Exodus 22:2

“If a thief be found breaking up, etc.] An house, in order to steal money, jewels, household goods, etc. 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”, etc. to which this is opposed, as Aben Ezra observes; some render it, with a digging instrument f673; and it is a Jewish canon f674, 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,…”

“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. return to 'Top of Page'”

“If a thief broke a house in the night, and was killed in the doing it, his blood was upon his own head. But if it were in the day - 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. Exodus 22:3”

“breaking: Job 24:14, Job 30:5; Hos 7:1; Joe 2:9; Mat 6:19, Mat 6:20, Mat 24:43; Th1 5:2 no blood: Num 35:27 Exodus 22:3”