John Calvin 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 be found breaking up. This clause is to be taken separately and is inserted parenthetically. For, after having decreed the punishment, God adds, he should make full restitution; if he have nothing, then he should be sold for his theft; and this exception regarding the thief in the night is introduced parenthetically.

But although the details are not expressed with sufficient clarity, the intention of God is still not at all ambiguous: namely, that if a thief should be killed in the dark, his killer should go unpunished. This is because he can then hardly be distinguished from a robber, especially when he proceeds with violence. Indeed, he cannot enter another person’s house by night without either digging through a wall or breaking down a door.

The Twelve Tables¹³⁵ differ slightly from this, for they permit the killing of a thief by night, and also by day if he defends himself with a weapon.

But, since God had sufficiently addressed murders and violent assaults through other laws, He is silent here regarding robbers who use the sword in their attempts at plunder. He therefore justly condemns to death those who have avenged by murder a theft committed in broad daylight.

¹³⁵ This provision of the Twelve Tables is thus given by A. Gell. 11. ult., “Si nox furtum faxit, sim (., “Si nox furtum faxit, sim (si eum) quis occisit, jure caesus esto: si luci furtum faxit, sim aliquis endo quis occisit, jure caesus esto: si luci furtum faxit, sim aliquis endo (in) ipso furto capsit, verberator, illique, cui furtum factum escit ipso furto capsit, verberator, illique, cui furtum factum escit (erit) addicitor, sed non nisi is, qui interemturus erat, quiritaret,” ) addicitor, sed non nisi is, qui interemturus erat, quiritaret,” i.e., shall have called out for assistance.., shall have called out for assistance.