Wyjścia 22:2 Komentarz: Rashi, Chizkuni, Da'at Zekenim & Ramban

אם זרחה השמש עליו IF THE SUN SHONE UPON HIM — This is only a metaphorical expression signifying: if the fact is clear to you that he is peaceably disposed towards you. The simile is: just as the sun brings peace (happiness) to the world so if it is evident to you that he did not come with the intention of killing, even if the owner of the property would resist him (Sanhedrin 72a), as, for instance, when a father breaks in to steal the money of his son, for it is certain that the father cherishes feelings of pity for his child and the matter of taking human life is not in his thoughts at all, — then

אם זרחה השמש עליו, “if the thief had remained in full view of his potential victim;” (and the owner had killed him)

שלם ישלם שנים, “must pay twice the value of what he had destroyed” The Talmud tractate Baba Kamma, folio 60, quotes G–d as having said: “I have lit a destructive fire in Zion,” (Lamentations 4,11) it therefore behooves Me when (the time comes) to pay for the destruction I have caused.” This is the deeper meaning of what the prophet Zecharyah has said in Zecharyah 2,9, “I will be for Zion a (protective) wall of fire all around it.”

דמים לו, then he is to be regarded as a living man (cf. Rashi’s explanation of אין לו דמים v. 1.), and it is murder if the householder kills him.