Kidnapping (גנבת נפש)

Sources

If a party is found to have kidnapped—and then enslaved or sold—a fellow Israelite, that kidnapper shall die; thus you will sweep out evil from your midst.

Deuteronomy 24:7

One who kidnaps another party—whether having sold or still holding the victim—shall be put to death.

MISHNA: One who abducts a Jewish person is not liable to be executed unless he brings the abductee into his domain. Rabbi Yehuda says: He is not liable unless he brings him into his domain and exploits him, as it is stated: “If a man shall be found abducting a person of his brethren from the children of Israel, and he exploited him and sold him, then that abductor shall die” (Deuteronomy 24:7). The phrase “exploited him” indicates using him for labor…

Sanhedrin 85b:18

"and he exploits him": He is not liable until he brings him into his domain. R. Yehudah says: (He is not liable) until he brings him into his domain and uses him, as it is written (Ibid.) "and he exploits him and sells him." "then he shall die": by the unqualified "execution" of the Torah — strangulation. ("that [kidnapper]": to exclude one who steals one who is half-slave-half-free.)

Sifrei Devarim 273:5-7

A kidnapper - either a male or a female - is liable for capital punishment regardless of whether he kidnaps an adult or a one-day-old infant - provided the pregnancy was full-term - and regardless of whether the abducted person was male or female. This is implied by the above verse, which mentions "kidnapping a soul."
It makes no difference if one kidnaps a native-born Israelite, a convert or a freed Canaanite servant, for the above verse states: "one of his brethren." And the above are "our brothers," related by the bond of the Torah and its mitzvot…

Mishneh Torah, Theft 9:6

כי ימצא איש גונב נפש, “when a man is found having kidnapped a person, etc.;” why has this verse been repeated seeing that it has been written already in Exodus 21,16? (In Exodus nothing is mentioned about the nationality of the kidnapped person. Here the circumstances are defined more clearly, i.e. from among his brethren, i.e. excluding gentiles and even Edomites, i.e. descendants of Yitzchok who elsewhere were addressed even by Moses as “brother.”(Numbers 20,14). An alternate interpretation: Ed…

Chizkuni, Deuteronomy 24:7:1-2

§ The mishna teaches that there is a dispute between Rabbi Yehuda and the Rabbis with regard to the liability of one who abducts his son. The Gemara asks: What is the reason for the opinion of the Rabbis, who deem him exempt? Abaye said: It is derived from the verse that states: “If a man shall be found abducting a person of his brethren” (Deuteronomy 24:7), to exclude one who is already found in the custody of the abductor before the abduction…

Sanhedrin 86a:4-15

AND HE THAT STEALETH A MAN, AND SELLETH HIM, AND HE BE FOUND IN HIS HAND — “previously, before the sale.” This is Rashi’s language. But I have not understood it. If Rashi means that witnesses must have seen him [the stolen person] in the thief’s possession before he had sold him — could it even enter your mind that the thief be subject to the death penalty without witnesses having seen him stealing and also seeing him selling! It would therefore have been sufficient if Scripture were to say: “and he that stealeth a man and selleth him”…

Ramban on Exodus 21:16:1

AND HE THAT STEALETH A MAN. Saadiah Gaon asks: Why was this verse inserted between He that smiteth his father (v. 15) and And he that curseth his father (v. 17)? He answers that Scripture speaks only of the commonplace. Those stolen were young children. They were brought up in a strange country and did not recognize their parents. It is thus possible for them to strike and curse their parents. The punishment for this will fall upon the kidnapper. OR IF HE BE FOUND IN HIS HAND. In the market before he sells him, then he shall be put to death.

Ibn Ezra on Exodus 21:16:1-2

The Sages taught in a baraita: “You shall not steal” (Exodus 20:13), and it is with regard to one who abducts people that the verse is speaking. Do you say that the verse is speaking with regard to one who abducts people, or perhaps the verse is speaking only with regard to one who steals property? You say: Go out and learn from one of the thirteen hermeneutical principles: A matter derived from its context. With regard to what context are the adjacent prohibitions “You shall not kill…

Sanhedrin 86a:16

Relatedראו גם

Laws of Kidnapping

Sheetsדפי מקורות

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