Matthew Poole and continuators on Exodus 22:3

3 If the Sun be risen upon him, there shall be blood shed for him : for he should make full restitution: if he have nothing, then he shall be sold for his theft.

He that kills him shalt be put to death, because he punished him more than his crime deserved, and might have been otherwise either secured or righted, and in that case, it is probable the thief designed not murder, but theft onely. But if it were evident, that the house-breaker designed murder, he might doubtless kill him in his own defence.

Either so long till his service was worth the thing stollen, or rather for the ordinary time of six years, because this was not a simple thief, but an house-breaker, which was much worse. Quest. How can he be sold, who is supposed to be killed? Ans. The Hebrew word may be better rendred, should be sold, as the foregoing word, of the same future time, is rendred, should make restitution, to wit, if he were not killed; and therefore the killer of him being sufficiently secured against this injury was more culpable in killing him without necessity.