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Chapter 22

[If a thief is caught[a] in the act of housebreaking and beaten to death, there is no bloodguilt involved. But if after sunrise he is thus beaten, there is bloodguilt.] He must make full restitution. If he has nothing, he shall be sold to pay for his theft.

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Footnotes

  1. 22:1–2 If a thief is caught: this seems to be a fragment of what was once a longer law on housebreaking, which has been inserted here into the middle of a law on stealing animals. At night the householder would be justified in killing a burglar outright, but not so in the daytime, when the burglar could more easily be caught alive. He must make full restitution: this stood originally immediately after 21:37.