The presence of the sun makes a difference in killing someone probably because it means that people can see in the daylight, and the Scriptures forbade a person from lying in wait to harm someone (Exodus 21:12-13), which is something the sun would probably not allow them to do. Let’s take a look at the verse.
Exodus 22:2–3, “If the thief is caught while breaking in and is struck so that he dies, there will be no bloodguiltiness on his account. 3 “But if the sun has risen on him, there will be bloodguiltiness on his account. He shall surely make restitution; if he owns nothing, then he shall be sold for his theft.”
First, human life should not be taken needlessly or carelessly. The 10 Commandments say not to murder (Exodus 20:13; Deut. 5:17). So, life is held sacred.
Second, the context deals with livestock theft (Exodus 22:1, 4). Then, verse 2 says that if the thief is caught and killed in the process, there shall be no guilt on his account. The context of verse 2 would be the theft occurring in darkness because the next verse talks about a different situation: the sun’s presence. So, if someone is breaking into a home or the property of somebody under darkness, his intention is not easily understood by the homeowner – since he can’t see what he is doing. This raises the stakes significantly, especially when it comes to protecting his family. But if the sun is in the sky, then as the context implies, such a thief who is after livestock and is caught is not to be killed because the theft of an animal did not warrant killing a human. The punishment for the theft of an animal is found in verse 4, which says if “what he stole was actually found alive in his possession… he should pay double.”
Exodus 21:12–13, “He who strikes a man so that he dies shall surely be put to death. 13 But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint you a place to which he may flee.”
So, the presence of the sun makes a difference in killing someone, probably because of the idea of “lying in wait.” As said above, it is possible that during the day, an individual can be seen stealing, and to lie in wait for him to kill him would be murder. But in darkness, it’s not an issue of lying in wait. It’s an issue of self-defense because it isn’t as easy to determine the intent of the intruder, only trying to steal animals.
