The Bible Says What? ‘You can’t kill a burglar in the day, but it’s OK at night’
Rabbi Danny Rich takes a topical issue from the Torah and looks at a Liberal Jewish response
Parashat Mishpatim (Exodus 21:1 – 24:16) is an early attempt to create a comprehensive law code and, thus, is a miscellany of obligations and
prohibitions. It observes: “If a thief is found tunnelling and is beaten to death there is no bloodguilt but, if the sun has risen, there is bloodguilt and restitution must be made….”
This states that if the burglary takes place in daylight and it is assumed the burglar had no intent other than to steal, the householder could have prevented the burglary or further harm without killing the thief.
In the event the burglar loses his life, compensation is payable, which affirms the general Torah principle of the sanctity of human life – even a burglar – over the protection of property.
A thief at night, however, is a different matter from both the perspective of the burglar and of the householder. It is assumed that at night, a residence will be occupied by sleeping persons who, when awoken, cannot be sure of the intention of the burglar, who might respond with violence if disturbed.
It is further assumed the burglar will fight to get away, and therefore, the legal condition of ‘imminent threat’ justifies the householder’s claim of ‘lawful self-defence’.
In English law, it is similarly assumed that a residence is occupied at night-time, which aggravates the offence.
A householder may take ‘reasonable’ steps to protect him or herself, other residents and indeed one’s property, but ‘reasonable’ is always a matter of judgment and circumstances.
The Torah lays down a sensible and sensitive teaching by which, while every life including the burglar’s has value, there are circumstances where a householder may claim the necessity of taking that life.
- Danny Rich is Senior Rabbi of Liberal Judaism and has sat as a magistrate for more than 20 years
Thank you for helping to make Jewish News the leading source of news and opinion for the UK Jewish community. Today we're asking for your invaluable help to continue putting our community first in everything we do.
For as little as £5 a month you can help sustain the vital work we do in celebrating and standing up for Jewish life in Britain.
Jewish News holds our community together and keeps us connected. Like a synagogue, it’s where people turn to feel part of something bigger. It also proudly shows the rest of Britain the vibrancy and rich culture of modern Jewish life.
You can make a quick and easy one-off or monthly contribution of £5, £10, £20 or any other sum you’re comfortable with.
100% of your donation will help us continue celebrating our community, in all its dynamic diversity...
Engaging
Being a community platform means so much more than producing a newspaper and website. One of our proudest roles is media partnering with our invaluable charities to amplify the outstanding work they do to help us all.
Celebrating
There’s no shortage of oys in the world but Jewish News takes every opportunity to celebrate the joys too, through projects like Night of Heroes, 40 Under 40 and other compelling countdowns that make the community kvell with pride.
Pioneering
In the first collaboration between media outlets from different faiths, Jewish News worked with British Muslim TV and Church Times to produce a list of young activists leading the way on interfaith understanding.
Campaigning
Royal Mail issued a stamp honouring Holocaust hero Sir Nicholas Winton after a Jewish News campaign attracted more than 100,000 backers. Jewish Newsalso produces special editions of the paper highlighting pressing issues including mental health and Holocaust remembrance.
Easy access
In an age when news is readily accessible, Jewish News provides high-quality content free online and offline, removing any financial barriers to connecting people.
Voice of our community to wider society
The Jewish News team regularly appears on TV, radio and on the pages of the national press to comment on stories about the Jewish community. Easy access to the paper on the streets of London also means Jewish News provides an invaluable window into the community for the country at large.
We hope you agree all this is worth preserving.
