Exegetical and Hermeneutical Commentary of Exodus 22:3
If the sun be risen upon him, [there shall be] blood [shed] for him; [for] he should make full restitution; if he have nothing, then he shall be sold for his theft.
There shall be blood shed for him; he that kills him shall be put to death, because he punished him more than his crime deserved, and might have been otherwise either secured or righted; and in that case, it is probable, the thief designed not murder, but theft only. But if it were evident that the housebreaker designed murder, he might doubtless kill him in his own defence.
He shall be sold; either so long till his service was worth the thing stolen, or rather for the ordinary time of six years, because this was not a simple thief, but a housebreaker, which was much worse.
Quest. How can he be sold, who is supposed to be killed?
Answ. 1. The Hebrew word may be better rendered should be sold, as the foregoing word of the same future time is rendered, should make restitution, to wit, if he were not killed; and therefore the killer of him being sufficiently secured against this injury, was more culpable in killing him without necessity.
Fuente: English Annotations on the Holy Bible by Matthew Poole
If the sun be risen upon him,…. Either upon the thief, or upon the master of the house, or the person that finds the thief and smites him that he dies; it matters not which it is interpreted, it is true of both, for when it is risen on the one, it is on the other:
[there shall be] blood [shed] for him; the person that kills him shall die for it: the Targum of Jonathan is,
“if it is as clear as the sun (and so Jarchi), that not to kill any he entered, and he should kill him, there is guilt of shedding innocent blood:”
because coming at broad daylight, and when the sun was up, it was a plain case he came not with a design to murder, but only to steal; besides, being at such a time, the master of the house could call for help and assistance, and take him; which is what is suggested he should do, and not take away his life, but oblige him, if he had got any of his goods, to restore them, as follows:
for he should makes full restitution; by returning them and as much more, as the following verse shows:
if he have nothing, then he shall be sold for his theft, by the sanhedrim, or court, of judicature: as the Targum of Jonathan, before whom he should be brought, and the theft proved upon him, and unto the year of the remission or release, as the same Targum; nor were such to be sold to strangers, or to serve forever, for they were to be dismissed after six years, as Josephus b observes: and it is a canon with the Jews c, that,
“an Hebrew servant whom the sanhedrim sell, they do not sell him but to an Israelite, or to a proselyte of righteousness;”
according to the Targum of Jonathan, it seems as if he was to be sold to the person from whom he stole, since it is,
“he shall he sold to him;”
but if not, however, the price he was sold at was to be given to him for a recompence of his loss; so says Maimonides d,
“if he have not goods, neither movable nor immovable the sanhedrim sell him, and give the price to him that is injured, as it is said: “if he have nothing”, c. and adds, a man is sold for his theft but not a woman e:”
from hence it appears that theft was not a capital crime by the law of Moses: Draco is said to be the first who made it so but his law being thought by the Athenians to be too severe, was annulled by them f: the law of the twelve tables, with the Romans greatly agrees with the Mosaic laws about theft; these permitted to kill a thief who should be taken in open theft, if either when he committed the theft it was night or if in the daytime, and he defended himself with weapons when about to be taken g or, as elsewhere expressed h, an open thief was delivered to servitude to him who was robbed, but nocturnal thief it was lawful to kill by the law of the twelve tables.
b Antiqu. l. 16. c. 1. sect. 1. c Maimon. Abadim. c. 1. sect. 3. d Hilchot Genubah, c. 3. sect. 11. e So Misn. Sotah, c. 3. sect, 8. f A. Gell Noct. Attic. l. 11. c. 18. g Ib. h Ib. l. 20. c. 1.
