the captains shall proclaim through every band in the hearing of the army: What man is there, that hath built a new house, and hath not dedicated it? let him go and return to his house, lest he die in the battle, and another man dedicate it.
Ver. 5. Captains. Heb. "shoterim, (Sept. grammateis,) shall proclaim to the people." Whether these were the chief officers, or only heralds, does not appear. C. — They were probably the priests attached to the army, v. 2. See C. i. 15. H. — Dedicate it. Heb. "begin to use it," on which occasion a feast was made. Jans. — Ps. xxix. seems to have been intended for such a solemnity. At the dedication of the walls of Jerusalem, great rejoicings were made, 2 Esd. xii. 27. Josephus and the Rabbins allow a whole year for the occupation of the house, before the builder or new owner, could be obliged to go to war, in like manner as that term is specified for a person who had lately married a wife. C. xxiv.5. The ancient Greeks deemed it a great misfortune to leave a house unfinished and a new wife desolate, which was the case of Protesilaus. Homer, Il. i.
* Summa
*S Part 2, Ques 105, Article 3
[I-II, Q. 105, Art. 3]
Whether the Judicial Precepts Regarding Foreigners Were Framed in a Suitable Manner?
Objection 1: It would seem that the judicial precepts regarding foreigners were not suitably framed. For Peter said (Acts 10:34, 35): "In very deed I perceive that God is not a respecter of persons, but in every nation, he that feareth Him and worketh justice is acceptable to Him." But those who are acceptable to God should not be excluded from the Church of God. Therefore it is unsuitably commanded (Deut. 23:3) that "the Ammonite and the Moabite, even after the tenth generation, shall not enter into the church of the Lord for ever": whereas, on the other hand, it is prescribed (Deut. 23:7) to be observed with regard to certain other nations: "Thou shalt not abhor the Edomite, because he is thy brother; nor the Egyptian because thou wast a stranger in his land."
Obj. 2: Further, we do not deserve to be punished for those things which are not in our power. But it is not in man's power to be an eunuch, or born of a prostitute. Therefore it is unsuitably commanded (Deut. 23:1, 2) that "an eunuch and one born of a prostitute shalt not enter into the church of the Lord."
Obj. 3: Further, the Old Law mercifully forbade strangers to be molested: for it is written (Ex. 22:21): "Thou shalt not molest a stranger, nor afflict him; for yourselves also were strangers in the land of Egypt": and (Ex. 23:9): "Thou shalt not molest a stranger, for you know the hearts of strangers, for you also were strangers in the land of Egypt." But it is an affliction to be burdened with usury. Therefore the Law unsuitably permitted them (Deut. 23:19, 20) to lend money to the stranger for usury.
Obj. 4: Further, men are much more akin to us than trees. But we should show greater care and love for those things that are nearest to us, according to Ecclus. 13:19: "Every beast loveth its like: so also every man him that is nearest to himself." Therefore the Lord unsuitably commanded (Deut. 20:13-19) that all the inhabitants of a captured hostile city were to be slain, but that the fruit-trees should not be cut down.
Obj. 5: Further, every one should prefer the common good of virtue to the good of the individual. But the common good is sought in a war which men fight against their enemies. Therefore it is unsuitably commanded (Deut. 20:5-7) that certain men should be sent home, for instance a man that had built a new house, or who had planted a vineyard, or who had married a wife.
Obj. 6: Further, no man should profit by his own fault. But it is a man's fault if he be timid or faint-hearted: since this is contrary to the virtue of fortitude. Therefore the timid and faint-hearted are unfittingly excused from the toil of battle (Deut. 20:8).
_On the contrary,_ Divine Wisdom declares (Prov. 8:8): "All my words are just, there is nothing wicked nor perverse in them."
_I answer that,_ Man's relations with foreigners are twofold: peaceful, and hostile: and in directing both kinds of relation the Law contained suitable precepts. For the Jews were offered three opportunities of peaceful relations with foreigners. First, when foreigners passed through their land as travelers. Secondly, when they came to dwell in their land as newcomers. And in both these respects the Law made kind provision in its precepts: for it is written (Ex. 22:21): "Thou shalt not molest a stranger (_advenam_)"; and again (Ex. 22:9): "Thou shalt not molest a stranger (_peregrino_)." Thirdly, when any foreigners wished to be admitted entirely to their fellowship and mode of worship. With regard to these a certain order was observed. For they were not at once admitted to citizenship: just as it was law with some nations that no one was deemed a citizen except after two or three generations, as the Philosopher says (Polit. iii, 1). The reason for this was that if foreigners were allowed to meddle with the affairs of a nation as soon as they settled down in its midst, many dangers might occur, since the foreigners not yet having the common good firmly at heart might attempt something hurtful to the people. Hence it was that the Law prescribed in respect of certain nations that had close relations with the Jews (viz., the Egyptians among whom they were born and educated, and the Idumeans, the children of Esau, Jacob's brother), that they should be admitted to the fellowship of the people after the third generation; whereas others (with whom their relations had been hostile, such as the Ammonites and Moabites) were never to be admitted to citizenship; while the Amalekites, who were yet more hostile to them, and had no fellowship of kindred with them, were to be held as foes in perpetuity: for it is written (Ex. 17:16): "The war of the Lord shall be against Amalec from generation to generation."
In like manner with regard to hostile relations with foreigners, the Law contained suitable precepts. For, in the first place, it commanded that war should be declared for a just cause: thus it is commanded (Deut. 20:10) that when they advanced to besiege a city, they should at first make an offer of peace. Secondly, it enjoined that when once they had entered on a war they should undauntedly persevere in it, putting their trust in God. And in order that they might be the more heedful of this command, it ordered that on the approach of battle the priest should hearten them by promising them God's aid. Thirdly, it prescribed the removal of whatever might prove an obstacle to the fight, and that certain men, who might be in the way, should be sent home. Fourthly, it enjoined that they should use moderation in pursuing the advantage of victory, by sparing women and children, and by not cutting down fruit-trees of that country.
