, 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.
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FOURTH ARTICLE [I-II, Q. 105, Art. 4]
Whether the Old Law Set Forth Suitable Precepts About the Members of
the Household?
Objection 1: It would seem that the Old Law set forth unsuitable
precepts about the members of the household. For a slave "is in every
respect his master's property," as the Philosopher states (Polit. i,
2). But that which is a man's property should be his always.
Therefore it was unfitting for the Law to command (Ex. 21:2) that
slaves should "go out free" in the seventh year.
Obj. 2: Further, a slave is his master's property, just as an animal,
e.g. an ass or an ox. But it is commanded (Deut. 22:1-3) with regard
to animals, that they should be brought back to the owner if they be
found going astray. Therefore it was unsuitably commanded (Deut.
23:15): "Thou shalt not deliver to his master the servant that is
fled to thee."
Obj. 3: Further, the Divine Law should encourage mercy more even than
the human law. But according to human laws those who ill-treat their
servants and maidservants are severely punished: and the worse
treatment of all seems to be that which results in death. Therefore
it is unfittingly commanded (Ex. 21:20, 21) that "he that striketh
his bondman or bondwoman with a rod, and they die under his hands
. . . if the party remain alive a day . . . he shall not be subject
to the punishment, because it is his money."
Obj. 4: Further, the dominion of a master over his slave differs from
that of the father over his son (Polit. i, 3). But the dominion of
master over slave gives the former the right to sell his servant or
maidservant. Therefore it was unfitting for the Law to allow a man to
sell his daughter to be a servant or handmaid (Ex. 21:7).
Obj. 5: Further, a father has power over his son. But he who has
power over the sinner has the right to punish him for his offenses.
Therefore it is unfittingly commanded (Deut. 21:18, seqq.) that a
father should bring his son to the ancients of the city for
punishment.
Obj. 6: Further, the Lord forbade them (Deut. 7:3, seqq.) to make
marriages with strange nations; and commanded the dissolution of such
as had been contracted (1 Esdras 10). Therefore it was unfitting to
allow them to marry captive women from strange nations
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