Tractate Sanhedrin, Herbert Danby tr. , at sacred-texts.com
M. VIII. 6. The housebreaker 1 is condemned in view of what he might do afterwards. If in his breaking through he have broken a barrel, where there would be blood-guiltiness 2 (if the householder killed him) he is liable (to payment of compensation); if there would be no blood-guiltiness, 3 he is free (from that liability).
R. Eliezer, 5 the son of Jacob, said further: If
112:1 Exod. 22. 2-4.
112:2 That is, by day.
112:3 That is, by night. The principle here assumed is, that "one who becomes liable to two penalties is to be condemned to the severer one" (cf. M. IX. 9); with the corollary that "he who commits a crime which leads to capital punishment is absolved from any payment of money compensation" (Sanh. 73b). An illustrative case is given in B. Kama III. 10: A man who fires his neighbour's corn is liable to compensation; if he have fired it on the Sabbath he is free from the liability of paying compensation for the corn, but he is subject to the death penalty for desecrating the Sabbath.
112:4 Ex. 22. 3.
112:5 A contemporary of R. Eliezer b. Hyrcanus. He was considered the authority on the structural details of the Temple.