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. |