Whether Theft Is Always a Sin?
Objection 1: It would seem that theft is not always a sin. For no sin
is commanded by God, since it is written (Ecclus. 15:21): "He hath
commanded no man to do wickedly." Yet we find that God commanded
theft, for it is written (Ex. 12:35, 36): "And the children of Israel
did as the Lord had commanded Moses [Vulg.: 'as Moses had
commanded']. . . and they stripped the Egyptians." Therefore theft is
not always a sin.
Obj. 2: Further, if a man finds a thing that is not his and takes it,
he seems to commit a theft, for he takes another's property. Yet this
seems lawful according to natural equity, as the jurists hold. [*See
loc. cit. in Reply.] Therefore it seems that theft is not always a
sin.
Obj. 3: Further, he that takes what is his own does not seem to sin,
because he does not act against justice, since he does not destroy
its equality. Yet a man commits a theft even if he secretly take his
own property that is detained by or in the safe-keeping of another.
Therefore it seems that theft is not always a sin.
_On the contrary,_ It is written (Ex. 20:15): "Thou shalt not steal."
_I answer that,_ If anyone consider what is meant by theft, he will
find that it is sinful on two counts. First, because of its
opposition to justice, which gives to each one what is his, so that
for this reason theft is contrary to justice, through being a taking
of what belongs to another. Secondly, because of the guile or fraud
committed by the thief, by laying hands on another's property
secretly and cunningly. Wherefore it is evident that every theft is a
sin.
Reply Obj. 1: It is no theft for a man to take another's property
either secretly or openly by order of a judge who has commanded him
to do so, because it becomes his due by the very fact that it is
adjudicated to him by the sentence of the court. Hence still less was
it a theft for the Israelites to take away the spoils of the
Egyptians at the command of the Lord, Who ordered this to be done on
account of the ill-treatment accorded to them by the Egyptians
without any cause: wherefore it is written significantly (Wis.
10:19): "The just took the spoils of the wicked."
Reply Obj. 2: With regard to treasure-trove a distinction must be
made. For some there are that were never in anyone's possession, for
instance precious stones and jewels, found on the seashore, and such
the finder is allowed to keep [*Dig. I, viii, De divis. rerum: Inst.
II, i, De rerum divis.]. The same applies to treasure hidden
underground long since and belonging to no man, except that according
to civil law the finder is bound to give half to the owner of the
land, if the treasure trove be in the land of another person [*Inst.
II, i, 39: Cod. X, xv, De Thesauris]. Hence in the parable of the
Gospel (Matt. 13:44) it is said of the finder of the treasure hidden
in a field that he bought the field, as though he purposed thus to
acquire the right of possessing the whole treasure. On the other Land
the treasure-trove may be nearly in someone's possession: and then if
anyone take it with the intention, not of keeping it but of returning
it to the owner who does not look upon such things as unappropriated,
he is not guilty of theft. In like manner if the thing found appears
to be unappropriated, and if the finder believes it to be so,
although he keep it, he does not commit a theft [*Inst. II, i, 47].
In any other case the sin of theft is committed [*Dig. XLI, i, De
acquirend. rerum dominio, 9: Inst. II, i, 48]: wherefore Augustine
says in a homily (Serm. clxxviii; De Verb. Apost.): "If thou hast
found a thing and not returned it, thou hast stolen it" (Dig. xiv, 5,
can. Si quid invenisti).
Reply Obj. 3: He who by stealth takes his own property which is
deposited with another man burdens the depositary, who is bound
either to restitution, or to prove himself innocent. Hence he is
clearly guilty of sin, and is bound to ease the depositary of his
burden. On the other hand he who, by stealth, takes his own property,
if this be unjustly detained by another, he sins indeed; yet not
because he burdens the retainer, and so he is not bound to
restitution or compensation: but he sins against general justice by
disregarding the order of justice and usurping judgment concerning
his own property. Hence he must make satisfaction to God and endeavor
to allay whatever scandal he may have given his neighbor by acting
this way.
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