Exodus 22:2Meaning & Commentary from the Church Fathers

In a similar vein, divine law instructs us not to take from others for our own benefit, whether through the act of theft or by demanding the death of the thief. Humanity calls upon us to assist those in need, but cruelty only seeks to take more than it gives. If someone requires your support because they are unable to repay a financial obligation, it is unjust, masquerading as compassion, to request more from one who can provide nothing. You free the debtor from their creditor only to ensnare them as your own debtor. Thus, what is labeled as humanity merely serves to perpetuate injustice.

This principle is grounded in the inherent right to protection, as during nighttime a burglar caught with instruments for theft, fearful of being caught, might resort to violence against the one who discovers him. Furthermore, at night, a thief can typically only be identified up close, leading to the justification of using deadly force against the intruder without concern for repercussions. However, this entitlement shifts entirely at first light. The thief becomes visible from a distance, and if he attempts to flee, one can pursue him and summon others for his capture. Under Roman law, the terms 'fur nocturnus' referred to a nighttime assailant while 'fur manifestus' indicated a thief in plain sight, wherein the latter could be lawfully killed.