should be
succeeded by their next of kin: in the first place, the son;
secondly, the daughter; thirdly, the brother; fourthly, the father's
brother; fifthly, any other next of kin. Furthermore, in order to
preserve the distinction of property, the Law enacted that heiresses
should marry within their own tribe, as recorded in Num. 36:6.
Secondly, the Law commanded that, in some respects, the use of things
should belong to all in common. Firstly, as regards the care of them;
for it was prescribed (Deut. 22:1-4): "Thou shalt not pass by, if
thou seest thy brother's ox or his sheep go astray; but thou shalt
bring them back to thy brother," and in like manner as to other
things. Secondly, as regards fruits. For all alike were allowed on
entering a friend's vineyard to eat of the fruit, but not to take any
away. And, specially, with respect to the poor, it was prescribed
that the forgotten sheaves, and the bunches of grapes and fruit,
should be left behind for them (Lev. 19:9; Deut. 24:19). Moreover,
whatever grew in the seventh year was common property, as stated in
Ex. 23:11 and Lev. 25:4.
Thirdly, the law recognized the transference of goods by the owner.
There was a purely gratuitous transfer: thus it is written (Deut.
14:28, 29): "The third day thou shalt separate another tithe . . .
and the Levite . . . and the stranger, and the fatherless, and the
widow . . . shall come and shall eat and be filled." And there was a
transfer for a consideration, for instance, by selling and buying, by
letting out and hiring, by loan and also by deposit, concerning all
of which we find that the Law made ample provision. Consequently it
is clear that the Old Law provided sufficiently concerning the mutual
relations of one man with another.
Reply Obj. 1: As the Apostle says (Rom. 13:8), "he that loveth his
neighbor hath fulfilled the Law": because, to wit, all the precepts
of the Law, chiefly those concerning our neighbor, seem to aim at the
end that men should love one another. Now it is an effect of love
that men give their own goods to others: because, as stated in 1 John
3:17: "He that . . . shall see his brother in need, and shall shut up
his bowels from him: how doth the charity of God abide in him?" Hence
the purpose of the Law was to accustom men to give of their own to
others readily: thus the Apostle (1 Tim. 6:18) commands the rich "to
give easily and to communicate to others." Now a man does not give
easily to others if h
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