Exo 22:4 | KD | STEP | Into the midst of the laws relating to theft, we have one introduced here, prescribing what was to be done with the thief. “ If the thief be found breaking in (i.e., by night according to ), and be smitten so that he die, there shall be no blood to him (the person smiting him); if the sun has risen upon him (the thief breaking in), there is blood to him: ” i.e., in the latter case the person killing him drew upon himself blood-guiltiness (דּמים lit., drops of blood, blood shed), in the former case he did not. “The reason for this disparity between a thief by night and one in the day is, that the power and intention of a nightly thief are uncertain, and whether he may not have come for the purpose of committing murder; and that by night, if thieves are resisted, they often proceed to murder in their rage; and also that they can neither be recognised, nor resisted and apprehended with safety” ( Calovius ). In the latter case the slayer contracted blood-guiltiness, because even the life of a thief was to be spared, as he could be punished for his crime, and what was stolen be restored according to the regulations laid down in and Exo 22:4. But if he had not sufficient to make retribution, he was to be sold “ for his stolen, ” i.e., for the value of what he had stolen, that he might earn by his labour the compensation to be paid.

‏ Exodus 22:4

Into the midst of the laws relating to theft, we have one introduced here, prescribing what was to be done with the thief. “If the thief be found breaking in (i.e., by night according to Exo 22:3), and be smitten so that he die, there shall be no blood to him (the person smiting him); if the sun has risen upon him (the thief breaking in), there is blood to him:” i.e., in the latter case the person killing him drew upon himself blood-guiltiness (דּמים lit., drops of blood, blood shed), in the former case he did not. “The reason for this disparity between a thief by night and one in the day is, that the power and intention of a nightly thief are uncertain, and whether he may not have come for the purpose of committing murder; and that by night, if thieves are resisted, they often proceed to murder in their rage; and also that they can neither be recognised, nor resisted and apprehended with safety” (Calovius). In the latter case the slayer contracted blood-guiltiness, because even the life of a thief was to be spared, as he could be punished for his crime, and what was stolen be restored according to the regulations laid down in Exo 22:1 and Exo 22:4. But if he had not sufficient to make retribution, he was to be sold “for his stolen,” i.e., for the value of what he had stolen, that he might earn by his labour the compensation to be paid.