Exodus 21:16

וגנב איש ומכרו AND HE THAT STEALETH A MAN, AND SELLETH HIM, [AND HE BE PREVIOUSLY FOUND IN HIS HAND, HE SHALL SURELY BE PUT TO DEATH] — Why is this statement made (how does the particular form of words used here tell us some point of law which is not contained in another text bearing upon the same subject)? Since it is said, (Deuteronomy 24:7) “If a man be found stealing any of his brethren … [then that thief shall die]”, I might say that I have here only the law that a man who stole a person is punishable with death. Whence, however, do I know that this is also the case if a woman or a person whose sex is not distinguishable or a hermaphrodite (טומטום ואנדרונינוס) has stolen a person? Scripture therefore states here: “Whosoever stealeth a man and selleth him”. — And again, since Scripture states here: “He that stealeth a man [shall be put to death]”, I might say that I have here only the law that if one steals a man he is punishable with death. Whence do I know that this is also the case if he has stolen a woman? Therefore Scripture states, (Deuteronomy 24:7) “[If a man be found] stealing any person [he shall be put to death]”. Consequently both verses are necessary: what the one omits the other tells us (Mekhilta; Sanhedrin 85b). ונמצא בידו implies that witnesses have seen him stealing and also saw him selling the person, and that he has been found in his possession before he had sold him (Mekhilta). מות יומת HE SHALL SURELY BE PUT TO DEATH — by strangulation. Wherever the death-penalty is mentioned in Scripture without being precisely defined strangulation is intended (Mekhilta; Sanhedrin 84b). [It should be noted that Scripture interrupted the context by writing “Whosoever stealeth etc.” between the passages, “He that smiteth his father etc.” and “He that curseth his father etc.”, which passages ought on account of their contents to follow one after the other. I think that this gave rise to the difference of opinion found in Sanhedrin 85a where one Rabbi holds that we must put “smiting” on an equality with “cursing”, in spite of the text being interrupted by the verse וגונב, which, however, is placed between them only to teach that in some respects “smiting” and “cursing” have not the same law, — that after the death of the parents “cursing” them is punishable whilst “smiting” them is not; whilst another bolds that since the two verses have been disconnected “smiting” can by no means be put on an equality with, and have the same legal consequenses as, “cursing” (cf. Sanhedrin 85b)].

וְגֹנֵ֨ב אִ֧ישׁ וּמְכָר֛וֹ וְנִמְצָ֥א בְיָד֖וֹ מ֥וֹת יוּמָֽת׃ {ס}        

And he that steals a man, and sells him, if he be found in his hand, he shall surely be put to death.