Summa Theologiae Moralis, vol. I: De Principiis
Benedictus Henricus Merkelbach (1871–1942)
Summa Theologiae Moralis ad mentem D. Thomae et ad normam iuris novi
First published 1935
Volume I (De principiis) of Benedictus Henricus Merkelbach's Summa theologiae moralis sets out the foundations of Catholic moral theology within a Thomistic framework. It treats human acts, conscience, law, sin, and merit in relation to the canon law of its period. The present edition follows the Paris text published by Desclée de Brouwer in 1935 and includes the Latin text with an English translation. It comprises the first volume of the three-volume Summa.
Prologus
Introductio I: Theologia Moralis Generalis: Introductio
Tractatus I: Tractatus de ultimo actu humanorum fine seu de beatitudine
Introductio
Quaestio I: DE FINE ULTIMO IN COMMUNI
Quaestio II: DE BEATITUDINE OBIECTIVA
Quaestio III: DE BEATITUDINE FORMALI
Quaestio IV: DE QUALITATIBUS BEATITUDINIS
Quaestio V: DE MODO OBTINENDI BEATITUDINEM
Tractatus II: De actibus humanis in se
Introductio
Pars I: De actibus humanis secundum esse materiale et psychologicum
§ I: De conditione actuum humanorum
Caput I: De elemento subiectivo actus humani
Quaestio I: De voluntario
Articulus I: De voluntario in se
Articulus II: De voluntario tum positivo et directo, tum negativo et indirecto
Articulus III: De voluntario in se et in causa
Quaestio II: De impedimentis voluntarii seu de involuntario
Articulus I: De violentia
Articulus II: De metu
Articulus III: De concupiscentia
Articulus IV: De ignorantia
Quaestio III: De libero
Quaestio IV: De impedimentis liberi
Articulus I: De passionibus
Articulus II: De habitu et consuetudine
Articulus III: De impedimentis liberi remotioribus
Caput II: De elemento obiectivo actus humani
Quaestio I: De elemento essentiali seu obiecto
Quaestio II: De elemento accidentali seu de circumstantiis
§ II: De distinctione actuum humanorum
Quaestio I: De actibus elicitis
Quaestio II: De actibus imperatis
Pars II: De actibus humanis secundum esse morale
§ I: De moralitate actus humani in genere
Quaestio I: De essentia et speciebus moralitatis
Quaestio II: De fundamentis moralitatis
Articulus I: De intrinseca differentia boni inter et mali
Articulus II: De norma moralitatis
Articulus III: De fundamento obiectivo moralitatis
Articulus IV: De falsis systematibus circa fundamenta moralitatis
Articulus V: De facultate apprehensiva moralitatis
Quaestio III: De principiis seu fontibus moralitatis
Quaestio IV: De distinctione specifica inter actum bonum et malum
Quaestio V: De distinctione specifica inter varios actus bonos vel malos
Articulus I: De obiecto
Articulus II: De circumstantiis
Articulus III: De fine
§ II: De moralitate actuum humanorum in specie
Quaestio I: De bonitate et malitia actus interioris
Quaestio II: De bonitate et malitia actus exterioris
Quaestio III: De bonitate et malitia effectus externi
Quaestio IV: De bonitate et malitia passionum
Quaestio V: De bonitate et malitia circumstantiarum
Pars III: De actibus humanis secundum esse supernaturale et meritorium
Quaestio I: De merito praesertim supernaturali
Quaestio II: De conditionibus meriti supernaturalis
Tractatus III: De conscientia in generali
Introductio
Quaestio I: De conscientia morali secundum se in esse psychologico
Quaestio II: De conscientia prout est regula actuum moralium
Articulus I: De rectitudine conscientiae
Articulus II: De conscientiae certitudine
Quaestio III: De conscientia christiana prout est regula actuum supernaturalium
Tractatus IV: De legibus in genere
Introductio
§ I: De lege secundum esse psychologicum
Pars I: De lege in genere
Quaestio I: De ipsa lege in se
Articulus I: De essentia legis
Articulus II: De promulgatione legis
Quaestio II: De distinctione legum
Quaestio III: De effectibus legis
Articulus I: De vi directivâ seu obligatione legis
Articulus II: De vi coactivâ seu sanctione legis
Pars II: De lege aeterna quae est fundamentum omnis legis
Quaestio I: De essentia legis aeternae
Quaestio II: De potestate legis aeternae
Quaestio III: De mutabilitate legis aeternae
§ I: De legibus quae regunt actus morales
Pars III: De lege naturali
Quaestio I: De essentia legis naturalis
Quaestio II: De potestate legis naturalis
Articulus I: De vi directivâ seu obligatione legis naturalis
Articulus II: De vi coactivâ seu sanctione legis naturalis
Quaestio III: De mutabilitate legis naturalis
Quaestio IV: De Lege Humana in Se
Articulus I: De Auctore legis civilis
Articulus II: De Qualitate legis humanae
Articulus III: De Efformatione legis humanae
Articulus IV: De Divisione legis humanae
