In Defence of “Eye for an Eye” Approaches to Morality and Law

[¹⁸When men quarrel and one strikes the other with stone or fist, and he does not die but has to take to his bed—¹⁹if he then gets up and walks outdoors upon his staff, the assailant shall go unpunished, except that he must pay for his idleness and his cure.]...

²²When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact from him, the payment to be based on reckoning. ²³But if other damage ensues, the penalty shall be life for life, ²⁴eye for eye, tooth for tooth, hand for hand, foot for foot, ²⁵burn for burn, wound for wound, bruise for bruise...

[³⁵When a man’s ox injures his neighbour’s ox and it dies, they shall sell the live ox and divide its price; they shall also divide the dead animal. ³⁶If, however, it is known that the ox was in the habit of goring, and its owner has failed to guard it, he must restore ox for ox, but shall keep the dead animal.]

(17) If anyone kills any human being, he shall be put to death. (18) One who kills a beast shall make restitution for it: life for life. (19) If anyone maims his fellow, as he has done so shall it be done to him: (20) fracture for fracture, eye for eye, tooth for tooth. The injury he inflicted on another shall be inflicted on him. (21) One who kills a beast shall make restitution for it; but one who kills a human being shall be put to death. (22) You shall have one standard for stranger and citizen alike: for I the LORD am your God.

(15) A single witness may not validate against a person any guilt or blame for any offense that may be committed; a case can be valid only on the testimony of two witnesses or more. (16) If a man appears against another to testify maliciously and gives false testimony against him, (17) the two parties to the dispute shall appear before the LORD, before the priests or magistrates in authority at the time, (18) and the magistrates shall make a thorough investigation. If the man who testified is a false witness, if he has testified falsely against his fellow, (19) you shall do to him as he schemed to do to his fellow. Thus you will sweep out evil from your midst; (20) others will hear and be afraid, and such evil things will not again be done in your midst. (21) Nor must you show pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. [Literally: life in life, eye in eye etc.].

One who injures a fellow man becomes liable to him for five items: for damages, for pain, for healing, for loss of time, and for degradation. How does damages work? If he put out his eye, cut off his arm or broke his leg, the injured person is considered as if he were a slave being sold in the marketplace, and a valuation is made as to how much he was worth [previously] and how much he is worth [now].

1. It is taught: “Rabbi Dostai ben Yehudah says: ‘Eye for an eye’—money [i.e. monetary compensation].”
You say monetary compensation, or perhaps it is not so but rather actual retaliation [by putting out an eye] that is meant?
What then will you say when this one’s eye is large and this one’s eye is small, how can I apply this principle of “Eye for an eye”? If, however, you say that in such a case monetary compensation will have to be taken, did not the Torah state “You shall have one law” (Leviticus 24:22), implying that the manner of the law should be the same in all cases!...
2. Another teaching: Rabbi Simon ben Yohai says: “‘Eye for eye’—money [i.e. monetary compensation].”
You say monetary compensation, or perhaps it is not so but rather actual retaliation [by putting out an eye] that is meant?
What then will you say where a blind man put out the eye of another man, or where a cripple cut off the hand of another, or where a lame person broke the leg of another? How can I carry out in this case “eye for an eye”, seeing that the Torah says, ‘You shall have one law’ (Leviticus 24:22), implying that the manner of law should be the same in all cases?...
3. The School of Rabbi Yishmael taught: “Scripture says: ‘So shall it [the injury] be given to him’ (Leviticus 24:20). [The word] ‘giving’ can apply only to money [i.e. monetary compensation].”...
4. The School of Rabbi Hiyya taught: “Scripture says: ‘Hand in hand’ (Deuteronomy 19:21), meaning an article which is given from hand to hand.” And what is this? It is money...
5. Abbaye said: “It can be derived from the teaching of the School of Hizkiyah.” For the School of Hizkiyah taught: “‘Eye for eye, life for life’ (Exodus 21:23-24), and not ‘An eye and a life for an eye.’” For if you should think that actual retaliation is meant, there are times when you find that it is an eye and a life for an eye, as while the offender is being blinded, his soul leaves him...
6. Rav Zevid said in the name of Rabbah: “The verse says, ‘wound for wound’ (Exodus 21:25—[teaching you] to give ‘pain’ in a case where there is ‘damages’.” And if you were to think that [the verse means it] literally, in a case where this one has ‘pain’, that one also has ‘pain’!...
7. Rav Pappa in the name of Rava said: “The verse says, ‘and you will surely heal’ (Exodus 21:19)—[teaching you] to give ‘healing’ in a case where there is ‘damages’. And if you were to think that [the verse means it] literally, in a case where this one needs medicine, that one also needs medicine!...
8. Rav Ashi said: “It can be derived from ‘for’ ‘for’ from the [case of the] ox.” It is written here, “eye for eye” (Exodus 21:24), and it is written there, “He shall surely pay, ox for ox” (21:36). Just as there it [means] money, so too here it [means] money...

It is taught: Rabbi Eliezer says: “‘Eye for eye’—literally [refers to retaliation].”

You would really think ‘literally’? Could Rabbi Eliezer go against all those other Tannaim [above]?

Rabbah said: “He meant [by ‘literally’] that you should not evaluate him as a slave [but as a real, proper, ‘literal’ person].”

Abbaye said to [Rabbah]: “But like whom [should we evaluate him]? Like a free person? Does a free person have value?!”

Rather, Rav Ashi says: “[Rabbi Eliezer means that] you should not evaluate him according to the victim, but instead according to the offender.”