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Exodus 21:19 - Assault: when is restitution enough?

Exodus 21:19 - שמות 21:19

Hebrew Text

אִם־יָקוּם וְהִתְהַלֵּךְ בַּחוּץ עַל־מִשְׁעַנְתּוֹ וְנִקָּה הַמַּכֶּה רַק שִׁבְתּוֹ יִתֵּן וְרַפֹּא יְרַפֵּא׃

English Translation

if he rise again, and walk abroad upon his staff, then shall he that struck him be acquitted: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed.

Transliteration

Im-yakum vehit'halekh bakhutz al-mish'anto venika hamekeh rak shivto yiten verapo yerape.

Hebrew Leining Text

אִם־יָק֞וּם וְהִתְהַלֵּ֥ךְ בַּח֛וּץ עַל־מִשְׁעַנְתּ֖וֹ וְנִקָּ֣ה הַמַּכֶּ֑ה רַ֥ק שִׁבְתּ֛וֹ יִתֵּ֖ן וְרַפֹּ֥א יְרַפֵּֽא׃ <span class="mam-spi-samekh">{ס}</span>        
אִם־יָק֞וּם וְהִתְהַלֵּ֥ךְ בַּח֛וּץ עַל־מִשְׁעַנְתּ֖וֹ וְנִקָּ֣ה הַמַּכֶּ֑ה רַ֥ק שִׁבְתּ֛וֹ יִתֵּ֖ן וְרַפֹּ֥א יְרַפֵּֽא׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Context and Overview

The verse (Shemot 21:19) discusses the legal consequences for one who injures another in a physical altercation. The Torah outlines that if the injured party recovers sufficiently to walk with a staff, the assailant is exempt from further punishment (nefesh tachat nefesh, "a life for a life") but remains liable for financial compensation.

Rashi's Explanation

Rashi (Rabbi Shlomo Yitzchaki) comments on this verse, emphasizing that the phrase "וְנִקָּה הַמַּכֶּה" ("the striker shall be acquitted") refers to exemption from capital punishment or further physical retribution. However, the assailant is still obligated to compensate the victim for:

  • Shevet ("שִׁבְתּוֹ") – Lost wages due to the victim's inability to work during recovery.
  • Ripuy ("וְרַפֹּא יְרַפֵּא") – Medical expenses for healing the injuries.

Rambam's Legal Analysis

In Hilchot Chovel u'Mazik (Laws of Injury and Damages 1:4-5), Rambam (Maimonides) elaborates on the financial obligations derived from this verse. He explains that the Torah establishes a principle of full restitution for damages, including:

  • Compensation for pain (tza'ar), medical costs (ripuy), lost income (shevet), and humiliation (boshet).
  • The exemption from capital punishment applies only if the victim recovers to the point of mobility, indicating the injury was not fatal.

Midrashic Insight

The Mechilta (a halachic Midrash on Shemot) notes that the phrase "עַל־מִשְׁעַנְתּוֹ" ("upon his staff") symbolizes partial recovery—the victim is still weakened but no longer bedridden. This intermediate state demonstrates that the injury, while serious, was not life-threatening, thus limiting the assailant's liability to monetary compensation.

Halachic Implications

The Shulchan Aruch (Choshen Mishpat 420:1) codifies these principles, stating that if the victim dies from the injury later, the assailant may still be liable for capital punishment if it is proven that the initial injury caused the death. However, if the victim showed signs of recovery (as described in the verse), the assailant is only liable for financial damages.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 85a
The verse is discussed in the context of the laws of damages and compensation for injuries, particularly regarding the obligation to pay for medical expenses and lost wages.

Frequently Asked Questions

Q: What does Exodus 21:19 mean about someone who injures another?
A: Exodus 21:19 discusses the case where one person injures another, but the injured person recovers enough to walk with a cane. The Torah states that the one who caused the injury is not held fully liable (i.e., not punished further), but must compensate the injured person for lost wages and medical expenses. This teaches the principle of personal responsibility and restitution in Jewish law (Rashi, Rambam Hilchot Chovel u'Mazik).
Q: Why does the Torah specify 'walking with a staff' in Exodus 21:19?
A: The phrase 'walking with a staff' indicates that the injured person has recovered to a functional state, though not fully healed. According to Rashi and the Talmud (Bava Kamma 85a), this shows that the assailant is no longer liable for further punishment (like exile or capital punishment), but still must pay for damages and healing costs. The staff symbolizes partial recovery.
Q: What can we learn from Exodus 21:19 about financial responsibility for injuries?
A: This verse teaches that causing harm to another person carries financial obligations, even if the injured party recovers. The Torah requires the one who caused the injury to pay for lost work time ('shevet') and medical care ('ripuy'). Rambam (Hilchot Chovel u'Mazik 1:4-5) explains that this reinforces the Jewish value of accountability and repairing harm done to others.
Q: How does Exodus 21:19 apply to modern cases of personal injury?
A: The principles in this verse form the basis of Jewish civil law (Dinei Mamonot) regarding damages. Today, Jewish courts (Beit Din) still rule on cases where one person harms another, requiring compensation for lost income and medical expenses (Choshen Mishpat 420). This teaches that Torah law remains relevant in addressing interpersonal conflicts fairly.