
Text -- Exodus 22:2 (NET)




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collapse allCommentary -- Word/Phrase Notes (per phrase)
Wesley: Exo 22:2 - -- If a thief broke a house in the night, and was killed in the doing it, his blood was upon his own head.
If a thief broke a house in the night, and was killed in the doing it, his blood was upon his own head.

Wesley: Exo 22:2 - -- time that the thief was killed, he that killed him was accountable for it, unless it were in the necessary defence of his own life.
time that the thief was killed, he that killed him was accountable for it, unless it were in the necessary defence of his own life.
JFB -> Exo 22:1-4
JFB: Exo 22:1-4 - -- The law respects the theft of cattle which constituted the chief part of their property. The penalty for the theft of a sheep which was slain or sold,...
The law respects the theft of cattle which constituted the chief part of their property. The penalty for the theft of a sheep which was slain or sold, was fourfold; for an ox fivefold, because of its greater utility in labor; but, should the stolen animal have been recovered alive, a double compensation was all that was required, because it was presumable he (the thief) was not a practised adept in dishonesty. A robber breaking into a house at midnight might, in self-defense, be slain with impunity; but if he was slain after sunrise, it would be considered murder, for it was not thought likely an assault would then be made upon the lives of the occupants. In every case where a thief could not make restitution, he was sold as a slave for the usual term.
Clarke -> Exo 22:2
Clarke: Exo 22:2 - -- If a thief be found - If a thief was found breaking into a house in the night season, he might be killed; but not if the sun had risen, for then he ...
If a thief be found - If a thief was found breaking into a house in the night season, he might be killed; but not if the sun had risen, for then he might be known and taken, and the restitution made which is mentioned in the succeeding verse. So by the law of England it is a burglary to break and enter a house by night; and "anciently the day was accounted to begin only from sunrising, and to end immediately upon sunset: but it is now generally agreed that if there be daylight enough begun or left, either by the light of the sun or twilight, whereby the countenance of a person may reasonably be discerned, it is no burglary; but that this does not extend to moonlight, for then many midnight burglaries would go unpunished. And besides, the malignity of the offense does not so properly arise, as Mr. Justice Blackstone observes, from its being done in the dark, as at the dead of night when all the creation except beasts of prey are at rest; when sleep has disarmed the owner, and rendered his castle defenceless."- East’ s Pleas of the Crown, vol. ii., p. 509.
Calvin -> Exo 22:2
Calvin: Exo 22:2 - -- 2.If a thief be found breaking up. This clause is to be taken separately, and is inserted by way of parenthesis; for, after having decreed the punish...
2.If a thief be found breaking up. This clause is to be taken separately, and is inserted by way of parenthesis; for, after having decreed the punishment, God adds in connection, “he should make full restitution; if he have nothing, then he should be sold for his theft;” and this exception as to the thief in the night is introduced parenthetically. But although the details are not expressed with sufficient distinctness, still the intention of God is by no means ambiguous, viz., that if a thief should be killed in the dark, his slayer should be unpunished; for he can then hardly be distinguished from a robber, especially when he proceeds with violence; because he cannot enter another man’s house by night without either digging through a wall or breaking down a door. The Twelve Tables 135 differ slightly from this; for they permit the killing of a thief by night, and also by day if he should defend himself with a weapon. But, since God had sufficiently repressed by other laws murders and violent assaults, He is silent here respecting robbers who use the sword in their attempts at plunder. He therefore justly condemns to death those who have avenged by murder a theft in open day.
TSK -> Exo 22:2

