פּירוש אויף שמות 21:16

וגנב איש ומכרו AND HE THAT STEALETH A MAN, AND SELLETH HIM, [AND HE BE PREVIOUSLY FOUND IN HIS HAND, HE SHALL SURELY BE PUT TO DEATH] — Why is this statement made (how does the particular form of words used here tell us some point of law which is not contained in another text bearing upon the same subject)? Since it is said, (Deuteronomy 24:7) “If a man be found stealing any of his brethren … [then that thief shall die]”, I might say that I have here only the law that a man who stole a person is punishable with death. Whence, however, do I know that this is also the case if a woman or a person whose sex is not distinguishable or a hermaphrodite (טומטום ואנדרונינוס) has stolen a person? Scripture therefore states here: “Whosoever stealeth a man and selleth him”. — And again, since Scripture states here: “He that stealeth a man [shall be put to death]”, I might say that I have here only the law that if one steals a man he is punishable with death. Whence do I know that this is also the case if he has stolen a woman? Therefore Scripture states, (Deuteronomy 24:7) “[If a man be found] stealing any person [he shall be put to death]”. Consequently both verses are necessary: what the one omits the other tells us (Mekhilta; Sanhedrin 85b).

וגונב איש, “If one kidnaps another person, etc.” Why was this verse necessary? (it has been repeated in detail in Deuteronomy 24,7) If we had only had the verse in Deuteronomy, we would have thought that the penalty would apply only if we had witnesses to the kidnapping. We would not have known that witnesses to both the kidnapping and the subsequent selling of the victim were required in order for the death penalty to apply. Another thing these two laws have in common is that the death penalty is to be carried out by strangulation.

וגונב איש, but if someone kidnaps a person, etc.” the reason why this scenario is written between the verses where striking a father a or cursing him is written, is because the penalty for striking a father or kidnapping a person is death by strangulation, while the penalty for cursing one’s father is by stoning (more severe). In Leviticus 20,9, the penalty for cursing is described both as מות יומת, “he is sure to be executed,” plus the additional words: דמיו בו, “his blood(guilt) is upon him.” Although we might have thought that cursing one’s parent should carry a lighter sentence than physically assaulting him, seeing it does not involve an act, whereas striking includes an act of violence, the Torah decreed a more severe penalty for the cursing of one’s parent, i.e. death by stoning. According to the Talmud in tractate Sanhedrin, folio 49, the reason why a severe type of death penalty is applied for cursing one’s parents, is that the Torah compares the parents as deserving a similar degree of honour as that shown to G–d, seeing that the parents brought you into this world. Cursing G–d is punishable by stoning as we know from the blasphemer in Leviticus 24,14. Seeing that it impossible to strike G–d, any comparison with striking a parent is inappropriate. Hence the death penalty for that sin is chenek, strangulation. Furthermore, when someone was guilty of cursing his parents after they had died he is still guilty of the same sin, whereas if the same person had struck his father after he had died the death penalty does not apply, as it was part of the penalties listed for causing injury (Compare Mechilta Mishpatim, section 5.). It is impossible to inflict an injury upon someone who is already dead. Our author asks that if one cannot inflict injury after death and therefore the death penalty by stoning is not applied, why is the same not true of someone who cursed G–d, seeing it is impossible to harm Him in any way? Perhaps the fact that the subject of cursing G–d, and the penalty for this appears next to the subject of the blasphemer in Leviticus chapter 24, makes my question irrelevant.