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Justinian I · The Digest of Justinian §21.1.10.pr-21.1.10.5

Defective Digits, Vision, Gait, and Definition of Disease

Passage 3024 of 9271 · Latin

Summary

The text discusses whether physical characteristics such as lost fingers, polydactyly, near-sightedness, night-blindness, speech defects, and gait abnormalities constitute a "disease" that justifies the redhibition of a sale, citing the views of Ofilius and Cato.

[IDEM libro primo ad edictum aedilium curulium. ] §21.1.10.prIdem Ofilium ait, si homini digitus sit abscisus membriue quid laceratum, quamuis consanauerit, si tamen ob eam rem eo minus uti possit, non uideri sanum esse.
[THE SAME, in the first book on the Edict of the Curule Aediles.] The same author says that Ofilius states that if a man's finger has been cut off or any part of a limb torn, although it has completely healed, if, however, because of this he is thereby less able to use it, he does not seem to be healthy.
§21.1.10.1Catonem quoque scribere lego, cui digitus de manu aut de pede praecisus sit, eum morbosum esse: quod uerum est secundum supra scriptam distinctionem.
I read that Cato also writes that he whose finger has been cut off from his hand or foot is diseased; which is true according to the distinction written above.
§21.1.10.2Sed si quis plures digitos habeat siue in manibus siue in pedibus, si nihil impeditur numero eorum, non est in causa redhibitionis: propter quod non illud spectandum est, quis numerus sit digitorum, sed an sine impedimento uel pluribus uel paucioribus uti possit.
But if anyone has more fingers, whether on his hands or feet, if he is in no way impeded by their number, there is no ground for redhibition; wherefore we must not look to what the number of fingers is, but whether he can use them without impediment, whether they are more or fewer.
§21.1.10.3De myope quaesitum est, an sanus esset: et puto eum redhiberi posse.
The question was asked about a near-sighted person, whether he was healthy; and I think he can be returned.
Sed et νυκτάλωπα §21.1.10.4morbosum esse constat, id est ubi homo neque matutino tempore uidet neque uespertino, quod genus morbi Graeci uocant νυκτάλωπα.
But also that a nyctalops is diseased is well established, that is, where a person sees neither in the morning nor in the evening, which kind of disease the Greeks call nyctalops.
Luscitionem eam esse quidam putant, ubi homo lumine adhibito nihil uidet.
Some think that this is "luscitio", where a person sees nothing when a light is brought.
§21.1.10.5Quaesitum est, an balbus et blaesus et atypus isque qui tardius loquitur et uarus et uatius sanus sit: et opinor eos sanos esse.
The question was asked whether a stammerer, a lisper, one who speaks with difficulty, one who speaks too slowly, a bow-legged person, and a knock-kneed person are healthy; and I am of the opinion that they are healthy.

Notes

  1. §21.1.10.prIdem Ofilium ait — An accusative and infinitive construction (A.C.I.) is introduced by ait, but the infinitive dependent on Ofilium (such as censere or putare) is omitted. The final clause non uideri sanum esse is a subordinate A.C.I. whose subject (an implied eum corresponding to homini in the si clause) is also omitted. It is understood as 'The same author says that Ofilius [thinks] that [such a man] does not seem to be healthy.'
  2. §21.1.10.preo minus uti possit — eo is either an ablative of measure of difference ('by so much the less') or an ablative of cause ('thereby'). Since the verb uti governs the ablative, the direct object (the finger or limb) is omitted in the ablative, while eo minus adverbially functions to mean 'less able to use it.'
  3. §21.1.10.3Sed et νυκτάλωπα — The Greek accusative singular form νυκτάλωπα (a nyctalops) is directly imported into the Latin text, and across the section break, it connects to the accusative and infinitive construction morbosum esse constat ('it is well established that... is diseased') in the next section.

Cite this passage

Justinian I, The Digest of Justinian §21.1.10.pr-21.1.10.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.1.10.pr-21.1.10.5

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