Thomas Aquinas - Summa Theologica, Part II-II (Secunda Secundae)

Obj. 3: Further, greater evils should be avoided more than lesser evils. Now it is less sinful to keep back another's property than to commit murder, of which a man is guilty if he fails to succor one who is in extreme need, as appears from the words of Ambrose who says (Cf. Canon Pasce dist. lxxxvi, whence the words, as quoted, are taken): "Feed him that dies of hunger, if thou hast not fed him, thou hast slain him". Therefore, in certain cases, it is lawful to give alms of ill-gotten goods.

On the contrary, Augustine says (De Verb. Dom. xxxv, 2): "Give alms from your just labors. For you will not bribe Christ your judge, not to hear you with the poor whom you rob . . . Give not alms from interest and usury: I speak to the faithful to whom we dispense the Body of Christ."

I answer that, A thing may be ill-gotten in three ways. In the first place a thing is ill-gotten if it be due to the person from whom it is gotten, and may not be kept by the person who has obtained possession of it; as in the case of rapine, theft and usury, and of such things a man may not give alms since he is bound to restore them.

Secondly, a thing is ill-gotten, when he that has it may not keep it, and yet he may not return it to the person from whom he received it, because he received it unjustly, while the latter gave it unjustly. This happens in simony, wherein both giver and receiver contravene the justice of the Divine Law, so that restitution is to be made not to the giver, but by giving alms. The same applies to all similar cases of illegal giving and receiving.

Thirdly, a thing is ill-gotten, not because the taking was unlawful, but because it is the outcome of something unlawful, as in the case of a woman's profits from whoredom. This is filthy lucre properly so called, because the practice of whoredom is filthy and against the Law of God, yet the woman does not act unjustly or unlawfully in taking the money. Consequently it is lawful to keep and to give in alms what is thus acquired by an unlawful action.

Reply Obj. 1: As Augustine says (De Verb. Dom. 2), "Some have misunderstood this saying of Our Lord, so as to take another's property and give thereof to the poor, thinking that they are fulfilling the commandment by so doing. This interpretation must be amended. Yet all riches are called riches of iniquity, as stated in De Quaest. Ev. ii, 34, because "riches are not unjust save for those who are themselves unjust, and put all their trust in them. Or, according to Ambrose in his commentary on Luke 16:9, "Make unto yourselves friends," etc., "He calls mammon unjust, because it draws our affections by the various allurements of wealth." Or, because "among the many ancestors whose property you inherit, there is one who took the property of others unjustly, although you know nothing about it," as Basil says in a homily (Hom. super Luc. A, 5). Or, all riches are styled riches "of iniquity," i.e., of "inequality," because they are not distributed equally among all, one being in need, and another in affluence.

Reply Obj. 2: We have already explained how alms may be given out of the profits of whoredom. Yet sacrifices and oblations were not made therefrom at the altar, both on account of the scandal, and through reverence for sacred things. It is also lawful to give alms out of the profits of simony, because they are not due to him who paid, indeed he deserves to lose them. But as to the profits from games of chance, there would seem to be something unlawful as being contrary to the Divine Law, when a man wins from one who cannot alienate his property, such as minors, lunatics and so forth, or when a man, with the desire of making money out of another man, entices him to play, and wins from him by cheating. In these cases he is bound to restitution, and consequently cannot give away his gains in alms. Then again there would seem to be something unlawful as being against the positive civil law, which altogether forbids any such profits. Since, however, a civil law does not bind all, but only those who are subject to that law, and moreover may be abrogated through desuetude, it follows that all such as are bound by these laws are bound to make restitution of such gains, unless perchance the contrary custom prevail, or unless a man win from one who enticed him to play, in which case he is not bound to restitution, because the loser does not deserve to be paid back: and yet he cannot lawfully keep what he has won, so long as that positive law is in force, wherefore in this case he ought to give it away in alms.

Reply Obj. 3: All things are common property in a case of extreme necessity. Hence one who is in such dire straits may take another's goods in order to succor himself, if he can find no one who is willing to give him something. For the same reason a man may retain what belongs to another, and give alms thereof; or even take something if there be no other way of succoring the one who is in need. If however this be possible without danger, he must ask the owner's consent, and then succor the poor man who is in extreme necessity. _______________________

EIGHTH ARTICLE [II-II, Q. 32, Art. 8]

Whether One Who Is Under Another's Power Can Give Alms?

Objection 1: It would seem that one who is under another's power can give alms. For religious are under the power of their prelates to whom they have vowed obedience. Now if it were unlawful for them to give alms, they would lose by entering the state of religion, for as Ambrose [*The quotation is from the works of Ambrosiaster. Cf. Index to ecclesiastical authorities quoted by St. Thomas] says on 1 Tim. 4:8: "'Dutifulness [Douay: 'godliness'] is profitable to all things': The sum total of the Christian religion consists in doing one's duty by all," and the most creditable way of doing this is to give alms. Therefore those who are in another's power can give alms.

Obj. 2: Further, a wife is under her husband's power (Gen. 3:16). But a wife can give alms since she is her husband's partner; hence it is related of the Blessed Lucy that she gave alms without the knowledge of her betrothed [* Sponsus. The matrimonial institutions of the Romans were so entirely different from ours that sponsus is no longer accurately rendered either "husband" or "betrothed."] Therefore a person is not prevented from giving alms, by being under another's power.

Obj. 3: Further, the subjection of children to their parents is founded on nature, wherefore the Apostle says (Eph. 6:1): "Children, obey your parents in the Lord." But, apparently, children may give alms out of their parents' property. For it is their own, since they are the heirs; wherefore, since they can employ it for some bodily use, it seems that much more can they use it in giving alms so as to profit their souls. Therefore those who are under another's power can give alms.

Obj. 4: Further, servants are under their master's power, according to Titus 2:9: "Exhort servants to be obedient to their masters." Now they may lawfully do anything that will profit their masters: and this would be especially the case if they gave alms for them. Therefore those who are under another's power can give alms.

On the contrary, Alms should not be given out of another's property; and each one should give alms out of the just profit of his own labor as Augustine says (De Verb. Dom. xxxv, 2). Now if those who are subject to anyone were to give alms, this would be out of another's property. Therefore those who are under another's power cannot give alms.

I answer that, Anyone who is under another's power must, as such, be ruled in accordance with the power of his superior: for the natural order demands that the inferior should be ruled according to its superior. Therefore in those matters in which the inferior is subject to his superior, his ministrations must be subject to the superior's permission.