Exodus 22:2-3

2 3a. A thief caught breaking in by night may be killed without any guilt being incurred by his death, but not if the act take place by day. In the dark the householder would probably not be able to recognize the burglar, so as to bring him to justice, nor would he know whether he might not intend murder: a mortal blow, given in defence of his life and property, would therefore be excusable under the circumstances: but no such excuse could be made for it in the light of day. A thief might also be killed in the night with impunity by Athenian law (Dem. Timocr., § 113, p. 736; cf. Plato, Legg.ix. 874 b), and by the law of the XII. Tables (viii. 12) -si nox furtum factum sit, si im (eum) occisit, iure caesus esto." Ḥamm. § 21 is not really parallel: see Cook, p.213.

2. breaking in digging through: cf. Jeremiah 2:34; Job 24:16; Matthew 6:19 RVm. Still the usual method of housebreakers in Syria: see Trumbull, The Threshold Covenant(1896), p. 260 f.

for him i.e. for the householder, if he kills him in the darkness. For the expression, cf. Numbers 35:27 RVm. (אין לו דם); and for -blood" (marg.), implying -bloodguiltiness," Psalms 51:14. Elsewhere blood is said to be -upon" a person, Deuteronomy 19:10.

3a. upon him i.e. upon the thief.

for him the householder, as v.2.

3b. If the text is correct, we must understand tacitly after v.3a, -[He ought not therefore to be killed;] he should make restitution, &c." This however is a good deal to supply: both v.2 and v.3a start distinctly from the supposition that the thief isslain; and the ox, ass or sheep, of v.4, are hardly likely to have been found in the house that was -dug" into, v.2. Hence there is great probability in Budde's view that vv.2, 3a are out of place; and that vv.3b, 4 form really the sequel to v.1, stating what is to be done in the two other alternative cases, (1) if the thief have nothing, (2) if the stolen animal be found in his possession alive. Render then (directly following v.1): (v.3b) -he shall surely make restitution [the word rendered -pay" in vv.1, 4]: if he have nothing, then he shall be sold," &c. (to the end of v.4).

for his theft i.e. not -as a punishment for his act of stealing," but -as compensation for the thing stolen." -According to Jos. Ant.xvi. 1. 1 a thief sold under these circumstances was not sold to a foreigner, and became free in the 7th year (ch. Exodus 21:2)" (Kn.).