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Exodus 22:2

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2 If a thief is found breaking in, and is beaten to death, no bloodguilt is incurred;
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Exodus 22:2 Meaning and Commentary

Exodus 22:2

If a thief be found breaking up
An house, in order to steal money, jewels, household goods or breaking through any fence, hedge, or wall of any enclosure, where oxen, or sheep, or any other creatures are, in order to take them away: the Targum of Jonathan is,

``if in the hole of a wall (or window of it) a thief be found;''

that is, in the night, as appears from the following verse, "if the sun" to which this is opposed, as Aben Ezra observes; some render it, with a digging instrument F24; and it is a Jewish canon F25, that

``if anyone enter with a digging instrument: he is condemned on account of his end;''

his design, which is apparent by the instrument found upon him; for, as Maimonides F26 observes,

``it is well known, that if anyone enters with a digging instrument, that he intends, if the master of the house opposes him to deliver his goods out of his power, that he will kill him, and therefore it is lawful to kill him; but it does not signify whether he enters with a digging instrument, either by the way of the court, or roof;''

and be smitten that he die
be knocked down with a club, by the master of the house, or any of his servants, or be run through with a sword, or be struck with any other weapon, to hinder him from entrance and carrying off any of the goods of the house, and the blow be mortal: there shall no blood be shed for him: as for a man that is murdered; for to kill a man when breaking into a house, and, by all appearance, with an intention to commit murder, if resisted, in defence of a man's self, his life and property, was not to be reckoned murder, and so not punishable with death: or, "no blood" shall be "unto him" F1; shall be imputed to him, the man that kills the thief shall not be chargeable with his blood, or suffer for shedding it; because his own life was risked, and it being at such a time, could call none to his assistance, nor easily discern the person, nor could know well where and whom he struck.

FOOTNOTES:

F24 (trtxmb) "cum perfossorio", Pagninus; "cum instrumento perfosserio", Tigurine version.
F25 Misn. Sanhedrin, c. 8. sect. 6.
F26 Comment. in ib.
F1 (Mymd wl Nya) "non ei sanguines", Montanus, Vatablus, Drusius.
Taken from John Gill's Exposition of the Bible

Exodus 22:2 In-Context

1 When someone steals an ox or a sheep, and slaughters it or sells it, the thief shall pay five oxen for an ox, and four sheep for a sheep. The thief shall make restitution, but if unable to do so, shall be sold for the theft.
2 If a thief is found breaking in, and is beaten to death, no bloodguilt is incurred;
3 but if it happens after sunrise, bloodguilt is incurred.
4 When the animal, whether ox or donkey or sheep, is found alive in the thief's possession, the thief shall pay double.
5 When someone causes a field or vineyard to be grazed over, or lets livestock loose to graze in someone else's field, restitution shall be made from the best in the owner's field or vineyard.

Footnotes 1

New Revised Standard Version Bible, copyright 1989, Division of Christian Education of the National Council of the Churches of Christ in the United States of America. Used by permission. All rights reserved.