Verses 2-4:
"Breaking up" from khathar, making forcible entry into a house.
Breaking into a house by night could be forcibly resisted. If the burglar were killed in the process, the "avenger of blood" might not proceed against the slayer. But if the entry were in the daytime, this provision did not apply. The reason: the thief might be apprehended and forced to make restitution. This principle applied in other societies beside Israel: Solon; Roman law; and English law.
If the stolen articles were found with the thief, he must pay double the value.
The text honors the right of personal property. None should steal that which belongs to another, even to supply his basic needs. Reasons for this:
1. God’s ownership. Man owns nothing; he is merely the custodian of what belongs to God, Ps 50:8-12.
2. Man’s stewardship. God reserves the right to distribute to each that share of His own which he can manage. It violates this principle to take for oneself that which God does not give, 1Co 4:2.
3. Compassion. To steal, even in case of need, is to deprive the property-holder of the blessing of giving to supply that need.
A thief, unable to make restitution for what he stole, could be sold into slavery to satisfy this provision.