Exodus 22:3

KJV

If the sun be risen upon him, [there shall be] blood [shed] for him; [for] he should make full restitution; if he have nothing, then he shall be sold for his theft.

KJV (with Strong's)

If the sun {H8121} be risen {H2224} upon him, there shall be blood {H1818} shed for him; for he should make full {H7999} restitution {H7999}; if he have nothing, then he shall be sold {H4376} for his theft {H1591}.

Complete Jewish Bible

unless it happens after sunrise, in which case it is murder. A thief must make restitution; so if he has nothing, he himself is to be sold to make good the loss from the theft.

Berean Standard Bible

But if it happens after sunrise, there is guilt for his bloodshed. A thief must make full restitution; if he has nothing, he himself shall be sold for his theft.

American Standard Version

If the sun be risen upon him, there shall be bloodguiltiness for him; he shall make restitution: if he have nothing, then he shall be sold for his theft.

Commentary

### SUMMARY
Exodus 22:3, a pivotal verse within the "Book of the Covenant," delineates the legal consequences for a thief apprehended in daylight, contrasting sharply with the nocturnal scenario presented in the preceding verse. This statute mandates that if a thief is caught when the sun is risen, killing them incurs bloodguilt, shifting the primary legal focus from self-defense to the imperative of full restitution for the stolen property. Should the thief lack the means to repay, the law provides for a temporary indentured servitude, ensuring justice for the victim while offering a structured pathway for the offender to make amends.

### CONTEXT
* **Literary Context:** Exodus 22:3 is an integral part of the "Book of the Covenant" found in [Exodus 20:22-23:33](/exodus/20-22 "Exodus 20:22-23:33 - The Book of the Covenant"), which immediately follows the Ten Commandments. This collection of civil and ceremonial laws elaborates on the principles of the covenant established at Sinai. Specifically, this verse forms part of a series of laws concerning property rights and personal injury. It stands in direct legal and thematic contrast to [Exodus 22:2](/exodus/22-2 "Exodus 22:2 - Law for a Thief Caught at Night"), which addresses a thief caught breaking in at night. While the previous verse permits the killing of a nocturnal intruder without bloodguilt, assuming a heightened threat to life in the darkness, Exodus 22:3 introduces a critical distinction based on the time of day, thereby limiting the justifiable use of lethal force and prioritizing restitution over retribution when the immediate danger is diminished. This progression demonstrates a nuanced legal system designed to balance the protection of life and property.

* **Historical & Cultural Context:** Ancient Israelite law, as codified in the Pentateuch, did not exist in a vacuum but shared certain characteristics with other ancient Near Eastern legal codes, such as the Code of Hammurabi or the Middle Assyrian Laws. However, the Israelite laws often exhibited a unique emphasis on the sanctity of human life, the protection of the vulnerable, and the concept of restorative justice. In many ancient societies, theft could be met with severe penalties, including death. Exodus 22:3, by distinguishing between day and night, reflects a sophisticated understanding of legal proportionality and intent. The provision for a thief to be "sold for his theft" if unable to make restitution refers to a common practice of temporary indentured servitude, not chattel slavery. This system allowed individuals to work off debts or restitution, typically for a period of up to six years (as seen in [Exodus 21:2](/exodus/21-2 "Exodus 21:2 - Law Concerning Hebrew Servants")), ensuring that victims were compensated while providing a means for offenders to repay their societal debt without being permanently enslaved or left destitute. This practice underscored a societal value where both justice for the victim and a pathway for the offender's reintegration were considered.

### EXPOSITION AND ANALYSIS
#### Key Word Analysis
* **Blood (Hebrew, _dam'_):** The phrase "blood [shed] for him" (דָּם, *dam*) signifies bloodguiltiness. In ancient Israelite law, shedding innocent blood incurred a severe spiritual and legal penalty, requiring atonement or punishment. Here, it means that if the homeowner kills a thief in broad daylight, they are considered guilty of murder, as the perceived threat to life is significantly reduced compared to a nocturnal encounter. This highlights the profound value placed on human life within the Mosaic Law, even the life of an offender, when the act of killing is not clearly in self-defense.
* **Restitution (Hebrew, _shalam'_):** The word translated "restitution" comes from the Hebrew root שָׁלַם (*shalam*), which means "to be complete," "to be sound," "to be whole," or "to repay." It carries the connotation of making something right, restoring what was lost or damaged, and bringing about a state of peace or wholeness. In this context, it emphasizes that the primary goal of the law is not merely punishment but the restoration of the victim to their original state before the theft occurred. The thief is obligated to make the injured party "whole" again by repaying the stolen goods, often with an added penalty (as seen in [Exodus 22:4](/exodus/22-4 "Exodus 22:4 - Law for Stolen Animals")).
* **Sold (Hebrew, _makar'_):** The verb "sold" (מָכַר, *makar*) in the context of "then he shall be sold for his theft" refers to a temporary form of indentured servitude. This was not chattel slavery, where a person was treated as property, but rather a legal mechanism for debt repayment. The individual would work for the victim or another party for a set period, typically until the debt was repaid, or for a maximum of six years (as outlined in [Exodus 21:2](/exodus/21-2 "Exodus 21:2 - Law Concerning Hebrew Servants") for Hebrew servants). This provision served as a practical solution for ensuring restitution when the thief had no other assets, balancing the victim's right to compensation with a structured, albeit harsh, pathway for the offender to fulfill their legal obligation.

