אם במחתרת ימצא הגנב והכה ומת אין לו דמים. אם זרחה השמש עליו דמים לו שלם ישלם. אם אין לו ונמכר בגניבתו
It seems quite simple. A person breaks into a house at night, indicating by his covert approach that he does not want to be discovered. Thus, his life has no value, because he would murder in order to protect his identity. On the other hand, the thief that steals by light of day presents less of a danger to the owner of the house. Therefore, when he is caught, he pays. If he is unable to pay, he is sold into slavery. The halachah that an indigent thief is sold into slavery is not exclusive to ba b’machteres, one who…