Frequently Asked Questions
Q: What does Exodus 22:2 mean when it says 'If the sun be risen upon him'?
A: Rashi explains that the phrase 'If the sun be risen upon him' is a metaphor. It means that if it is as clear as daylight that the thief came with intent to kill (not just to steal), then the homeowner has the right to defend themselves, even if it results in the thief's death. The 'sun' symbolizes clarity and obvious intent.
Q: Why does the Torah say a thief must pay restitution or be sold for his theft?
A: The Torah emphasizes justice and restitution (tikkun) rather than mere punishment. Rambam (Hilchot Geneiva 1:1-2) explains that if a thief cannot repay what he stole, he is sold into servitude to work off his debt. This teaches responsibility and gives him a way to make amends rather than face indefinite punishment.
Q: How does Exodus 22:2 apply to self-defense in Jewish law?
A: The Talmud (Sanhedrin 72a) derives from this verse that if someone breaks in with clear intent to harm ('the sun has risen upon him'), lethal self-defense is permitted. However, if it is unclear (like at night), one should avoid killing the intruder unless absolutely necessary. Jewish law values life but permits defense when there is clear danger.
Q: What lesson can we learn from the thief being sold to repay his debt?
A: The Midrash (Shemot Rabbah 30:19) teaches that this law shows the Torah's compassion—even a thief is given a chance to rehabilitate. Instead of permanent punishment, he works to repay his debt, learning the value of honest labor. This reflects the Jewish principle of teshuvah (repentance) and second chances.
Q: Why does the Torah differentiate between theft in daylight vs. nighttime?
A: Rashi (on Exodus 22:2) explains that daytime theft suggests brazenness and potential violence (since others can see the thief), while nighttime theft implies the thief only wants property, not confrontation. Thus, the response differs based on perceived intent, emphasizing the Torah's careful balance between justice and preserving life.
Context in the Torah
The verse (Shemot 22:2) discusses the laws of a thief who breaks into a home and the circumstances under which the homeowner may defend themselves. The phrase "אִם־זָרְחָה הַשֶּׁמֶשׁ עָלָיו" ("If the sun be risen upon him") is interpreted both literally and metaphorically by our Sages.
Literal Interpretation (Peshat)
Rashi explains that the verse refers to a scenario where the thief breaks in during daylight ("if the sun has risen upon him"), implying that the thief is not acting in stealth but brazenly. In such a case, the homeowner may presume the thief is willing to kill to accomplish his theft, and thus, the homeowner is permitted to kill the thief in self-defense. However, if the thief is killed at night, when stealth is more likely, the homeowner may be liable if it is determined that lethal force was unnecessary.
Metaphorical Interpretation (Derash)
The Talmud (Sanhedrin 72a) and Midrash (Mechilta) offer a deeper interpretation: "If the sun has risen upon him" alludes to the spiritual state of the thief. The "sun" represents clarity and righteousness, suggesting that if it is clear that the thief has no peaceful intentions (i.e., he is like one upon whom the "sun" of morality has not shone), then lethal force is justified. Conversely, if there is doubt about his intent (as in darkness), killing him is forbidden.
Restitution and Consequences
The second part of the verse states that if the thief is caught alive, he must make full restitution ("שַׁלֵּם יְשַׁלֵּם"). Rambam (Hilchot Geneivah 1:9) elaborates that a thief must repay double the value of what he stole (as per Shemot 22:3). If he cannot pay, he is sold into servitude ("וְנִמְכַּר בִּגְנֵבָתוֹ") to work off his debt, but only after a court evaluates his financial situation.
Key Halachic Principles