What Makes a Kidnapper Liable to Death

"And he that steals a man" (Exodus 21:16). From this I know only of one who steals a man; how do I know of one who steals a woman or a minor? Scripture says, "if a man be found stealing a soul" (Deuteronomy 24:7), whether woman or minor. From this I know only of a man who steals; how do I know of a woman who steals? Scripture says "stealing," whether man or woman. If so, why does it say "a man"? One might think that even if he stole stillborn children or an eight-month infant he would be liable; therefore Scripture says "a man": just as a man is distinct in being viable, so are excluded stillborns and the eight-month infant, who are not viable. How do we know that he is not liable until he steals in the presence of witnesses? Scripture says, "if a man be found stealing." And how do we know that he is not liable until he sells in the presence of witnesses? Scripture says, "and he sells him." "And he be found in his hand." "And he be found" excludes one who is regularly found in his hand: this excludes the father who steals his son, the schoolteacher who steals one of his pupils, and the guardian of orphans who steals one of the orphans, since these are always found in their charge. One might think that if he sold the person to one of his relatives he would be liable; therefore Scripture says, "if a man be found stealing a soul of his brethren" (Deuteronomy 24:7), meaning until he separates him from his brethren. Or, since we find regarding a Canaanite slave that once one has paid money for him he acquires him, one might think the same applies here; therefore Scripture says, "and he sells him and he be found in his hand," teaching that he is not liable until he brings the victim into his own domain. Rabbi Yehuda says: from the moment he brings him into his domain and uses him, as it says, "and he deals with him as a slave and sells him" (Deuteronomy 24:7). "He shall surely be put to death," by the unspecified death stated in the Torah, which is strangulation. And the wicked are called dead before the Omnipresent. How do we know that once a person has committed a transgression he is as one dead before the Omnipresent? Scripture says, "the dead shall be put to death" (Deuteronomy 17:6). Another interpretation: how do we know that if you could not put him to death by strangulation you may put him to death by any of the deaths, whether lighter or more severe? Scripture says, "he shall surely be put to death," in any case.