Quaestio V: De Potestate Legis Humanae
Articulus I: De Materia legis humanae
Articulus II: De Obligatione legis humanae
Articulus III: De Subditis legis civilis
Articulus IV: De Impletione et Interpretatione legis humanae
Quaestio VI: De Mutabilitate Legis Humanae
Caput I: De Lege Vetere
Quaestio I: De Lege Vetere Secundum Se
Quaestio II: De Potestate Legis Veteris
Quaestio III: De Mutabilitate Veteris Legis
Caput II: De Lege Nova
Quaestio I: De Essentia Legis Novae
Quaestio II: De Potestate Legis Novae
Quaestio III: De Lege Ecclesiastica Secundum Se
Articulus I: De Auctore legis ecclesiasticae
Articulus II: De Materia et Qualitate legis ecclesiasticae
Articulus III: De Efformatione legis ecclesiasticae
Articulus IV: De Divisione legis ecclesiasticae
Quaestio IV: De Potestate seu Obligatione Legis Ecclesiasticae
Articulus I: De Quantitate seu Gravitate Obligationis
Articulus II: De Qualitate et Extensione Obligationis legis praeceptivae
Articulus III: De Qualitate et Extensione Obligationis legis poenalis
Articulus IV: De Qualitate et Extensione Obligationis legis irritantis
Articulus V: De Subditis legis ecclesiasticae
Articulus VI: De Impletione legis ecclesiasticae
Articulus VII: De Interpretatione legis ecclesiasticae
Quaestio V: De Mutabilitate Legis Ecclesiasticae
Articulus I: De Ignorantia
Articulus II: De Impotentia
Articulus III: De Dispensatione
Articulus IV: De privilegio
Articulus V: De cessatione finis
Articulus VI: De abrogatione et derogatione
Articulus VII: De consuetudine
Tractatus V: De peccatis in genere
Introductio I: De Peccatis in Genere
Quaestio I: De essentia peccati
Articulus I: De notione et conditionibus peccati
Articulus II: De peccato omissionis negative voluntario
Articulus III: De peccato commissionis externo, indirecte aut in causa voluntario
Articulus IV: De elementis constitutivis peccati
Articulus V: De definitione peccati
Quaestio II: De distinctione peccatorum
Articulus I: De distinctione specifica
Articulus II: De distinctione numerica
Quaestio III: De comparatione et gravitate peccatorum
Quaestio IV: De subiecto peccati
Articulus I: De motibus seu peccatis sensualitatis
Articulus II: De consensu in delectationem seu de delectatione morosa
Articulus III: De consensu in actum seu de desiderio et gaudio
Pars I: De causis peccatorum
Quaestio I: De causis peccati interioribus
Articulus I: De ignorantia causa peccati ex parte rationis
Articulus II: De passione causa peccati ex parte appetitus sensitivi
Articulus III: De malitia causa peccati ex parte voluntatis
Quaestio II: De causis peccatorum exterioribus
Articulus I: De deo permittente
Articulus II: De diabolo tentante
Articulus III: De homine cooperante
Quaestio III: De peccato quod est causa alterius peccati
Articulus I: De modo quo unum peccatum alterum causat
Articulus II: De superbia et inani gloria
Articulus III: De avaritia
Articulus IV: De luxuria et gula
Articulus V: De invidia et ira
Articulus VI: De acedia
Pars II: De effectibus peccatorum
Quaestio I: De diminutione boni naturae
Quaestio II: De reatu culpae seu macula peccati
Quaestio III: De reatu poenae
Quaestio IV: De peccato mortali et veniali
Articulus I: De differentia inter peccatum mortale et veniale
Articulus II: De gravitate peccati mortalis
Articulus III: De conditionibus ad peccatum mortale requisitis
Articulus IV: De divisione peccati mortalis et venialis
Articulus V: De conversione peccati mortalis et venialis
Articulus VI: De peccato veniali secundum se
Tractatus VI: De habitibus et virtutibus in genere
Introductio I: De Habitibus et Virtutibus in Genere
Pars I: De habitibus in genere secundum esse psychologicum
Quaestio I: De essentia habitus
Quaestio II: De subiecto habitus
Quaestio III: De causa habituum
Quaestio IV: De distinctione habituum
Pars II: De habitibus secundum esse morale seu de virtutibus acquisitis
Quaestio I: De essentia virtutis
Quaestio II: De subiecto virtutis
Quaestio III: De distinctione virtutum
Articulus I: De virtutibus intellectualibus
Articulus II: De virtutibus moralibus
Articulus III: De virtutibus cardinalibus
Quaestio IV: De proprietatibus virtutum
Articulus I: De medio virtutis
Articulus II: De connexione virtutum
Articulus III: De aequalitate virtutum
Articulus IV: De duratione virtutum
Pars III: De habitibus secundum esse supernaturale seu de virtutibus infusis
Quaestio I: De existentia et essentia infusorum habituum ac virtutum
Quaestio II: De distinctione infusorum habituum et virtutum
Articulus I: De virtutibus theologicis
Articulus II: De virtutibus moralibus
Articulus III: De donis spiritus sancti
