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Question 1

תנו רבנן (שמות כב, א) מחתרת אין לי אלא מחתרת גגו חצירו וקרפיפו מנין ת”ל (שמות כב, א) ימצא הגנב מ”מ אם כן מה ת”ל מחתרת מפני שרוב גנבים מצויין במחתרת

Answer 1

§ The Sages taught in a baraita: From the words: “If a burglar is found breaking in” (Exodus 22:1), I have derived only that this halakha applies to a burglar who came breaking in through a wall. But from where do I derive that the same halakha applies if he was found on his roof, in his yard, or in the enclosed area behind his house? Therefore, the verse states: “If a burglar is found,” which teaches that the halakha applies in any case. If that is so, what is the meaning when the verse states: “Breaking in”? Because the Torah speaks of a common case, and most thieves are found breaking in.

Question 2

תניא אידך מחתרת אין לי אלא מחתרת גגו חצירו וקרפיפו מנין תלמוד לומר ימצא הגנב מ”מ א”כ מה תלמוד לומר מחתרת מחתרתו זו היא התראתו

Answer 2

It is taught in another baraita: From the words: “If a burglar is found breaking in,” I have derived only that this halakha applies to a burglar who came breaking in through a wall. But from where do I derive that the same halakha applies if he was found on his roof, in his yard, or in the enclosed area behind his house? Therefore, the verse states: “If a burglar is found,” which teaches that the halakha applies in any case. If that is so, what is the meaning when the verse states: “Breaking in”? This teaches that his breaking in is his forewarning. If a burglar is found breaking into a house, the owner need not formally forewarn him before killing him. If he is found elsewhere, such a forewarning is necessary.