[II-II, Q. 89, Art. 2]

Whether It Is Lawful to Swear?

Objection 1: It would seem that it is not lawful to swear. Nothing forbidden in the Divine Law is lawful. Now swearing is forbidden (Matt. 5:34), "But I say to you not to swear at all"; and (James 5:12), "Above all things, my brethren, swear not." Therefore swearing is unlawful.

Obj. 2: Further, whatever comes from an evil seems to be unlawful, because according to Matt. 7:18, "neither can an evil tree bring forth good fruit." Now swearing comes from an evil, for it is written (Matt. 5:37): "But let your speech be: Yea, yea: No, no. And that which is over and above these is of evil." Therefore swearing is apparently unlawful.

Obj. 3: Further, to seek a sign of Divine Providence is to tempt God, and this is altogether unlawful, according to Deut. 6:16, "Thou shalt not tempt the Lord thy God." Now he that swears seems to seek a sign of Divine Providence, since he asks God to bear witness, and this must be by some evident effect. Therefore it seems that swearing is altogether unlawful.

_On the contrary,_ It is written (Deut. 6:13): "Thou shalt fear the Lord thy God . . . and shalt swear by His name."

_I answer that,_ Nothing prevents a thing being good in itself, and yet becoming a source of evil to one who makes use thereof unbecomingly: thus to receive the Eucharist is good, and yet he that receives it "unworthily, eateth and drinketh judgment to himself" (1 Cor. 11:29). Accordingly in answer to the question in point it must be stated that an oath is in itself lawful and commendable. This is proved from its origin and from its end. From its origin, because swearing owes its introduction to the faith whereby man believes that God possesses unerring truth and universal knowledge and foresight of all things: and from its end, since oaths are employed in order to justify men, and to put an end to controversy (Heb. 6:16).

Yet an oath becomes a source of evil to him that makes evil use of it, that is who employs it without necessity and due caution. For if a man calls God as witness, for some trifling reason, it would seemingly prove him to have but little reverence for God, since he would not treat even a good man in this manner. Moreover, he is in danger of committing perjury, because man easily offends in words, according to James 3:2, "If any man offend not in word, the same is a perfect man." Wherefore it is written (Ecclus. 23:9): "Let not thy mouth be accustomed to swearing, for in it there are many falls."

Reply Obj. 1: Jerome, commenting on Matt. 5:34, says: "Observe that our Saviour forbade us to swear, not by God, but by heaven and earth. For it is known that the Jews have this most evil custom of swearing by the elements." Yet this answer does not suffice, because James adds, "nor by any other oath." Wherefore we must reply that, as Augustine states (De Mendacio xv), "when the Apostle employs an oath in his epistles, he shows how we are to understand the saying, 'I say to you, not to swear at all'; lest, to wit, swearing lead us to swear easily and from swearing easily, we contract the habit, and, from swearing habitually, we fall into perjury. Hence we find that he swore only when writing, because thought brings caution and avoids hasty words."

Reply Obj. 2: According to Augustine (De Serm. Dom. in Monte i. 17): "If you have to swear, note that the necessity arises from the infirmity of those whom you convince, which infirmity is indeed an evil. Accordingly He did not say: 'That which is over and above is evil,' but 'is of evil.' For you do no evil; since you make good use of swearing, by persuading another to a useful purpose: yet it 'comes of the evil' of the person by whose infirmity you are forced to swear."

Reply Obj. 3: He who swears tempts not God, because it is not without usefulness and necessity that he implores the Divine assistance. Moreover, he does not expose himself to danger, if God be unwilling to bear witness there and then: for He certainly will bear witness at some future time, when He "will bring to light the hidden things of darkness, and will make manifest the counsels of hearts" (1 Cor. 4:5). And this witness will be lacking to none who swears, neither for nor against him. _______________________

THIRD

[II-II, Q. 89, Art. 5]

Whether Oaths Are Desirable and to Be Used Frequently As Something Useful and Good?

Objection 1: It would seem that oaths are desirable and to be used frequently as something useful and good. Just as a vow is an act of religion, so is an oath. Now it is commendable and more meritorious to do a thing by vow, because a vow is an act of religion, as stated above (Q. 88, A. 5). Therefore for the same reason, to do or say a thing with an oath is more commendable, and consequently oaths are desirable as being good essentially.

Obj. 2: Further, Jerome, commenting on Matt. 5:34, says that "he who swears either reveres or loves the person by whom he swears." Now reverence and love of God are desirable as something good essentially. Therefore swearing is also.

Obj. 3: Further, swearing is directed to the purpose of confirming or assuring. But it is a good thing for a man to confirm his assertion. Therefore an oath is desirable as a good thing.

