but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft.
English Standard Version (ESV)
The verse contrasts a nighttime thief with a daytime one, highlighting a crucial distinction: if caught in broad daylight, the thief isn't automatically assumed to be a murderer. This means the person who kills a daytime thief is then responsible for that death, unlike in the darkness where distinguishing between a thief and a violent robber is much harder.
but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft.
English Standard Version (ESV)
This passage is part of God's instructions to Moses about how to deal with theft and injustice, particularly focusing on restitution and punishment. It follows rules about restitution for stolen animals and addresses the specific scenario of a thief caught in the act, distinguishing between nighttime and daytime encounters. The verses directly following discuss consequences for damaging crops and lending money.
Imagine catching a thief in the act. Would your reaction be the same if it was midnight versus noon? The Bible certainly thought so.
Exodus 22 lays out a stark contrast based on when a theft occurs.
Thieves in the Night
When a thief broke in after dark (Exodus 22:2), the homeowner could defend themselves with lethal force, and the slayer would generally not be held accountable for bloodshed. The assumption was that such a nighttime intruder posed a grave danger, potentially with murderous intent.
Thieves in the Daylight
However, verse 3 shifts dramatically. If caught after the sun had risen, the rules changed. The implication is that a daylight thief was less of an immediate mortal threat. They might be intending only theft, and the homeowner had opportunities to call for help or apprehend them without resorting to killing. Therefore, taking their life was no longer permissible and carried the penalty of 'bloodguilt.'
What happens when the law prevents a deadly confrontation? It insists on making things right in a different, profound way.
When a thief was caught in daylight and not killed, the law pivots from potential capital punishment to a mandate for restitution.
The Mandate to Restore
The text states, 'He shall surely pay.' This means the thief was obligated to make full restitution for what they stole. The scholarly context suggests this could mean restoring double, quadruple, or even quintuple the value, depending on the item stolen (as detailed in other parts of Exodus 22). The primary goal here is to compensate the victim for their loss.
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When Payment Isn't Possible
But what if the thief had nothing? The law doesn't leave the victim without recourse. 'If he has nothing, then he shall be sold for his theft.' This wasn't about revenge; it was about fulfilling the debt. The thief would essentially become an indentured servant to the person they robbed, working to pay off the value of the stolen goods. This ensured the victim was compensated and the thief faced the consequences of their actions through labor, not just lethal force.
Jesus echoes the principle of proportionality in justice, contrasting the 'eye for an eye' retribution with a call for non-retaliation, which deepens our understanding of how God's justice operates beyond simple revenge.
Luke 12:58-59This parable illustrates the severe consequences of unresolved debt and injustice, paralleling the idea that failing to settle what is owed, even through servitude, has serious repercussions.
Proverbs 6:30-31This passage highlights the societal understanding of restitution for theft, noting that while society may condemn the thief, the ultimate aim is compensation, even if it means a form of servitude.
2 Samuel 12:5-6In Nathan's parable to David, the principle of restitution is powerfully applied, showing how a life taken or property unjustly acquired demands a penalty far exceeding the simple value, underscoring the gravity of taking what isn't yours.
calvinExodus 22:1-4: "If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep."
- If a thief be found breaking up. This clause is to be taken separately, and is inserted by way of parenthesis; for, after having decreed the punishment, God adds in connection, "he should make full restitution; if he have nothing, then he should be sold for his theft;" and this exception as to the thief in the night is introduced parenthetically.…
gillExodus 22:3: "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."
If the sun be risen upon him,.... Either upon the thief, or upon the master of the house, or the person that finds the thief and smites him that he dies; it matters not which it is interpreted, it is true of both, for when it is risen on the one, it is on the other: there shall be blood shed for him; the person that kills h…
The verse contrasts a nighttime thief with a daytime one, highlighting a crucial distinction: if caught in broad daylight, the thief isn't automatically assumed to be a murderer. This means the person who kills a daytime thief is then responsible for that death, unlike in the darkness where distinguishing between a thief and a violent robber is much harder.
This passage is part of God's instructions to Moses about how to deal with theft and injustice, particularly focusing on restitution and punishment. It follows rules about restitution for stolen animals and addresses the specific scenario of a thief caught in the act, distinguishing between nighttime and daytime encounters. The verses directly following discuss consequences for damaging crops and lending money.
This passage is part of God's instructions to Moses about how to deal with theft and injustice, particularly focusing on restitution and punishment. It follows rules about restitution for stolen animals and addresses the specific scenario of a thief caught in the act, distinguishing between nighttime and daytime encounters. The verses directly following discuss consequences for damaging crops and lending money.
"but if the sun has risen on him, there shall be bloodguilt for him. He shall surely pay. If he has nothing, then he shall be sold for his theft." — The verse contrasts a nighttime thief with a daytime one, highlighting a crucial distinction: if caught in broad daylight, the thief isn't automatically assumed to be a murderer. This means the perso…
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Last reviewed October 2026