Reply Obj. 1: The Law excluded the men of no nation from the worship of God and from things pertaining to the welfare of the soul: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord; all his males shall first be circumcised, and then shall he celebrate it according to the manner, and he shall be as that which is born in the land." But in temporal matters concerning the public life of the people, admission was not granted to everyone at once, for the reason given above: but to some, i.e. the Egyptians and Idumeans, in the third generation; while others were excluded in perpetuity, in detestation of their past offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one man is punished for a sin committed by him, in order that others seeing this may be deterred and refrain from sinning; so too may one nation or city be punished for a crime, that others may refrain from similar crimes.
Nevertheless it was possible by dispensation for a man to be admitted to citizenship on account of some act of virtue: thus it is related (Judith 14:6) that Achior, the captain of the children of Ammon, "was joined to the people of Israel, with all the succession of his kindred." The same applies to Ruth the Moabite who was "a virtuous woman" (Ruth 3:11): although it may be said that this prohibition regarded men and not women, who are not competent to be citizens absolutely speaking.
Reply Obj. 2: As the Philosopher says (Polit. iii, 3), a man is said to be a citizen in two ways: first, simply; secondly, in a restricted sense. A man is a citizen simply if he has all the rights of citizenship, for instance, the right of debating or voting in the popular assembly. On the other hand, any man may be called citizen, only in a restricted sense, if he dwells within the state, even common people or children or old men, who are not fit to enjoy power in matters pertaining to the common weal. For this reason bastards, by reason of their base origin, were excluded from the _ecclesia,_ 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 Philosopher remarks (Polit. ii, 6). Nevertheless, in matters pertaining to the grace of God, eunuchs were not discriminated from others, as neither were strangers, as already stated: for it is written (Isa. 56:3): "Let not the son of the stranger that adhereth to the Lord speak, saying: The Lord will divide and separate me from His people. And let not the eunuch say: Behold I am a dry tree."
Reply Obj. 3: It was not the intention of the Law to sanction the acceptance of usury from strangers, but only to tolerate it on account of the proneness of the Jews to avarice; and in order to promote an amicable feeling towards those out of whom they made a profit.
Reply Obj. 4: A distinction was observed with regard to hostile cities. For some of them were far distant, and were not among those which had been promised to them. When they had taken these cities, they killed all the men who had fought against God's people; whereas the women and children were spared. But in the neighboring cities which had been promised to them, all were ordered to be slain, on account of their former crimes, to punish which God sent the Israelites as executor of Divine justice: for it is written (Deut. 9:5) "because they have done wickedly, they are destroyed at thy coming in." The fruit-trees were commanded to be left untouched, for the use of the people themselves, to whom the city with its territory was destined to be subjected.
Reply Obj. 5: The builder of a new house, the planter of a vineyard, the newly married husband, were excluded from fighting, for two reasons. First, because man is wont to give all his affection to those things which he has lately acquired, or is on the point of having, and consequently he is apt to dread the loss of these above other things. Wherefore it was likely enough that on account of this affection they would fear death all the more, and be so much the less brave in battle. Secondly, because, as the Philosopher says (Phys. ii, 5), "it is a misfortune for a man if he is prevented from obtaining something good when it is within his grasp." And so lest the surviving relations should be the more grieved at the death of these men who had not entered into the possession of the good things prepared for them; and also lest the people should be horror-stricken at the sight of their misfortune: these men were taken away from the danger of death by being removed from the battle.
Reply Obj. 6: The timid were sent back home, not that they might be the gainers thereby; but lest the people might be the losers by their presence, since their timidity and flight might cause others to be afraid and run away. ________________________
FOURTH
*H What man is there, that hath planted a vineyard, and hath not as yet made it to be common, whereof all men may eat? let him go, and return to his house, lest he die in the battle, and another man execute his office.
Ver. 6. Common. Heb. "hath not profaned it." M. — During the three first years, the fruit was not eaten. In the fourth it was sacred to the Lord, and given to the priests, so that the owner could not partake of the fruit till the fifth year, when it ceased to be in a manner sacred. Jonathan translates, "and has not redeemed it," by paying the first-fruits of the fifth year. Sept. "has not rejoiced in it," by feasting, as was probably the custom at the first vintage. Other fruit-trees entitled the owner to the like privilege. Schikard. Jus. reg. 5. — Whereof all may eat, is added by the Vulg. to explain what is meant by common. C.
*H What man is there, that hath espoused a wife, and not taken her? let him go, and return to his house, lest he die in the war, and another man take her.
Ver. 7. Taken her. It was customary to leave the espoused virgin in her father's house for the space of a year, (during which time, if she proved unfaithful, she was punished like an adulteress. C. xxi.[xxii.?] 23, &c.) and she could not be given till she was 12 years old. If she were 13 complete, when she was asked in marriage, she was only obliged to wait 30 days. Seld. Uxor. ii. 1. C. xxv. 5. Philo allows this immunity from war, only to those who had espoused a virgin. They were also freed from paying taxes, mending roads, &c. C. xxix. 5. C. — Those who are entangled with worldly cares, are apt to discourage the valiant, and to dissuade fighting, for fear of losing these advantages: much more are those in danger who have to fight for a heavenly kingdom, if they be too much attached to the things of the earth. W. H. — "That man who is enslaved to his wife, cannot serve in the warfare of the Lord." S. Jer. c. Jov. i.
* Footnotes
-
*
Judges
7:3
Speak to the people, and proclaim in the hearing of all: Whosoever is fearful and timorous, let him return. So two and twenty thousand men went away from Mount Galaad and returned home, and only ten thousand remained.
*H After these things are declared they shall add the rest, and shall speak to the people: What man is there that is fearful, and faint hearted? let him go, and return to his house, lest he make the hearts of his brethren to fear, as he himself is possessed with fear.