_On the contrary,_ It is written (Ecclus. 23:12): "A man that sweareth much shall be filled with iniquity": and Augustine says (De Mendacio xv) that "the Lord forbade swearing, in order that for your own part you might not be fond of it, and take pleasure in seeking occasions of swearing, as though it were a good thing."

_I answer that,_ Whatever is required merely as a remedy for an infirmity or a defect, is not reckoned among those things that are desirable for their own sake, but among those that are necessary: this is clear in the case of medicine which is required as a remedy for sickness. Now an oath is required as a remedy to a defect, namely, some man's lack of belief in another man. Wherefore an oath is not to be reckoned among those things that are desirable for their own sake, but among those that are necessary for this life; and such things are used unduly whenever they are used outside the bounds of necessity. For this reason Augustine says (De Serm. Dom. in Monte i, 17): "He who understands that swearing is not to be held as a good thing," i.e. desirable for its own sake, "restrains himself as far as he can from uttering oaths, unless there be urgent need."

Reply Obj. 1: There is no parity between a vow and an oath: because by a vow we direct something to the honor of God, so that for this very reason a vow is an act of religion. On the other hand, in an oath reverence for the name of God is taken in confirmation of a promise. Hence what is confirmed by oath does not, for this reason, become an act of religion, since moral acts take their species from the end.

Reply Obj. 2: He who swears does indeed make use of his reverence or love for the person by whom he swears: he does not, however, direct his oath to the reverence or love of that person, but to something else that is necessary for the present life.

Reply Obj. 3: Even as a medicine is useful for healing, and yet, the stronger it is, the greater harm it does if it be taken unduly, so too an oath is useful indeed as a means of confirmation, yet the greater the reverence it demands the more dangerous it is, unless it be employed aright; for, as it is written (Ecclus. 23:13), "if he make it void," i.e. if he deceive his brother, "his sin shall be upon him: and if he dissemble it," by swearing falsely, and with dissimulation, "he offendeth double," (because, to wit, "pretended equity is a twofold iniquity," as Augustine [*Enarr. in Ps. lxiii, 7] declares): "and if he swear in vain," i.e. without due cause and necessity, "he shall not be justified." _______________________

SIXTH

[II-II, Q. 89, Art. 5]

Whether Oaths Are Desirable and to Be Used Frequently As Something Useful and Good?

Objection 1: It would seem that oaths are desirable and to be used frequently as something useful and good. Just as a vow is an act of religion, so is an oath. Now it is commendable and more meritorious to do a thing by vow, because a vow is an act of religion, as stated above (Q. 88, A. 5). Therefore for the same reason, to do or say a thing with an oath is more commendable, and consequently oaths are desirable as being good essentially.

Obj. 2: Further, Jerome, commenting on Matt. 5:34, says that "he who swears either reveres or loves the person by whom he swears." Now reverence and love of God are desirable as something good essentially. Therefore swearing is also.

Obj. 3: Further, swearing is directed to the purpose of confirming or assuring. But it is a good thing for a man to confirm his assertion. Therefore an oath is desirable as a good thing.

_On the contrary,_ It is written (Ecclus. 23:12): "A man that sweareth much shall be filled with iniquity": and Augustine says (De Mendacio xv) that "the Lord forbade swearing, in order that for your own part you might not be fond of it, and take pleasure in seeking occasions of swearing, as though it were a good thing."

_I answer that,_ Whatever is required merely as a remedy for an infirmity or a defect, is not reckoned among those things that are desirable for their own sake, but among those that are necessary: this is clear in the case of medicine which is required as a remedy for sickness. Now an oath is required as a remedy to a defect, namely, some man's lack of belief in another man. Wherefore an oath is not to be reckoned among those things that are desirable for their own sake, but among those that are necessary for this life; and such things are used unduly whenever they are used outside the bounds of necessity. For this reason Augustine says (De Serm. Dom. in Monte i, 17): "He who understands that swearing is not to be held as a good thing," i.e. desirable for its own sake, "restrains himself as far as he can from uttering oaths, unless there be urgent need."

Reply Obj. 1: There is no parity between a vow and an oath: because by a vow we direct something to the honor of God, so that for this very reason a vow is an act of religion. On the other hand, in an oath reverence for the name of God is taken in confirmation of a promise. Hence what is confirmed by oath does not, for this reason, become an act of religion, since moral acts take their species from the end.

Reply Obj. 2: He who swears does indeed make use of his reverence or love for the person by whom he swears: he does not, however, direct his oath to the reverence or love of that person, but to something else that is necessary for the present life.

