Commentary - Exodus 21:16

Bird's-eye view

Exodus 21:16 is a stark and foundational text for a biblical understanding of justice, liberty, and the immeasurable value God places on human beings. Situated within the "Book of the Covenant," this verse delivers a capital sanction against the crime of kidnapping, or man-stealing. The law is absolute: whether the stolen man is sold into slavery or is simply found in the kidnapper's possession, the penalty is death. This is not a petty property crime. It is a crime against the image of God. To steal a man is to assault the Creator's unique imprint on him. This law forms the essential backdrop for the New Testament's condemnation of "enslavers" (1 Tim. 1:10) and provides the fundamental biblical basis for rejecting the chattel slavery system that was built on the abomination of the African slave trade. The severity of the punishment underscores the gravity of the sin; it is an offense that tears at the fabric of covenant community and usurps a prerogative belonging to God alone.

This verse is therefore crucial for distinguishing between the forms of servitude the Mosaic law permitted and regulated, which were typically a form of indentured servanthood entered into for reasons of debt or poverty, and the kind of systemic, race-based slavery that was predicated on the wicked practice of man-stealing. The former was regulated; the latter was a capital crime. God's law protects the foundational liberty of individuals made in His image, and the ultimate penalty is reserved for those who would violently strip that liberty away for personal gain.

Outline

Context In Exodus

This law appears in what scholars call the Book of the Covenant (Exodus 20:22-23:33), which is the first major legal code given to Israel after the Ten Commandments. It follows directly on the heels of the Decalogue, serving as the case-law application of those foundational principles. Exodus 21:16 is part of a section dealing with laws of violence and personal injury (Ex. 21:12-36). It is placed alongside the laws for murder (v. 12), manslaughter (v. 13), and striking one's parents (v. 15), all of which also carry the death penalty. Its inclusion in this list demonstrates that the Hebrews were to view kidnapping not as a property crime, but as a capital offense against a fellow human being, on par with premeditated murder. This context is vital. God is laying the groundwork for a just society, and He begins by establishing the highest possible protection for human life and liberty against violent predation.

Key Issues

The Ultimate Theft

Theft is a sin, and the eighth commandment is plain: "You shall not steal." But not all theft is equal. To steal a man's ox is one thing; to steal the man himself is another thing entirely. The latter is a crime of a different category, which is why the penalty is so severe. When you steal an ox, you steal something a man owns. When you steal a man, you are stealing the man himself, a being who is not owned by anyone but God. You are stealing a creature made in the divine image, an icon of the living God. This is why the crime is not treated as a matter for restitution, as most property crimes were. You cannot "pay back" a man's life and liberty. The kidnapper is, in effect, attempting to play God. He is asserting an absolute ownership over another man that belongs to the Creator alone. He is treating an image-bearer as a mere beast or an object, and for this ultimate act of dehumanization, God's law requires the ultimate penalty.

This principle is the sharp, two-edged sword that divides biblical truth from the sentimental counterfeits that are so often peddled. A society that takes God's law seriously will have a high view of human liberty. A society that despises God's law will eventually find reasons to treat men like cattle, whether through chattel slavery, the abortion industry, or the soul-crushing machinery of the bureaucratic state. This verse establishes a fundamental right to not be stolen, and it grounds that right in the justice of God Himself.

Verse by Verse Commentary

16 “He who kidnaps a man...

The verb is direct and unambiguous. It refers to the act of seizing a person by force or deceit, against his will. This is the foundational crime. It is the act of man-stealing. The law makes no distinction regarding the status of the kidnapper or the victim. The simple act of stealing a human being is what triggers the entire judicial process. This is the poison pill from which so many other evils grow.

...whether he sells him or he is found in his hand...

The law here anticipates and closes two potential loopholes. The crime is complete and the penalty is due under two conditions. The first is if the kidnapper successfully traffics the victim, selling him into slavery. This was the end goal of most man-stealing in the ancient world. It was a business, a wicked and damnable business. The second condition is if the victim is simply found in the possession, or "in the hand," of the kidnapper. This is crucial. It means that the crime is not simply in the selling, but in the seizing and holding. A man might kidnap someone with the intent to sell him, but be caught before the transaction is complete. Or he might kidnap someone to be his own personal slave. The law says it makes no difference. The moment you steal a man and hold him against his will, you have forfeited your life. You cannot claim you "hadn't sold him yet." The guilt is incurred at the point of the theft. This comprehensive definition made it impossible to game the system. The act itself, from seizure to possession to sale, was a capital offense.

...shall surely be put to death.

The penalty is absolute. The Hebrew phrasing, often translated "shall surely be put to death," leaves no room for judicial discretion in sentencing. This is not a maximum penalty; it is the required penalty. Just as with premeditated murder (Numbers 35:31), no ransom could be accepted for the life of a convicted kidnapper. This severity teaches us how God views this crime. To steal a man is to commit a capital offense against the social order and, more importantly, against the God in whose image that man was created. The state, as God's minister of justice (Romans 13:4), is given the sword for a reason, and punishing this particular evil is one of its primary duties. To fail to execute justice here would be to make the land complicit in the crime.

Application

First, this text must be the bedrock of any Christian discussion about slavery. This verse is why the transatlantic slave trade, which was based entirely on man-stealing, was an abomination from top to bottom. Any participation in it, at any point, was a participation in a capital crime. While the Bible regulates certain forms of indentured servitude within a framework of law and mercy, it categorically condemns the foundation upon which modern chattel slavery was built. We must be clear here: the Bible does not just regulate slavery; it condemns the kind of slavery that has so grievously wounded our nation's history. The law against man-stealing is the divine prohibition of the slave trade.

Second, the principle here extends beyond literal kidnapping. This law upholds the fundamental value and liberty of the individual. Any system, ideology, or government that treats human beings as mere cogs in a machine, as property of the state, or as disposable resources, is operating on the principle of the man-stealer. The abortionist who seizes a child from the womb, the totalitarian state that "disappears" its dissidents, the sex trafficker who sells a young woman, all are guilty of this same essential sin. They are treating a human being, an image-bearer of God, as a thing to be used and discarded for their own purposes. This is a capital crime in the eyes of God, and we should view it with the same horror.

Finally, we must see the gospel here. How can a just God forgive sinners who are guilty of such heinous crimes? How can any of us, who have in our hearts sought to usurp God's authority and "steal" His glory for ourselves, ever be made right? The answer is that the ultimate penalty has been paid. Jesus Christ, the only truly innocent man, allowed Himself to be seized, handed over, and put to death. He took the capital penalty that we deserved for our rebellion. The law's righteous demand, "shall surely be put to death", was fully satisfied at the cross. Therefore, the law no longer condemns those who are in Christ. Instead, it drives us to the cross, where we find not only forgiveness for our sins but the power to build a society where the liberty and dignity of every man, woman, and child are protected under the gracious and just law of God.