Ver. 8. Fear. Such often occasion the loss of battles. Alexander sent away all who had not courage to follow him in his expeditions. Curt. x. The Rabbins condemn these faint-hearted soldiers to carry water, &c. for the army, to prepare the roads and places for encampments. C. — But this seems contrary to the intention of the lawgiver, who sends them back to their houses.
* Summa
*S Part 2, Ques 105, Article 3
[I-II, Q. 105, Art. 3]
Whether the Judicial Precepts Regarding Foreigners Were Framed in a Suitable Manner?
Objection 1: It would seem that the judicial precepts regarding foreigners were not suitably framed. For Peter said (Acts 10:34, 35): "In very deed I perceive that God is not a respecter of persons, but in every nation, he that feareth Him and worketh justice is acceptable to Him." But those who are acceptable to God should not be excluded from the Church of God. Therefore it is unsuitably commanded (Deut. 23:3) that "the Ammonite and the Moabite, even after the tenth generation, shall not enter into the church of the Lord for ever": whereas, on the other hand, it is prescribed (Deut. 23:7) to be observed with regard to certain other nations: "Thou shalt not abhor the Edomite, because he is thy brother; nor the Egyptian because thou wast a stranger in his land."
Obj. 2: Further, we do not deserve to be punished for those things which are not in our power. But it is not in man's power to be an eunuch, or born of a prostitute. Therefore it is unsuitably commanded (Deut. 23:1, 2) that "an eunuch and one born of a prostitute shalt not enter into the church of the Lord."
Obj. 3: Further, the Old Law mercifully forbade strangers to be molested: for it is written (Ex. 22:21): "Thou shalt not molest a stranger, nor afflict him; for yourselves also were strangers in the land of Egypt": and (Ex. 23:9): "Thou shalt not molest a stranger, for you know the hearts of strangers, for you also were strangers in the land of Egypt." But it is an affliction to be burdened with usury. Therefore the Law unsuitably permitted them (Deut. 23:19, 20) to lend money to the stranger for usury.
Obj. 4: Further, men are much more akin to us than trees. But we should show greater care and love for those things that are nearest to us, according to Ecclus. 13:19: "Every beast loveth its like: so also every man him that is nearest to himself." Therefore the Lord unsuitably commanded (Deut. 20:13-19) that all the inhabitants of a captured hostile city were to be slain, but that the fruit-trees should not be cut down.
Obj. 5: Further, every one should prefer the common good of virtue to the good of the individual. But the common good is sought in a war which men fight against their enemies. Therefore it is unsuitably commanded (Deut. 20:5-7) that certain men should be sent home, for instance a man that had built a new house, or who had planted a vineyard, or who had married a wife.
Obj. 6: Further, no man should profit by his own fault. But it is a man's fault if he be timid or faint-hearted: since this is contrary to the virtue of fortitude. Therefore the timid and faint-hearted are unfittingly excused from the toil of battle (Deut. 20:8).
_On the contrary,_ Divine Wisdom declares (Prov. 8:8): "All my words are just, there is nothing wicked nor perverse in them."
_I answer that,_ Man's relations with foreigners are twofold: peaceful, and hostile: and in directing both kinds of relation the Law contained suitable precepts. For the Jews were offered three opportunities of peaceful relations with foreigners. First, when foreigners passed through their land as travelers. Secondly, when they came to dwell in their land as newcomers. And in both these respects the Law made kind provision in its precepts: for it is written (Ex. 22:21): "Thou shalt not molest a stranger (_advenam_)"; and again (Ex. 22:9): "Thou shalt not molest a stranger (_peregrino_)." Thirdly, when any foreigners wished to be admitted entirely to their fellowship and mode of worship. With regard to these a certain order was observed. For they were not at once admitted to citizenship: just as it was law with some nations that no one was deemed a citizen except after two or three generations, as the Philosopher says (Polit. iii, 1). The reason for this was that if foreigners were allowed to meddle with the affairs of a nation as soon as they settled down in its midst, many dangers might occur, since the foreigners not yet having the common good firmly at heart might attempt something hurtful to the people. Hence it was that the Law prescribed in respect of certain nations that had close relations with the Jews (viz., the Egyptians among whom they were born and educated, and the Idumeans, the children of Esau, Jacob's brother), that they should be admitted to the fellowship of the people after the third generation; whereas others (with whom their relations had been hostile, such as the Ammonites and Moabites) were never to be admitted to citizenship; while the Amalekites, who were yet more hostile to them, and had no fellowship of kindred with them, were to be held as foes in perpetuity: for it is written (Ex. 17:16): "The war of the Lord shall be against Amalec from generation to generation."
In like manner with regard to hostile relations with foreigners, the Law contained suitable precepts. For, in the first place, it commanded that war should be declared for a just cause: thus it is commanded (Deut. 20:10) that when they advanced to besiege a city, they should at first make an offer of peace. Secondly, it enjoined that when once they had entered on a war they should undauntedly persevere in it, putting their trust in God. And in order that they might be the more heedful of this command, it ordered that on the approach of battle the priest should hearten them by promising them God's aid. Thirdly, it prescribed the removal of whatever might prove an obstacle to the fight, and that certain men, who might be in the way, should be sent home. Fourthly, it enjoined that they should use moderation in pursuing the advantage of victory, by sparing women and children, and by not cutting down fruit-trees of that country.
Reply Obj. 1: The Law excluded the men of no nation from the worship of God and from things pertaining to the welfare of the soul: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord; all his males shall first be circumcised, and then shall he celebrate it according to the manner, and he shall be as that which is born in the land." But in temporal matters concerning the public life of the people, admission was not granted to everyone at once, for the reason given above: but to some, i.e. the Egyptians and Idumeans, in the third generation; while others were excluded in perpetuity, in detestation of their past offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one man is punished for a sin committed by him, in order that others seeing this may be deterred and refrain from sinning; so too may one nation or city be punished for a crime, that others may refrain from similar crimes.
