The Capital Crime of Stealing and Selling a Human Being

Yalkut Shimoni on Torah 329:1

"And one who steals a man and sells him" (Exodus 21:16): why is this stated? Because it says "if a man is found stealing a person of his brothers" (Deuteronomy 24:7), I would know only of witnesses to the theft; witnesses to the sale, from where do we learn? Scripture teaches, "and one who steals a man and sells him." "And one who steals a man": I know only of a man who stole a man. One who stole a woman or a minor, from where? Scripture teaches, "if a man is found stealing," to include one who stole a woman or a minor. A woman who stole her fellow woman or a minor, from where? Scripture teaches "and the thief shall die," in any case. "And one who steals a man": even the minor is implied. Scripture teaches "and if a man is found stealing a person," to exclude the minor. "Stealing a person": I might understand that even a child of eight days is implied. Scripture teaches "and one who steals a man," telling us that he is not liable until he steals a viable person. "And sells him": and not one who sold half of him. "And he is found": there is no "finding" except by witnesses. "In his hand": "in his hand" everywhere means only his possession; and although there is no proof for the matter, there is a remembrance of the matter, as it says "and he took all his land from his hand" (Numbers 21:26), and it says "and the servant took ten camels" (Genesis 24:10). "He shall surely be put to death": by strangulation. Or perhaps by one of the other forms of death stated in the Torah? A death that leaves no mark. We have heard the penalty, but we have not heard the prohibition. Scripture teaches, "you shall not steal" (Exodus 20:13).

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