“From the descendants of Israel” (Dt.24:7)— this comes to include one who steals his own son and sells him, for he is liable under the rule: Words of R. Yohanan b. Baroqa. But sages say: One who steals his own son and sells him is exempt under this rule.370Mechilta Ishmael, neziqin, 5.
“And he abuses him” (Dt.24:7)— this teaches that he is not liable until he brings him into his own domain. R. Judah says: Until he brings him into his own domain, and actually makes use of him [like a slave], as it is said: “And he abuses him and sells him” (Dt.24:7).371//M. San.11:1.
“Then that thief shall die” (Dt.24:7)— where the mode of execution is unspecified in the Torah, we assume strangulation.372//Mechilta Ishmael, neziqin, 5. Cf. Pisqa 155.1
7
הַהוּא, וְלֹא הַגּוֹנֵב אֶת הָעֶבֶד.
“That thief” (Dt.24:7)— but not one who steals a slave.
“That thief” (Dt.24:7)— and not one who steals a person who is half-slave and half-free.373Cf. M/ San.11:1. That is, a slave owned by two masters, one of whom has paid half his value toward his freedom, while the other owner retains half of his value.
(דברים כד ז) כִּי יִמָּצֵא, בְּעֵדִים.
Pisqa’ 273369H:268;JN2:217-218
1. “If a man is found” (Dt.24:7)—
by witnesses.
אִישׁ, פְּרָט לְקָטָן.
“A man” (Dt.24:7)—
excluding a minor.
גּוֹנֵב נֶפֶשׁ מֵאֶחָיו, וְלֹא מֵאֲחֵרִים.
“Stealing a person from among his brothers” (Dt.24:7)—
but not from [gentile] outsiders.
מִבְּנֵי יִשְׂרָאֵל, לְהָבִיא הַגּוֹנֵב אֶת בְּנוֹ וּמוֹכְרוֹ שֶׁהוּא חַיָּב, דִּבְרֵי רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה. וַחֲכָמִים אוֹמְרִים: הַגּוֹנֵב אֶת בְּנוֹ וּמוֹכְרוֹ פָּטוּר.
“From the descendants of Israel” (Dt.24:7)—
this comes to include one who steals his own son and sells him,
for he is liable under the rule:
Words of R. Yohanan b. Baroqa.
But sages say:
One who steals his own son and sells him
is exempt under this rule.370Mechilta Ishmael, neziqin, 5.
וְהִתְעַמֶּר בּוֹ, מַגִּיד שֶׁאֵינוֹ חַיָּב עַד שֶׁיַּכְנִיסֶנּוּ לִרְשׁוּתוֹ. רַבִּי יְהוּדָה אוֹמֵר: עַד שֶׁיַּכְנִיסֶנּוּ לִרְשׁוּתוֹ וְיִשְׁתַּמֵּשׁ בּוֹ, שֶׁנֶּאֱמַר: וְהִתְעַמֶּר בּוֹ וּמְכָרוֹ.
“And he abuses him” (Dt.24:7)—
this teaches that he is not liable
until he brings him into his own domain.
R. Judah says:
Until he brings him into his own domain,
and actually makes use of him [like a slave],
as it is said:
“And he abuses him and sells him” (Dt.24:7). 371//M. San.11:1.
וּמֵת הַגַּנָּב, בִּסְתַם מִיתָה הָאֲמוּרָה בַתּוֹרָה בְּחֶנֶק.
“Then that thief shall die” (Dt.24:7)—
where the mode of execution is unspecified in the Torah,
we assume strangulation.372//Mechilta Ishmael, neziqin, 5. Cf. Pisqa 155.1
הַהוּא, וְלֹא הַגּוֹנֵב אֶת הָעֶבֶד.
“That thief” (Dt.24:7)—
but not one who steals a slave.
הַהוּא, וְלֹא הַגּוֹנֵב מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶּן חוֹרִים.
“That thief” (Dt.24:7)—
and not one who steals a person
who is half-slave and half-free.373Cf. M/ San.11:1. That is, a slave owned by two masters, one of whom has paid half his value toward his freedom, while the other owner retains half of his value.
וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ, בַּעֵר עוֹשֵׂי הָרָעוֹת מִיִּשְׂרָאֵל!
2. “And you shall expunge the evil from your midst” (Dt.24:7)—
expunge the evil-doers from Israel.374Cf. Pisqa’ 86.3, 151.1, 155.1, 187.3, 220.2, etc