If a man be found stealing any of his brethren of the children of Israel,.... Whether grown up or little, male or female, an Israelite or a proselyte, or a freed servant; all, as Maimonides says, are included in this general word "brethren"; though Aben Ezra observes, that it is added, "of the children of Israel", for explanation, since an Edomite is called a "brother".
Now, a man must be "found" committing this fact; that is, it must plainly appear, there must be full proof of it by witnesses, as Jarchi explains this word:and maketh merchandise of him; or rather uses him as a servant, and employs him in any service to the least profit and advantage by him, even to the value of a farthing; yea, if he does but lean upon him, and he supports him, though he is an old man that is stolen; this is serving a man's self by him, as Maimonides , which is what is forbidden as distinct from selling him, as follows:or selleth him: to others; and both these, according to the above writer , using him for service, and selling him, are necessary to make him guilty of death; not the one without the other; but reading them disjunctively, as we do, gives the better sense of the words:then that thief shall die; by strangling with a napkin, as the Targum of Jonathan; and so Maimonides says, his death is by strangling:and thou shall put evil away from among you; both him that does evil, as the Targum of Jonathan, and the guilt of it by inflicting due punishment for it; and so deter from such practices, and prevent evil coming upon the body of the people, should such a sin be connived at; see Ex 21:16.
Hichot Genibah, c. 9. sect. 6. Ib. sect. 2. Ib. sect. 3. Hilchot Genibah, c. 9. sect. 1. So R. Sol. Urbin. Ohel Moed, fol. 67. 1.