What does the Torah mean when it writes "Im Zarchah ha'Shemesh alav"? Since when does the sun shine only on the Ganav?
Rashi #1 (citing Sanhedrin, 72a) and Targum Yonasan: It is a Mashal - If it is as clear as daylight that, if the Ba'al ha'Bayis confronts him, the Ganav will not kill him - such as a father who is coming to steal from his son, 1 then 'Damim lo', his value is intact 2 and one is not permitted to kill him.
Rashi #2 (citing Targum Onkelos): It means that if witnesses see the Ganav, and when the Ba'al ha'Bayis comes, they warn him, in the event that he then kills him, he will be held responsible, because, since witnesses saw the Ganav, it is obvious that he would not have killed the owner. 3 ,
R. Bachye and Rashbam: It means that, if the Ganav comes to steal during the day (or he is delayed in the tunnel until morning ? R. Bachye), when the sun shines, 4 whoever kills him is guilty of murder 5 (because, since he knows that he has been exposed, he will not dare to kill anyone who confronts him ? R. Bachye).
Ramban #1 (citing Targum Onkelos): It means that, if the Ganav left the tunnel, even though the Ba'al ha'Bayis has witnesses that he was in the tunnel, he is liable if he kills him.
Ramban: It means that, if daylight arrives, the Ganav has Damim and the Ba'al ha'Bayis is Chayav if he kills him. This is because a thief normally tunnels by night, and if daylight comes, he flees, in which case witnesses can obligate him to pay for his theft, but neither Beis Din nor the Ba'al ha'Bayis may kill him.
Da'as Zekenim: It means that, if he comes during the day, he must pay for what he takes. 6
Yerushalmi 8:8: It means that, if it is as clear as the sun shining spells peace for the world, that the Ganav is coming in peace - and will not kill the owner - whether he comes by day or by night, whoever kills him is Chayav Miysah. 7
Sanhedrin, Ibid.: Another Beraisa, which states that one is forbidden to kill the Ganav unless it is as clear as daylight that he will not kill the owner is speaking about a son who is coming to steal from his father (or anybody else other than a father from his son).
Sanhedrin, 72b: And by the same token, should the wall that he is digging under collapse on him, one may clear it away even on Shabbos to save his life.
See Ramban's objection to this explanation. He also explains that both the previous Pasuk and the current one are speaking whether or not there are witnesses and warning. See also Rav Chavel's footnotes.
See R. Bachye, who explains why the Torah writes "Im Zarchah ha'Shemesh (feminine) " ? and not 'Im Zarach ha'Shemesh'.
Oznayim la'Torah. Because he is afraid that witnesses will see him commiting the murder. Se also answer #5.
Since 'Kam leih bi'de'Rabah Mineih' does not apply (PF). See also answer #3.
See Torah Temimah, note 11.
Why can we not extrapolate from the Pasuk that someone who kills the Ganav in the day is Chayav, but in the night, he is Patur?
Mechilta: Because we learn from the rapist of a Na'arah Me'urasah, by whom the Torah does not differentiate between day and night - but permits killing even in the day. 1
Mechilta: And just as one may not kill the rapist if one is able to save the Na'arah by other means, so too, may one only kill the Ganav if there is no other way of saving the owner. See Torah Temimah, note 12, who elaborates.
How does the second half of the Pasuk "Shaleim Yeshaleim ... " follow on from the first?
Rashi: In the latter case, knowing that that the Ganav will not kill the owner, one may not kill him without warning. 1
Ramban: It doesn't! It follows on from "Ki Yignov" (in 21:37).
Targum Yonasan: In the event that he is not caught, he is Chayav to pay for whatever he stole. 2 Otherwise he is sold by Beis-Din.
Consequently, the Ganav is Chayav to pay for any damage that he causes as he breaks in. And even if someone kills him, his heirs are obligated to pay out of their father's property (Mechilta).
In the former case, where we suspect that he came with the intention of killing, he is Patur from paying Mamon - due to the principle 'Kam Leih bi'de'Rabah Minei' (a person who performs an act for which he is Chayav both Misah and Mamon, receives the stricter punishment, and is absolved from the more lenient one).
Why must a Ganav who is unable to pay be sold as an Eved?
Seforno: Because otherwise, the poor people would steal indiscriminately, knowing that, since they are unable to pay for the theft, they will get off scot-free.
What if the theft is worth five hundred Zuz and he is worth a thousand ?
Kidushin, 18a: He is not sold - "ve'Nimkar" 'Kulo, ve'Lo Chetzyo'. 1
See Torah Temimah note 15, who discusses the Machlokes Tana'im as to whether, in the reverse case, he is sold twice or not at all.
Why does the Torah obligate the Mazik to pay Meitav?
R. Bachye (citing Gitin 48b): Because otherwise people would steal (eat from) their friends'Idis and pay back Beinonis (medium-quality fields) or Ziburis (poor-quality fields). 1
Riva #1: Because a person prefers his own to that of somebody else (Consequently, if the Nizak receives the same quality fields, he will not have been properly compensated).
Riva #2: Because his own property is close to him (and therefore more convenient). See previous answer.
Riva #3: It is a deterrent, to discourage people from damaging. 2
Oznayim la'Torah: To force him to be careful not to cause damage. 3
Bava Kama, 7b: So that it will be easy for the Nizak to sell it. 4
See R. Bachye who elaborates and explains why a debtor pays from Ziburis min ha'Torah and from Beinonis mi'de'Rabbanan and Kesubas Ishah from Ziburis.
Riva: A borrower, who did not intend to damage, only he is unable to pay, should really pay Ziburis (the lowest-quality land), only the Chachamim enacted Beinonis, to encourage potential creditors to lend. On the other hand, a woman collects her Kesubah from Ziburis, since the woman did not lose anything.
Refer also to 21:34:152:1.
See Torah Temimah, note 51.
What is "Venimkar bi'Geneivaso" coming to preclude?
Sotah 23b: It precludes a woman from being sold for her theft - "bi'Genevaso", 've'Lo bi'Geneivasah'.
Kidushin 18a: It precludes a. Someone who cannot pay Kefel, and b. Eidim Zomemin 1 from being sold - "bi'Genevaso", 've'Lo bi'Kefeilo ... ve'Lo bi'Zemamo'.
Kidushin, 18a: It precludes a Ganav from being sold a second time - if he steals again from the same person.
Moshav Zekenim: R. Eliyahu of Paris derived similarly 'not for his obligation', so a man need not hire himself out to work to feed his wife. R. Tam asked that the Kesuvah says 'I will work [and honor feed you]'! R. Eliyahu said, this refers to bodily honoring her. The Halachah follows R. Tam; this is not called a sale.
