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Deuteronomy 25:12 - Justice without mercy?

Deuteronomy 25:12 - דברים 25:12

Hebrew Text

וְקַצֹּתָה אֶת־כַּפָּהּ לֹא תָחוֹס עֵינֶךָ׃

English Translation

then thou shalt cut off her hand, thy eye shall not pity her.

Transliteration

Vekatzota et-kapa lo tachos einecha

Hebrew Leining Text

וְקַצֹּתָ֖ה אֶת־כַּפָּ֑הּ לֹ֥א תָח֖וֹס עֵינֶֽךָ׃ <span class="mam-spi-samekh">{ס}</span>        
וְקַצֹּתָ֖ה אֶת־כַּפָּ֑הּ לֹ֥א תָח֖וֹס עֵינֶֽךָ׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Context and Source

The verse "וְקַצֹּתָה אֶת־כַּפָּהּ לֹא תָחוֹס עֵינֶךָ" (Devarim 25:12) appears in the context of the laws regarding a woman who intervenes in a physical altercation between her husband and another man by seizing the other man's private parts. The Torah prescribes a severe penalty for this act.

Literal Interpretation (Peshat)

Rashi explains that the phrase "וְקַצֹּתָה אֶת־כַּפָּהּ" ("then you shall cut off her hand") is not to be taken literally as physical amputation. Rather, it refers to a monetary fine, as the Torah elsewhere uses the term "cutting off" metaphorically (e.g., "cutting off" a foot in Devarim 19:21, which refers to financial compensation). The Sages derive this from the principle that the Torah's laws must be interpreted in accordance with the Oral Tradition (Talmud, Sanhedrin 15b).

Halachic Application

Rambam (Hilchot Chovel u'Mazik 1:7) rules that the woman is liable to pay monetary compensation to the injured party, based on the principle of "עַיִן תַּחַת עַיִן" ("an eye for an eye") being interpreted as financial restitution. The phrase "לֹא תָחוֹס עֵינֶךָ" ("your eye shall not pity her") emphasizes that the court must not show undue leniency in applying the law due to compassion for the woman.

Moral and Ethical Lessons

  • The severity of the penalty underscores the Torah's emphasis on maintaining proper boundaries in interpersonal conduct, especially in moments of conflict (Sforno).
  • The phrase "לֹא תָחוֹס עֵינֶךָ" teaches that justice must be impartial, even when emotions might sway judgment (Ibn Ezra).
  • The Midrash (Devarim Rabbah 6:5) connects this law to the broader principle that one who acts with excessive cruelty forfeits compassion.

Symbolic Interpretation (Derash)

The Kli Yakar suggests that the "hand" represents action, and the punishment symbolizes the need to restrain improper behavior. The lack of pity ("לֹא תָחוֹס") serves as a warning against allowing emotions to override justice, reinforcing the idea that moral boundaries must be upheld.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: What does Deuteronomy 25:12 mean when it says 'cut off her hand'?
A: The verse refers to a case where a woman intervenes in a fight between her husband and another man by grabbing the other man's private parts (as mentioned in the previous verse). The Torah prescribes this severe punishment to emphasize the seriousness of such an act, which could endanger the man's ability to have children. However, the Talmud (Sanhedrin 58b) explains that this is not meant literally - the court would assess monetary compensation instead of actual physical punishment.
Q: Why does the verse say 'your eye shall not pity her'?
A: This teaches that when administering justice, we must not let personal feelings interfere with proper judgment. Rashi explains that even if the woman appears pitiful or there are mitigating circumstances, the court must apply the law objectively. This principle applies to all judicial matters - judges must rule based on Torah law rather than emotions.
Q: How do we apply Deuteronomy 25:12 today without the Temple or Sanhedrin?
A: While we don't administer physical punishments today, the verse teaches important principles about: 1) The severity of actions that threaten human dignity or procreation, 2) The importance of objective justice, and 3) That we shouldn't interfere improperly in others' disputes. The Rambam (Hilchos Sanhedrin 24:10) discusses how these laws would be applied when the Sanhedrin is reestablished.
Q: Why is this law specifically about a woman intervening in this way?
A: The Midrash (Sifrei Devarim 291) explains that this case is singled out because a woman would naturally want to protect her husband in a fight, but the Torah teaches there are limits to how one may intervene. Even good intentions don't justify certain actions. This teaches that we must help others in permissible ways, without violating Torah prohibitions.