Pisqa’ 273

Pisqa’ 2731


“If a man is found” (Dt.24:7)—

by witnesses.


“A man” (Dt.24:7)—

excluding a minor.


“Stealing a person from among his brothers” (Dt.24:7)—

but not from [gentile] outsiders.


“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.2

“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). 3


“Then that thief shall die” (Dt.24:7)—

where the mode of execution is unspecified in the Torah,

we assume strangulation.4

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.5


“And you shall expunge the evil from your midst” (Dt.24:7)—

expunge the evil-doers from Israel.6

  1. H:268;JN2:217-218
  2. Mechilta Ishmael, neziqin, 5.
  3. //M. San.11:1.
  4. //Mechilta Ishmael, neziqin, 5. Cf. Pisqa 155.1
  5. Cf. 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.
  6. Cf. Pisqa’ 86.3, 151.1, 155.1, 187.3, 220.2, etc