Powtórzonego Prawa 24:7 Komentarz: Rashi, Chizkuni, Ibn Ezra & Tur HaArokh

כי ימצא IF [A MAN] BE FOUND [STEALING …] — Found when doing so by witnesses and after legal warning. This, too, is the meaning in all cases where a form of the verb מצא is used in the Torah, under similar circumstances (Mekhilta; Sifrei Devarim 273:1).

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.) if we had only heard about the first verse dealing with this subject, I might have thought that even an eight day old baby is included in the legislation, i.e. if such a young baby had been kidnapped. (Sifri, as elaborated on by Malbim) The Torah in our verse therefore adds the word מאחיו, “from among his brethren,” meaning that a baby under 30 days old is not included, as we are not sure yet that he is healthy enough to grow up to be a man.

of his brethren Scripture proceeds to specify of the children of Israel, since Edom is also called “brother” [cf. 23: 8].

והתעמר בו AND TREATS HIM AS A SLAVE — he is not liable to the death penalty until he uses him as a slave (cf. Sifrei Devarim 273:5; Sanhedrin 85b).