Exodus 21:16

My Notes

What Does Exodus 21:16 Mean?

"And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death." The Law prescribes the DEATH PENALTY for kidnapping: stealing a PERSON — and either selling them OR being found with them (still in possession) — is a CAPITAL CRIME. The crime isn't property-theft. It's PERSON-theft — the stealing of a human being. The penalty is the MAXIMUM the Law allows: death. The kidnapping-law is one of the Torah's strongest statements about human dignity.

The phrase "stealeth a man" (gonev ish — steals a person) makes the crime PERSON-SPECIFIC: the same verb (ganav — steal) that applies to property-theft in the eighth commandment applies here to HUMAN-theft. But the penalty is DIFFERENT: property-theft requires RESTITUTION (22:1-4). Person-theft requires DEATH. The difference in penalty reflects the difference in VALUE: a stolen ox can be replaced. A stolen PERSON cannot. The human life is IRREPLACEABLE — and the penalty reflects the irreplaceability.

The "selleth him, or if he be found in his hand" (umekaro o nimtza veyado — and sells him, or is found in his hand) covers BOTH forms of the crime: selling the person (trafficking) AND possessing the person (holding in servitude). The law addresses BOTH the trafficker AND the possessor. Whether you SOLD the stolen person or KEPT the stolen person, the penalty is the same: death. The crime exists in the taking, the selling, AND the keeping.

Reflection Questions

• 1.What modern forms of person-theft deserve the strongest possible condemnation?
• 2.What does the death penalty for kidnapping (vs. restitution for property-theft) teach about human value?
• 3.How does covering BOTH selling AND keeping address the entire trafficking chain?
• 4.What does human beings being in a DIFFERENT CATEGORY from property change about how you treat people?

Devotional

Steal a person — and sell them OR keep them — and you DIE. The death penalty for kidnapping is one of the Torah's strongest statements about human value: a stolen PERSON isn't like stolen PROPERTY. Property-theft requires restitution. Person-theft requires DEATH. The difference in penalty reflects the difference in value. Human beings are IRREPLACEABLE.

The 'stealeth a man' makes the crime about PERSONS, not property: the same verb (steal) applies to both. But the PENALTY separates them completely: steal an ox — pay back five oxen (22:1). Steal a PERSON — die. The penalty-difference is the VALUE-statement. The human being is so much MORE VALUABLE than property that the penalty for taking one is the maximum the law can impose.

The 'selleth him or if he be found in his hand' covers the ENTIRE TRAFFICKING CHAIN: whether you SELL the person (trafficking — converting a stolen human into commercial profit) OR KEEP the person (possession — maintaining the stolen human under your control), the penalty is IDENTICAL: death. The law doesn't distinguish between the SELLER and the KEEPER. Both have committed the same crime. Both face the same sentence. The trafficking chain is condemned at EVERY link.

The DEATH PENALTY for kidnapping communicates the VALUE OF PERSONS: in a legal system where property-crimes receive FINANCIAL penalties, the person-crime receives the ULTIMATE penalty. The escalation from restitution (property) to death (person) says: human beings belong to a DIFFERENT CATEGORY. You can replace an ox. You can't replace a human. The irreplaceability of the person is expressed in the irreversibility of the penalty.

What does this law teach you about how God VALUES human beings — and about what modern forms of person-theft deserve the strongest possible condemnation?

Commentary

Trusted original commentary from respected historical Bible scholars and theologians.

Cross References

Related passages throughout Scripture