On Restitution

Speaker 0 00:01 Saint Alphonsus relates the story of a Vishy seen by a certain hermit and this vision, the hermit Solusa for her seated on a throne and he's questioning one of his demons, why he'd been so long and returning. The demon replied to Lucifer that he been delayed because even attempting a thi to not return what he had stolen and lucid for roar. Let this fool be severely punished. Why have you wasted this time? Do you not know that he was taking the property of another? Never returns that did you not know that he was taking the property of another? Never stores that Saint Alphonsus continues quote and in truth, so it is the property of another becomes to him who takes it like his own blood. We learn everyday from experience in overhaul, thefts take place. How much restitution do you see? Close quote, innumerable theft take place. Speaker 0 01:14 How much restitution do we see today? We'll take a quick look at the obligation of restitution and obligation, which falls under the seventh commandment. Thou shall not steal the Roman catechism ordered by the council of Trent, edited by Saint Charles Borromeo and published at the order of Pope Saint Pies. The fifth Roman catechism draws her attention to the fact that the seventh commandment, thou shall not steal, and the corresponding obligation to make reparation for stolen goods is another expression of the infinite love that God has for man. How does that father, how is the seventh commandment and obligation for institution? How can those big samples of the infinite love of God for man, for the catechism explains that not only did God place our lives, our persons, our reputations under his personal protection by means of the fifth and six commandments, thou shalt not kill. Now shall not commit adultery. Speaker 0 02:19 He also placed each and every one of our worldly goods under his own personal protection with the seventh commandment, thou shall not steal and he forbids that our property or possessions be taken away or injured by anyone. God loves us so much that he's even put our personal belongings under his protection. So how does restitution fit into all of this? In order to answer that question, we'll cover five points this morning. First Point for definition of restitution, the second point, the necessity of restitution. The third point, the rules for restitution, the fourth point, some causes that may excuse for restitution and a fifth point common examples. Okay, so we'll cover definition, restitution, necessity, restitution, rules for restitution, causes excusing from restitution and some common examples. First Point, the definition of restitution. What is restitution? Restitution is either the returning of property to its actual owner. There's an ancient saying that goes rest climate Dolmio which means that thing cries out for its owner, I think cries out for its owner. Speaker 0 03:38 So restitution is either the returning of property to its actual owner or it's the repairing of an unjust damage. For example, you'll shopping when you get home. I discovered the clerk made a mistake and under charged us 10 bucks. We owe that $10 to the store. We make restitution by returning to the store, giving them the $10 our suppose we've damaged someone's good name by unjustly revealing the hidden faults or sins that person to a group of friends, we must repair that unjust damage we've done to that persons name by doing our best to praise and build up that person's reputation among the same group of friends we were talking to in the first place. Okay, so restitution is either the returning of property to its actual owner or it's the repairing of an unjust damage. It's either the returning of property to its actual owner or it's through pairing of unjust damage. Second Point, the necessity of restitution. It is necessary for salvation to make restitution for any notable harm inflicted on another. Speaker 0 04:50 It is necessary for salvation to make restitution for any notable harm inflicted on another. God has placed all our belongings under his protection. He commands that we not steal and if we have than he demands that we make reparation as sin. Gustin says, without restitution, sin is not forgiven. It is necessary for salvation to make restitution for any notable harm inflicted on another. That's the second point. The necessity of restitution is necessary for salvation to make restitution for any notable harm inflicted on another third point rules for restitution. On another day we'll examine the rules for restitution. In the case of unjust damage, today we'll focus on the rules for restitution and the case of unjust possession of someone else's good. Okay, so these are the rules for restitution. In the case of what we call it, possess her in bad faith. In other words, these are rules for returning things we know don't belong to us in order that we get a real good handle on them. Speaker 0 06:03 We'll start by looking at a few examples and then we'll give the rules for restitution for a possessor in bad faith. Okay. We'll start with the lawnmower and they imagine a man steals his neighbor's lawn mower. He knows darn good and well it's not as thing. He has no right to it. He's in bad faith. It's a possession bad faith means