1238. Gravity of the Obligations to Give Alms.—(a) For cases of extreme and grave necessity, the obligation of almsgiving is grave. There is general agreement among theologians on this point, since the loss suffered by the neighbor is serious and the withholding of help indicates a lack of charity (I John, iii. 17). Example: The priest and the levite who passed by the wounded man on the road to Jericho were guilty, from the nature of their act, of mortal sin.
(b) For cases of common necessity, the obligation of almsgiving, as it appears, is also grave; for it seldom happens that one is called on to assist those who are in extreme or grave necessity, whereas almsgiving is inculcated as an ordinary duty, and the reasons given by our Lord in Matt., xxv. 41-46, for exclusion from heaven seem to be neglect of alms in common necessity. But some theologians hold that the obligation is only light, since the need is light; and, since these authorities are numerous and of repute, a confessor could not refuse absolution to a rich man who refused on principle to give anything to those in common necessity. Such a one should be advised, rather than reproved, on this point.
1239. From what was said above, the following conclusions may be drawn about the gravity of the sin of refusing alms: (a) It is certainly a mortal sin to refuse alms to one in extreme or grave need, and probably also a grave sin to refuse ever to give alms to those in common need, (b) It is not a mortal sin to refuse an alms in a particular case, if one is not sure of the obligation (e.g., if there is doubt about one’s ability to give the alms or the other’s need), or if it seems that others will give assistance, or that the need will disappear, or that one will suffer some serious inconvenience by giving, etc.
1240. Refusal of Alms and Restitution.—(a) The mere refusal of an alms does not oblige one to make restitution. For restitution is the giving back to another of what strictly belongs to him, and it cannot be said that a poor person has a strict right to a gift from another. A violation of charity may be gravely sinful, and yet not oblige to restitution. (b) The refusal of an alms, if joined with injustice, does oblige one to make restitution. Thus, if by threats or force one prevents a starving man from taking the food that has been denied him, injustice is committed; for in extreme necessity one has the strict right to take what is necessary, and reparation should be made if this is prevented.
1241. Alms given from ill-gotten goods are sometimes lawful, sometimes unlawful.
(a) If the acquisition of the goods was unjust, because they belong to another and the present possessor has no right to keep them, it is not lawful to give them as alms, for they must be returned to the owner. An exception would have to be made, however, for the case of extreme necessity, for in such a case the person in danger of death would have a right prior to that of the owner not in need. Example: It is unlawful to give stolen money as an alms to the poor, when one is able to restore it to the rightful owner.
(b) If the acquisition of the goods was unjust, because both giver and receiver acted against law and forfeited their rights to possession, the former has no claim to restitution, nor the latter to retention, and the goods ought to be devoted to alms. Example: If a simoniacal transaction is forbidden under pain of loss of the price paid and received, the receiver is obliged to give the money to the poor.
(c) If the acquisition was not unlawful, but the manner through which it was made was unlawful, the gain is shameful, but still it belongs to the one who has earned it, and may be devoted to alms. Example: Titus hired Balbus to work on Sundays. The violation of the Sunday law was a sin, but the labor given was serviceable to Titus and difficult to Balbus. Hence, the latter is not bound to give back the money, but may keep it and use it for a good purpose.
1242. Though shameful gain may be used for almsgiving, it should not be devoted to sacred purposes, when this will cause scandal or be irreverent to religion. Thus, the chief priests would not accept the “blood money” of Judas for the use of the temple (Matt., xxvii. 6), because the law forbade the offering of gifts that were an abomination to the Lord (Deut., xxiii. 18; Ecclus., xxxiv. 23).
1243. The Proceeds of Gambling and Almsgiving.—(a) Profits made from gambling may not be used for alms, when one is bound to restore them to the loser. Thus, according to natural law he who wins money at cards or similar games from a minor or other person who has not the right to dispose of money, or who wins through fraud, must give back the winnings. Likewise, restitution is due according to some, if the civil law makes such aleatory contracts null and void; but others deny this. (b) Profits made from gambling may be devoted to alms, when according to law one has a right to them, as when one has played for recreation, with moderation and with fairness to the loser.