| 
                      Can dispensations be granted from 
                      the precepts of the Decalogue? 
                         
                          It seems that there can be dispensations 
                          from the precepts of the Decalogue: 
                         
                          Objection 1:  The precepts 
                          of the Decalogue belong to the natural law, and as the 
                          Philosopher says in Ethics 5, what is naturally 
                          just fails in some cases and is mutable, just as human 
                          nature is.  But as was explained above (q. 96, 
                          a. 6 and q. 97, a. 4), the failure of the law in some 
                          particular cases is the reason for granting a dispensation.  
                          Therefore, a dispensation can be granted from the precepts 
                          of the Decalogue. 
                                
                      Objection 2:  
                      God is related to divinely given law in the same way that 
                      man is related to human law.  But man is able to grant 
                      dispensations from those precepts of the law that are 
                      man‑made.  Therefore, since the precepts of the Decalogue 
                      were established by God, it seems that God is able to 
                      grant dispensations from them.  But prelates function on 
                      earth in the place of God; for in 2 Corinthians 2:10 the 
                      Apostle says, “If I have pardoned anything, for your sakes 
                      have I done it in the person of Christ.”  Therefore, 
                      prelates, too, can grant dispensations from the precepts 
                      of the Decalogue. 
                                
                      Objection 3:  
                      The prohibition of homicide is included among the precepts 
                      of the Decalogue.  But it seems that men grant 
                      dispensations from this precept, e.g., when, in accord 
                      with the precepts of human law, certain men, viz., 
                      evildoers and enemies, are lawfully killed.  Therefore, 
                      dispensations can be granted from the precepts of the 
                      Decalogue. 
                                
                      Objection 4:  
                      The observance of the Sabbath is included among the 
                      precepts of the Decalogue. But a dispensation was granted 
                      from this precept; for 1 Maccabees 2:41 says, “And they 
                      determined in that day, saying, ‘Whoever shall come up 
                      against us to fight on the Sabbath day, we will fight 
                      against him’.”  Therefore, dispensations can be granted 
                      from the precepts of the Decalogue. 
                                
                      But contrary to this:  
                      In Isaiah 24:5 certain people are rebuked because “they 
                      have changed the Law, they have broken the everlasting 
                      covenant”—which must, it seems, refer especially to the 
                      precepts of the Decalogue.  Therefore, the precepts of the 
                      Decalogue cannot be altered by a dispensation. 
                                 
                          I respond:  
                          As was explained above (q. 96, a. 6 and q. 97, a. 4), 
                          a dispensation should be granted from a precept when 
                          some particular case occurs in which the observance 
                          of the letter of the law is contrary to the lawmaker’s 
                          intention.  But the intention of every lawmaker 
                          is ordered first and principally toward the common good 
                          and, second, toward the order of justice and virtue, 
                          in accord with which the common good is attained and 
                          preserved.Therefore, if there are any precepts which embody the 
                          very conservation of the common good or the very order 
                          of justice and virtue, then precepts of this sort preserve 
                          the lawmaker’s intention and so are such that dispensations 
                          cannot be granted from them.  For instance, if 
                          a community were to establish the precept ‘No one may 
                          destroy the republic or betray the city‑state 
                          to the enemy’, or the precept ‘No one may do anything 
                          in an evil or unjust way’, then there could not be dispensations 
                          from precepts of this sort.
 By contrast, if there were other precepts which were 
                          ordered to the [primary] precepts and which specified 
                          certain particular modes for them, then a dispensation 
                          could be granted for such precepts to the extent that 
                          their being overridden (per omissionem huiusmodi 
                          praeceptorum) in certain cases would not be prejudicial 
                          to the primary precepts that embody the lawmaker’s intention.  
                          For instance, if, in order to save the republic, it 
                          were decreed in a city that certain men should take 
                          turns keeping guard over the city when it is being besieged, 
                          then some men could be dispensed from this precept for 
                          the sake of some greater advantage.
 Now 
                          the precepts of the Decalogue embody the intention of 
                          the lawmaker, viz., God.  For the precepts of the 
                          first tablet, which are ordered toward God, embody the 
                          very ordering toward the common and final good, which 
                          is God.  On the other hand, the precepts of the 
                          second tablet embody the very order of justice to be 
                          observed among men, so that, namely, nothing undue is 
                          done to anyone and what is due is rendered to each one; 
                          for the precepts of the Decalogue should be understood 
                          according to this rationale.  And so there cannot 
                          be any dispensations at all from the precepts of the 
                          Decalogue.
   
