Matthew Poole and continuators on Exodus 22:2

2 If a thief be found breaking up , and be smitten that he die, there shall no bloud be shed for him .

To wit, an house, which the Chaldee here addes, and by night, as appears from the next verse.

(i. e.) For the thief, though he be killed by a man in his own defence. Because in that case, the thief might be presumed to have a worse design, and the owner of the house could neither expect or have the help of others to secure him from the intended violence, nor guide his blows with that discretion and moderation, which in the day-time he might use.