Quaestio III: De causa infusorum habituum et virtutum
Quaestio IV: De proprietatibus infusorum habituum et virtutum
Articulus I: De medio virtutum infusarum
Articulus II: De connexione habituum infusorum
Articulus III: De aequalitate habituum infusorum
Articulus IV: De duratione habituum infusorum
Tractatus VII: De fide divina
Introductio
Quaestio I: De Obiecto Formali Fidei
Quaestio II: De Obiecto Materiali Fidei
Articulus I: De obiecto materiali in se
Articulus II: De conditionibus ad obiectum materiale requisitis
Articulus III: De evolutione obiecti materialis
Articulus IV: De ecclesia proponente obiectum fidei
Pars I: De Actu Fidei
Caput I: De Actu Fidei Interiore
Quaestio I: De Essentia Actus Fidei
Quaestio II: De Analysi Actus Fidei
Articulus I: De ipso actu fidei
Articulus II: De ipso credulitatis affectu
Articulus III: De iudicio credibilitatis seu de praeambulis fidei
Quaestio III: De Necessitate Fidei
Caput II: De Actu Fidei Exteriore seu de Eius Confessione
Pars II: De Habitu Fidei
Quaestio I: De Ipsa Fide
Articulus I: De fide in ordine ad subiectum spectata
Articulus II: De fide spectata relative ad virtutes supernaturales
Articulus III: De fide spectata relative ad habitus intellectuales
Quaestio II: De habentibus fidem
Quaestio III: De causa et effectibus fidei
Quaestio IV: De donis fidei correspondentibus
Pars III: De vitiis et peccatis fidei oppositis
Quaestio I: De peccatis directe oppositis fidei
Articulus I: De infidelitate
Articulus II: De haeresi et apostasia
Quaestio II: De peccatis indirecte oppositis fidei
Articulus I: De communicatione cum infidelibus et haereticis
Articulus II: De cooperatione ad infidelitatem et haeresim
Articulus III: De lectione et evulgatione scriptorum prohibitorum
Articulus IV: De admissione vel professione doctrinae quae pro fide est periculosa
Quaestio III: De blasphemia quae opponitur confessioni fidei
Pars IV: De praecepto fidei
Quaestio I: Quaestio unica
Tractatus VIII: De spe divina
Introductio
Pars I: De obiecto et actu spei
Quaestio I: De obiecto formali spei
Quaestio II: De obiecto materiali spei
Quaestio III: De necessitate spei
Pars II: De habitu et subiecto spei
Quaestio I: De spe ut est virtus
Quaestio II: De subiecto spei
Quaestio III: De timore dei
Pars III: De peccatis spei oppositis
Quaestio I: De desperatione
Quaestio II: De praesumptione
Pars IV: De praecepto spei
Quaestio I: De Praecepto Spei
Tractatus IX: De divina charitate
Introductio I: De Divina Charitate
Pars I: De ipsa charitate
Quaestio I: De essentia charitatis
Quaestio II: De excellentia charitatis
Articulus I: De excellentia charitatis in se
Articulus II: De excellentia charitatis relative ad alias virtutes
Quaestio III: De charitate quoad subiectum spectata
Articulus I: De subiecto et generatione charitatis
Articulus II: De augmento charitatis
Articulus III: De diminutione et amissione charitatis
Pars II: De obiecto charitatis
Quaestio I: De obiecto formali
Quaestio II: De obiecto materiali charitatis
Articulus I: De diligendis ex charitate generatim
Articulus II: De diligendo deo
Articulus III: De diligendo seipso
Articulus IV: De peccatoribus diligendis
Articulus V: De inimicis diligendis
Quaestio III: De ordine charitatis
Articulus I: De ordine inter deum et nos
Articulus II: De ordine inter nos et proximum
Articulus III: De ordine inter varios proximos
Pars III: De actibus charitatis
Quaestio I: De actu proprio seu dilectione
Quaestio II: De effectibus internis charitatis
Quaestio III: De actu charitatis externo seu beneficentia
Articulus I: De eleemosyna corporali
Articulus II: De eleemosyna spirituali seu correptione fraterna
Pars IV: De peccatis charitati oppositis
Quaestio I: De odio quod opponitur dilectioni
Quaestio II: De peccatis oppositis gaudio
Articulus I: De acedia
Articulus II: De invidia
Quaestio III: De peccatis oppositis paci
Quaestio IV: De peccatis oppositis beneficentiae
957. Scandal is opposed to beneficence. — There are many sins which are opposed to beneficence, most of which inflict injury on him or co-operate in it, and therefore harm justice; against charity especially is scandal. Which word etymologically signifies an obstacle, and is taken actively for the placing of an obstacle in the way against which the foot striking is disposed to fall or ruin; and passively for the very striking against the obstacle or wounding of the foot. Hence in the theological sense, actively it is the placing of an action which disposes someone to spiritual ruin; passively it is the very fall or spiritual ruin on account of another's action.
