277. Christ's Resurrection and the Old Law's Judicial Precepts

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Lecture Notes

The Necessity of Christ’s Resurrection #

Three Reasons (from Thomas Aquinas) #

1. Wholeness and Perfection: The body and soul must be united to form a complete whole. A separated body and soul would leave something imperfect and unfitting for the Second Person of the Trinity. Drawing on Aristotle’s Physics III, the distinction between “perfect” (perfect) and “whole” (totum) shows that the whole is better than the part.

2. Glorification from Humiliation: Christ’s death on the cross was “most painful” and “most shameful.” His maximum humility in undergoing this death merited the glorification of his body. The glorification follows proportionally from the degree of humiliation.

3. Head of the Church: As the head of the Church, Christ must first perfect his own body, then pass this perfection to his members. He had to rise from the dead to initiate the process of bodily glorification for all the faithful.

The Old Law’s Judicial Precepts: Structure and Purpose #

Four Categories of Judicial Precepts #

The law addresses four domains:

1. Matters pertaining to rulers and princes
2. Relations among men to each other
3. Relations with those outside the city (foreigners)
4. Domestic matters (household relations: husband-wife, father-son, master-slave)

On the Institution of Rulers #

First Objection: Why does the law not institute a supreme ruler with full authority, as the Politics suggests the ordering of a people depends on the greatest prince?

Thomas’s Answer: God reserved the institution of the supreme ruler to Himself because Israel was a people chosen by God for special care. God instituted Joshua as supreme judge and raised up judges whose authority came from God’s spirit. The election of a king was reserved to God alone (Deuteronomy 17).

Second Objection: Is not kingship the best form of government, since one ruler best represents divine rule?

Thomas’s Answer: While kingship is best if not corrupted, great power easily degenerates into tyranny unless the ruler possesses perfect virtue. Following Aristotle’s six forms of government (kingship/tyranny, aristocracy/oligarchy, republic/democracy), Thomas notes that the Jews were “prone to both cruelty and avarice,” vices that lead to tyranny. Therefore, God instituted a mixed form instead:

• One ruler (Moses, later judges) exercising singular authority
• Aristocratic element (70 elders chosen from all the people according to virtue)
• Democratic element (chosen from and by the whole people)

This mixed constitution is “the best polity, well mixed together from kingship, aristocracy, and democracy.”

Third Objection: Does not division of the kingdom destroy a people, as seen in Judah and Israel?

Thomas’s Answer: The division was given as punishment for their dissensions, not for their progress. It was not intended by divine institution.

Fourth Objection: Should not priests and Levites be supported by the people if they serve the people?

Thomas’s Answer: Priests receive support (tithes, firstfruits, offerings) because they are set apart for sacred things and deserve greater reverence. Princes, by contrast, are chosen from the whole people and should rely on their own possessions, which Thomas argues prevents them from becoming wealthy and proud, thus avoiding tyranny.

Fifth Objection: Does not the law, in describing the “right of the king” (1 Samuel 8), authorize tyrannical exactions?

Thomas’s Answer: That “right” was not a divine institution but a denuntiatio (pronouncement/warning) of what kings would usurp if they degenerated into tyranny. It was meant to deter the people from demanding a king.

On Property and Possessions #

General Principle: The law permits possessions to be private (for peace and industry) but with use partly common through voluntary sharing motivated by charity.

Second Objection: Why allow women to inherit if inheritance by women confuses property and destroys cities?

Thomas’s Answer: Women inherit only when male heirs lack. To console the father whose property would otherwise go to strangers, the law permits female inheritance. However, women inheriting must marry within their tribe to prevent confusion of tribal lots (Numbers 36).

Third Objection: Why permit sale of possessions (which concentrates wealth) when cities need stable populations?

Thomas’s Answer: Following Aristotle’s Politics II, unregulated property leads to concentration in few hands and depopulation. The law permits selling for a time but requires restoration in the jubilee year (50th year), preventing permanent alienation. Additionally:

• Houses in cities could be sold forever (they don’t affect tribal population)
• Houses in villages without walls could not be sold forever (they do affect tribal agricultural population)
• This maintains tribal distinctions and prevents systematic depopulation

On Sharing and Love of Neighbor #

First Objection (Article 2): Does allowing entrance into a neighbor’s vineyard to eat grapes violate property rights?

Thomas’s Answer: The intention of the law is to accustom men to sharing goods through love of neighbor (Romans 13). From love proceeds the sharing of goods (1 John 3). While one cannot take grapes away, one may eat freely in the vineyard. This practice:

• Fosters friendship rather than resentment
• Habituates people to generosity
• Does not cause great detriment
• Encourages the poor through gleaning (they follow reapers and pick up remnants)

On Loans and Contracts #

Fourth Objection: Does the law’s remission of debts (Deuteronomy 15) discourage lending?

Thomas’s Answer: The law’s intention is to habituate men to aid one another in necessity, which fosters friendship. The law facilitates lending through multiple provisions:

1. Year of Remission (7th year): Debts are forgiven, but this applies primarily to the truly impotent. Those able to pay before the 7th year would do so to avoid the appearance of fraud.

2. Prohibition of Usury: Creditors cannot charge interest (Deuteronomy 23), which would oppress debtors.

3. Protection of Necessities: Pledges (especially the millstone used for grinding grain) must be returned before sunset, as they are necessities of life (Deuteronomy 24).

4. Restraint in Demanding: The creditor cannot enter the debtor’s house to seize a pledge; the debtor stands outside and brings it. A man’s house is his “castle,” and creditors cannot invade it.

5. Distinction between Loans and Deposits:

   • Loan: Given for the use of the borrower; the lender bears greater risk
   • Deposit: Given for safekeeping by the lender; the depositee bears less risk
   • If an animal is lent and dies through negligence of the borrower, the borrower must pay; if it dies through inevitable cause (natural death, enemy capture, wild beast), the borrower is excused
   • If an animal is deposited and dies through negligence, the depositee must pay; if it dies through inevitable cause, the depositee is excused by oath (since the lender cannot disprove the claim)

Fifth Objection: Is there insufficient caution regarding deposits in the law?

Thomas’s Answer: Deposits are actually treated more strictly than loans in some respects. The depositee is held to pay only in case of theft or negligence, but the lender (in case of loan) is held to pay even if the animal dies through causes not his negligence.

On Access to Justice #

Seventh Objection: Why require judges to be accessed at one central place, inconveniencing the people?

Thomas’s Answer: Judges are instituted to determine ambiguous matters. Ambiguity arises in two ways:

1. Among civil magistrates: Local judges (in cities, at gates) determine most matters according to reason.

2. Regarding divine worship: Ambiguous matters pertaining to ceremonies are referred to the high priest at the central sanctuary.

Thus, the law requires difficult or ambiguous cases to be appealed to the high place chosen by God, where the high priest and supreme judge determine them. This mirrors the modern practice of appealing inferior court decisions to superior courts (like the Supreme Court). Since ambiguous judgments “do not frequently emerge,” the people are not unduly burdened.

Key Principles #

• Habituation to Virtue: The law aims to accustom men to virtue and mutual aid, not merely to enforce external compliance.
• Mixed Constitution: The best form of government combines elements of kingship (one ruler), aristocracy (virtuous few), and democracy (choice from and by the people).
• Natural Law Underlying Positive Law: The judicial precepts of the Old Law reflect natural law principles about justice, property, and the common good, applied to the particular circumstances of Israel.
• Special Divine Care: Israel’s laws are distinctive because God provided special care and direct governance to His chosen people.