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Exodus 21:18 - Fighting's consequences: who pays?

Exodus 21:18 - שמות 21:18

Hebrew Text

וְכִי־יְרִיבֻן אֲנָשִׁים וְהִכָּה־אִישׁ אֶת־רֵעֵהוּ בְּאֶבֶן אוֹ בְאֶגְרֹף וְלֹא יָמוּת וְנָפַל לְמִשְׁכָּב׃

English Translation

And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keeps his bed:

Transliteration

Vechi-yerivun anashim vehika-ish et-re'ehu be'even o ve'egrof velo yamut venafal lemishkav.

Hebrew Leining Text

וְכִֽי־יְרִיבֻ֣ן אֲנָשִׁ֔ים וְהִכָּה־אִישׁ֙ אֶת־רֵעֵ֔הוּ בְּאֶ֖בֶן א֣וֹ בְאֶגְרֹ֑ף וְלֹ֥א יָמ֖וּת וְנָפַ֥ל לְמִשְׁכָּֽב׃
וְכִֽי־יְרִיבֻ֣ן אֲנָשִׁ֔ים וְהִכָּה־אִישׁ֙ אֶת־רֵעֵ֔הוּ בְּאֶ֖בֶן א֣וֹ בְאֶגְרֹ֑ף וְלֹ֥א יָמ֖וּת וְנָפַ֥ל לְמִשְׁכָּֽב׃

🎵 Listen to leining

Parasha Commentary

Context and General Meaning

The verse (Shemot 21:18) discusses a case where two individuals engage in a physical altercation, and one strikes the other with a stone or fist, causing injury but not death. The injured party is confined to bed, indicating a serious but non-fatal wound. This scenario falls under the Torah's civil and penal laws, addressing compensation for damages and personal injury.

Rashi's Commentary

Rashi (Rabbi Shlomo Yitzchaki) explains that the phrase "וְכִי־יְרִיבֻן אֲנָשִׁים" ("And if men strive together") refers to a quarrel that escalates to physical violence. He notes that the Torah uses the term "אֲנָשִׁים" (men) rather than "ישראל" (Israelites) to include all people, implying that these laws apply universally, not just to Jews. Rashi further clarifies that "בְּאֶבֶן אוֹ בְאֶגְרֹף" ("with a stone or with his fist") includes any object or bodily force used to inflict harm.

Rambam's Legal Analysis

Rambam (Maimonides) in Hilchot Chovel u'Mazzik (Laws of Injury and Damage) elaborates on the legal implications. He states that the assailant is liable for five types of compensation:

  • Nezek (Permanent Injury): Compensation for any permanent disability.
  • Tza'ar (Pain): Payment for the suffering endured.
  • Ripuy (Medical Expenses): Coverage for all medical costs.
  • Shevet (Lost Wages): Reimbursement for income lost during recovery.
  • Boshet (Embarrassment): Damages for humiliation caused by the injury.

Talmudic Discussion

The Talmud (Bava Kamma 83b) analyzes the phrase "וְלֹא יָמוּת וְנָפַל לְמִשְׁכָּב" ("and he die not, but keeps his bed"). It explains that the victim's confinement to bed demonstrates the severity of the injury, even if it is not fatal. The Sages derive from this that the assailant is exempt from capital punishment but still liable for financial compensation. The Talmud also discusses scenarios where the victim later dies from complications, raising questions about the assailant's liability for murder.

Midrashic Insight

The Midrash (Mechilta d'Rabbi Yishmael) connects this verse to the broader ethical principle of avoiding conflict. It teaches that quarrels often begin with words but can escalate to violence, as seen here. The Midrash emphasizes the importance of peace (shalom) and the grave consequences of allowing disputes to spiral out of control.

Halachic Application

Later halachic authorities, such as the Shulchan Aruch (Choshen Mishpat 420), codify the laws derived from this verse. They stipulate that courts must carefully assess the extent of the injury, the intent of the assailant, and the circumstances of the altercation to determine fair compensation. The verse underscores the Torah's commitment to justice and the sanctity of human life and dignity.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 83b
The verse is discussed in the context of liability for injuries caused by physical altercations, particularly focusing on the distinction between intentional and unintentional harm.
📖 Sanhedrin 78b
The verse is referenced in discussions about the laws of assault and the conditions under which one is liable for causing injury to another.

Frequently Asked Questions

Q: What does Exodus 21:18 mean in simple terms?
A: Exodus 21:18 discusses a case where two people are fighting, and one hits the other with a stone or fist, causing injury but not death. The injured person must then stay in bed to recover. This verse introduces the laws of compensation for personal injury in Jewish law (Halacha).
Q: Why is this verse important in Jewish law?
A: This verse is important because it establishes the foundation for laws about personal injury and compensation in the Torah. According to Rashi and the Talmud (Bava Kamma 83b), it teaches that the attacker must pay for the victim's medical expenses, lost wages, and pain and suffering—principles that are still applied in Jewish civil law today.
Q: What can we learn from Exodus 21:18 about resolving conflicts?
A: This verse teaches that causing harm to others, even unintentionally during an argument, has consequences. Jewish tradition (as explained in Rambam's Mishneh Torah, Hilchot Chovel u'Mazik) emphasizes responsibility for one's actions and the obligation to make amends, promoting peaceful conflict resolution and accountability.
Q: How does this verse apply in modern times?
A: The principles from this verse still apply today in Jewish law (Halacha). If someone causes injury, they are responsible for covering medical costs, lost income, and other damages. This reflects the Torah's emphasis on justice, personal responsibility, and caring for others' well-being.