Exodus 22:1-4

"If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall pay five oxen for an ox, and four sheep for a sheep. If the thief be found breaking in, and be smitten so that he dieth, there shall be no bloodguiltiness for him. 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. If the theft be found in his hand alive, whether it be ox, or ass, or sheep; he shall pay double."

Here is the foundation of the principle that a man's home is his castle, as it was not considered murder to kill a thief in the act of entering a residence at night. That last proviso was altered in cases of breaking and entering in daylight, the difference being that, in daylight, the thief could be identified, apprehended, and brought to justice, and, in this distinction is seen the truth that, human life is of greater value than property, and "The life, even of a thief, is of consequence in the eyes of God."[3]

The mention of "bloodguiltiness" here has reference to the right of the next of kin to take vengeance by killing the slayer. Such a right did not include the right to kill a man who had killed a thief (at night) in the act of breaking and entering, but it did pertain to a similar slaying in daylight.

Another distinction is also significant. The thief who stole any of the animals mentioned and promptly disposed of them by slaughter or by sale would be required to restore five oxen, or four sheep, but, if he still retained the animals alive, his penalty would be reduced to restoring double. Why? Apparently, as long as no final disposition of the stolen animals had been made, the thief retained the right, or option, of returning them to the lawful owner. The lighter penalty was a presumptive mercy extended to the guilty on the possibility that he might have intended to restore them.

If one would like to know how the famous Code of Hammurabi handled a similar situation, here it is:

"If a seignior stole either an ox, or a sheep, or an ass, or a pig, or a boat, and if it belonged to the church or the state, he shall make thirty-fold restitution; but if it belonged to a private citizen, he shall make good ten-fold. If the thief does not have sufficient to make restitution, he shall be put to death.[4]