chandize of men, gives the meaning thus:--"Using a man against
his will, as a servant lawfully purchased; yea, though he should use his
services ever so little, only to the value of a farthing, or use but his
arm to lean on to support him, _if he be forced so to act as a servant_,
the person compelling him but once to do so shall die as a thief,
whether he has sold him or not."]
The word _Ganabh_ here rendered _stealeth_, means the taking what
_belongs_ to another, whether by violence or fraud; the same word is
used in the eighth commandment, and prohibits both _robbery_ and theft.
The crime specified is that of depriving SOMEBODY of the ownership of a
man. Is this somebody a master? and is the crime that of depriving a
master of his servant? Then it would have been "he that stealeth" a
_servant, not_ "he that stealeth a _man_." If the crime had been the
taking an individual from _another_, then the _term_ used would have
been expressive of that relation, and most especially if it was the
relation of property and _proprietor_!
The crime is stated in a three-fold form--man _stealing_, _selling_, and
_holding_. All are put on a level, and whelmed under one penalty--DEATH.
This _somebody_ deprived of the ownership of a man, is the _man
himself_, robbed of personal ownership. Joseph said, "Indeed I was
_stolen_ away out of the land of the Hebrews." Gen. xl. 15. How
_stolen?_ His brethren sold him as an article of merchandize. Contrast
this penalty for _man_-stealing with that for _property_-stealing, Ex.
xxii. If a man had stolen an _ox_ and killed or sold it, he was to
restore five oxen; if he had neither sold nor killed it, two oxen. But
in the case of stealing a _man_, the _first_ act drew down the utmost
power of punishment; however often repeated, or aggravated the crime,
human penalty could do no more. The fact that the penalty for
_man_-stealing was death, and the penalty for _property_-stealing, the
mere restoration of double, shows that the two cases were adjudicated on
totally different principles. The man stolen might be past labor, and
his support a burden, yet death was the penalty, though not a cent's
worth of _property value_ was taken. The penalty for stealing property
was a mere property penalty. However large the theft, the payment of
double wiped out the score. It might have a greater _money_ value than a
thousand men, yet death was not the penalty, nor maiming, nor branding,
nor even _stripes_, but
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