What exactly is the eighth commandment prohibiting? TB Sanhedrin 85-86

The Mishnah on daf TB Sanhedrin 85b teaches that kidnapping is a capital offense whose punishment is strangulation. “One who abducts a Jewish person is not liable to be executed unless he brings the abductee into his domain. Rabbi Yehuda says: He is not liable unless he brings him into his domain and exploits him, as it is stated: “If a man shall be found abducting a person of his brethren from the children of Israel, and he exploited him and sold him, then that abductor shall die” (Deuteronomy 24:7). The phrase “exploited him” indicates using him for labor.” (Sefaria.org translation) Obviously kidnapping is wrong; however, the Gemara elucidates to be liable for the death penalty the kidnapper has to bring the victim into his domain, exploit him (use the victim even as a pillow to lean upon or as a shield against the wind), and sell him. If he failed to do all three above actions, he would just be subjected lashes.

We have learned previously to be liable for the death penalty, the Torah not only has to attach a death penalty to the crime, but the Torah must also warn the person against committing the crime. The Gemara on today’s daf TB Sanhedrin 86 wants to know where does the Torah warn against committing the crime of kidnapping. Through its analysis we shall learn that the eighth commandment in the Ten Commandments is mistranslated and misunderstood.

“The Gemara asks: From where is a prohibition against abducting a person derived? Rabbi Yoshiya says that it is derived from the verse: “You shall not steal” (Exodus 20:13). Rabbi Yoḥanan says that it is derived from the verse: “They shall not be sold as slaves” (Leviticus 25:42). The Gemara comments: And they do not disagree, as each requires both verses to derive the prohibition. One Sage, Rabbi Yoshiya, enumerates the prohibition against abduction, and one Sage, Rabbi Yoḥanan, enumerates the prohibition against selling the abductee into slavery.

“The Sages taught in a baraita: “You shall not steal” (Exodus 20:13), and it is with regard to one who abducts people that the verse is speaking. Do you say that the verse is speaking with regard to one who abducts people, or perhaps the verse is speaking only with regard to one who steals property? You say: Go out and learn from one of the thirteen hermeneutical principles: A matter derived from its context. With regard to what context are the adjacent prohibitions “You shall not kill; you shall not commit adultery” in the verse speaking? They are speaking with regard to capital cases. So too here, the prohibition is speaking with regard to a capital case of abduction. “It is taught in another baraita: “You shall not steal” (Leviticus 19:11), and it is with regard to one who steals property that the verse is speaking. Do you say that the verse is speaking with regard to one who steals property, or perhaps the verse is speaking only with regard to one who abducts people? You say: Go out and learn from one of the thirteen hermeneutical principles: A matter derived from its context. With regard to what context is the subsequent verse: “You shall neither exploit your neighbor nor rob him” (Leviticus 19:13), speaking? It is speaking with regard to property. So too here, the verse is speaking with regard to property.” (Sefaria.org translation)

I am willing to bet that most Bibles mistranslate the eighth commandment לֹא תִגְנֹב lo tignov as “You shall not steal.” Today’s daf conclusively proves that the surrounding context of this commandment deal with capital offenses, lo tignov must also be a capital offense. We know from our study of the Babas, stealing an object is not a capital offense. You have return the object and pay a fine. Consequently, a better translation of lo tignov should be “You shall not kidnap.”

Since tonight we celebrate the holiday of Purim, I want to end this blog with a little bit of laughter. Enjoy Woody Allen telling about his experience being kidnapped. https://www.youtube.com/watch?v=t4sdnb0sYTc