Charles Ellicott Commentary Exodus 22:2

"If the thief be found breaking in, and be smitten so that he dieth, there shall be no bloodguiltiness for him." — Exodus 22:2 (ASV)

If a thief is found breaking up. —Rather, breaking in: i.e., making forcible entry into a dwelling-house. Most codes agree with the Mosaic in allowing the residents of the house to resist such an attempt if made at night, and to shed the blood of the burglar, if necessary. He may be considered as having dissolved the “social compact,” and converted himself from a fellow-citizen into a public enemy. A murderous intent on his part may be suspected.