§ 1. On Domestic Thefts

907. In domestic thefts, i.e. of children, wives, and servants, more is required for grave matter than in thefts of strangers. - The reason is that, with respect to those persons, the owner is less unwilling, or at least less reasonably unwilling.

Often also he is unwilling more as regards the mode, i.e. that the thing is taken secretly; or as regards the end, for example that it is taken for playing, drinking, etc.; than as regards the substance of the thing stolen (H. Ap., l.c., n. 32).

1. A child under paternal power sins gravely by stealing a quantity twice greater than that which for strangers would constitute grave sin.

Nevertheless less is required if the father is tenacious, if the son has not yet reached adolescence, if the money is spent for dishonorable uses (III, n. 543).

Note. a) A son more often sins gravely by abuse of money than by thefts. b) Even if the theft was grave, the son is not held to restitution if he has already consumed it: because the father is presumed to condone it. Except if from the adjuncts something else is certain, or if co-heirs have been gravely injured (Conf. dir., X, 14). Cf. Lugo, disp. 16, n. 76. - c) As regards members of a religious community, the rule established for children under paternal power cannot be applied: for their condition is not the same, whether with respect to their Superiors, who are not judged to condone as easily as parents, or with respect to the goods themselves, which will never be handed over to religious to possess. See IV, 24; Lugo, de Just., disp. 3, n. 172.

2. A wife sins gravely (in almost the same mode as a son), if she steals a notable sum, while the husband is unwilling, even from dowry or common goods; because although the half part looks to her, nevertheless the husband has the usufruct of that part.

Note, however, that one must act more mildly with wives if the things taken away are expended for the use of the family or relatives. See other things in n. 870.

3. Servants by stealing sin unequally: a) If they steal foods that are not accustomed to be carefully guarded, they sin only venially, provided they do not sell them or carry them outside, and provided they do not take them in extraordinary quantity, or things of extraordinary price. - b) But if they steal other things, for example money, clothing, linen things, etc., no greater quantity is required for grave sin than in thefts of strangers; because owners are not less unwilling toward them than toward others. Indeed, such thefts, by law, are to be punished with a greater penalty, on account of the perfidy that is committed against owners, who entrust domestic things to servants (cf. n. 705).⁰¹