Exodus 22:3

22:3 If the sun has risen on him, then there is blood guilt for him. A thief ¹  must surely make full restitution; if he has nothing, then he will be sold for his theft.

Exodus 22:12

22:12 But if it was stolen ²  from him, ³  he will pay its owner.

[22:3]  ¹ tn The words “a thief” have been added for clarification. S. R. Driver (Exodus, 224) thinks that these lines are out of order, since some of them deal with killing the thief and then others with the thief making restitution, but rearranging the clauses is not a necessary way to bring clarity to the paragraph. The idea here would be that any thief caught alive would pay restitution.

[22:12]  ² tn Both with this verb “stolen” and in the next clauses with “torn in pieces,” the text uses the infinitive absolute construction with less than normal emphasis; as Gesenius says, in conditional clauses, an infinitive absolute stresses the importance of the condition on which some consequence depends (GKC 342-43 §113.o).

[22:12]  ³ sn The point is that the man should have taken better care of the animal.