出エジプト記 22:2

聖書日本語

2 彼は必ず償わなければならない。もし彼に何もない時は、彼はその盗んだ物のために身を売られるであろう。

Bible Verse Review
  from Treasury of Scripure Knowledge

breaking: Job 24:14, Job 30:5, Hosea 7:1, Joel 2:9, Matthew 6:19, Matthew 6:20, Matthew 24:43, 1 Thessalonians 5:2

no blood: Numbers 35:27

Reciprocal: Genesis 9:6 - by Deuteronomy 17:8 - between blood Job 24:16 - In the dark Ezekiel 18:10 - a robber

Gill's Notes on the Bible

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.

x במחתרת "cum perfossorio", Pagninus; "cum instrumento perfosserio", Tigurine version. y Misn. Sanhedrin, c. 8. sect. 6. z Comment. in ib. a אין לו דמים "non ei sanguines", Montanus, Vatablus, Drusius.

Barnes' Notes on the Bible

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 Exodus 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.

Clarke's Notes on the Bible

Verse Exodus 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 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 offence 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.