Nevertheless it was possible by dispensation for a man to be admitted to citizenship on account of some act of virtue: thus it is related (Judith 14:6) that Achior, the captain of the children of Ammon, "was joined to the people of Israel, with all the succession of his kindred." The same applies to Ruth the Moabite who was "a virtuous woman" (Ruth 3:11): although it may be said that this prohibition regarded men and not women, who are not competent to be citizens absolutely speaking.
Reply Obj. 2: As the Philosopher says (Polit. iii, 3), a man is said to be a citizen in two ways: first, simply; secondly, in a restricted sense. A man is a citizen simply if he has all the rights of citizenship, for instance, the right of debating or voting in the popular assembly. On the other hand, any man may be called citizen, only in a restricted sense, if he dwells within the state, even common people or children or old men, who are not fit to enjoy power in matters pertaining to the common weal. For this reason bastards, by reason of their base origin, were excluded from the _ecclesia,_ 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 Philosopher remarks (Polit. ii, 6). Nevertheless, in matters pertaining to the grace of God, eunuchs were not discriminated from others, as neither were strangers, as already stated: for it is written (Isa. 56:3): "Let not the son of the stranger that adhereth to the Lord speak, saying: The Lord will divide and separate me from His people. And let not the eunuch say: Behold I am a dry tree."
Reply Obj. 3: It was not the intention of the Law to sanction the acceptance of usury from strangers, but only to tolerate it on account of the proneness of the Jews to avarice; and in order to promote an amicable feeling towards those out of whom they made a profit.
Reply Obj. 4: A distinction was observed with regard to hostile cities. For some of them were far distant, and were not among those which had been promised to them. When they had taken these cities, they killed all the men who had fought against God's people; whereas the women and children were spared. But in the neighboring cities which had been promised to them, all were ordered to be slain, on account of their former crimes, to punish which God sent the Israelites as executor of Divine justice: for it is written (Deut. 9:5) "because they have done wickedly, they are destroyed at thy coming in." The fruit-trees were commanded to be left untouched, for the use of the people themselves, to whom the city with its territory was destined to be subjected.
Reply Obj. 5: The builder of a new house, the planter of a vineyard, the newly married husband, were excluded from fighting, for two reasons. First, because man is wont to give all his affection to those things which he has lately acquired, or is on the point of having, and consequently he is apt to dread the loss of these above other things. Wherefore it was likely enough that on account of this affection they would fear death all the more, and be so much the less brave in battle. Secondly, because, as the Philosopher says (Phys. ii, 5), "it is a misfortune for a man if he is prevented from obtaining something good when it is within his grasp." And so lest the surviving relations should be the more grieved at the death of these men who had not entered into the possession of the good things prepared for them; and also lest the people should be horror-stricken at the sight of their misfortune: these men were taken away from the danger of death by being removed from the battle.
Reply Obj. 6: The timid were sent back home, not that they might be the gainers thereby; but lest the people might be the losers by their presence, since their timidity and flight might cause others to be afraid and run away. ________________________
FOURTH
*S Part 3, Ques 125, Article 3
[II-II, Q. 125, Art. 3]
Whether Fear Is a Mortal Sin?
Objection 1: It seems that fear is not a mortal sin. For, as stated above (I-II, Q. 23, A. 1), fear is in the irascible faculty which is a part of the sensuality. Now there is none but venial sin in the sensuality, as stated above (I-II, Q. 74, A. 4). Therefore fear is not a mortal sin.
Obj. 2: Further, every mortal sin turns the heart wholly from God. But fear does not this, for a gloss on Judges 7:3, "Whosoever is fearful," etc., says that "a man is fearful when he trembles at the very thought of conflict; yet he is not so wholly terrified at heart, but that he can rally and take courage." Therefore fear is not a mortal sin.
Obj. 3: Further, mortal sin is a lapse not only from perfection but also from a precept. But fear does not make one lapse from a precept, but only from perfection; for a gloss on Deut. 20:8, "What man is there that is fearful and fainthearted?" says: "We learn from this that no man can take up the profession of contemplation or spiritual warfare, if he still fears to be despoiled of earthly riches." Therefore fear is not a mortal sin.
_On the contrary,_ For mortal sin alone is the pain of hell due: and yet this is due to the fearful, according to Apoc. 21:8, "But the fearful and unbelieving and the abominable," etc., "shall have their portion in the pool burning with fire and brimstone which is the second death." Therefore fear is a mortal sin.
_I answer that,_ As stated above (A. 1), fear is a sin through being inordinate, that is to say, through shunning what ought not to be shunned according to reason. Now sometimes this inordinateness of fear is confined to the sensitive appetites, without the accession of the rational appetite's consent: and then it cannot be a mortal, but only a venial sin. But sometimes this inordinateness of fear reaches to the rational appetite which is called the will, which deliberately shuns something against the dictate of reason: and this inordinateness of fear is sometimes a mortal, sometimes a venial sin. For if a man through fear of the danger of death or of any other temporal evil is so disposed as to do what is forbidden, or to omit what is commanded by the Divine law, such fear is a mortal sin: otherwise it is a venial sin.
Reply Obj. 1: This argument considers fear as confined to the sensuality.
Reply Obj. 2: This gloss also can be understood as referring to the fear that is confined within the sensuality. Or better still we may reply that a man is terrified with his whole heart when fear banishes his courage beyond remedy. Now even when fear is a mortal sin, it may happen nevertheless that one is not so wilfully terrified that one cannot be persuaded to put fear aside: thus sometimes a man sins mortally by consenting to concupiscence, and is turned aside from accomplishing what he purposed doing.
Reply Obj. 3: This gloss speaks of the fear that turns man aside from a good that is necessary, not for the fulfilment of a precept, but for the perfection of a counsel. Such like fear is not a mortal sin, but is sometimes venial: and sometimes it is not a sin, for instance when one has a reasonable cause for fear. _______________________
FOURTH
*H And when the captains of the army shall hold their peace, and have made an end of speaking, every man shall prepare their bands to fight.
