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Exodus 21:24 - Divine justice demands precise restitution?

Exodus 21:24 - שמות 21:24

Hebrew Text

עַיִן תַּחַת עַיִן שֵׁן תַּחַת שֵׁן יָד תַּחַת יָד רֶגֶל תַּחַת רָגֶל׃

English Translation

Eye for eye, tooth for tooth, hand for hand, foot for foot,

Transliteration

Ayin tachat ayin shen tachat shen yad tachat yad regel tachat regel.

Hebrew Leining Text

עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן יָ֚ד תַּ֣חַת יָ֔ד רֶ֖גֶל תַּ֥חַת רָֽגֶל׃
עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן יָ֚ד תַּ֣חַת יָ֔ד רֶ֖גֶל תַּ֥חַת רָֽגֶל׃

🎵 Listen to leining

Parasha Commentary

Literal vs. Monetary Compensation

The verse "Eye for eye, tooth for tooth..." (Shemot 21:24) is understood by Chazal (our Sages) as referring to monetary compensation rather than physical retribution. This interpretation is based on several sources:

  • The Talmud (Bava Kamma 83b-84a) establishes that the Torah mandates financial payment for bodily injuries, as literal retaliation would be impractical in cases where the perpetrator is blind or lacks the injured body part.
  • Rambam (Hilchot Chovel u'Mazik 1:3-6) codifies this principle, explaining that the court assesses the value of the injury, including pain, medical costs, lost wages, and embarrassment.
  • Rashi (on Shemot 21:24) similarly notes that the verse refers to monetary compensation, citing the Talmudic discussion.

Philosophical Underpinnings

The Torah's formulation as "eye for eye" serves important philosophical purposes:

  • It emphasizes the severity of causing bodily harm - that the perpetrator must understand the full impact of their actions (Ibn Ezra).
  • The literal phrasing teaches that the compensation should be proportional to the damage caused (Sefer HaChinuch 48).
  • It maintains the moral principle of measure-for-measure justice while being practically implemented through monetary means (Ramban).

Halachic Implementation

The practical application involves five types of compensation (Bava Kamma 83b):

  • Nezek (permanent damage): Payment for the actual diminution of value
  • Tza'ar (pain): Compensation for suffering
  • Ripuy (medical costs): Payment for healing
  • Shevet (lost wages): Compensation for inability to work
  • Boshet (embarrassment): Payment for humiliation caused

Moral Lessons

Beyond the legal framework, our Sages derive moral teachings:

  • The Midrash (Sifra on Kedoshim) connects this to the principle that all humans are created in God's image - harming another is akin to harming the Divine image.
  • The Talmud (Sanhedrin 8a) notes that the requirement for monetary compensation rather than physical retaliation demonstrates the Torah's mercy and wisdom.
  • Kli Yakar emphasizes that the monetary payment serves as atonement for the sin of harming another person.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 83b
The Talmud discusses the principle of 'eye for an eye' and interprets it as monetary compensation rather than literal retribution.
📖 Ketubot 32b
The verse is referenced in the context of discussing damages and the compensation owed for injuries.
📖 Sanhedrin 84a
The Talmud debates the interpretation of 'eye for an eye' and concludes that it refers to financial compensation.

Frequently Asked Questions

Q: What does 'eye for an eye' mean in Exodus 21:24?
A: In Orthodox Jewish tradition, 'eye for an eye' (Exodus 21:24) is understood by the Talmud (Bava Kamma 83b) to mean monetary compensation, not literal physical retaliation. The Torah requires fair financial payment for damages caused, as explained by Rashi and Rambam (Hilchot Chovel Umazik).
Q: Why does the Torah say 'eye for an eye' if we don't literally take an eye?
A: The Oral Torah (Mishnah Bava Kamma 8:1) clarifies that the verse refers to compensating the victim for five categories: damage, pain, medical costs, lost income, and embarrassment. This shows the Torah's emphasis on justice and proper restitution rather than physical retaliation.
Q: How do we apply 'eye for an eye' today according to Jewish law?
A: Today, Jewish courts (Beit Din) apply this principle by requiring financial compensation for injuries. The Shulchan Aruch (Choshen Mishpat 420) details how to calculate payments for different types of damages, following the Talmudic interpretation of this verse.
Q: What's the deeper meaning behind 'eye for an eye' in Judaism?
A: The Midrash (Mechilta on Exodus 21:24) teaches that this law demonstrates the Torah's precision in justice - the punishment must exactly match the damage done. Rambam (Guide 3:41) explains it prevents excessive vengeance while ensuring fair compensation, maintaining societal balance.
Q: Does 'eye for an eye' mean the Torah is harsh?
A: Not at all. Jewish tradition (Talmud Makkot 23b) sees this as a merciful law that limits punishment to fair compensation. Rashi explains it prevents people from taking disproportionate revenge, showing the Torah's wisdom in establishing measured justice for maintaining peace in society.