Komentaryong Sumisipi para sa Exodo 21:16

One who kidnaps a Jew is not liable unless he brings him onto his own property. Rabbi Judah said: “Until he brings him onto his own property and puts him to service, as it says, “If a man is found to have kidnapped a fellow Israelite, enslaving him or selling him” (Deut. 24:7). If he kidnaps his own son. Rabbi Ishmael the son of Rabbi Yohanan ben Beroka declares him liable, but the Sages exempt [him]. If he kidnapped one who was half a slave and half free, Rabbi Judah declares him liable, but the Sages exempt [him]. Exodus 21:16 and Deuteronomy 24:7 both state that one who kidnaps is liable for the death penalty. Our mishnah defines kidnapping as taking a person and bringing them forcefully onto one’s property. Just the mere act of taking the person does not constitute the type of kidnapping punishable by death. Rabbi Judah, basing himself on the verse in Deuteronomy states that even kidnapping and bringing onto one’s property is not punishable by death. Only if the kidnapper forces the abductee to work as a slave is he to be executed. According to the Rabbi Yishmael the son of Rabbi Yohanan ben Beroka, one who kidnaps his own son is not liable as a kidnapper, whereas the Sages say that he is. Rabbi Yishmael probably assumes that a parents’ authority over their children is so great that categorically the laws of kidnapping cannot apply. The Sages, representing the majority opinion, limit the parents authority by applying the laws of kidnapping even to one’s own child. The aforementioned verse in Deuteronomy clearly limits the laws of kidnapping to an Israelite who kidnaps another Israelite. According to all of the Sages in our mishnah, one who kidnaps a non-Jew is not liable for the death penalty. There is however a dispute with regards to one who is half a slave and half a free Jew (i.e. he was owned by two owners and one freed him while the other did not). According to Rabbi Judah, the mere fact that he is half a Jew means that the laws of kidnapping do apply to him. According to the Sages since he is half a slave, the laws of kidnapping do not apply.

עד שיכניסנו לרשותו – as it is written (Exodus 21:16): “or if he be found in his hand”, and “his hand” means his domain. And similarly, it says (Numbers 21:26): “and taken all his land out of his hand,…”

wenn er dieselbe in sein Gebiet. Denn es heisst (Exod. 21, 16): „und er wird in seiner Hand gefunden;“ der Ausdruck „Hand (יד)“ bedeutet aber soviel wie רשות (Besitz), vgl. Num. 21, 26.