collapse allCommentary -- Word/Phrase Notes (per Verse)
Barnes -> Exo 22:2-4
Barnes: Exo 22:2-4 - -- If a thief, in breaking into a dwelling in the night, was slain, the person who slew him did not incur the guilt of blood; but if the same occurred ...
If a thief, in breaking into a dwelling in the night, was slain, the person who slew him did not incur the guilt of blood; but if the same occurred in daylight, the slayer was guilty in accordance with Exo 21:12. The distinction may have been based on the fact that in the light of day there was a fair chance of identifying and apprehending the thief.
Poole -> Exo 22:2
Poole: Exo 22:2 - -- Ver. 2: Breaking up to wit, an house , which the Chaldee here adds, and by night , as appears from the next verse.
For him i.e. for the thief, t...
Ver. 2: Breaking up to wit, an house , which the Chaldee here adds, and by night , as appears from the next verse.
For him i.e. for the thief, though he be killed by a man in his own defence. Because in that case the thief might be presumed to have a worse design, and the owner of the house could neither expect or have the help of others to secure him from the intended violence, nor guide his blows with that discretion and moderation which in the day-time he might use.
Haydock -> Exo 22:2
Haydock: Exo 22:2 - -- Blood. The reason is, because it could not easily be known whether the thief had not a design upon the life of the people in the house; and therefor...
Blood. The reason is, because it could not easily be known whether the thief had not a design upon the life of the people in the house; and therefore, the law gave them authority to defend themselves. But they were not authorized to kill the thief designedly. the laws of Athens and of Rome, permitted nocturnal robbers to be slain, at least when they came armed. (Plato, de leg. ix. &c.) To defend our goods or honour, by killing the aggressor, is contrary to justice and reason. (Calmet)
Gill -> Exo 22:2
Gill: Exo 22:2 - -- If a thief be found breaking up,.... An house, in order to steal money, jewels, household goods, &c. or breaking through any fence, hedge, or wall of ...
If a thief be found breaking up,.... An house, in order to steal money, jewels, household goods, &c. 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", &c. to which this is opposed, as Aben Ezra observes; some render it, with a digging instrument x; and it is a Jewish canon y, 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 z 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" a; 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.

expand allCommentary -- Verse Notes / Footnotes
NET Notes: Exo 22:2 This law focuses on what is reasonable defense against burglary. If someone killed a thief who was breaking in during the night, he was not charged be...
Geneva Bible -> Exo 22:2
Geneva Bible: Exo 22:2 If a thief be found ( b ) breaking up, and be smitten that he die, [there shall] no blood [be shed] for him.
( b ) Breaking a house to enter in, or u...

expand allCommentary -- Verse Range Notes
TSK Synopsis -> Exo 22:1-31
TSK Synopsis: Exo 22:1-31 - --1 Of theft.5 Of damage.7 Of trespasses.14 Of borrowing.16 Of fornication.18 Of witchcraft.19 Of bestiality.20 Of idolatry.21 Of strangers, widows, and...
MHCC -> Exo 22:1-31
MHCC: Exo 22:1-31 - --The people of God should ever be ready to show mildness and mercy, according to the spirit of these laws. We must answer to God, not only for what we ...
Matthew Henry -> Exo 22:1-6
Matthew Henry: Exo 22:1-6 - -- Here are the laws, I. Concerning theft, which are these: - 1. If a man steal any cattle (in which the wealth of those times chiefly consisted), and ...
Keil-Delitzsch -> Exo 22:1-4
Keil-Delitzsch: Exo 22:1-4 - --
With regard to cattle-stealing , the law makes a distinction between what had been killed or sold, and what was still alive and in the thief's hand...
Constable -> Exo 15:22--Lev 1:1; Exo 19:1--24:12; Exo 20:22--24:1; Exo 21:1--23:13; Exo 21:33--22:16
Constable: Exo 15:22--Lev 1:1 - --II. THE ADOPTION OF ISRAEL 15:22--40:38
The second major section of Exodus records the events associated with Go...

Constable: Exo 19:1--24:12 - --B. The establishment of the Mosaic Covenant 19:1-24:11
The Lord had liberated Israel from bondage in Egy...

Constable: Exo 20:22--24:1 - --4. The stipulations of the Book of the Covenant 20:22-23:33
Israel's "Bill of Rights" begins her...

Constable: Exo 21:1--23:13 - --The fundamental rights of the Israelites 21:1-23:12
It is very important to note that va...
