Summa Theologiae Moralis, vol. I: De Principiis

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:

1. Those who keep the custom of blaspheming, especially in the presence of younger people, especially if in the presence of children.

2. Those who, having heard grave detraction, report the matter to others: for hence arise hatreds and quarrels.

3. 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.

4. Those who write, publish, spread, sell indiscriminately to all or hand over to others to be read books and other writings of harmful reading.

5. Those who compose, spread, or publicly sing base songs or poems.

6. 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.

7. 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.

8. Clerics who retain a person suspect to the people, give occasion for sins of detraction, calumny, and contempt for the clerical state.

9. 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.

10. 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:

1. 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.

2. 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.

3. 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:

1. 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.

2. Likewise those who at their homes conduct very base and lascivious dances, as are usually the gatherings called masked balls.

3. Likewise those who promote or approve them with much money or applause.

4. 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.

5. 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:

1. 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.

2. 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.

3. 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.