In the theological sense therefore scandal is not that which in common speech is so called, namely rumor, or wonder, or horror and indignation at another's sin; but grave suspicions, and rash judgments, detraction, calumnies arisen about the people, — indeed also delectation or approval or consent in sin, although these latter in common speech are not scandal.
Articulus I: De scandalo activo
S. Th. II-II, q. 43, a. 1-6.
958. Active scandal is defined: a word or deed less right giving occasion of spiritual ruin. It is called
1° word or deed, not however desired, because a merely internal sin cannot give another occasion of sinning. Since however affirmation and negation are reduced to the same genus, therefore under the name of word or deed omission also comes: not said, not done;
2° less right, i.e. which according to itself is evil or at least has the appearance of evil; as if one speaks of base things in the presence of a young person, or for a just cause eats meat on Friday in the presence of others who do not know, or works on the Lord's day: for nothing disposes to spiritual ruin except inasmuch as it has a defect of rectitude, because what is properly right rather guards man against a fall than induces him to ruin;
3° giving occasion of spiritual ruin, both a) because scandal is not the efficient cause of another's sin, but this is only the will itself, and b) because for scandal it is not enough that one sins in the presence of others (for scandal does not fall upon a perfect man nor upon one altogether wicked1), nor is it required that the ruin of the neighbor in fact follow, but that occasion be given him, i.e. that the action either always or in these circumstances of itself be apt to move him to commit sin. But if the action of itself does not move, but accidentally because of it someone is moved to sin from his own disposition, it will not be active scandal, but only passive (a. 1, ad 4).
959. Active scandal is a mortal sin. — It is proved:*:
a) From the words of Christ, Mt. XVIII, 6-7: "Woe to that man through whom scandal comes" (Rom. XIV, 13, 20; I Cor. VIII, 13).
b) From reason: Charity obliges under grave obligation (by affirmative precept) to correct the neighbor and to prevent him from falling into sin; therefore much more (by negative precept) not to impel him to sin by counsel or example.
It is mortal of its genus; because it can be venial not only from imperfection of the act, but also from smallness of matter, if another is induced only to venial sin, even if this is formally intended.
Moreover the sin of scandal is so much the graver as the ruin of the neighbor is greater, and as it is more intended, and as it follows more from our action (e.g. given in the presence of a young person or by a priest), and as the persons moved to sin are more numerous.
960. Active scandal is divided by reason of efficacy: into direct, when one is the true moral cause of the neighbor's sin, which is done by command, counsel, seduction, praise, petition to commit sin, etc.; — and indirect, when one places a less right action which is only a probable occasion of sinning for the neighbor, as is a bad example2.
direct, when one is the true moral cause of the neighbor's sin, which is done by command, counsel, seduction, praise, petition to commit sin, etc.;—and indirect, when one places a less right action which is only a probable occasion of sinning for the neighbor, as is a bad example.
Direct scandal is sin not only against charity but also against the virtue to the violation of which one induces the neighbor; indirect scandal is sin, but probably against charity alone. Hence if by command, counsel, etc. one has brought someone to mortal sin e.g. to adultery, the species of the sin to which he has led him, in this case adultery, is to be declared in confession; on the contrary if by bad example alone one has scandalized, it suffices to confess: I gave grave scandal. The reason is because every virtue obliges not only not to be violated by oneself but also not to be the cause and positively procure that it be violated by others; but it is not proved also to oblige not to give another the mere occasion of violating it, nor to prevent its violation. And surely the sin of another (directly and per se) cannot be imputed to us unless we are its cause; whence he who has only given another occasion of stealing (by example or intemperance) is not bound in solidum to restitution, and this is a sign that he has not sinned against justice. And similarly of other virtues3.