that the man who has the guts and bad faith knows good and well. They're not rightfully, he is not. I suppose the thief sells Islam or to another guy for really good price and he tells him the price is so cheap because he's stolen this lawn. Martha stolen lawn mower is the man who just bought the lawnmower knowing full well that it was stolen. Is this man in good faith? No. He's also an example of possession in bad faith. Okay. Those are examples. Speaker 0 06:54 Now, supposing in either of these cases, the man who has unjust possession, this lawnmower repents. What does he have to do? There's one basic rule and we'll see how it plays out. The basic rules. A man in bad faith has to make restitution for all the foreseeable damage caused to lawful owner. It's easy to understand. He's responsible for the damage she has to fix it. Now, what does that mean concretely in these cases? First thing it means is he has to return thing itself if it still exists. In this case, the lawnmower. The second thing is if it no longer says he has to restore the equivalent value, so even if he doesn't have the lawnmower anymore, he still owes the poor man. He stole it from either the equivalent value in money or an equivalent lawnmower. Remember, it's necessary for salvation to repair any novel, notable harm inflicted on another. Speaker 0 07:48 Okay, let's take a little more complicated situation. Suppose that the original owners or lawnmower used it for business, that he has a mowing business and now there he is sitting around without his equipment is unable to work since his motor was stolen. And suppose again that the thief repents. What does the thief have to do for restitution in this case? First, it's still the same as to if he still asked her store to thing itself. If it still exists, in this case, the lawn mower, if it no longer exists, he has to repo store the equivalent value. Now he has another responsibility. Since a man in bad faith has to make good frog foreseeable damage caused the lawful owner. That's the third point he asked to restore the profit which the owner would have made or reimburse him for the loss. He suffers. In this case, the money lost from the work that he could have done has to be restored to the owner. Speaker 0 08:46 I remember it's necessary for salvation to make restitution for any nodal harm done to another. It gets scary when he started thinking about the complications and thievery. Now I suppose any of the more complicated situation supposedly put some work into the lawnmower. Suppose he did three things. He painted it to disguise that it didn't need paint. Make sure that he wouldn't get caught with his lawnmower or stall. Second, he tuned it up because it was running roughly. That tune up was definitely very useful, and third, because the bite was so dinged up and it could hardly cut, he puts a new blade on the mower. Then after putting all that into the work, into the stolen lawn mower, he repents. What does he have to do now? Well, the first thing is still the same thief still has to return the thing itself, if it still exists, which is his stolen lawn mower. Speaker 0 09:34 Second, if it no longer exists, he asked to return the equivalent value. Third, he still asked to restore the profit which will owner would've made or in person for the loss he suffered. In his case, the money lost from the work that he could have done has to be stored to the owner, but this time he can deduct any necessary or useful expenses or useful expense improves the item. Unnecessary expense preserves it. For example, the tuneup was useful expense. The new played was a necessary expense, but the paint wasn't used for unnecessary. It's only done for the sake of camouflage. They didn't get caught. He can't deduct the paint. Remember, none of these things are optional. It's necessary for salvation and make restitution. It gets scary. Now we've talked about lawnmowers. Let's take an entirely different situation. Imagine a wrestler who steals about 20 headed cars and then two years later he repents. Speaker 0 10:31 What's he responsible for? First stuff, a thing has to fee faster. Turn the thing itself, but it still exists. In this case, 20 had a cause, not poles, not steers, not calves, calves. Second, if it no longer exists, he asked her store the equivalent value sell. If he sold some of the cows, he has to replace that same number. Third, he asked, replaced the profit which the owner would have made or reimbursed him for the loss he suffered. In this case, the money lost from losing two years of the calf crop forth. He can deduct any useful or necessary expenses. Useful expense improves item, unnecessary expense preserves it. For example, he could deduct things like veterinary bills and pasturage, but here's the new edition. He has to restore all the natural products of the property. Lawnmowers don't have natural products, but cows, you put a natural products, something produced naturally by the very nature of the creature. Speaker 0 11:30 In the case of cattle and natural products of beef cattle, cows or calves, natural products have milk cows or milk and calves. For an apple tree, it's apples for Peachtree, it's peaches for Hayfield, it's hay and so forth, so rustler has return. Any