Summa Theologica Part III (Secunda Secundae) Part 105

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THIRD ARTICLE [II-II, Q. 64, Art. 3]

Whether It Is Lawful for a Private Individual to Kill a Man Who Has Sinned?

Objection 1: It would seem lawful for a private individual to kill a man who has sinned. For nothing unlawful is commanded in the Divine law. Yet, on account of the sin of the molten calf, Moses commanded (Ex. 32:27): "Let every man kill his brother, and friend, and neighbor." Therefore it is lawful for private individuals to kill a sinner.

Obj. 2: Further, as stated above (A. 2, ad 3), man, on account of sin, is compared to the beasts. Now it is lawful for any private individual to kill a wild beast, especially if it be harmful.

Therefore for the same reason, it is lawful for any private individual to kill a man who has sinned.

Obj. 3: Further, a man, though a private individual, deserves praise for doing what is useful for the common good. Now the slaying of evildoers is useful for the common good, as stated above (A. 2).

Therefore it is deserving of praise if even private individuals kill evil-doers.

_On the contrary,_ Augustine says (De Civ. Dei i) [*Can. Quic.u.mque percut.i.t, caus. xxiii, qu. 8]: "A man who, without exercising public authority, kills an evil-doer, shall be judged guilty of murder, and all the more, since he has dared to usurp a power which G.o.d has not given him."

_I answer that,_ As stated above (A. 2), it is lawful to kill an evildoer in so far as it is directed to the welfare of the whole community, so that it belongs to him alone who has charge of the community's welfare. Thus it belongs to a physician to cut off a decayed limb, when he has been entrusted with the care of the health of the whole body. Now the care of the common good is entrusted to persons of rank having public authority: wherefore they alone, and not private individuals, can lawfully put evildoers to death.

Reply Obj. 1: The person by whose authority a thing is done really does the thing as Dionysius declares (Coel. Hier. iii). Hence according to Augustine (De Civ. Dei i, 21), "He slays not who owes his service to one who commands him, even as a sword is merely the instrument to him that wields it." Wherefore those who, at the Lord's command, slew their neighbors and friends, would seem not to have done this themselves, but rather He by whose authority they acted thus: just as a soldier slays the foe by the authority of his sovereign, and the executioner slays the robber by the authority of the judge.

Reply Obj. 2: A beast is by nature distinct from man, wherefore in the case of a wild beast there is no need for an authority to kill it; whereas, in the case of domestic animals, such authority is required, not for their sake, but on account of the owner's loss. On the other hand a man who has sinned is not by nature distinct from good men; hence a public authority is requisite in order to condemn him to death for the common good.

Reply Obj. 3: It is lawful for any private individual to do anything for the common good, provided it harm n.o.body: but if it be harmful to some other, it cannot be done, except by virtue of the judgment of the person to whom it pertains to decide what is to be taken from the parts for the welfare of the whole.

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FOURTH ARTICLE [II-II, Q. 64, Art. 4]

Whether It Is Lawful for Clerics to Kill Evil-doers?

Objection 1: It would seem lawful for clerics to kill evil-doers. For clerics especially should fulfil the precept of the Apostle (1 Cor.

4:16): "Be ye followers of me as I also am of Christ," whereby we are called upon to imitate G.o.d and His saints. Now the very G.o.d whom we wors.h.i.+p puts evildoers to death, according to Ps. 135:10, "Who smote Egypt with their firstborn." Again Moses made the Levites slay twenty-three thousand men on account of the wors.h.i.+p of the calf (Ex.

32), the priest Phinees slew the Israelite who went in to the woman of Madian (Num. 25), Samuel killed Agag king of Amalec (1 Kings 15), Elias slew the priests of Baal (3 Kings 18), Mathathias killed the man who went up to the altar to sacrifice (1 Mac. 2); and, in the New Testament, Peter killed Ananias and Saphira (Acts 5). Therefore it seems that even clerics may kill evil-doers.

Obj. 2: Further, spiritual power is greater than the secular and is more united to G.o.d. Now the secular power as "G.o.d's minister"

lawfully puts evil-doers to death, according to Rom. 13:4. Much more therefore may clerics, who are G.o.d's ministers and have spiritual power, put evil-doers to death.

Obj. 3: Further, whosoever lawfully accepts an office, may lawfully exercise the functions of that office. Now it belongs to the princely office to slay evildoers, as stated above (A. 3). Therefore those clerics who are earthly princes may lawfully slay malefactors.

_On the contrary,_ It is written (1 Tim. 3:2, 3): "It behooveth ...

a bishop to be without crime [*Vulg.: 'blameless.' 'Without crime' is the reading in t.i.t. 1:7] ... not given to wine, no striker."

