Exodus 22:3

If the sun be risen upon him. — In the daytime no violence is to be feared. The housebreaker seeks to avoid observation, and decamps if discovered. Moreover, assistance is readily obtainable, and thus there is no need of resorting to extreme measures. The English law makes exactly the same distinction as the Mosaic.

For he should make full restitution. — Heb., restoring, he shall restore. It is not quite clear whether he is to restore double; but so most commentators understand the passage.

If he have nothing. — Rather, if he have not enough. If he cannot make the full restitution of the preceding verse, then “he shall be sold for his theft.” He shall become the slave for the term of six years of the man whom he has robbed, and in that way pay his debt.