שמות, פרק כ״ב, פסוק ב׳

The right to self-defense against the sanctity of life represents a complex balance. The law establishes clear boundaries regarding when a person may use lethal force to protect themselves and when they must refrain. In the case of a thief breaking into a home, the legal response shifts depending on the intruder's presumed intentions and the level of danger posed to the homeowner.

The primary approach among commentators distinguishes between a nighttime break-in and a daytime burglary. A thief who tunnels into a home under the cover of darkness assumes the homeowner is present and is prepared to kill or be killed. Conversely, a thief operating in broad daylight, when most people are away or when he can be easily spotted, intends only to steal property. If confronted, he will likely flee rather than resort to bloodshed. The specific phrasing used to describe the sun in this context emphasizes the complete spread of sunlight across the world, rather than just the initial spark of dawn, ensuring it refers to a time when light is fully visible to all [רבנו בחיי, הכתב והקבלה, פרדס יוסף].

However, another perspective interprets the sunlight metaphorically. It suggests that if it is as clear as the sun that the thief has peaceful intentions and will not kill, it is forbidden to harm him. A prime example is a father breaking into his son's home. A father naturally possesses compassion for his child and would not take his life, even if the son stands his ground to protect his property [רש״י, מזרחי, גור אריה, שפתי חכמים, דברי דוד]. A third approach views the sunlight as a metaphor for the presence of witnesses. If witnesses spot the intruder before the homeowner arrives, and the thief is aware he has been seen, he will certainly not dare to kill the homeowner. He knows the witnesses would turn him over to the court, resulting in his execution [שד״ל, רמב״ן, נתינה לגר, מיני תרגומא].

When the thief does not pose a mortal threat, he is considered a living person in every legal respect. If the homeowner kills him, it is treated as an act of bloodshed, and the homeowner faces the judgment of a murderer [רש״י, הטור הארוך, רבנו חננאל, קאסוטו, בכור שור]. Another opinion suggests that the concept of bloodshed here actually refers to money, indicating that the thief is required to pay monetary fines and penalties to resolve the crime, but he absolutely may not be killed [הדר זקנים].

Since the thief's life is spared, he bears full financial responsibility. He is obligated to compensate the homeowner not only for the principal value or the double penalty of the stolen goods, but also for any collateral damage caused during the break-in, such as broken household items [מלבי״ם, תורה תמימה]. This monetary obligation exists precisely because it was forbidden to kill him. Had the homeowner been permitted to use lethal force, the thief would be exempt from these payments, following the legal principle that a person is freed from monetary liability when they face the death penalty for the exact same action [העמק דבר, ברכת אשר].

If the thief lacks the means to pay his debt, the court sells him as a Hebrew slave, using the proceeds to reimburse the homeowner [רלב״ג, ביאור שטיינזלץ, בכור שור]. This measure ensures that impoverished individuals do not steal endlessly with the knowledge that they cannot pay, a situation that would otherwise fill the land with lawlessness [ספורנו]. Several important legal limitations restrict this sale. First, the thief is sold strictly to cover the principal value of the stolen goods, not for additional fines like the double penalty or penalties for false testimony [תורה תמימה, פרדס יוסף]. Second, this law applies exclusively to men; a woman cannot be sold for a theft. Third, the sale only takes place if the value of the stolen property matches the thief's market value as a slave, as he must be sold whole and not in fractions [מלבי״ם, אבן עזרא הקצר, תורה תמימה]. Finally, a thief can only be sold once for stealing from a specific individual, though he may be sold again if he commits thefts against entirely different people [תורה תמימה].