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Deuteronomy 24:7 - Kidnapper's severe divine punishment

Deuteronomy 24:7 - דברים 24:7

Hebrew Text

כִּי־יִמָּצֵא אִישׁ גֹּנֵב נֶפֶשׁ מֵאֶחָיו מִבְּנֵי יִשְׂרָאֵל וְהִתְעַמֶּר־בּוֹ וּמְכָרוֹ וּמֵת הַגַּנָּב הַהוּא וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ׃

English Translation

If a man be found stealing any of his brethren of the children of Yisra᾽el and deals with him as a slave, or sells him; then that thief shall die; and thou shalt put evil away from among you.

Transliteration

Ki-yimatze ish gonev nefesh me'echav mibnei Yisrael vehit'amer-bo umecharo umet haganav hahu uvi'arta hara mikirbecha.

Hebrew Leining Text

כִּי־יִמָּצֵ֣א אִ֗ישׁ גֹּנֵ֨ב נֶ֤פֶשׁ מֵאֶחָיו֙ מִבְּנֵ֣י יִשְׂרָאֵ֔ל וְהִתְעַמֶּר־בּ֖וֹ וּמְכָר֑וֹ וּמֵת֙ הַגַּנָּ֣ב הַה֔וּא וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּֽךָ׃ <span class="mam-spi-samekh">{ס}</span>        
כִּי־יִמָּצֵ֣א אִ֗ישׁ גֹּנֵ֨ב נֶ֤פֶשׁ מֵאֶחָיו֙ מִבְּנֵ֣י יִשְׂרָאֵ֔ל וְהִתְעַמֶּר־בּ֖וֹ וּמְכָר֑וֹ וּמֵת֙ הַגַּנָּ֣ב הַה֔וּא וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּֽךָ׃ {ס}        

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Parasha Commentary

Context and Overview

The verse (Devarim 24:7) addresses the severe prohibition of kidnapping a fellow Jew, treating them as a slave, or selling them into servitude. This is one of the few capital offenses in Jewish law, emphasizing the gravity of violating another person's autonomy and dignity.

Rashi's Explanation

Rashi (Devarim 24:7) clarifies that this law applies specifically to a case where the kidnapper steals a person, exploits them, and sells them. He notes that the phrase "וְהִתְעַמֶּר־בּוֹ" ("and deals with him as a slave") implies the kidnapper derives benefit from the victim, either through forced labor or financial gain from the sale. Rashi further explains that the death penalty applies only if the kidnapper both enslaves and sells the victim.

Rambam's Legal Perspective

In Mishneh Torah (Hilchot Geneivah 9:1-2), the Rambam codifies this law, stating that kidnapping is a capital offense only if the perpetrator holds the victim in servitude and then sells them. He distinguishes between mere abduction (which incurs lashes) and the more severe case of enslavement and sale (which incurs the death penalty). The Rambam also notes that this law applies only when the victim is a Jew, as the Torah specifies "מִבְּנֵי יִשְׂרָאֵל" ("from the children of Israel").

Talmudic Discussion

The Gemara (Sanhedrin 85b) elaborates on the conditions for this law:

  • The kidnapper must physically take the victim into their possession (not just lure them).
  • The kidnapper must use the victim for labor or sell them—mere abduction is insufficient for capital punishment.
  • The victim must be a halachically free Jew (not a slave or convert who was previously enslaved).

Moral and Ethical Implications

The severity of this law underscores the Torah's absolute rejection of human trafficking and exploitation. The Sages (Mechilta on Shemot 21:16) compare kidnapping to murder, as it strips a person of their God-given freedom. The phrase "וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ" ("and you shall remove evil from your midst") teaches that such crimes corrupt society and must be eradicated.

Halachic Nuances

Later commentators, such as the Sefer HaChinuch (Mitzvah 556), explain that this law applies only in a Jewish court system with proper Sanhedrin authority. In the absence of such courts, the prohibition remains, but capital punishment is not administered. The Chizkuni (Devarim 24:7) adds that the kidnapper must be warned (התראה) beforehand for the death penalty to apply.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 86a
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 stealing a person from among the children of Israel.

Frequently Asked Questions

Q: What does Deuteronomy 24:7 mean?
A: Deuteronomy 24:7 teaches that stealing a person from among the children of Israel and selling them as a slave is a severe crime punishable by death. The Torah emphasizes the gravity of kidnapping and treating a fellow Jew as property, requiring the removal of such evil from the community.
Q: Why is kidnapping considered so serious in the Torah?
A: Kidnapping is considered a capital offense because it violates the fundamental dignity and freedom of a person, who is created in the image of G-d (Bereishit 1:27). The Talmud (Sanhedrin 86a) explains that this law reflects the severity of depriving someone of their liberty, akin to murder in its impact on the victim's life.
Q: How does this law apply today?
A: While the death penalty is not practiced today due to the absence of the Sanhedrin (Jewish high court), the principle remains that kidnapping and human trafficking are grave sins. Jewish law (Halacha) still condemns such acts as severe violations of human rights and dignity, requiring societal efforts to prevent and punish them.
Q: What can we learn from this verse about interpersonal relationships?
A: This verse teaches the sanctity of personal freedom and the prohibition against exploiting others. Rashi explains that the phrase 'from among his brethren' highlights the special responsibility we have toward fellow Jews. It reminds us to respect each person's autonomy and never treat others as objects for personal gain.
Q: Why does the verse say 'you shall remove the evil from your midst'?
A: The Rambam (Hilchos Geneiva 9:1-2) explains that this commandment serves both as a deterrent and as a way to maintain a just society. Removing such evil acts preserves the moral fabric of the community, ensuring that all members can live securely with their basic rights protected.