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Summa Theologiae · II-II, q. 62, a. 8

Whether a Man Is Bound to Immediate Restitution, or May He Put It Off?

Thomas Aquinas, Summa Theologiae, Second Part of the Second Part, question 62, Of Restitution, article 8. About 2 min.

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Text: Summa Theologiae, Project Gutenberg #18755, Second Part of the Second Part (Secunda Secundae), translated by the Fathers of the English Dominican Province. The Second Part of the Second Part of the Summa in the English Dominican translation (first printed 1911 to 1925; second and revised edition from 1920). A sample check on 2026-11-09 against pre-1931 printings at the Internet Archive (first printings of 1915 and 1916 and the second and revised edition of the 1920s) found that the article text matches, with no 1947 introduction, synopsis, or index. Question and article numbers were added by the transcriber. Rights: Public domain (US)

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Objection 1: It would seem that a man is not bound to immediate restitution, and can lawfully delay to restore. For affirmative precepts do not bind for always. Now the necessity of making restitution is binding through an affirmative precept. Therefore a man is not bound to immediate restitution.

Obj. 2: Further, no man is bound to do what is impossible. But it is sometimes impossible to make restitution at once. Therefore no man is bound to immediate restitution.

Obj. 3: Further, restitution is an act of virtue, viz. of justice. Now time is one of the circumstances requisite for virtuous acts. Since then the other circumstances are not determinate for acts of virtue, but are determinable according to the dictate of prudence, it seems that neither in restitution is there any fixed time, so that a man be bound to restore at once.

On the contrary, All matters of restitution seem to come under one head. Now a man who hires the services of a wage-earner, must not delay compensation, as appears from Lev. 19:13, "The wages of him that hath been hired by thee shall not abide with thee until the morning." Therefore neither is it lawful, in other cases of restitution, to delay, and restitution should be made at once.

I answer that, Even as it is a sin against justice to take another's property, so also is it to withhold it, since, to withhold the property of another against the owner's will, is to deprive him of the use of what belongs to him, and to do him an injury. Now it is clear that it is wrong to remain in sin even for a short time; and one is bound to renounce one's sin at once, according to Ecclus. 21:2, "Flee from sin as from the face of a serpent." Consequently one is bound to immediate restitution, if possible, or to ask for a respite from the person who is empowered to grant the use of the thing.

Reply Obj. 1: Although the precept about the making of restitution is affirmative in form, it implies a negative precept forbidding us to withhold another's property.

Reply Obj. 2: When one is unable to restore at once, this very inability excuses one from immediate restitution: even as a person is altogether excused from making restitution if he is altogether unable to make it. He is, however, bound either himself or through another to ask the person to whom he owes compensation to grant him a remission or a respite.

Reply Obj. 3: Whenever the omission of a circumstance is contrary to virtue that circumstance must be looked upon as determinate, and we are bound to observe it: and since delay of restitution involves a sin of unjust detention which is opposed to just detention, it stands to reason that the time is determinate in the point of restitution being immediate.

Also online, linked only: the same translation at New Advent and the Latin text at Corpus Thomisticum. Neither is copied here.

Source: Thomas Aquinas. Summa Theologica, Second Part of the Second Part. Project Gutenberg #18755. Project Gutenberg record. Public domain in the USA. Outside the U.S., check local copyright rules. Project Gutenberg notices retained. The full Project Gutenberg license is kept in the hosted text.