SE. Still I should like you, who say that you are under no obligation, to answer me this. The good health, the happiness, and the inheritance of a son are connected with his father; his father will be more happy if he keeps his son safe, and more unhappy if he loses him. What follows, then? when a man is made happier by me and is freed from the greatest danger of unhappiness, does he not receive a benefit?
AD. No, because there are some things which are bestowed upon others, and yet flow from them so as to reach ourselves; yet we must ask the person upon whom it was bestowed for repayment; as for example, money must be sought from the man to whom it was lent, although it may, by some means, have come into my hands. There is no benefit whose advantages do not extend to the receiver's nearest friends, and sometimes even to those less intimately connected with him; yet we do not enquire whither the benefit has proceeded from him to whom it was first given, but where it was first placed. You must demand repayment from the defendant himself personally.
SE. Well, but I pray you, do you not say, "you have preserved my son for me; had he perished, I could not have survived him?" Do you not owe a benefit for the life of one whose safety you value above your own? Moreover, should I save your son's life, you would fall down before my knees, and would pay vows to heaven as though you yourself had been saved; you would say, "It makes no difference whether you have saved mine or me; you have saved us both, yet me more than him." Why do you say this, if you do not receive a benefit?
A.D. Because, if my son were to contract a loan, I should pay his creditor, yet I should not, therefore, be indebted to him; or if my son were taken in adultery, I should blush, yet I should not, therefore, be an adulterer. I say that I am under an obligation to you for saving my son, not because I really am, but because I am willing to constitute myself your debtor of my own free will. On the other hand I have derived from his safety the greatest possible pleasure and advantage, and I have escaped that most dreadful blow, the loss of my child. True, but we are not now discussing whether you have done me any good or not, but whether you have bestowed a benefit upon me; for animals, stones, and herbs can do one good, but do not bestow benefits, which can only be given by one who wishes well to the receiver. Now you do not wish well to the father, but only to the son; and sometimes you do not even know the father. So when you have said, "Have I not bestowed a benefit upon the father by saving the son?" you ought to meet this with, "Have I, then, bestowed a benefit upon a father whom I do not know, whom I never thought of?" And what will you say when, as is sometimes the case, you hate the father, and yet save his son? Can you be thought to have bestowed a benefit upon one whom you hated most bitterly while you were bestowing it?
However, if I were to lay aside the bickering of dialogue, and answer you as a lawyer, I should say that you ought to consider the intention of the giver, you must regard his benefit as bestowed upon the person upon whom he meant to bestow it. If he did it in honour of the father, then the father received the benefit; if he thought only of the son, then the father is not laid under any obligation: by the benefit which was conferred upon the son, even though the father derives pleasure from it. Should he, however, have an opportunity, he will himself wish to give you something, yet not as though he were forced to repay a debt, but rather as if he had grounds for beginning an exchange of favours. No return for a benefit ought to be demanded from the father of the receiver; if he does you any kindness in return for it, he should be regarded as, a righteous man, but not as a grateful one. For there is no end to it; if I bestow a benefit on the receiver's father, do I likewise bestow it upon his mother, his grandfather, his maternal uncle, his children, relations, friends, slaves, and country? Where, then, does a benefit begin to stop? for there follows it this endless chain of people, to whom it is hard to assign bounds, because they join it by degrees, and are always creeping on towards it.
XX. A common question is, "Two brothers are at variance. If I save the life of one, do I confer a benefit upon the other, who will be sorry that his hated brother did not perish?" There can be no doubt that it is a benefit to do good to a man, even against that man's will, just as he, who against his own will does a man good, does not bestow a benefit upon him. "Do you," asks our adversary, "call that by which he is displeased and hurt a benefit?" Yes; many benefits have a harsh and forbidding appearance, such as cutting or burning to cure disease, or confining with chains. We must not consider whether a man is grieved at receiving a benefit, but whether he ought to rejoice: a coin is not bad because it is refused by a savage who is unacquainted with its proper stamp. A man receives a benefit even though he hates what is done, provided that it does him good, and that the giver bestowed it in order to do him good. It makes no difference if he receives a good thing in a bad spirit. Consider the converse of this. Suppose that a man hates his brother, though it is to his advantage to have a brother, and I kill this brother, this is not a benefit, though he may say that it is, and be glad of it. Our most artful enemies are those whom we thank for the wrongs which they do us.
"I understand; a thing which does good is a benefit, a thing which does harm is not a benefit. Now I will suggest to you an act which neither does good nor harm, and yet is a benefit. Suppose that I find the corpse of some one's father in a wilderness, and bury it, then I certainly have done him no good, for what difference could it make to him in what manner his body decayed? Nor have I done any good to his son, for what advantage does he gain by my act?" I will tell you what he gains. He has by my means performed a solemn and necessary rite; I have performed a service for his father which he would have wished, nay, which it would have been his duty to have performed himself. Yet this act is not a benefit, if I merely yielded to those feelings of pity and kindliness which would make me bury any corpse whatever, but only if I recognized this body, and buried it, with the thought in my mind that I was doing this service to the son; but, by merely throwing earth over a dead stranger, I lay no one under an obligation for an act performed on general principles of humanity.
It may be asked, "Why are you so careful in inquiring upon whom you bestow benefits, as though some day you meant to demand repayment of them? Some say that repayment should never be demanded; and they give the following reasons. An unworthy man will not repay the benefit which he has received, even if it be demanded of him, while a worthy man will do so of his own accord. Consequently, if you have bestowed it upon a good man, wait; do not outrage him by asking him for it, as though of his own accord he never would repay it. If you have bestowed it upon a bad man, suffer for it, but do not spoil your benefit by turning it into a loan. Moreover the law, by not authorizing you, forbids you, by implication, to demand the repayment of a benefit." All this is nonsense. As long as I am in no pressing need, as long as I am not forced by poverty, I will lose my benefits rather than ask for repayment; but if the lives of my children were at stake, if my wife were in danger, if my regard for the welfare of my country and for my own liberty were to force me to adopt a course which I disliked, I should overcome my delicacy, and openly declare that I had done all that I could to avoid the necessity of receiving help from an ungrateful man; the necessity of obtaining repayment of one's benefit will in the end overcome one's delicacy about asking for it. In the next place, when I bestow a benefit upon a good man, I do so with the intention of never demanding repayment, except in case of absolute necessity.
XXI. "But," argues he, "by not authorizing you, the law forbids you to exact repayment." There are many things which are not enforced by any law or process, but which the conventions of society, which are stronger than any law, compel us to observe. There is no law forbidding us to divulge our friend's secrets; there is no law which bids us keep faith even with an enemy; pray what law is there which binds us to stand by what we have promised? There is none. Nevertheless I should remonstrate with one who did not keep a secret, and I should be indignant with one who pledged his word and broke it. "But," he argues, "you are turning a benefit into a loan." By no means, for I do not insist upon repayment, but only demand it; nay, I do not even demand it, but remind my friend of it. Even the direst need will not bring me to apply for help to one with whom I should have to undergo a long struggle.
If there be any one so ungrateful that it is not sufficient to remind him of his debt, I should pass him over, and think that he did not deserve to be made grateful by force. A money-lender does not demand repayment from his debtors if he knows they have become bankrupt, and, to their shame, have nothing but shame left to lose; and I, like him, should pass over those who are openly and obstinately ungrateful, and would demand repayment only from those who were likely to give it me, not from those from whom I should have to extort it by force.