ARTICLE I: ON THE NATURE OF THEFT

693. Definition. - Theft, taken generically, is the taking away of another's thing while the owner is reasonably unwilling.

Division. - Theft is thus distinguished:

1° Theft simply, if it is done secretly. - 2° Robbery, if it is done while the owner is positively resisting (morally or physically). - 3° Sacrilege, if it is done concerning a sacred thing.

694. Principles. - I. Theft, by whatever name it is called, is a grave sin from its kind, because of itself it is gravely opposed both to charity and to justice, and in Sacred Scripture it is numbered among the sins which exclude from the kingdom of heaven. For thus the Apostle Paul says:¹ Neither thieves, ... nor the rapacious shall possess the kingdom of God.

II. Sacrilegious theft and robbery constitute a species of malice diverse from theft: the former because besides justice it violates religion; the latter because to the unjust taking away of another's thing it adds injury inflicted upon the person. But the other modes, or the other objects of theft, do not change the species, because through them the nature of the damaging is not changed.

695. Questions. - A. Concerning theft grave of itself. - Query 1° What matter is judged grave in thefts of outsiders?

Resp. 1° According to the common opinion, this matter is not to be looked at absolutely in itself, but relatively to the various conditions and necessities of men, so that a graver matter is required for grave sin in theft against a rich man than against a poor man. The reason is that the gravity of theft, like the gravity of any injury, depends especially upon the greater or lesser privation, pain, and reluctance of the will which he from whom it is stolen suffers; but now no one fails to see that the same matter causes sadness now light, now grave, according as the owner from whom it is taken is rich or poor. - Thus commonly with S. Alph.² against some, who contend that matter, whether grave or light, must be looked at absolutely in itself, and that it consists in that which is required for the daily support of an honorable man or of one moderately rich.

Yet some absolute matter must be determined, which it is never licit to pass beyond without grave fault; otherwise, if complete proportion had to be preserved among all conditions, surely the greatest quantity would be required for grave matter when someone steals from a very rich man. But this would certainly yield to the harm of society. - Hence:

Resp. 2° According to S. Alph.,¹ and with attention to the circumstances of this region and of our times, it will be grave approximately - relatively 1) to beggars, $0.50, and less if some poor man would not collect so much daily; 2) to diggers and similar laborers, $1.00; to artisans and merchants of slender fortune, $1.25; 3) to those moderately rich or living from their own incomes, $2.00, but less if from their own they live wretchedly; but relatively to the absolutely rich, for example merchants sufficiently wealthy, $2.50 or $3.00; 4) to a wealthy community, $5.00, or even, if it is very wealthy, $7.50; 5) to the very rich, $10.00, which sum indeed can be judged absolutely grave.

In practical doubt, generally that which does not reach $2.50 or $3.00 is not to be reputed grave.

Resp. 3° The value of a sacred thing, as to the physical species estimable by price, for example of a chalice, is the same as that of a profane thing; otherwise, as in Relics, its dignity and rarity must be considered,² or the special prohibition of the Church (n. 1730).

696. • Query 2° What matter is required, so that thefts of wives, children, and servants become grave?

Resp. 1° It is certain that in thefts of a wife and of children more is required than in thefts of outsiders; because the father of the family is less unwilling, or at least less reasonably unwilling, in the former case than in the latter, and often he is unwilling more as to the mode (that it is taken secretly) than as to the substance;³ but no general rule can be assigned. For the matter must generally be defined from the various circumstances of persons or conditions. Thus S. Alph.⁴ with others resolves that a son does not sin gravely who steals two or three scuta from a rich father (today and among us, I think, he would say $10 or 15).

Resp. 2° For servants it depends also upon the greater or lesser liberality of the masters, upon the quality or situation of the thing stolen, for example if it is edible or not, guarded or open, etc. According to the common opinion, through small thefts committed by servants in foods and edible things which are not usually kept carefully, generally one does not arrive at mortal sin, provided these things are not sold or carried out of the house, or taken in extraordinary quantity, or are of extraordinary price.¹ But if servants steal money or things carefully guarded, a greater quantity is not required for grave sin, because masters then are not less unwilling toward them than toward others.

Query 3° Must the circumstance be explained by a son, that he stole from his father?