Ver. 9. Man. Heb. and Sept. "when the officers have made an end of speaking to the people, they shall appoint captains of the armies to lead forth the people." H. — It seems rather late to have this to do, when the battle was ready to commence, unless perhaps the whole was arranged in a general assembly, when no one was at the head of the people, (C.) as was sometimes the case in the days of the judges. H. — Heb. of the Massorets implies, "The princes of the army shall make a review (or take down the numbers) at the head of the people."
*H If at any time thou come to fight against a city, thou shalt first offer it peace.
Ver. 10. Peace. Interpreters are not agreed whether this law was general, and included the nations whom God had ordered the Hebrews to exterminate, or not. They were nothing but the executioners of his decree. They were commanded not to marry any of their daughters, but to put all to fire and sword. Ex. xxxiv. 15. 16. The cities which were not assigned to them for a possession, were to be treated in a different manner; (v. 15,) and hence the Gabaonites, being convinced that they were comprised in the number of the devoted cities, pretended that they came from a great distance. Josue (ix. 4. 7,) and the heads of the people, acknowledge that they could not make a league with those nations whose lands they were to possess. Yet the Gemarra of Jerusalem asserts, that Josue proposed to the Chanaanites, "flight, peace, or war." The Gergesites hereupon fled into Africa, the Gabaonites accepted peace, and 31 kings declared for war. Seld. Jur. vi. 13. — Maimonides and Grotius (Jur. ii. 13,) maintain, that no war can be lawful, unless an offer of peace be made. The latter undertakes to prove, that the commands respecting the Chanaanites were conditional, and presupposed that they would not yield to the terms which were offered. Hence Rahab was saved, the league with the Gabaonites was kept, even after it was known who they really were. Solomon, who conquered some of the surviving Chanaanites, did not think himself bound to destroy them, 3 K. ix. 2. 2 Par. viii. 7. The reason why they seem to be consigned to death without pity, is because God foresaw their evil disposition, as Josue (xi. 20,) insinuates, and the Israelites under his eye gave quarter to some Chanaanites. "War, says S. Aug. (ep. 189. ad Bonif.) is waged only that peace may be obtained." But these arguments do not seem so convincing, as to take away the opposition which God has established between these devoted nations and others, v. 15. What he commands cannot be unjust, and the army only executes his sentence. S. Aug. in Jos. q. 10. Grotius allows that he foresaw the obstinacy of the Chanaanites, so that it would have been useless to offer them any terms; and in effect, we find no vestiges of any being offered in the books of Moses or of Josue. C. — Yet see C. xxi. 10. H. — The Israelites might have many reasons for going to war either with their brethren, or with foreign nations, as to punish a heinous crime, a rebellion, &c. (see Judg. xx. 2 K. x. 4. and xx. 15,) on which occasions they were bound to offer terms. C. — "A wise man ought to try every expedient before he takes up arms." Terence.
* Summa
*S Part 2, Ques 105, Article 3
[I-II, Q. 105, Art. 3]
Whether the Judicial Precepts Regarding Foreigners Were Framed in a Suitable Manner?
Objection 1: It would seem that the judicial precepts regarding foreigners were not suitably framed. For Peter said (Acts 10:34, 35): "In very deed I perceive that God is not a respecter of persons, but in every nation, he that feareth Him and worketh justice is acceptable to Him." But those who are acceptable to God should not be excluded from the Church of God. Therefore it is unsuitably commanded (Deut. 23:3) that "the Ammonite and the Moabite, even after the tenth generation, shall not enter into the church of the Lord for ever": whereas, on the other hand, it is prescribed (Deut. 23:7) to be observed with regard to certain other nations: "Thou shalt not abhor the Edomite, because he is thy brother; nor the Egyptian because thou wast a stranger in his land."
Obj. 2: Further, we do not deserve to be punished for those things which are not in our power. But it is not in man's power to be an eunuch, or born of a prostitute. Therefore it is unsuitably commanded (Deut. 23:1, 2) that "an eunuch and one born of a prostitute shalt not enter into the church of the Lord."
Obj. 3: Further, the Old Law mercifully forbade strangers to be molested: for it is written (Ex. 22:21): "Thou shalt not molest a stranger, nor afflict him; for yourselves also were strangers in the land of Egypt": and (Ex. 23:9): "Thou shalt not molest a stranger, for you know the hearts of strangers, for you also were strangers in the land of Egypt." But it is an affliction to be burdened with usury. Therefore the Law unsuitably permitted them (Deut. 23:19, 20) to lend money to the stranger for usury.
Obj. 4: Further, men are much more akin to us than trees. But we should show greater care and love for those things that are nearest to us, according to Ecclus. 13:19: "Every beast loveth its like: so also every man him that is nearest to himself." Therefore the Lord unsuitably commanded (Deut. 20:13-19) that all the inhabitants of a captured hostile city were to be slain, but that the fruit-trees should not be cut down.
Obj. 5: Further, every one should prefer the common good of virtue to the good of the individual. But the common good is sought in a war which men fight against their enemies. Therefore it is unsuitably commanded (Deut. 20:5-7) that certain men should be sent home, for instance a man that had built a new house, or who had planted a vineyard, or who had married a wife.
Obj. 6: Further, no man should profit by his own fault. But it is a man's fault if he be timid or faint-hearted: since this is contrary to the virtue of fortitude. Therefore the timid and faint-hearted are unfittingly excused from the toil of battle (Deut. 20:8).
_On the contrary,_ Divine Wisdom declares (Prov. 8:8): "All my words are just, there is nothing wicked nor perverse in them."
