Whether It Is Lawful to Steal Through Stress of Need?
Objection 1: It would seem unlawful to steal through stress of need.
For penance is not imposed except on one who has sinned. Now it is
stated (Extra, De furtis, Cap. Si quis): "If anyone, through stress
of hunger or nakedness, steal food, clothing or beast, he shall do
penance for three weeks." Therefore it is not lawful to steal through
stress of need.
Obj. 2: Further, the Philosopher says (Ethic. ii, 6) that "there are
some actions whose very name implies wickedness," and among these he
reckons theft. Now that which is wicked in itself may not be done for
a good end. Therefore a man cannot lawfully steal in order to remedy
a need.
Obj. 3: Further, a man should love his neighbor as himself. Now,
according to Augustine (Contra Mendac. vii), it is unlawful to steal
in order to succor one's neighbor by giving him an alms. Therefore
neither is it lawful to steal in order to remedy one's own needs.
_On the contrary,_ In cases of need all things are common property,
so that there would seem to be no sin in taking another's property,
for need has made it common.
_I answer that,_ Things which are of human right cannot derogate from
natural right or Divine right. Now according to the natural order
established by Divine Providence, inferior things are ordained for
the purpose of succoring man's needs by their means. Wherefore the
division and appropriation of things which are based on human law, do
not preclude the fact that man's needs have to be remedied by means
of these very things. Hence whatever certain people have in
superabundance is due, by natural law, to the purpose of succoring
the poor. For this reason Ambrose [*Loc. cit., A. 2, Obj. 3] says,
and his words are embodied in the Decretals (Dist. xlvii, can. Sicut
ii): "It is the hungry man's bread that you withhold, the naked man's
cloak that you store away, the money that you bury in the earth is
the price of the poor man's ransom and freedom."
Since, however, there are many who are in need, while it is
impossible for all to be succored by means of the same thing, each
one is entrusted with the stewardship of his own things, so that out
of them he may come to the aid of those who are in need.
Nevertheless, if the need be so manifest and urgent, that it is
evident that the present need must be remedied by whatever means be
at hand (for instance when a person is in some imminent danger, and
there is no other possible remedy), then it is lawful for a man to
succor his own need by means of another's property, by taking it
either openly or secretly: nor is this properly speaking theft or
robbery.
Reply Obj. 1: This decretal considers cases where there is no urgent
need.
Reply Obj. 2: It is not theft, properly speaking, to take secretly
and use another's property in a case of extreme need: because that
which he takes for the support of his life becomes his own property
by reason of that need.
Reply Obj. 3: In a case of a like need a man may also take secretly
another's property in order to succor his neighbor in need.
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