calves, heifers, steers are both born out of those 20 hits. Since he's stolen, he can't keep them. He can't build up a on stolen cattle. They have to go back. They belong to the original owner. He can't profit by his thievery. He can't profit by that. Let's sum up these third point then the rules for restitution, the unjust possessor of another's goods must restore the thing itself if it still exists. If not, he must restore the equivalent value. He has to restore the profit the owner would have made or reimbursement for the loss he suffered. He can deduct any necessary or useful expenses and finally he must restore all the natural products of the property. Speaker 0 12:30 It is necessary for salvation to make restitution for any notable damage done to another. Other questions should be referred to the confessional. Obviously, as in all matters, the confessors under the seal, but the penitent just to remind everybody that patented is obliged to keep the confessors advice secret. Okay. Fourth Point Causes Excusing from restitution. Restitution can be delayed if it is physically or morally impossible. For example, if the person is seriously ill laying on their bed back in the hospital dead or they're currently poverty stricken, restitution can be delayed. Or suppose that someone's stolen a gun and the owner wants to use it to rob banks. This restitution must be delayed until the guy gets out of this idea that he's going to grow a bank, so he might have to keep that gun for a lot of years, in fact, but it's not your gun, but you're keeping it away. Speaker 0 13:28 You don't say, oh, well it's not mine. I got it. Don't make restitution. That case you hang onto it. You know he wants to use a knife to go knife somebody in the bar. He keep the knife till he sobers up. Stuff like that. Okay. Restitution may be permanently excused if the owner voluntarily excuses a debt. Other questions should be referred. The confessional. Remember the panted is obliged to keep the confessors advice. Secret. Fifth Point, some common example. Shoplifting is unfortunately very common. Restitution can be made by buying a gift certificate from a particular shop for the amount stolen. Then tearing it up. This pertains to comment items. If it were one of kind items, some kind of artwork, something like that, the very item would have to be returned if it still existed. Stealing from employers either by taking their goods or by wasting unreasonable amounts of pay time. Speaker 0 14:18 It's another very common Aaron wish. Restitution must be made. Someone find himself in his predicament. He does have to make restitution, but he doesn't have to lose his job to do so. I can consult with his confessor. Another very common area in which restitution must be made is in the field of copyright violation. We don't have the right to use pirated software, pirated videos, pilot DVD cds or the photocopy things like disposable school workbooks. These things are all intellectual products to somebody. They're making their living by these kinds of things and for you we're pirating them. We're actually stealing from the rightful fruits of their labors so we know. I don't care how common it is. God doesn't ask how common things are. This is sinful and restitution has to be made. Other questions? Should we refer to the confessional? Let's review. We consider the definition of restitution. Speaker 0 15:14 It's either the return of property to its rightful owner or it's the repairing of an unjust damage. We've considered the necessity of restitution, that it's necessary for salvation to make restitution for any notable harm inflicted on another. We've considered the rules for restitution. The unjust possess from another's good must restore the thing itself if it still exists. If not, he must restore the equivalent value. He has to restore the profit which the owner would have made or reimburse him for losses which he suffered. He can deduct any useful or necessary expenses. And finally, he must also restore all the natural products of the property. We've considered the causes that excuse for restitution. It can be delayed if it's physically or morally impossible and may be permanently excused if the owner voluntarily excuses the dead. Finally, we've considered some common examples like shoplifting, employee stealing, and copyright violations. Speaker 0 16:14 Let's close with some thoughts from Saint Alphonsus quote, remember well, mothers and wives when shoving her husbands, bring home the property of a neighbor, remember well to child and reprove them not to applaud their action or even consent to it. By silence my breath. See that you take not the property of your neighbor and after in the past you've ever failed. In this respect. Make restitution as soon as possible. If you cannot at once. Make full restitution. Do it by degrees. Know that the property of another new possession will not only be the means of bring you to hell, but will make you miserable even in this life, Amanda, and carry yourself with his bikes. Otherwise, God will cure you of it, but by your own destruction, take not the property of your neighbor. If you've ever failed in this respect, make restitution as soon as possible. If you cannot at once, make full restitution. Do it by degrees.