961. Active scandal is divided by reason of intention: into directly or explicitly intended, whether it be formally and per se intended (as end), if one explicitly intends the sin of neighbor inasmuch as it is sin (which is called diabolical scandal), or whether it be simply intended (as means), if one explicitly intends the sin of neighbor for one's own utility or pleasure; — and implicit or interpretative, if one does not intend the sin of another but only places a less right action, from which it can probably be feared that another may be drawn to sin4.
But just as someone by internal act alone can sin, not indeed by the sin of scandal, but by the desire or affect of scandal, so also by internal act one can more desire the sin of another than procure it by external scandal. Hence if one directly and explicitly intends to procure the sin of another by only indirect scandal, as if by bad example alone he explicitly intends to lead another to lust, he indeed sins by desire or affect against the virtue (e.g. chastity) which he intends to be violated, which is to be declared in confession; but the external sin of scandal as being indirect is against charity alone.
But if one formally with diabolical intention intends the sin of the neighbor, he commits a special (i.e. distinct in species) and gravest sin against charity toward the neighbor, directly opposed to fraternal correction, by which he explicitly intends as end the special and gravest harm of the neighbor which is spiritual ruin; the active end however of human acts gives the species. Otherwise the notion of scandal is as a circumstance changing the species of another sin.
962. There is an obligation of repairing active scandal, as far as possible: for if each one out of charity is bound to prevent the fall of another and to procure the amendment of the sinner (or of the erring), a fortiori he who has given scandal has been the occasion why another sinned. The obligation arises from charity alone because to one knowing and willing no injury is done; not however from justice or office, unless someone has used unjust means, e.g. fraud, force, fear, or unless a superior has given scandal to subjects whose spiritual good, by virtue of his office, he must safeguard.
As to the manner of reparation: 1° Scandal indirect, given by example alone, is to be repaired implicitly, namely by ceasing from scandal, by good example, by public reception of the sacraments, by prayer for the scandalized one, etc.
2° Scandal direct, given by evil counsel, false doctrine, bad books, machination against the Church, etc., must be repaired explicitly, so that first its further influence be removed, and then the harm caused be compensated so that the one who suffered the scandal be recalled to good. Thus evil counsel and false doctrine must be revoked, machination against the Church must be publicly detested, the diffusion of bad books must be prevented as far as possible, and good books must be written or spread.
3° Hence public scandal is also to be repaired publicly, both so that its further influence be removed, and so that the reparation, that they may be warned of the evil, be known to all and be profitable.
The manner of public reparation can be various: either a retraction written out is published through public papers, or it is done before witnesses and the matter is afterwards made known, or it is done before the parish priest and afterwards made known; the sinner is bound to have satisfied all, provided it suffices to remove the scandal. Since however the sacraments cannot be ministered to the unworthy, it is clear that one who has not removed public scandal is not to be publicly admitted to the sacraments; indeed the minister would commit scandal, because he would give occasion for judging that the sacraments are ministered to the unworthy and scandalous actions are tacitly approved. Thus a public concubinary is bound to first leave the shameful commerce and its occasion before he publicly receives the sacraments. — In practice it belongs to confessors, parish priests, bishops to determine the suitable manner of reparation.
963. Remarks. — 1. It can happen that a sin grave in itself is venial scandal, e.g. if your grave theft is an occasion for another to commit light theft. Conversely a sin light in itself can be grave scandal of disobedience or irreverence or injury or unchastity, e.g. if a religious utters a less honest word in the presence of women or of those who can therefrom take occasion of sinning mortally, or if a priest retains a suspect person at home.
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Scandal can contain several other added malice, either because of the quality of the scandalizing person, e.g. if a father scandalizes children, a superior subjects, a teacher disciples; for these are bound not only out of charity but also by office to prevent the ruin of their subjects; or because of the quality of the scandalized person, as if one directly induces to base things a married person, or one bound by vow of chastity; or because of the manner in which it is committed, if unjust means such as violence or threats are employed.
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"A deed is not scandal because another begins to suspect or think ill of such a man, because he does not sin if he suspects on sufficient indications. It is otherwise however, if he begins to think ill of the Catholic faith, clergy, religious order, or to be less inclined to piety" (S. Alph., l. II, n. 44, 6°). For it makes no difference whether one gives occasion by sin to sins of the same species, or to sins of a different species. Hence those who are of greater authority, or piety, or repute more easily give scandal.
Articulus II: De scandalo passivo
S. Th. II-II, q. 43, a. 1, 2, 3, 7, 8.
964. Passive scandal or occasioned is sin because it is the very spiritual ruin of a neighbor on the occasion of another's word or deed; but it is not a special sin because from another's word or deed occasion is taken according to any genus of sin and it has no special deformity.