Reply Obj. 3: Even as a medicine is useful for healing, and yet, the stronger it is, the greater harm it does if it be taken unduly, so too an oath is useful indeed as a means of confirmation, yet the greater the reverence it demands the more dangerous it is, unless it be employed aright; for, as it is written (Ecclus. 23:13), "if he make it void," i.e. if he deceive his brother, "his sin shall be upon him: and if he dissemble it," by swearing falsely, and with dissimulation, "he offendeth double," (because, to wit, "pretended equity is a twofold iniquity," as Augustine [*Enarr. in Ps. lxiii, 7] declares): "and if he swear in vain," i.e. without due cause and necessity, "he shall not be justified." _______________________

SIXTH

[II-II, Q. 154, Art. 8]

Whether Adultery Is Determinate Species of Lust, Distinct from the Other Species?

Objection 1: It would seem that adultery is not a determinate species of lust, distinct from the other species. For adultery takes its name from a man having intercourse "with a woman who is not his own [ad alteram]," according to a gloss [*St. Augustine: Serm. li, 13 de Divers. lxiii] on Ex. 20:14. Now a woman who is not one's own may be of various conditions, namely either a virgin, or under her father's care, or a harlot, or of any other description. Therefore it seems that adultery is not a species of lust distinct from the others.

Obj. 2: Further, Jerome says [*Contra Jovin. i]: "It matters not for what reason a man behaves as one demented. Hence Sixtus the Pythagorean says in his Maxims: He that is insatiable of his wife is an adulterer," and in like manner one who is over enamored of any woman. Now every kind of lust includes a too ardent love. Therefore adultery is in every kind of lust: and consequently it should not be reckoned a species of lust.

Obj. 3: Further, where there is the same kind of deformity, there would seem to be the same species of sin. Now, apparently, there is the same kind of deformity in seduction and adultery: since in either case a woman is violated who is under another person's authority. Therefore adultery is not a determinate species of lust, distinct from the others.

_On the contrary,_ Pope Leo [*St. Augustine, De Bono Conjug. iv; Cf. Append. Grat. ad can. Ille autem. xxxii, qu. 5] says that "adultery is sexual intercourse with another man or woman in contravention of the marriage compact, whether through the impulse of one's own lust, or with the consent of the other party." Now this implies a special deformity of lust. Therefore adultery is a determinate species of lust.

_I answer that,_ Adultery, as its name implies, "is access to another's marriage-bed (_ad alienum torum_)" [*Cf. Append. Gratian, ad can. Ille autem. xxxii, qu. 1]. By so doing a man is guilty of a twofold offense against chastity and the good of human procreation. First, by accession to a woman who is not joined to him in marriage, which is contrary to the good of the upbringing of his own children. Secondly, by accession to a woman who is united to another in marriage, and thus he hinders the good of another's children. The same applies to the married woman who is corrupted by adultery. Wherefore it is written (Ecclus. 23:32, 33): "Every woman . . . that leaveth her husband . . . shall be guilty of sin. For first she hath been unfaithful to the law of the Most High" (since there it is commanded: "Thou shalt not commit adultery"); "and secondly, she hath offended against her husband," by making it uncertain that the children are his: "thirdly, she hath fornicated in adultery, and hath gotten children of another man," which is contrary to the good of her offspring. The first of these, however, is common to all mortal sins, while the two others belong especially to the deformity of adultery. Hence it is manifest that adultery is a determinate species of lust, through having a special deformity in venereal acts.

Reply Obj. 1: If a married man has intercourse with another woman, his sin may be denominated either with regard to him, and thus it is always adultery, since his action is contrary to the fidelity of marriage, or with regard to the woman with whom he has intercourse; and thus sometimes it is adultery, as when a married man has intercourse with another's wife; and sometimes it has the character of seduction, or of some other sin, according to various conditions affecting the woman with whom he has intercourse: and it has been stated above (A. 1) that the species of lust correspond to the various conditions of women.

Reply Obj. 2: Matrimony is specially ordained for the good of human offspring, as stated above (A. 2). But adultery is specially opposed to matrimony, in the point of breaking the marriage faith which is due between husband and wife. And since the man who is too ardent a lover of his wife acts counter to the good of marriage if he use her indecently, although he be not unfaithful, he may in a sense be called an adulterer; and even more so than he that is too ardent a lover of another woman.

Reply Obj. 3: The wife is under her husband's authority, as united to him in marriage: whereas the maid is under her father's authority, as one who is to be married by that authority. Hence the sin of adultery is contrary to the good of marriage in one way, and the sin of seduction in another; wherefore they are reckoned to differ specifically. Of other matters concerning adultery we shall speak in the Third Part [* Cf. Suppl., Q. 59, A. 3; QQ. 60, 62], when we treat of matrimony. _______________________

NINTH