Resp. Negatively, because theft regularly is not directly and gravely opposed to piety, as for example hatred is. I say: regularly; for it is otherwise if the father would suffer much from it concerning his state. Scav.²

697. Questions. - B. Concerning theft grave by accident. - Query 4° In how many ways does theft of matter light of itself become grave by accident?

Resp. 1° By the intention of arriving at grave matter (n. 703. 2°); 2° by conspiracy, where many conspire among themselves and the little thefts of individuals gathered together constitute grave matter (n. 701. 702); 3° on account of grave damage coming to the owner from a light theft (n. 703. 3°); 4° by multiplication, concerning which in the questions n. 697-700.

Query 5° Do multiplied small thefts suffice to constitute grave matter?

Resp. 1° Affirmatively - whether it is a question of thefts committed against the same person, because united they can easily bring grave damage upon the owner; or it is a question of thefts committed to the damage of diverse persons, because, if not to individuals taken singly, certainly they bring grave damage to the community. Cf. prop. 38 condemned by Pius V.

Resp. 2° By multiplication they coalesce into grave matter either physically or morally. Physically, if they are conserved and the heap becomes grave; for then another's property is retained in a notable quantity. Morally, if indeed they are consumed, but between them there intervenes an interval which is morally or proportionately estimated as brief. - S. Alph.,³ Lugo.⁴

698. • Query 6° Do small thefts also coalesce if a great interval is placed between them?

Resp. Negatively, according to the more common opinion. The reason is that, when a great interval has been posited, small thefts are not judged to be morally united by the common estimation of men, nor therefore do they constitute one object in the genus of morals. Moreover, then grave damage inflicted upon the owner does not appear, since he can scarcely perceive it; and thus he is not judged gravely unwilling.²

Query 7° When is the interval judged great?

Resp. To S. Alphonsus³ the opinion teaching that thefts no longer coalesce beyond the space of two months is more pleasing, even if they were approaching matter as it were grave. But if it is a question of little thefts whose matter each time is very small, he considers a month or even a fortnight as a great interval. - Except, as I said above n. 697. q. 4° and 5°, if an accumulation is made or there is the intention of arriving at a grave sum.⁴

699. • Query 8° When does matter become grave in small thefts?

Resp. 1° If small thefts are made from the same person at diverse times, or by diverse persons at the same time, the matter will be grave when this exceeds by half the sum commonly required for grave theft. - Thus commonly.

Resp. 2° If small thefts are made from diverse persons, and discontinuously, grave matter of itself will be judged present when it is double the sum commonly required for grave theft.⁴

Query 9° Does retraction of the will prevent following little thefts from being united with preceding ones?

Resp. 1° Affirmatively, if the retraction was efficacious, that is, if in fact the things previously taken have been restored, because once separated they now no longer exist here and now. - Thus commonly.

Resp. 2° Again affirmatively, if the subsequent theft were done from some particular motive; for then it would not seem efficaciously to destroy the preceding will of restoring. Or even if the thief expressly and seriously proposes again at the same time to restore the things previously stolen; which, nevertheless, can scarcely be admitted in practice, since one who seriously proposes restitution does not here and now repeat thefts. - Negatively, however, where this will seems in some way to be revoked by a new theft; for in this case nothing prevents a notable sum from being retained, and the thefts coalescing into one.

700. • Query 10° Does he sin gravely who, after grave matter has been completed, still steals some light thing?

Resp. It is disputed. An opinion, very probable, denies it, the intention of arriving at a new grave sum being set aside. The reason is that that little theft does not seem to be referred to the grave sum already completed, but rather to a new one, which the thief then begins and pursues. - Thus S. Alph.¹

701. • Query 11° Does he sin gravely who by a light theft completes grave matter begun by others with the same person?

Resp. 1° Negatively, if he did not know that little thefts had been committed by others, because he is not conscious of grave damage inflicted upon the owner. - Thus all.

Resp. 2° Negatively, at least more probably, even if he knew that nearly grave damage had been perpetrated by others, nevertheless with the case of conspiracy set aside. The reason is that this man taking a little thing neither is per se the cause of grave harm, nor is he the cause that the others accepted other things. Therefore the grave damage which the owner suffers ought in no way to be imputed to him. - Nor say that such a thief sins as gravely as a murderer inflicting death by a light blow upon a man already struck by others with innumerable light wounds; for death is owed to this last wound, which otherwise would not have followed. But the matter is otherwise in the case of theft; for by the last little theft no notable calamity or damaging is added. - Lugo,² and others commonly, against Bonacina and others.