_I answer that,_ It is unlawful for clerics to kill, for two reasons.

First, because they are chosen for the ministry of the altar, whereon is represented the Pa.s.sion of Christ slain "Who, when He was struck did not strike [Vulg.: 'When He suffered, He threatened not']" (1 Pet. 2:23). Therefore it becomes not clerics to strike or kill: for ministers should imitate their master, according to Ecclus. 10:2, "As the judge of the people is himself, so also are his ministers." The other reason is because clerics are entrusted with the ministry of the New Law, wherein no punishment of death or of bodily maiming is appointed: wherefore they should abstain from such things in order that they may be fitting ministers of the New Testament.

Reply Obj. 1: G.o.d works in all things without exception whatever is right, yet in each one according to its mode. Wherefore everyone should imitate G.o.d in that which is specially becoming to him. Hence, though G.o.d slays evildoers even corporally, it does not follow that all should imitate Him in this. As regards Peter, he did not put Ananias and Saphira to death by his own authority or with his own hand, but published their death sentence p.r.o.nounced by G.o.d. The Priests or Levites of the Old Testament were the ministers of the Old Law, which appointed corporal penalties, so that it was fitting for them to slay with their own hands.

Reply Obj. 2: The ministry of clerics is concerned with better things than corporal slayings, namely with things pertaining to spiritual welfare, and so it is not fitting for them to meddle with minor matters.

Reply Obj. 3: Ecclesiastical prelates accept the office of earthly princes, not that they may inflict capital punishment themselves, but that this may be carried into effect by others in virtue of their authority.

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FIFTH ARTICLE [II-II, Q. 64, Art. 5]

Whether It Is Lawful to Kill Oneself?

Objection 1: It would seem lawful for a man to kill himself. For murder is a sin in so far as it is contrary to justice. But no man can do an injustice to himself, as is proved in _Ethic._ v, 11.

Therefore no man sins by killing himself.

Obj. 2: Further, it is lawful, for one who exercises public authority, to kill evil-doers. Now he who exercises public authority is sometimes an evil-doer. Therefore he may lawfully kill himself.

Obj. 3: Further, it is lawful for a man to suffer spontaneously a lesser danger that he may avoid a greater: thus it is lawful for a man to cut off a decayed limb even from himself, that he may save his whole body. Now sometimes a man, by killing himself, avoids a greater evil, for example an unhappy life, or the shame of sin. Therefore a man may kill himself.

Obj. 4: Further, Samson killed himself, as related in Judges 16, and yet he is numbered among the saints (Heb. 11). Therefore it is lawful for a man to kill himself.

Obj. 5: Further, it is related (2 Mac. 14:42) that a certain Razias killed himself, "choosing to die n.o.bly rather than to fall into the hands of the wicked, and to suffer abuses unbecoming his n.o.ble birth." Now nothing that is done n.o.bly and bravely is unlawful.

Therefore suicide is not unlawful.

_On the contrary,_ Augustine says (De Civ. Dei i, 20): "Hence it follows that the words 'Thou shalt not kill' refer to the killing of a man--not another man; therefore, not even thyself. For he who kills himself, kills nothing else than a man."

_I answer that,_ It is altogether unlawful to kill oneself, for three reasons. First, because everything naturally loves itself, the result being that everything naturally keeps itself in being, and resists corruptions so far as it can. Wherefore suicide is contrary to the inclination of nature, and to charity whereby every man should love himself. Hence suicide is always a mortal sin, as being contrary to the natural law and to charity. Secondly, because every part, as such, belongs to the whole. Now every man is part of the community, and so, as such, he belongs to the community. Hence by killing himself he injures the community, as the Philosopher declares (Ethic.

v, 11). Thirdly, because life is G.o.d's gift to man, and is subject to His power, Who kills and makes to live. Hence whoever takes his own life, sins against G.o.d, even as he who kills another's slave, sins against that slave's master, and as he who usurps to himself judgment of a matter not entrusted to him. For it belongs to G.o.d alone to p.r.o.nounce sentence of death and life, according to Deut. 32:39, "I will kill and I will make to live."

Reply Obj. 1: Murder is a sin, not only because it is contrary to justice, but also because it is opposed to charity which a man should have towards himself: in this respect suicide is a sin in relation to oneself. In relation to the community and to G.o.d, it is sinful, by reason also of its opposition to justice.

Reply Obj. 2: One who exercises public authority may lawfully put to death an evil-doer, since he can pa.s.s judgment on him. But no man is judge of himself. Wherefore it is not lawful for one who exercises public authority to put himself to death for any sin whatever: although he may lawfully commit himself to the judgment of others.