#### Verse Breakdown
* **"If the sun be risen upon him":** This clause establishes the specific condition under which the subsequent legal consequences apply. It refers to the thief being caught during daylight hours. The presence of sunlight implies visibility, reducing the element of surprise and the perceived immediate threat to the homeowner's life, which was the rationale for justifiable homicide in the case of a nocturnal intruder (cf. [Exodus 22:2](/exodus/22-2 "Exodus 22:2 - Law for a Thief Caught at Night")).
* **"[there shall be] blood [shed] for him":** This phrase indicates that if the homeowner kills the thief in daylight, they will incur bloodguilt. Unlike the night scenario, where the act is presumed to be in self-defense, a daytime killing is considered unjustified and punishable, underscoring the sanctity of human life and the legal system's emphasis on proportionality.
* **"[for] he should make full restitution":** This is the core legal requirement. The primary objective is not the death of the thief but the complete restoration of what was stolen. This highlights the restorative nature of Israelite justice, aiming to make the victim whole again rather than solely punishing the offender. The specific amount of restitution (e.g., double, fourfold, fivefold) is detailed in subsequent verses ([Exodus 22:4](/exodus/22-4 "Exodus 22:4 - Law for Stolen Animals")).
* **"if he have nothing, then he shall be sold for his theft":** This clause provides an alternative legal recourse when the thief lacks the financial means to make restitution. The "selling" refers to temporary indentured servitude, a common practice in the ancient Near East for debt repayment. This provision ensures that the victim receives compensation while offering the offender a structured way to repay their debt through labor, rather than facing imprisonment or a more severe, potentially life-ending, penalty.

#### Literary Devices
Exodus 22:3 employs several literary devices to convey its legal and ethical principles. The most prominent is **Casuistic Law**, characterized by its "if...then..." structure, which sets out specific conditions and their corresponding legal outcomes. This contrasts with apodictic law (e.g., the Ten Commandments) which are absolute commands. The verse also utilizes **Contrast** as a key rhetorical device, particularly when read in conjunction with [Exodus 22:2](/exodus/22-2 "Exodus 22:2 - Law for a Thief Caught at Night"). The stark difference in legal consequences for a thief caught at night versus during the day highlights the principle of **Proportionality** in Israelite law, where the severity of the response is calibrated to the perceived threat and circumstances. Furthermore, the law itself functions as a **Legal Principle**, establishing the sanctity of human life even for an offender, and prioritizing **Restorative Justice** (restitution) over purely punitive measures when the immediate danger is absent. The specific mention of "the sun be risen" serves as a **Symbolic Marker** for clarity and transparency, distinguishing a situation of clear visibility from one of hidden danger.

### THEOLOGICAL AND THEMATIC CONNECTIONS
Exodus 22:3 profoundly illustrates God's character as both just and merciful, laying down a legal framework that balances the protection of property rights with the sanctity of human life. It reveals a divine preference for restorative justice, where the emphasis is on making the injured party whole through restitution, rather than solely on retribution or capital punishment. This law underscores the principle that human life, even that of an offender, holds immense value and should not be taken without extreme justification. The provision for indentured servitude for those unable to pay highlights a compassionate element within the law, offering a path for the offender to repay their debt and avoid more severe consequences, demonstrating a system that sought to uphold justice while offering a measure of grace and a pathway to reintegration.

* [Leviticus 6:2-5](/leviticus/6-2 "Leviticus 6:2-5 - Law of Restitution for Sin") - This passage elaborates on the concept of restitution, requiring a person who has sinned against their neighbor (e.g., by theft or deceit) to restore what was taken, plus a fifth of its value, on the day they confess their guilt.
* [Proverbs 6:30-31](/proverbs/6-30 "Proverbs 6:30-31 - The Consequences of Theft") - While condemning theft, this proverb also speaks of a thief caught in the act being compelled to "restore sevenfold," even if it costs him all his possessions, reinforcing the principle of comprehensive restitution.
* [Luke 19:8](/luke/19-8 "Luke 19:8 - Zacchaeus's Promise of Restitution") - Zacchaeus, upon encountering Jesus, declares his intention to give half his possessions to the poor and to restore "fourfold" anything he has defrauded, demonstrating a heart transformed by grace and committed to radical restitution beyond the legal requirement.