702. • Query 12° If many, without common counsel but by example, commit light thefts, so that the total damage is grave, do individuals sin gravely?

Resp. More probably negatively by reason of justice, although they can sin against charity. The reason is that example is not a per se cause, but only an occasional cause, of the damage. - Thus S. Alph.³ and others more commonly against some.

703. Resolutions. - 1° "Probably," says S. Alphonsus,¹ "those who would eat fruits in others' vineyards" or orchards, "provided they are not rare and of great price, can be excused at least from grave sin, if they do not carry them out in great quantity; for in this kind of things, which are too exposed, a greater quantity is required for constituting grave matter."

2° If a thief, intending to arrive by little thefts at a grave sum, renews this intention as often as he steals, as often as he steals he sins gravely. The reason is that the external act derives its malice from the internal act, which is gravely sinful.² Say the same of him who steals a small quantity with the intention of taking a notable quantity. Recall what was said n. 225. 8°. a).

3° He who takes from an owner a trifling thing very dear to him, for example a rare and singular flower, the first fruits from a tree destined to honor some special man, and foresees at the same time that the owner is to be gravely afflicted by such a loss, sins gravely against charity; but against justice lightly, unless perhaps grave damage seems likely to follow from it.

4° Merchants using false weights sin gravely, although each time they defraud in small matter; because they intend to arrive at grave matter, or certainly know that they will arrive at it.

5° Tailors and their servants sin lethally against justice, when by retaining for themselves or selling fragments of cloth which remain over, otherwise still useful to the owners, they have arrived at grave matter. Except unless in some place a custom prevails that less be paid and the fragments remain to the tailors; or unless it is established that wealthy owners do not wish the fragments to be restored to them, or care little about them.

6° They must be accused of theft who by deceitful beggary (not those who truly beg with exaggeration), or by going about with fabricated reasons, draw money from citizens. Yet those are not to be condemned who have a certain modest amount of money placed in a savings bank, in order to provide for old age and infirmity, lest they be forced to withdraw into a public poorhouse, or so that funeral expenses may be paid, meanwhile collecting alms from private persons whoever they may be, or from pious societies.

collecting alms, so that provision may be made for daily necessities. Indeed, that little money which they keep saved would shortly be spent, and they themselves would be a burden either to pious societies or to hospices. It must be said otherwise if they have money which is sufficient for the support of life. These things likewise can be understood of those who deposit a modest sum of money with a friend, when they betake themselves to a hospice, so that, if afterward it happens that they leave it, they may not lack every aid, or, if they die, their bodies may be committed to burial.¹

7° Concerning youths educated gratis in seminaries, or at the expense of private persons, with that hope that they will serve the ecclesiastical ministry, it must be held that they commit fraud if they enter seminaries without the intention of dedicating themselves to sacred duties, and with this purpose only, that they may be imbued with letters or indulge leisure; and therefore that they are bound to repair the damage. It is not necessary, however, that they be altogether certain of their vocation; for holy leisure is conceded to them for this reason, that they may have more mature counsel concerning so great an undertaking. But they ought neither rashly to enter nor to remain in sacred buildings after they have cast off hope and purpose. But if by their own fault they bring it about that they are held unworthy, they do not seem for that reason bound to make restitution, whenever the mind of defrauding was lacking; for donors are not to be judged to have placed the condition of restitution on account of sluggishness or other customary faults.²

8° Those who dig out coals are prohibited from carrying them away for their own use, unless a certain price has been paid; nevertheless, from the convenience of the thing, it easily happens that each one takes the coals necessary for his family. That custom indeed must be reprehended, but restitution does not seem to be exacted, since there is so great an abundance of coals there, and the owners are scarcely to be judged altogether unwilling; for they do not use solicitude to detect thieves. Those who carry away some coals for their own use from the banks of canals and rivers, where coals are deposited from boats, sin, and indeed gravely if they take a great abundance; not so if a few, especially those which lie scattered here and there. Moreover those who have been accustomed through the whole winter, or another long time, thus to take coals for themselves are guilty of grave theft, and ought to make satisfaction according to an equitable estimation of the damage. But often it is very difficult to send the price safely to the owners. The same must be said concerning those collecting wood which another cut for his own use, or carrying away what another procured for himself; for it is a grave fault of theirs to take an abundance for themselves without the owner's permission.¹