Talmud do Wyjścia 22:1
אִם־בַּמַּחְתֶּ֛רֶת יִמָּצֵ֥א הַגַּנָּ֖ב וְהֻכָּ֣ה וָמֵ֑ת אֵ֥ין ל֖וֹ דָּמִֽים׃
Jeżeli w podkopie schwytanym będzie złodziej, a pobitym zostanie na śmierć; nie będzie o niego winy krwi.
Jerusalem Talmud Sanhedrin
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..
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Jerusalem Talmud Sanhedrin
It is written: If the thief was found in a tunnel, was smitten, and died, there is no blood-guilt75Ex. 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.. Rebbi Ḥiyya stated: In the tunnel86From חתר “to undermine”. The thief digs under the wall to enter the house. there is no blood-guilt, outside the tunnel there is blood guilt. Rebbi Simeon ben Ioḥai stated: Even outside the tunnel there is no blood-guilt, for a person’s property is beloved by him like his own soul. He87The property owner. sees him88The thief., that he88The thief. comes to take his87The property owner. money away from him, stands up against him88The thief. and kills him88,The thief.89A similar statement is anonymous in the Babli, Yoma 85b.. Rav Huna said, if he took a wallet, turned to leave and went, if then one stood up against him and killed him88The thief. the killer will not be killed. What is Rav Huna’s reason? For his temper is hot90Deut. 19:6, another case of non-prosecutable homicide.. Rav said, I would kill anybody who would come against me, except Ḥanania ben Shila91A cousin of Rav, lover of roast pigeon (Babli Pesaḥim 10:8)., of whom I know that he would come only to take his meal from me. Rebbi Isaac said, if he has the temerity to do something like that, he cannot be Ḥanania ben Shila92Therefore, any their caught in a house may be killed by the owner..
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