Passive scandal is 1) accepted because given, if the sin of the neighbor truly arises from another's word or deed, or from active scandal; or 2) accepted only, when the sin of the neighbor does not truly arise from another's word or deed, but either a) from the sole malice of the sinner (e.g. from exercises of piety or virtue), and then it is Pharisaic, or b) from his sole ignorance or infirmity, and then it is the scandal of the little ones or of the infirm (e.g. from a woman honestly adorned). Hence S. Thomas notes that sometimes there is passive scandal without active, as Pharisaic; sometimes active without passive, as when one induces another to sin and he does not consent; sometimes active with passive, if from the inducement or bad example of one another sins.
965. Obligation of avoiding passive scandal. — From the law of charity by which we are bound to do good to our neighbor, there is also an obligation, grave of its genus, of avoiding passive scandal, i.e. of omitting those things from which the neighbor will take occasion of sin, whenever there is not sufficient reason for performing the act and permitting the spiritual ruin of the neighbor.
A so much greater cause is required as a graver sin is feared, and as it is more easily and certainly foreseen to follow, and as more are to be scandalized. Hence:
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it is generally illicit to ask, counsel, command, etc. a work which, although it can be done by another without sin, this one however will not do it without sin either certainly or probably, e.g. an oath from one who will perjure; — unless there is a just cause of necessity or utility, e.g. in case by a judge;
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a greater cause is required for a cleric to be the occasion of sin and to permit it, than for a layman to permit the same; a greater cause for permitting the scandal of the little ones than the Pharisaic;
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it is lawful only for the gravest necessity to do a work however otherwise good, which is of itself very inductive to sin, e.g. to bathe or swim naked in public, to exercise the conjugal act publicly; — and if a great multitude of men is feared to be induced to grave sins, even sometimes it must be omitted with the loss of life: namely to avoid a grave necessity of many.
966. Principles and Practical Rules. — Therefore to avoid passive scandal, certain things are to be omitted. And indeed:
I. To avoid scandal accepted because given:
a) Always to be omitted is every work that actively scandalizes, if it is evil.
b) Also in general to be omitted is a work that has only the appearance of evil, unless there is an urgent and grave reason.
This reason ordinarily sufficiently removes the scandal; but if it does not suffice for this, then the occasion of ruin must be removed, as far as is in the power of the agent, e.g. by admonition made to the neighbor about the rectitude of the action because of dispensation, excusing cause, etc.: thus a priest dispensed eating meat on a forbidden day, — or frequenting a suspect person for counsel or administration of sacraments. And if active scandal, i.e. the appearance of evil, cannot be sufficiently removed, one must abstain from the work, whatever some moderns may seem to assert, for S. Thomas says, a. 2: "Active scandal is always a sin in him who scandalizes: because either the work itself which he does is sin; or even if it has the appearance of sin, it must be left always for the charity of the neighbor, from which each one is bound to provide for the salvation of his neighbor: and so he who does not leave off acts against charity".
II. To avoid the scandal of the little ones:
a) Never must nor can be omitted things necessary for salvation (the reception of Baptism or of true faith), nor precepts of the natural law, whether negative (not to lie), or affirmative if the law urges here and now (the precept of confession of faith or of penance), because it is not lawful to do intrinsically evil things that good may come.
b) Precepts of positive law certainly are not to be often omitted, because this would be a grave inconvenience to which charity does not oblige; but probably they are to be omitted once or twice, grave inconvenience being excluded, because the precept of avoiding scandal which is of natural law in itself urges more than positive precepts.
Examples are in S. Alphonsus, l. II, n. 52: "A sin by which you know the confessor is to be gravely scandalized in confession, although from infirmity, you must keep silent... A wife must once or twice omit the fast, from which the husband would be gravely offended, and discord would arise... If, going to Mass, a grave quarrel or fight would be stirred up, you are not bound to go... A superior can dissemble the sins of a subject to avoid disturbances and greater evils which otherwise he would be bound to punish". So also a woman knowing herself to be evilly desired by a certain man, if she would go to Mass on Sunday, could once or twice abstain from the sacred action1.
c) Works of counsel or indifferent, provided they can be done without great inconvenience, are to be omitted once or twice, or concealed, or delayed for some time until the reason for the work has been rendered to the neighbor; but if after admonition the scandal remains, it is judged Pharisaic.
Hence entry into religion is to be deferred because of the scandal of relatives, if their consent is soon hoped for; one can however rightly enter, if, good motives having been proposed, they continue to resist; — likewise a woman knowing herself to be evilly desired by a certain man, should several times either abstain from hearing Mass not of precept, or lay aside an honest adornment, or not offer herself at the window, or abstain from walking or take another way to flee his sight; — a fortiori she could not be excused from mortal sin, if led by vanity, although she does not intend the scandal of that man, she of set purpose offers herself to his sight, or if she sought some place, which she would not go to, unless she knew her lover was to be there.
