Charles Ellicott Commentary Exodus 22:3

"If the sun be risen upon him, there shall be bloodguiltiness for him; he shall make restitution: if he have nothing, then he shall be sold for his theft." — Exodus 22:3 (ASV)

If the sun be risen upon him. — In the daytime, no violence is to be feared. The housebreaker seeks to avoid observation and flees if discovered. Moreover, assistance is readily obtainable, and thus there is no need to resort to extreme measures. The English law makes exactly the same distinction as the Mosaic.

For he should make full restitution. — Heb., restoring, he shall restore. It is not quite clear whether he is to restore double, but most commentators understand the passage this way.

If he have nothing. — Rather, if he has not enough. If he cannot make the full restitution of the preceding verse, then he shall be sold for his theft. He shall become the slave for a term of six years to the man whom he has robbed, and in that way pay his debt.