When the Burglar Tunnels In He Has No Blood

Mekhilta DeRabbi Shimon Ben Yochai 22:1

Curated by Arthur·Told by Maggid·

"If a thief is found breaking in" (Exodus 22:1). From this I know only the case of breaking in by tunneling. How do I know to include his courtyard, his garden, and his roofed enclosure? Scripture teaches, "the thief is found" (Exodus 22:1) in any place at all. If so, why is "breaking in" stated? Rather, in the case of breaking in, if the householder struck him and he died, there is no blood guilt for him; but if the thief had already gone out beyond the breach, there is blood guilt for him. One might think witnesses are required. Scripture teaches "breaking in" [the act of] breaking in is itself his testimony. If so, why is "is found" stated? It refers to the matter above, "he shall pay five oxen" (Exodus 21:37). One might think he may pay on his own admission. Scripture teaches "is found" there is no "found" except in any place through witnesses. "And he is struck" by any person. "And dies" by any means. "There is no blood" no blood guilt for him, whether on a weekday or on the Sabbath. [And further on it says "there is blood for him" blood guilt, whether on a weekday or on the Sabbath.]

Themes

LawDivine JusticeEthics

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