Fuente: John Gill’s Exposition of the Entire Bible
3. He should make full restitution. These words, as I have said, are connected with the first verse, since here the execution of the punishment is only enjoined; as if God forbade thieves to be spared, but that they should pay either twofold or quadruple, or even quintuple, according to the measure of their crime. But, if they were unable to pay, He commands them to be sold as slaves, which also was the custom at Rome. Whence the saying of Cato, (136) “that private thieves lived in bonds and fetters, but public ones in gold and purple.” And since this condition was a harsh one, a caution is expressly given, that they were not to be absolved on the score of their poverty. If any one should ask whether it was lawful for the owner of the thing stolen to recover double or quadruple its value, I answer, that what God awards, a man has the best of rights to; meanwhile, in equity men were bound to take care that they did not grow rich at the expense of others, but rather were they to apply whatever they gained to pious and holy uses.
(136) “Sed enim M. Cato in oratione quam de praeda militibus dividenda scripsit, vehementibus et illustribus verbis de impunitate peculatus atque licentia conqueritus. Ea verba, quoniam nobis impense placuerunt, adscripsimus: Fures (inquit) privatorum furtorum in nervo atque in compedibus aetatem agunt: fures autem publici in auto atque in purpura.” — A. Gell. 11 ult.
Fuente: Calvin’s Complete Commentary
(3) If the sun be risen upon him.In the daytime no violence is to be feared. The housebreaker seeks to avoid observation, and decamps if discovered. Moreover, assistance is readily obtainable, and thus there is no need of resorting to extreme measures. The English law makes exactly the same distinction as the Mosaic.
For he should make full restitution.Heb., restoring, he shall restore. It is not quite clear whether he is to restore double; but so most commentators understand the passage.
If he have nothing.Rather, if he have not enough. If he cannot make the full restitution of the preceding verse, then he shall be sold for his theft. He shall become the slave for the term of six years of the man whom he has robbed, and in that way pay his debt.
Fuente: Ellicott’s Commentary for English Readers (Old and New Testaments)
3. If the sun be risen upon him If he commits his crime in the daylight, his movements and purposes are generally so apparent that an attempt upon his life would be utterly unjustifiable, and punishable as wilful manslaughter .
He should make full restitution This, of course, supposes his apprehension and conviction . The satisfactory restitution might often require more than the mere return of stolen goods . These goods might be damaged by the seizure, and the affright and trouble occasioned by the crime ought not to go unnoticed . So if the thief had not wherewith to make full recompense he was to be sold for his theft, and so, by bondservice, make due compensation .
Fuente: Whedon’s Commentary on the Old and New Testaments
Exo 22:3. He shall be sold for his theft The laws of the twelve tables ordained, that a thief should be delivered to him whom he robbed, to be his slave.
Fuente: Commentary on the Holy Bible by Thomas Coke
Exo 22:3 If the sun be risen upon him, [there shall be] blood [shed] for him; [for] he should make full restitution; if he have nothing, then he shall be sold for his theft.
Ver. 3. If the sun be risen. ] Chaldee hath it, If the eye of witnesses: if he can raise the town, and call in aid.
Fuente: John Trapp’s Complete Commentary (Old and New Testaments)
If the sun, &c. Therefore killed after he had got away, and in cold blood.
Fuente: Companion Bible Notes, Appendices and Graphics
then he shall: Exo 21:2, Jdg 2:14, Jdg 10:7, Isa 50:1
Reciprocal: Gen 9:6 – by Gen 44:10 – he with whom Exo 22:5 – shall he make restitution Lev 5:16 – make Lev 25:39 – be sold Job 20:10 – his hands Job 24:16 – In the dark Pro 6:31 – if Mat 24:43 – would not Rom 7:14 – sold
Fuente: The Treasury of Scripture Knowledge
Exo 22:3-4. For he should make full restitution This the law determined: not that he should die. In his hand alive Not killed, nor sold, as Exo 22:1, so that the owner recover it with less charge and trouble.
Fuente: Joseph Bensons Commentary on the Old and New Testaments
22:3 If the sun be risen upon him, [there shall be] {c} blood [shed] for him; [for] he should make full restitution; if he have nothing, then he shall be sold for his theft.
(c) He shall be put to death that kills him.