EXOD626 (Continued from [[EXOD622]] Exodus 22:1 bloodguilt AMJV 119) However, this principle of self-defense and the right to kill an intruder are predicated on the assumption that the thief is indeed a potential and likely murderer and will kill the inhabitants if confronted. What happens when the homeowner knows that the thief is not at all interested in confrontation and has absolutely no desire to harm the inhabitants, but only wants to steal, and will run out of the house if someone wakes up? The continuation of the Torah in the next verse speaks of the situation. It says that if "the sun shines" on the homeowner and he then kills the intruder, then the homeowner is guilty of murder. What does the sun shining signify? The Talmud discusses the subject by framing the question: "Does the sun only shine on the homeowner? It shines on everyone!" Sanhedrin 72a. It answers that the phrase about the sun shining means that it is "as clear as day" to the homeowner. What is so clear? If it is evident that the thief will not kill or harm the people in the house, then the owner who pulls out a gun and kills the thief is indeed guilty of murder. Therefore, use of a gun or any weapon to harm or kill the intruder must be justified. Similarly, the Midrash says that the sun is the symbol of warmth and peace. Thus, if the sun is shining and it is clear that the thief is no threat to life, it is forbidden to kill that thief, and the resident of the home who does so is considered a murderer. Midrash, Mechilta, Nezikin 6

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EXOD627 See [[EXOD454]] Exodus 20:13 murder BLOCH 262

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EXOD628 From here it is derived that damages are assessed relative to the best quality (Gittin 48b)

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EXOD629 R. Shmuel b. Nachmani said in the name of R. Yonathan: Calamity visits the world only when there are evildoers in the world, as it is written: "If fire go out and find thorns…" When does fire go out? Only when "thorns" are found for it. And the [calamity] begins with the righteous, as it is written: [lit.,] "and the 'sheaves' have been consumed." It is not written; "and the sheaves will be consumed," but "have been consumed" -- They have been consumed already [i.e., even before the thorns] (Bava Kamma 60a)

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EXOD630 Shlomo, a"h, said (Mishlei 24:28-29), "Do not be a witness needlessly against your fellowman, and grind [him] with your lips. Do not say, 'As he has done to me I will do to him; I will repay the man according to his work.'" The explanation is [as follows]:[Shlomo] did not need to admonish, "Do not be a false witness"; rather, he said, "Do not be a witness needlessly'--if your fellowman succumbs to sin, you should neither testify against him nor expose his sin, needlessly, i.e., without reproving him. True, if he has stolen from another or cheated a person, one is obligated to bear witness regarding this in order that he return the theft, based upon the testimony of two witnesses; and if there is only one witness, an oath shall be taken between them [this verse; i.e., if the situation concerns torts, damages, and other monetary claims, one is obligated to testify; see Shulchan Aruch, Choshen Mishpat 28:1. Even one witness in such cases can force an oath in order to effect restitution. See paragraph 221 that even in this case, he must first try to reform the sinner through reproof]. But if one sees that his fellowman has stumbled in [a sin] of immorality [Devarim 24:1], or another such sin, he should not testify needlessly, i.e., without reproving the other, even if the observer has another witness who together with him will establish the facts [Rabbeinu Yonah is referring to a situation where the testimony can serve no purpose other than bringing the sinner to repent. See Chafetz Chayim, Hilchos Lashon Hara 4:4]. (Continued at [GEN296]] Genesis 2:18 alone GATES 422-3).

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EXOD631 See [[EXOD296]] Exodus 18:20 way AHAVCH 26

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EXOD632 A person is obligated to lend his possessions to others and a borrower has an obligation to carefully guard that which he borrows. [Author first lists and explains nine principles regarding the obligation to lend, then five regarding borrower's obligations.]

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EXOD633 Why such a severe punishment for obvious chicanery? The Talmud explains that the concept of a witch, by definition, attributes all actions and successes to a power other than God. Sanhedrin 67b Thus, according to the Torah, witchcraft is of abhorrent to the Jews, for the same reason that idol worship is so objectionable in Judaism: it gives ultimate power in the universe to something other than God.

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EXOD634 Do not allow a sorceress to live. Sorcery (witchcraft) is a known evil that leads to many types of pitfalls and social ills. Accordingly, Hashem commands us to rid the world of all practitioners of sorcery. In His eyes, sorcery is an unwanted element in the world, for He wants the world to function according to the natural order that He instituted at the time of Creation. Those who practice sorcery seek to change the natural order.

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EXOD636 See [[EXOD896]] Exodus 23:19 cook CHINUCH 60

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