III. To avoid Pharisaic scandal:
a) Ordinarily good works are not to be omitted, because thus
the wicked would have occasion to maliciously impede the good, unless however from the delay fruit is hoped for, or there is no cause for doing the work immediately, or the evil feared is far greater than the good that would be obtained by the work, as if a very grave sin were feared in the article of death, or many would sin: thus the punishment of a sinner is sometimes to be left, if schism is feared.
b) Indifferent works are to be omitted, unless there is a just cause, which need not be very grave, e.g. a priest can for a light cause pass by a way where malicious enemies of religious who blaspheme are met.
c) Works of precept cannot be omitted, e.g. a parish priest cannot omit those things which are necessary for the preservation of the goods of the church, because of lawsuits; he is however bound to admonish.
967. Remark. — Temporal goods 1) are not to be given up because of Pharisaic scandal, because thus the wicked would have occasion to plunder, which would harm the common good, and also the plunderers themselves who would remain in sin by retaining another's goods. Hence no one is bound to pay more to a worker because he foresees that he will blaspheme, nor a parish priest to give up his stole fees to prevent the detractions of parishioners, because it is a grave inconvenience for himself and his successors.
- But for the scandal of the little ones one's own temporal goods are either to be given up, by bestowing them or not demanding them back, provided the sin which is prevented is grave and the loss is light, because the spiritual good of the neighbor is to be preferred to one's own temporal; — or the scandal is to be removed by a charitable admonition or instruction, which admonition having been made, if it persists, it is judged Pharisaic. But the goods of another are not to be given up except by consent of the owner at least reasonably presumed.
Articulus III: De quibusdam scandalis in specie
S. Th. II-II, q. 78, a. 4; q. 98, a. 4; q. 169, a. 2.
That the aforesaid doctrine on scandal may be better understood and easily applied in practice, it is best to apply it to some special cases and determined examples more frequently occurring, so that it may be expressed in more concrete rules, whether general or special.
968. General rules on the guilt of scandal.
I. He is guilty of active scandal, and indeed always, who asks, counsels, commands, etc. a work which cannot be done by another without sin, even if this one is ready to sin, because it is intrinsically evil as directly inducing to sin or at least to the exercise and continuation of sin.
Thus he who asks from an excommunicated priest to be avoided the sacraments, or from a priest lacking jurisdiction absolution, from an infidel to swear by false gods, from a usurer to lend with unjust usury, from a notary or keeper what is against his office, from a prostitute fornication, from a man an onanistic copulation, etc. However
a) he who asks, counsels, commands, etc. a work which indeed can be done by another without sin but which certainly or probably will not be done by him without sin, e.g. a loan from a usurer, is not guilty of active scandal, although he may sin against charity by reason of passive scandal, as will be said below under II., and is clear from n° 965;
b) if someone is already prepared to commit a grave evil, and cannot be diverted from his purpose (otherwise the persuasion would not be good), it is lawful to provide him the occasion of a lesser evil and to permit this, indeed probably and to advise but chiefly that which is less, unless however an unjust harm to a third party would follow. For it is not to seek evil but good, namely the choice of a lesser evil; to draw back from a greater evil and to propose conditionally the lesser;
c) he who sins with an accomplice is probably not bound explicitly to confess the sin of scandal of which he has become guilty by seduction, because the other party by consenting is guilty of scandal of the same species; whence he sufficiently accuses the scandal by confessing the sin committed with the accomplice.
II. He is guilty of passive scandal generally who asks, counsels, commands, etc. a work which indeed can be done by another without sin but which the other certainly or probably will not do without sin. It is excepted if it is done for a sufficiently grave cause.
Hence out of necessity or sufficiently great utility it is lawful to ask the sacraments from a sacrilegious priest, especially if he is the parish priest; to borrow from a usurer, an oath from one about to swear by false gods; and a wife out of danger of incontinence can ask from an onanistic husband (who does not complete the copulation) the conjugal debt.
III. Likewise he is guilty of passive scandal generally who of set purpose places something which will be an occasion of sin for another. It is excepted if it is done for a just and proportioned cause, provided the action does not actively induce to sin and is indifferent.
Hence it is lawful for the father of a family of set purpose not to remove or even to provide for children or servants prone or ready for theft the mere occasion of sinning (e.g. by exposing money or keys or leaving open the chest in which money is kept), not intending but permitting one theft so that more are avoided; likewise for the keepers of fields, vineyards, forests to hide themselves so that the damaging ones are caught and the punished are turned away from further damage, not however for the sole purpose of catching someone from whom to receive a fine or inflict punishment; likewise for a husband to provide a suspect wife the mere occasion of adultery to correct her, or to catch her, or to prove her unfaithfulness.