### REFLECTION AND APPLICATION
Exodus 22:3 offers timeless principles that resonate deeply in contemporary society. It challenges us to consider the balance between justice and mercy in our own lives and in our legal systems. The emphasis on restitution reminds us of the profound importance of personal accountability and the necessity of making amends when we have wronged others. It calls us to move beyond mere punishment towards restorative practices that seek to heal victims and rehabilitate offenders, fostering genuine reconciliation and wholeness within communities. This ancient law encourages us to value human life above material possessions and to seek solutions that uphold both dignity and justice, even in difficult circumstances. It prompts us to reflect on how we can contribute to systems that offer pathways for individuals to repay their debts to society and integrate back into productive life, rather than simply being cast aside.

#### Questions for Reflection
* **How does the distinction between day and night theft in Exodus 22:2-3 inform our understanding of proportionality in justice today?**
* **In what ways can the principle of "full restitution" be applied in modern contexts, both personally and systemically, beyond mere financial compensation?**
* **How can we, as individuals and communities, better balance the pursuit of justice for victims with the offering of mercy and a path to restoration for offenders?**

### FAQ
**Why is there a different consequence for a thief caught during the day versus at night?**

Answer: The distinction between a thief caught at night ([Exodus 22:2](/exodus/22-2 "Exodus 22:2 - Law for a Thief Caught at Night")) and one caught during the day ([Exodus 22:3](/exodus/22-3 "Exodus 22:3 - Law for a Thief Caught in Daylight")) is based on the perceived threat to the homeowner's life. At night, in the darkness, it was assumed that the homeowner's life was in danger, and therefore, killing the intruder was considered an act of self-defense for which no bloodguilt was incurred. During the day, with visibility, the immediate threat to life was presumed to be significantly lower. Thus, killing the thief would be an excessive use of force, incurring bloodguilt, and the law shifted its focus to ensuring restitution for the stolen property. This demonstrates a nuanced legal principle of proportionality.

**Was being "sold for his theft" a form of slavery?**

Answer: The provision "then he shall be sold for his theft" refers to a temporary form of indentured servitude, not chattel slavery where a person is treated as property with no rights. In ancient Israel, this was a common legal mechanism for debt repayment. The individual would work for the victim or another party for a set period, typically until the debt was repaid, or for a maximum of six years, after which they were to be released (as detailed in [Exodus 21:2](/exodus/21-2 "Exodus 21:2 - Law Concerning Hebrew Servants")). This system ensured that victims received compensation while providing a structured, albeit harsh, pathway for the offender to fulfill their legal obligation without being permanently enslaved or left destitute.

**What does "full restitution" mean in this context?**

Answer: "Full restitution" means that the thief was obligated to completely restore what was stolen to the victim. This often involved repaying the value of the stolen goods, and in many cases, an additional penalty. For instance, [Exodus 22:4](/exodus/22-4 "Exodus 22:4 - Law for Stolen Animals") specifies that if the stolen animal is found alive, the thief must repay double its value. If the animal was consumed or sold, the penalty could be four or five times its value ([Exodus 22:1](/exodus/22-1 "Exodus 22:1 - Law for Stolen Ox or Sheep")). The underlying Hebrew word for restitution (*shalam*) conveys the idea of making the injured party "whole" again, emphasizing restoration and completeness rather than just punishment.

### CHRIST-CENTERED FULFILLMENT
Exodus 22:3, with its emphasis on restitution and the sanctity of life, finds profound Christ-centered fulfillment in the person and work of Jesus. While the law demanded restitution for stolen property, humanity's greatest theft is against God Himself—the theft of His glory through sin ([Romans 3:23](/romans/3-23 "Romans 3:23 - All Have Sinned")). We, like the thief with nothing to repay, are utterly bankrupt before God's justice. Yet, Christ, the ultimate Lamb of God ([John 1:29](/john/1-29 "John 1:29 - Jesus, the Lamb of God")), stepped in to make "full restitution" on our behalf. He paid the debt we could not pay, offering His perfect life as a ransom and a propitiation for our sins ([Romans 3:25](/romans/3-25 "Romans 3:25 - Christ as Propitiation"); [2 Corinthians 5:21](/2_corinthians/5-21 "2 Corinthians 5:21 - Christ Made Sin for Us")). His sacrifice on the cross was the ultimate act of restorative justice, reconciling us to God and making us "whole" again. Furthermore, Jesus' teachings consistently elevated the value of human life and emphasized mercy alongside justice, often calling for forgiveness and reconciliation that went beyond mere legal restitution ([Matthew 5:38-42](/matthew/5-38 "Matthew 5:38-42 - Turn the Other Cheek"); [Luke 6:36](/luke/6-36 "Luke 6:36 - Be Merciful")). In Christ, we see the perfect embodiment of God's desire not merely for punishment, but for restoration and abundant life for those who are spiritually impoverished.

Note: Commentary is generated by AI with a directive for Biblical fidelity. Always rely on the Holy Spirit for discernment. The Scripture text and cross-references are from verified, non-AI sources.