                      Reply to objection 1:  The 
                      Philosopher is not speaking here of the naturally just, 
                      which embodies the very order of justice; for the precept 
                      ‘Justice is to be preserved’ never fails.  Rather, he is 
                      speaking about specific modes for observing justice, and 
                      in some cases these modes fail. 
                                
                      Reply to objection 2:  
                      As the Apostle says in 2 Timothy 2:13, “God remains 
                      faithful; He cannot deny Himself.”  But He would be 
                      denying Himself if He destroyed the very order of His 
                      justice, since He is Justice Itself.  And so God cannot 
                      grant a dispensation that would permit a man either (a) to 
                      behave in a disordered way toward God or (b) not to submit 
                      to the order of His justice, even in those matters in 
                      which men are ordered toward one another. 
                                 
                          Reply to objection 3:  
                          The killing of a man is prohibited in the Decalogue 
                          insofar as it has the character of something undue; 
                          for this is the sense in which a precept embodies the 
                          very nature of justice. Now human law cannot permit that a man should be killed 
                          both lawfully and in an undue way.  But it is not 
                          undue for an evildoer, or for the enemies of the republic, 
                          to be killed.  Hence, this is not contrary to the 
                          precept of the dialogue; nor is such a killing (occisio) 
                          a homicide (homicidium)—which is what the precept 
                          prohibits, as Augustine says in De Libero Arbitrio 
                          1.
 Similarly, if what belongs to someone is taken from 
                          him, then if it is due that he should lose it, this 
                          is not theft or robbery, which is what the precept of 
                          the Decalogue prohibits.
 And so when, by God’s command, the children of Israel 
                          took the spoils from the Egyptians (Exodus 12:35), this 
                          was not theft, since these spoils were owed to them 
                          by God’s decree.  Similarly, when Abraham consented 
                          to kill his son (Genesis 22), he did not consent to 
                          homicide, since by the command of God, who is the Lord 
                          of life and death, it had been made due that his son 
                          should be killed.  For it is God who inflicts the 
                          punishment of death on all men, both the just and the 
                          unjust, because of the sin of our first parent; and 
                          if a man executes this sentence by God’s authority, 
                          then he will not be committing homicide (non erit 
                          homicida), just as God does not commit homicide.  
                          Similarly, when Hosea takes to himself a “wife of fornications,” 
                          i.e., an adulterous woman (Hosea 1), he is not an adulterer 
                          or a fornicator; for he took a woman who belonged to 
                          him according to the command of God, the author of the 
                          institution of matrimony.
 So, 
                          then, the precepts of the Decalogue are immutable with 
                          respect to the character of justice that they embody.  
                          However, regarding the specification of the precepts 
                          as applied to singular acts—that is, as regards whether 
                          this or that act is or is not homicide or theft or adultery—there 
                          is indeed mutability, sometimes by God’s authority alone, 
                          viz., in those things that have been instituted by God 
                          alone (e.g., matrimony and other things of this sort), 
                          and sometimes also by human authority, as in those matters 
                          that have been entrusted to the jurisdiction of men.  
                          With respect to those matters, but not with respect 
                          to all matters, men act in the place of God.
 
                        
                      Reply to objection 4:  
                      The thought expressed here was more of an interpretation 
                      of the precept than a dispensation.  For someone who does 
                      what is necessary for human welfare is not thought of as 
                      violating the Sabbath, as the Lord shows in Matthew 
                      12:3ff. |