ion,
since thereby equality is re-established; and for this it is enough
that a man restore just so much as he has belonging to another. But
as regards the sin, the remedy is applied by punishment, the
infliction of which belongs to the judge: and so, until a man is
condemned by the judge, he is not bound to restore more than he took,
but when once he is condemned, he is bound to pay the penalty.

Hence it is clear how to answer the First Objection: because this law
fixes the punishment to be inflicted by the judge. Nor is this
commandment to be kept now, because since the coming of Christ no man
is bound to keep the judicial precepts, as stated above (I-II, Q.
104, A. 3). Nevertheless the same might be determined by human law,
and then the same answer would apply.

Reply Obj. 2: Zachaeus said this being willing to do more than he was
bound to do; hence he had said already: "Behold . . . the half of my
goods I give to the poor."

Reply Obj. 3: By condemning the man justly, the judge can exact more
by way of damages; and yet this was not due before the sentence.
_______________________

FOURTH ARTICLE [II-II, Q. 62, Art. 4]

Whether a Man Is Bound to Restore What He Has Not Taken?

Objection 1: It would seem that a man is bound to restore what he has
not taken. For he that has inflicted a loss on a man is bound to
remove that loss. Now it happens sometimes that the loss sustained is
greater than the thing taken: for instance, if you dig up a man's
seeds, you inflict on the sower a loss equal to the coming harvest,
and thus you would seem to be bound to make restitution accordingly.
Therefore a man is bound to restore what he has not taken.

Obj. 2: Further, he who retains his creditor's money beyond the
stated time, would seem to occasion his loss of all his possible
profits from that money, and yet he does not really take them.
Therefore it seems that a man is bound to restore what he did not
take.

Obj. 3: Further, human justice is derived from Divine justice. Now a
man is bound to restore to God more than he has received from Him,
according to Matt. 25:26, "Thou knewest that I reap where I sow not,
and gather where I have not strewed." Therefore it is just that one
should restore to a man also, something that one has not taken.

_On the contrary,_ Restitution belongs to justice, because it
re-establishes equality. But if one were to restore what one did not
take, there would not be equality. Therefore it i