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Exodus 21:16 - Kidnapper's fatal crime.

Exodus 21:16 - שמות 21:16

Hebrew Text

וְגֹנֵב אִישׁ וּמְכָרוֹ וְנִמְצָא בְיָדוֹ מוֹת יוּמָת׃

English Translation

And he that steals a man, and sells him, if he be found in his hand, he shall surely be put to death.

Transliteration

Vegonev ish umcharo venimtza veyado mot yumat.

Hebrew Leining Text

וְגֹנֵ֨ב אִ֧ישׁ וּמְכָר֛וֹ וְנִמְצָ֥א בְיָד֖וֹ מ֥וֹת יוּמָֽת׃ <span class="mam-spi-samekh">{ס}</span>        
וְגֹנֵ֨ב אִ֧ישׁ וּמְכָר֛וֹ וְנִמְצָ֥א בְיָד֖וֹ מ֥וֹת יוּמָֽת׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Verse Context and Source

The verse (Shemot 21:16) appears in the Torah portion of Mishpatim, which details civil and criminal laws. This particular law addresses the severe prohibition of kidnapping, known in Hebrew as "gonev nefesh" (stealing a person). Unlike theft of property, kidnapping is a capital offense, reflecting its gravity in Jewish law.

Rashi's Commentary

Rashi (Rabbi Shlomo Yitzchaki) explains that this verse refers specifically to stealing a person with the intent to sell them into slavery. He derives this from the phrase "וּמְכָרוֹ" ("and sells him"), indicating the kidnapper's malicious intent. Rashi further notes that the death penalty applies only if the kidnapper is caught "בְיָדוֹ" ("in his hand"), meaning while the victim is still under his control.

Rambam's Legal Analysis

In Mishneh Torah (Hilchot Geneiva 9:1-2), the Rambam (Maimonides) codifies this law, stating that kidnapping is punishable by death only if:

  • The kidnapper physically takes the victim into his domain.
  • There are witnesses to the act.
  • The kidnapper receives a formal warning (hatra'ah) before committing the crime.

Rambam emphasizes that this law applies equally to stealing an Israelite or a non-Jew, underscoring the universal severity of the sin.

Talmudic Discussion

The Gemara (Sanhedrin 85b) discusses the conditions for conviction, clarifying that the kidnapper must have both stolen and sold the victim to incur the death penalty. The Talmud also differentiates between kidnapping for ransom (which may not always be a capital crime) and kidnapping for enslavement (which is).

Moral and Ethical Implications

Midrash Tanchuma (Mishpatim 8) highlights the severity of this sin by comparing it to murder, as kidnapping deprives a person of their freedom—a fundamental divine gift. The Sages teach that one who kidnaps another denies G-d's image in man (tzelem Elokim), making it a crime against both the victim and the Creator.

Practical Halachic Considerations

Although the death penalty requires a Sanhedrin and specific conditions rarely met in practice, the Torah's strict prohibition remains eternally binding. Modern halachic authorities apply the principle of "kana'im pogin bo" (zealots may act against him) in extreme cases, permitting intervention to prevent kidnapping even at the cost of the perpetrator's life.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 85b
The verse is cited in the context of discussing the laws pertaining to kidnapping and the severe punishment for such an act, emphasizing the gravity of the offense.

Frequently Asked Questions

Q: What does Exodus 21:16 mean?
A: Exodus 21:16 states that kidnapping and selling a person is a capital offense in Jewish law. The Torah considers this a severe crime because it violates the fundamental rights and dignity of a human being. According to Rashi, this verse applies even if the kidnapper did not harm or enslave the victim—the act of stealing a person itself is punishable by death.
Q: Why is kidnapping such a serious crime in the Torah?
A: Kidnapping is treated as a capital offense because it denies a person their God-given freedom and autonomy. The Rambam (Hilchot Geneiva 9:1) explains that stealing a person is worse than stealing property because it attacks the very essence of a human being's liberty. The Talmud (Sanhedrin 86a) also includes this among the few crimes for which the Torah mandates the death penalty, showing its severity.
Q: Does Exodus 21:16 apply today?
A: While Jewish courts no longer carry out capital punishment, the moral and legal principles of Exodus 21:16 remain binding. The prohibition against kidnapping is absolute, and Jewish law (Halacha) still considers it a grave sin. The verse teaches the eternal value of human freedom and the severity of violating it.
Q: What is the difference between stealing property and stealing a person according to this verse?
A: The Torah distinguishes between theft of property (which usually requires repayment) and kidnapping (which is punishable by death). Rashi explains that stealing a person is in a different category because it affects the victim's very being. The Talmud (Sanhedrin 85b) further elaborates that human life and liberty cannot be measured in monetary terms like stolen objects.
Q: Are there any exceptions to this law in Jewish tradition?
A: The Talmud (Sanhedrin 85b) discusses specific conditions that must be met for the death penalty to apply, such as witnesses warning the kidnapper beforehand. However, there are no exceptions to the fundamental prohibition—kidnapping is always forbidden. The Midrash (Mechilta) emphasizes that this law protects all people, showing the Torah's universal concern for human dignity.