_I answer that,_ Man's relations with foreigners are twofold: peaceful, and hostile: and in directing both kinds of relation the Law contained suitable precepts. For the Jews were offered three opportunities of peaceful relations with foreigners. First, when foreigners passed through their land as travelers. Secondly, when they came to dwell in their land as newcomers. And in both these respects the Law made kind provision in its precepts: for it is written (Ex. 22:21): "Thou shalt not molest a stranger (_advenam_)"; and again (Ex. 22:9): "Thou shalt not molest a stranger (_peregrino_)." Thirdly, when any foreigners wished to be admitted entirely to their fellowship and mode of worship. With regard to these a certain order was observed. For they were not at once admitted to citizenship: just as it was law with some nations that no one was deemed a citizen except after two or three generations, as the Philosopher says (Polit. iii, 1). The reason for this was that if foreigners were allowed to meddle with the affairs of a nation as soon as they settled down in its midst, many dangers might occur, since the foreigners not yet having the common good firmly at heart might attempt something hurtful to the people. Hence it was that the Law prescribed in respect of certain nations that had close relations with the Jews (viz., the Egyptians among whom they were born and educated, and the Idumeans, the children of Esau, Jacob's brother), that they should be admitted to the fellowship of the people after the third generation; whereas others (with whom their relations had been hostile, such as the Ammonites and Moabites) were never to be admitted to citizenship; while the Amalekites, who were yet more hostile to them, and had no fellowship of kindred with them, were to be held as foes in perpetuity: for it is written (Ex. 17:16): "The war of the Lord shall be against Amalec from generation to generation."
In like manner with regard to hostile relations with foreigners, the Law contained suitable precepts. For, in the first place, it commanded that war should be declared for a just cause: thus it is commanded (Deut. 20:10) that when they advanced to besiege a city, they should at first make an offer of peace. Secondly, it enjoined that when once they had entered on a war they should undauntedly persevere in it, putting their trust in God. And in order that they might be the more heedful of this command, it ordered that on the approach of battle the priest should hearten them by promising them God's aid. Thirdly, it prescribed the removal of whatever might prove an obstacle to the fight, and that certain men, who might be in the way, should be sent home. Fourthly, it enjoined that they should use moderation in pursuing the advantage of victory, by sparing women and children, and by not cutting down fruit-trees of that country.
Reply Obj. 1: The Law excluded the men of no nation from the worship of God and from things pertaining to the welfare of the soul: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord; all his males shall first be circumcised, and then shall he celebrate it according to the manner, and he shall be as that which is born in the land." But in temporal matters concerning the public life of the people, admission was not granted to everyone at once, for the reason given above: but to some, i.e. the Egyptians and Idumeans, in the third generation; while others were excluded in perpetuity, in detestation of their past offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one man is punished for a sin committed by him, in order that others seeing this may be deterred and refrain from sinning; so too may one nation or city be punished for a crime, that others may refrain from similar crimes.
Nevertheless it was possible by dispensation for a man to be admitted to citizenship on account of some act of virtue: thus it is related (Judith 14:6) that Achior, the captain of the children of Ammon, "was joined to the people of Israel, with all the succession of his kindred." The same applies to Ruth the Moabite who was "a virtuous woman" (Ruth 3:11): although it may be said that this prohibition regarded men and not women, who are not competent to be citizens absolutely speaking.
Reply Obj. 2: As the Philosopher says (Polit. iii, 3), a man is said to be a citizen in two ways: first, simply; secondly, in a restricted sense. A man is a citizen simply if he has all the rights of citizenship, for instance, the right of debating or voting in the popular assembly. On the other hand, any man may be called citizen, only in a restricted sense, if he dwells within the state, even common people or children or old men, who are not fit to enjoy power in matters pertaining to the common weal. For this reason bastards, by reason of their base origin, were excluded from the _ecclesia,_ 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 Philosopher remarks (Polit. ii, 6). Nevertheless, in matters pertaining to the grace of God, eunuchs were not discriminated from others, as neither were strangers, as already stated: for it is written (Isa. 56:3): "Let not the son of the stranger that adhereth to the Lord speak, saying: The Lord will divide and separate me from His people. And let not the eunuch say: Behold I am a dry tree."
Reply Obj. 3: It was not the intention of the Law to sanction the acceptance of usury from strangers, but only to tolerate it on account of the proneness of the Jews to avarice; and in order to promote an amicable feeling towards those out of whom they made a profit.
Reply Obj. 4: A distinction was observed with regard to hostile cities. For some of them were far distant, and were not among those which had been promised to them. When they had taken these cities, they killed all the men who had fought against God's people; whereas the women and children were spared. But in the neighboring cities which had been promised to them, all were ordered to be slain, on account of their former crimes, to punish which God sent the Israelites as executor of Divine justice: for it is written (Deut. 9:5) "because they have done wickedly, they are destroyed at thy coming in." The fruit-trees were commanded to be left untouched, for the use of the people themselves, to whom the city with its territory was destined to be subjected.
Reply Obj. 5: The builder of a new house, the planter of a vineyard, the newly married husband, were excluded from fighting, for two reasons. First, because man is wont to give all his affection to those things which he has lately acquired, or is on the point of having, and consequently he is apt to dread the loss of these above other things. Wherefore it was likely enough that on account of this affection they would fear death all the more, and be so much the less brave in battle. Secondly, because, as the Philosopher says (Phys. ii, 5), "it is a misfortune for a man if he is prevented from obtaining something good when it is within his grasp." And so lest the surviving relations should be the more grieved at the death of these men who had not entered into the possession of the good things prepared for them; and also lest the people should be horror-stricken at the sight of their misfortune: these men were taken away from the danger of death by being removed from the battle.
Reply Obj. 6: The timid were sent back home, not that they might be the gainers thereby; but lest the people might be the losers by their presence, since their timidity and flight might cause others to be afraid and run away. ________________________
FOURTH
*H If they receive it, and open the gates to thee, all the people that are therein, shall be saved, and shall serve thee paying tribute.
