Talmud su Esodo 22:2

MISHNAH: The intruder by stealth is judged because of his end⁷⁵Ex. 22:1 permits the residents of a house to kill the stealth intruder since it is assumed that he would kill anybody offering resistance to his burglary.. If in the course of a burglary he broke an amphora, if he has blood-guilt attached to him⁷⁶If the sun shone on him, Ex. 22:2., he is liable⁷⁷Ex. 22:2.; if he has no blood-guilt attached to him, he is not liable⁷⁸Since he can be killed, his burglary is the equivalent of a capital crime cf. Note 102..

HALAKHAH: “The intruder by stealth,” etc. ⁷⁹Parallel texts are in the Babli 72a, Mekhilta dR.. Ismael Mišpaṭim 13, dR. Simeon ben Iohai p. 192, Sifry Deut. 217; partially Yerushalmi Ketubot 4:4 (Notes 88–93). Rebbi Ismael stated: This is one of three verses⁸⁰To the verses Ex. 21:19 and 22:2 mentioned here one has to add Deut. 22:17. which in the Torah have been formulated as a simile: If he gets up and walks outside on his support⁸¹Ex. 21:19.. If the thief is found in the digging, if the sun shone on him, he has blood⁷⁷Ex. 22:2.. Does the sun shine only on him? Does the sun not shine on all beings in the world? But just as sunshine is special in that it brings peace to the entire world, so in any case in which you know that you are at peace with him, whether it be day or night his killer will be killed⁸²The Babli, 79b, states that if a father intrudes in the son’s home, the son does not have the right to kill him. The Yerushalmi does not have this good opinion of family relationships, cf. the next paragraph.. If sometimes he comes to steal, sometimes he comes to kill, you say that if certainly he comes to steal, his killer will be killed⁸³In Tosephta 11:9, this is a declarative sentence; the next sentence is missing there.? Since sometimes he comes to kill, he may be killed. From here you argue about danger to life, to say that just as (foreign worship)⁸⁴Obviously, foreign worship has to be deleted since Mishnah 9 states clearly that a person intent on idolatry cannot be killed before he acts. One must read שְׁפִיכוּת דָּמִים “bloodshed” which defiles the Land (Num. 35:33; Babli Šabbat 33a, Yoma 85a); by Mishnah 9 a person intent on committing murder may be killed by any bystander before he commits the murder. If a person with a drawn sword runs after another, it is only a surmise but one which allows the bystander to kill the attacker; maybe the pursuer would not kill his victim. This is the “action in doubt“ referred to in this sentence. is special in that it defiles the Land, desecrates the Name, removes the Divine Presence, and doubts are disregarded, so much more that doubts have to be disregarded in cases of danger to life⁸⁵The Sabbath must be desecrated for the possibility of saving a life. For example, if there was a landslide on the Sabbath and it is only surmised that somebody was buried in it, one starts digging without delay..

BARAITHA.⁵⁵Cf. ibid. 94a (Sonc. ed., p. 527). A man may not say to his fellow, ‘Take oil from the jar when it is [in fact] empty’.
GEMARA. He who steals the mind⁵⁶Crafty deception, cf. I. Epstein, The Jewish Way of Life, pp. 58f. of his fellow is as though he deceived the All-present, because the Torah decreed that the robber must pay in full⁵⁷Ex. 22, 2. for the theft, but the thief must pay twofold in the case of articles, fourfold in the case of sheep, but fivefold in the case of cattle.⁵⁸ibid. XXI. 37. The thief had to carry the sheep off on his shoulders but he could ride on the ox. Cf. B.Ḳ. 79b (Sonc. ed., p. 452). Why [the difference]? Because the All-merciful showed consideration [to the thief for his trouble].