If the Sun Has Risen on Him There Is Blood

"If the sun has risen upon him" (Exodus 22:2). Does the sun rise upon him alone? Surely it rises upon the whole world! Rather, just as the rising of the sun is something open and revealed, so this applies to any case that is open and revealed; and just as the rising of the sun means peace for him, so any case where there is peace for him [where the thief comes with no intent to kill]. "There is blood for him" blood guilt, whether on a weekday or on the Sabbath. [Further on it says (Deuteronomy 22:26), "For as when a man rises against his neighbor and murders him, so is this matter" this is like that: just as that is a matter of possible loss of life, so this is a matter of possible loss of life; just as in that case, if one can prevent him by other means he must do so before killing him, so here, if one can prevent him from killing, one must do so before killing him.] "He shall surely pay" therefore if there is no blood guilt against him, he does not pay [restitution, having instead been liable to death]. [Just as in the case of one struck while breaking in, an unintended act is treated as intended: he is judged for his life and exempt from monetary payment, so in any such case the unintended is treated as intended, judged for his life and exempt from payment.] "If he has nothing" this teaches that we do not assess his property the way we assess for one who is established in possession; we do not assess movable goods. "If he has nothing" this teaches that we do not wait for him until his father dies or until his ship comes in from across the sea. "He shall be sold for his theft" he is sold for his theft, not for the value he must pay double; he is sold for his theft, not for the added penalty; he is sold for his theft once and not sold again and again. Rabbi Elazar says he is sold only when his value is equal to his theft. "He shall be sold for his theft" the man is sold for his theft, but the woman is not sold for her theft.