969. Examples of active scandal. — Of active scandal are to be held guilty, and gravely so:
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Those who keep the custom of blaspheming, especially in the presence of younger people, especially if in the presence of children.
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Those who, having heard grave detraction, report the matter to others: for hence arise hatreds and quarrels.
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Those who, without matrimonial end, are messengers of love to some woman, whether married or unmarried; thus servants and household members sin who lend assistance to children of the family in fostering base loves.
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Those who write, publish, spread, sell indiscriminately to all or hand over to others to be read books and other writings of harmful reading.
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Those who compose, spread, or publicly sing base songs or poems.
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Those who introduce in schools a pernicious manner of teaching, or pernicious books. Without scandal anatomical or surgical books or even books of pagan authors not sufficiently expurgated cannot be put in the hands of the pious.
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Those who institute and prolong, whether in clear words, or in equivocal ones (sufficiently understood by the hearers) truly lascivious speeches (e.g. about the matrimonial act, about base ways of preventing generation, about things seen and done in brothels) especially in the presence of persons of the other sex or in the presence of young people or innocent children; — otherwise if jocosely said among themselves by common people, reapers, ploughers and other workers, because they are not much moved thereby.
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Clerics who retain a person suspect to the people, give occasion for sins of detraction, calumny, and contempt for the clerical state.
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Likewise wives who, by admitting charming lovers to family conversations, are an offense to their husbands and others; likewise a husband who retains a maid-servant not without reason suspect to his wife.
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Likewise per se parents and masters who permit their daughters or maid-servants conversations in hidden places with suitors and lovers; they are guilty because of their co-operation toward scandal.
970. Specifically in the matter of lust, guilty of active scandal are:
A. As to obscene images and statues, and indeed gravely sin:
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Painters, sculptors, photographers, etc. who fashion images or statues truly obscene and commonly incentives to lust; unless it is for a just cause e.g. for the study of anatomical science. Obscene however are those which intend to exhibit parts entirely unbecoming of an adult person naked or covered only with a thin veil, or which represent gravely unchaste acts, or altogether lascivious forms.
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Those who expose such images or statues in offices or in houses or gardens publicly to the eyes of all; likewise those who sell them except to those engaged in anatomical science.
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Those who spread them, carry them around or give occasion to see them.
But images of excellent art, by which the observers are most moved by the artistic manner of representing or by the idea represented rather than by the nakedness, it is lawful to preserve in collections and museums; it would however be necessary that they not be entrusted indiscriminately to all to be examined, but to those skilled in art and persons of mature age. Therefore also it seems lawful to make and reproduce the aforesaid images, and to sell them to those skilled in art or serious persons.
B. As to spectacles and dances, which per se are not illicit, although they are often an occasion of sin; whence one must dissuade from these and take care not to introduce them:
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The authors and actors of comedies gravely sin in which no respect is shown for virtue or good morals or religion, or of very base theatrical dances in which because of unbecoming dress, obscene ways of dancing, or lascivious gesticulations or contacts great indecency appears.
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Likewise those who at their homes conduct very base and lascivious dances, as are usually the gatherings called masked balls.
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Likewise those who promote or approve them with much money or applause.
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Likewise musicians who cooperate with their music, or masters and inhabitants by renting the place, unless for a graver cause, e.g. by reason of grave harm.
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Indeed those who assist at or take part in such things, unless they are not moved to sin thereby and are not a scandal by bad example to others.
C. As to the granting or procuring of a place for sinning:
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Innkeepers most gravely sin who provide secret rooms for lust; likewise a private person who grants a place to those asking to sin, unless perhaps, says Lehmkuhl, there is a quite grave necessity, in which case he should still manifest his displeasure.
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To rent a house to prostitutes (also to usurers) in villages and small towns is illicit; but in large cities, in which to avoid a greater evil prostitutes are to be permitted, it is not illicit (especially if other renters are lacking), unless this would gravely harm neighbors, or by reason of the location there would be a special facility for sin such that seductions and sins would multiply, or there would be grave scandal to others, as often easily happens.
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Drivers who carry others to a brothel are not excused by reason of the pay, but only for grave harm to be avoided e.g. if they fear being dismissed, not easily finding another master, or if by civil precept they are bound to drive travelers wherever they wish. They can never lend assistance to lead anyone more safely or secretly, or to one who does not know indicate where the brothel is; unless perhaps for the greatest harm (cfr. n. 492, B).
D. As to concubinage and merely civil marriage, see our work De Variis Peccatis in sacramentali confessione medendis, c. II, § B, q. 2, n. V-VIII.
E. As to the adornment of women will be spoken in tr. on Temperance, where of modesty.