§ 2. On Small Thefts

908. Theft light of itself can in many ways become grave (cf. n. 905), but especially: 1. through intention of arriving at grave matter; - 2. through grave damage coming from a light theft; - 3. through conspiracy; - 4. through multiplication.

I. Through intention of arriving at grave matter the thief sins gravely, for example a merchant using false weights, as often as by stealing some very small thing he renews, at least implicitly, his purpose.⁰² The reason is that an external act takes its malice from the internal act, which is gravely sinful. - Say the same concerning him who steals a small quantity with the mind of taking away a notable quantity if he could. But he is held to restitution only under light matter, because the matter is not grave.

II. Through grave damage, which the thief foresaw would come from his light theft, he likewise sins gravely. Thus, for example, to take away a needle from a tailor can be grave matter, if he could not have another by which he would be able to procure a living for himself (H. Ap., X, 22).

He who takes away from an owner a small thing very dear to him, for example a rare and singular flower, first fruits from a tree destined for honoring some distinguished man, and at the same time foresees that the owner will be gravely afflicted from such a loss, sins gravely against charity; but against justice lightly, unless perhaps grave damage is foreseen as to follow from it.

III. Through conspiracy, little thefts are committed when several persons, by common counsel and consent, at the same time or successively, steal some small thing from one or several. - Now, little thefts of this kind are grave sins if, taken together, they constitute matter either relatively or absolutely grave: for then the individual thieves truly and efficaciously cooperate in the whole damage.

We said: by common counsel, because if individuals act independently of one another, whether they were ignorant of, or knew, the damage inflicted by others, then none of them is the cause of the whole grave damage (III, 535 seqq.).

If several, moved by mutual example, commit light thefts, the individuals sin against charity by reason of scandal (and indeed they sin gravely if the total damage is grave, and they could easily have impeded it); but more probably they are not held to restitution solidarily as regards the whole; because example is not a cause directly influencing another's damage, but only an occasion (cf. n. 949, 2nd Cond., and 989). Nevertheless each one, as is clear, is held as regards his own part (III, 537; II, 45).

IV. Through multiplication, light thefts can coalesce into grave matter and induce a grave obligation of restoring.

Light thefts can coalesce physically or morally. Physically, if the things are preserved, so that the heap becomes grave matter. Morally, if the things are indeed consumed, but the thefts are repeated within a brief interval of time. For small little thefts ordinarily an interval of 15-30 days, for greater little thefts an interpolation of two months, prevents the little thefts from coalescing morally (III, 530).

The assertion is proved. 1. It is certain from the thirty-eighth proposition condemned by Innocent XI. - 2. As regards little thefts physically coalescing (whether they injure one or several), there can be a physical union, one heap, from which the thief is enriched unjustly and beyond measure. - As regards little thefts morally coalescing, there is something one in the genus of morals, from which notable damage can arise for a private person, or, if diverse persons have been injured, notable damage for the community and right order. Lugo, l.c., n. 37.

Note. The matter required in small thefts, that it become grave, is not always the same: 1. If they happen to the same person at diverse times, or to diverse persons (if they are few) at the same time, the matter is grave if it exceeds by half the sum commonly required for grave theft. - 2. If they happen to a few diverse persons by diverse occasions, the matter is judged of itself grave if it is twice greater than the sum commonly required for grave theft. - 3. Finally, if they happen to diverse persons in a great number, absolutely grave matter is required, or twice greater than absolutely grave, according as the thefts were committed once or by diverse occasions (III, 530). Cf. Lehmkuhl, I, 1115.

909. It is asked: Whether he sins gravely who, after grave matter has been completed, steals still some other light thing?

Resp. It is disputed. The more probable opinion, however, denies, unless, an interruption having been made, for example by the will of restoring, the thief reaches, or intends to reach, another new grave quantity. The reason is that the little theft with respect to taking is certainly light; but with respect to detention it seems to constitute one sin with the preceding: for sin is not multiplied when the purpose of not restoring is renewed or confirmed, but only when it is morally interrupted, as we said in the treatise on Sins (n. 328, Rule 3). Cf. III, 538.

910. From these things you will resolve: 1. Tailors, and their servants, sin gravely against justice, where they reach grave matter, by retaining for themselves or selling fragments of cloth still useful to the owners, which remain over. - Except if somewhere

a custom flourishes that less is paid, and the fragments remain to the tailors; or if it is certain that wealthy owners do not wish fragments to be restored to themselves, or care little about them.

2. Those who dig coal are prohibited from carrying it away for their own use unless a certain price has been paid. - Nevertheless, those who sometimes carry away coals necessary for their family, although they are to be reproved, do not seem to be compelled to restitution; for in mines there is so great an abundance of coals that owners are scarcely to be judged altogether unwilling, and ordinarily they do not employ solicitude to detect thieves of this kind. - It must be said otherwise concerning those who frequently do this, or take away a great quantity of coals deposited on the banks of rivers or elsewhere (Konings, 703, 8).

3. Those who cut wood in the forests of their own community (or neighboring community) do not sin, nor are they held to restitution, unless they make great destruction with damage to the community; because a law strictly prohibiting every cutting of wood is judged to be penal: hence only the penalty is to be paid, and indeed after the sentence of a judge. - But otherwise in the forests of private persons, unless the matter concerns some rather small tree, or dried woods, for which the owner's consent can be presumed (III, 529, q. 1). - As regards the poor, it is certain that they can gather dried woods not only for burning, but also for selling, if they are in grave necessity. Cf. Gopfert, II, n. 148, where there are many things.

4. Those who eat fruits in the vineyards or orchards of others can easily be excused, provided they carry nothing outside, and the fruits are not rare and of great price. That this is probably licit is gathered from Deut., 23, 24 (likewise Luke, 6, 1), and from the law of charity which among Christians mitigates the rigor of right. - This at least is certain, "that in thefts of exposed things, as are fruits beside roads and woods in forests, that the theft be grave, greater matter is required" (H. Ap., X, 23). Yet we would add this: that the value of fruits, even exposed ones, in the common estimation, has much increased today.

911. Note. The confessor, in small thefts, indeed ought not to urge restitution, yet neither should he easily dissimulate, but according to the condition and capacity of persons should always enjoin some restitution, to be made to the creditors themselves or to the poor. For otherwise, when they are dismissed with impunity, penitents become more prone to little thefts of this kind, and they make a step toward greater ones (Lessius, l. 2, c. 12, n. 50; Ami du Cl., 1903, p. 97).