Ver. 11. Tribute. This was usually imposed by the victor, to defray the expenses of the war, and to prevent its breaking out again. The kings of Moab had to pay 100,000 rams, and as many sheep, to the kings of Juda, 4 K. iii. 4. Hiram gave 120 talents of gold to Solomon, by way of tribute, 3 K. ix. 15. Josue and Solomon condemned some of the Chanaanites to manual labour, 2 Par. viii. 8.
*H But if they will not make peace, and shall begin war against thee, thou shalt besiege it.
Ver. 12. Besiege it. The Rabbins assert, that when the city of Madian was attacked in the days of Moses, one side was left unmolested, that the inhabitants might escape, and that this practice was afterwards observed as a law. But we see nothing of the kind in Scripture.
* Summa
*S Part 2, Ques 105, Article 3
[I-II, Q. 105, Art. 3]
Whether the Judicial Precepts Regarding Foreigners Were Framed in a Suitable Manner?
Objection 1: It would seem that the judicial precepts regarding foreigners were not suitably framed. For Peter said (Acts 10:34, 35): "In very deed I perceive that God is not a respecter of persons, but in every nation, he that feareth Him and worketh justice is acceptable to Him." But those who are acceptable to God should not be excluded from the Church of God. Therefore it is unsuitably commanded (Deut. 23:3) that "the Ammonite and the Moabite, even after the tenth generation, shall not enter into the church of the Lord for ever": whereas, on the other hand, it is prescribed (Deut. 23:7) to be observed with regard to certain other nations: "Thou shalt not abhor the Edomite, because he is thy brother; nor the Egyptian because thou wast a stranger in his land."
Obj. 2: Further, we do not deserve to be punished for those things which are not in our power. But it is not in man's power to be an eunuch, or born of a prostitute. Therefore it is unsuitably commanded (Deut. 23:1, 2) that "an eunuch and one born of a prostitute shalt not enter into the church of the Lord."
Obj. 3: Further, the Old Law mercifully forbade strangers to be molested: for it is written (Ex. 22:21): "Thou shalt not molest a stranger, nor afflict him; for yourselves also were strangers in the land of Egypt": and (Ex. 23:9): "Thou shalt not molest a stranger, for you know the hearts of strangers, for you also were strangers in the land of Egypt." But it is an affliction to be burdened with usury. Therefore the Law unsuitably permitted them (Deut. 23:19, 20) to lend money to the stranger for usury.
Obj. 4: Further, men are much more akin to us than trees. But we should show greater care and love for those things that are nearest to us, according to Ecclus. 13:19: "Every beast loveth its like: so also every man him that is nearest to himself." Therefore the Lord unsuitably commanded (Deut. 20:13-19) that all the inhabitants of a captured hostile city were to be slain, but that the fruit-trees should not be cut down.
Obj. 5: Further, every one should prefer the common good of virtue to the good of the individual. But the common good is sought in a war which men fight against their enemies. Therefore it is unsuitably commanded (Deut. 20:5-7) that certain men should be sent home, for instance a man that had built a new house, or who had planted a vineyard, or who had married a wife.
Obj. 6: Further, no man should profit by his own fault. But it is a man's fault if he be timid or faint-hearted: since this is contrary to the virtue of fortitude. Therefore the timid and faint-hearted are unfittingly excused from the toil of battle (Deut. 20:8).
_On the contrary,_ Divine Wisdom declares (Prov. 8:8): "All my words are just, there is nothing wicked nor perverse in them."
_I answer that,_ Man's relations with foreigners are twofold: peaceful, and hostile: and in directing both kinds of relation the Law contained suitable precepts. For the Jews were offered three opportunities of peaceful relations with foreigners. First, when foreigners passed through their land as travelers. Secondly, when they came to dwell in their land as newcomers. And in both these respects the Law made kind provision in its precepts: for it is written (Ex. 22:21): "Thou shalt not molest a stranger (_advenam_)"; and again (Ex. 22:9): "Thou shalt not molest a stranger (_peregrino_)." Thirdly, when any foreigners wished to be admitted entirely to their fellowship and mode of worship. With regard to these a certain order was observed. For they were not at once admitted to citizenship: just as it was law with some nations that no one was deemed a citizen except after two or three generations, as the Philosopher says (Polit. iii, 1). The reason for this was that if foreigners were allowed to meddle with the affairs of a nation as soon as they settled down in its midst, many dangers might occur, since the foreigners not yet having the common good firmly at heart might attempt something hurtful to the people. Hence it was that the Law prescribed in respect of certain nations that had close relations with the Jews (viz., the Egyptians among whom they were born and educated, and the Idumeans, the children of Esau, Jacob's brother), that they should be admitted to the fellowship of the people after the third generation; whereas others (with whom their relations had been hostile, such as the Ammonites and Moabites) were never to be admitted to citizenship; while the Amalekites, who were yet more hostile to them, and had no fellowship of kindred with them, were to be held as foes in perpetuity: for it is written (Ex. 17:16): "The war of the Lord shall be against Amalec from generation to generation."
In like manner with regard to hostile relations with foreigners, the Law contained suitable precepts. For, in the first place, it commanded that war should be declared for a just cause: thus it is commanded (Deut. 20:10) that when they advanced to besiege a city, they should at first make an offer of peace. Secondly, it enjoined that when once they had entered on a war they should undauntedly persevere in it, putting their trust in God. And in order that they might be the more heedful of this command, it ordered that on the approach of battle the priest should hearten them by promising them God's aid. Thirdly, it prescribed the removal of whatever might prove an obstacle to the fight, and that certain men, who might be in the way, should be sent home. Fourthly, it enjoined that they should use moderation in pursuing the advantage of victory, by sparing women and children, and by not cutting down fruit-trees of that country.