Reply Obj. 3: Man is made master of himself through his free-will: wherefore he can lawfully dispose of himself as to those matters which pertain to this life which is ruled by man's free-will. But the pa.s.sage from this life to another and happier one is subject not to man's free-will but to the power of G.o.d. Hence it is not lawful for man to take his own life that he may pa.s.s to a happier life, nor that he may escape any unhappiness whatsoever of the present life, because the ultimate and most fearsome evil of this life is death, as the Philosopher states (Ethic. iii, 6). Therefore to bring death upon oneself in order to escape the other afflictions of this life, is to adopt a greater evil in order to avoid a lesser. In like manner it is unlawful to take one's own life on account of one's having committed a sin, both because by so doing one does oneself a very great injury, by depriving oneself of the time needful for repentance, and because it is not lawful to slay an evildoer except by the sentence of the public authority. Again it is unlawful for a woman to kill herself lest she be violated, because she ought not to commit on herself the very great sin of suicide, to avoid the lesser sin of another. For she commits no sin in being violated by force, provided she does not consent, since "without consent of the mind there is no stain on the body," as the Blessed Lucy declared. Now it is evident that fornication and adultery are less grievous sins than taking a man's, especially one's own, life: since the latter is most grievous, because one injures oneself, to whom one owes the greatest love.

Moreover it is most dangerous since no time is left wherein to expiate it by repentance. Again it is not lawful for anyone to take his own life for fear he should consent to sin, because "evil must not be done that good may come" (Rom. 3:8) or that evil may be avoided especially if the evil be of small account and an uncertain event, for it is uncertain whether one will at some future time consent to a sin, since G.o.d is able to deliver man from sin under any temptation whatever.

Reply Obj. 4: As Augustine says (De Civ. Dei i, 21), "not even Samson is to be excused that he crushed himself together with his enemies under the ruins of the house, except the Holy Ghost, Who had wrought many wonders through him, had secretly commanded him to do this." He a.s.signs the same reason in the case of certain holy women, who at the time of persecution took their own lives, and who are commemorated by the Church.

Reply Obj. 5: It belongs to fort.i.tude that a man does not shrink from being slain by another, for the sake of the good of virtue, and that he may avoid sin. But that a man take his own life in order to avoid penal evils has indeed an appearance of fort.i.tude (for which reason some, among whom was Razias, have killed themselves thinking to act from fort.i.tude), yet it is not true fort.i.tude, but rather a weakness of soul unable to bear penal evils, as the Philosopher (Ethic. iii, 7) and Augustine (De Civ. Dei 22, 23) declare.

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SIXTH ARTICLE [II-II, Q. 64, Art. 6]

Whether It Is Lawful to Kill the Innocent?

Objection 1: It would seem that in some cases it is lawful to kill the innocent. The fear of G.o.d is never manifested by sin, since on the contrary "the fear of the Lord driveth out sin" (Ecclus. 1:27).

Now Abraham was commended in that he feared the Lord, since he was willing to slay his innocent son. Therefore one may, without sin, kill an innocent person.

Obj. 2: Further, among those sins that are committed against one's neighbor, the more grievous seem to be those whereby a more grievous injury is inflicted on the person sinned against. Now to be killed is a greater injury to a sinful than to an innocent person, because the latter, by death, pa.s.ses forthwith from the unhappiness of this life to the glory of heaven. Since then it is lawful in certain cases to kill a sinful man, much more is it lawful to slay an innocent or a righteous person.

Obj. 3: Further, what is done in keeping with the order of justice is not a sin. But sometimes a man is forced, according to the order of justice, to slay an innocent person: for instance, when a judge, who is bound to judge according to the evidence, condemns to death a man whom he knows to be innocent but who is convicted by false witnesses; and again the executioner, who in obedience to the judge puts to death the man who has been unjustly sentenced.

_On the contrary,_ It is written (Ex. 23:7): "The innocent and just person thou shalt not put to death."

_I answer that,_ An individual man may be considered in two ways: first, in himself; secondly, in relation to something else. If we consider a man in himself, it is unlawful to kill any man, since in every man though he be sinful, we ought to love the nature which G.o.d has made, and which is destroyed by slaying him. Nevertheless, as stated above (A. 2) the slaying of a sinner becomes lawful in relation to the common good, which is corrupted by sin. On the other hand the life of righteous men preserves and forwards the common good, since they are the chief part of the community. Therefore it is in no way lawful to slay the innocent.

Reply Obj. 1: G.o.d is Lord of death and life, for by His decree both the sinful and the righteous die. Hence he who at G.o.d's command kills an innocent man does not sin, as neither does G.o.d Whose behest he executes: indeed his obedience to G.o.d's commands is a proof that he fears Him.