“If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.”
If a thief is caught breaking in at night and is struck a fatal blow, the defender is not guilty of bloodshed. The nocturnal break-in justifies lethal force in self-defense — the darkness makes intentions unknowable and the threat potentially lethal. The law recognizes the legitimate use of force to protect household and family against an unknown nighttime intruder. Proverbs 24:11 says rescue those being led away to death — the protective instinct that the law permits at night is the same instinct the Proverb requires toward the vulnerable. The provision for self-defense against the nocturnal intruder is the law's recognition that households have the right to protect themselves when the threat of violence cannot be assessed.
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