Reply Obj. 1: The Law excluded the men of no nation from the worship of God and from things pertaining to the welfare of the soul: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord; all his males shall first be circumcised, and then shall he celebrate it according to the manner, and he shall be as that which is born in the land." But in temporal matters concerning the public life of the people, admission was not granted to everyone at once, for the reason given above: but to some, i.e. the Egyptians and Idumeans, in the third generation; while others were excluded in perpetuity, in detestation of their past offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one man is punished for a sin committed by him, in order that others seeing this may be deterred and refrain from sinning; so too may one nation or city be punished for a crime, that others may refrain from similar crimes.
Nevertheless it was possible by dispensation for a man to be admitted to citizenship on account of some act of virtue: thus it is related (Judith 14:6) that Achior, the captain of the children of Ammon, "was joined to the people of Israel, with all the succession of his kindred." The same applies to Ruth the Moabite who was "a virtuous woman" (Ruth 3:11): although it may be said that this prohibition regarded men and not women, who are not competent to be citizens absolutely speaking.
Reply Obj. 2: As the Philosopher says (Polit. iii, 3), a man is said to be a citizen in two ways: first, simply; secondly, in a restricted sense. A man is a citizen simply if he has all the rights of citizenship, for instance, the right of debating or voting in the popular assembly. On the other hand, any man may be called citizen, only in a restricted sense, if he dwells within the state, even common people or children or old men, who are not fit to enjoy power in matters pertaining to the common weal. For this reason bastards, by reason of their base origin, were excluded from the _ecclesia,_ 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 Philosopher remarks (Polit. ii, 6). Nevertheless, in matters pertaining to the grace of God, eunuchs were not discriminated from others, as neither were strangers, as already stated: for it is written (Isa. 56:3): "Let not the son of the stranger that adhereth to the Lord speak, saying: The Lord will divide and separate me from His people. And let not the eunuch say: Behold I am a dry tree."
Reply Obj. 3: It was not the intention of the Law to sanction the acceptance of usury from strangers, but only to tolerate it on account of the proneness of the Jews to avarice; and in order to promote an amicable feeling towards those out of whom they made a profit.
Reply Obj. 4: A distinction was observed with regard to hostile cities. For some of them were far distant, and were not among those which had been promised to them. When they had taken these cities, they killed all the men who had fought against God's people; whereas the women and children were spared. But in the neighboring cities which had been promised to them, all were ordered to be slain, on account of their former crimes, to punish which God sent the Israelites as executor of Divine justice: for it is written (Deut. 9:5) "because they have done wickedly, they are destroyed at thy coming in." The fruit-trees were commanded to be left untouched, for the use of the people themselves, to whom the city with its territory was destined to be subjected.
Reply Obj. 5: The builder of a new house, the planter of a vineyard, the newly married husband, were excluded from fighting, for two reasons. First, because man is wont to give all his affection to those things which he has lately acquired, or is on the point of having, and consequently he is apt to dread the loss of these above other things. Wherefore it was likely enough that on account of this affection they would fear death all the more, and be so much the less brave in battle. Secondly, because, as the Philosopher says (Phys. ii, 5), "it is a misfortune for a man if he is prevented from obtaining something good when it is within his grasp." And so lest the surviving relations should be the more grieved at the death of these men who had not entered into the possession of the good things prepared for them; and also lest the people should be horror-stricken at the sight of their misfortune: these men were taken away from the danger of death by being removed from the battle.
Reply Obj. 6: The timid were sent back home, not that they might be the gainers thereby; but lest the people might be the losers by their presence, since their timidity and flight might cause others to be afraid and run away. ________________________
FOURTH
*H Excepting women and children, cattle and other things, that are in the city. And thou shalt divide all the prey to the army, and thou shalt eat the spoils of thy enemies, which the Lord thy God shall give thee.
Ver. 14. Excepting women, &c. These were supposed incapable of making any resistance, or of carrying arms. Slaves also were excused, on account of their want of liberty to choose for themselves, and old men, unless the war was undertaken by their advice. "I am not accustomed to wage war with captives, nor with women," said Alexander. Curt. 5.
*H But of those cities that shall be given thee, thou shalt suffer none at all to live:
Ver. 16. Live. Heb. "thou shalt save alive nothing that breatheth." Josephus (iv. 8.) acknowledges that all were to be slain; though some of the Rabbins have supposed that they might be spared, if they would abandon idols, &c.
*H But shalt kill them with the edge of the sword, to wit, the Hethite, and the Amorrhite, and the Chanaanite, the Pherezite, and the Hevite, and the Jebusite, as the Lord thy God hath commanded thee:
Ver. 17. Jebusite. Sam. and Sept. add "the Gergesite." C.
*H When thou hast besieged a city a long time, and hath compassed it with bulwarks, to take it, thou shalt not cut down the trees that may be eaten of, neither shalt thou spoil the country round about with axes: for it is a tree, and not a man, neither can it increase the number of them that fight against thee.
Ver. 19. Not a man. Heb. "the tree of the field, man." Which the Protestants supply, "is man's life to employ them in the siege." Sept. "is the tree...a man?" H. — We might render the Heb. "as for the tree of the field, it shall come to thy assistance in the siege." v. 20. H. — They are "like men," and may be of great service in making warlike engines. They are here contrasted with fruit-trees, which must not be cut down, unless they be in the way, or of service to the enemy. All other things of the same nature, as houses, corn, water, &c. must be spared, as well as those who do not bear arms. Yet God ordered the houses to be demolished in the war with the Moabites, 4 K. iii. 19. C. — Pythagoras enjoins his disciples not to spoil a fruit tree. Jamblic and the greatest generals have complied with this advice. C.
*H But if there be any trees that are not fruitful, but wild, and fit for other uses, cut them down, and make engines, until thou take the city, which fighteth against thee.
Ver. 20. Engines. Heb. matsor. Besieged cities were surrounded with palisades, for which a great deal of wood was requisite. Lu. xix. 45. Josephus (Bel. v. 31,) informs us, that Titus surrounded Jerusalem with a wall in the space of three days, having cut down the wood all around. See 4 K. vi. and xvii. and xxv. Ezec. xxvi. 7. C.