"An Eye for an Eye?"

(22) If people fight and they push a pregnant woman so that miscarriage results, but no [other] damage ensues, the one responsible shall be fined according to what the woman’s husband may set for them, and the payment shall be based on judgment. (23) But if [other] damage occurs, the penalty shall be life for life, (24) eye for eye, tooth for tooth, hand for hand, foot for foot, (25) burn for burn, wound for wound, injury for injury.

(17) If someone strikes down any human being, they shall be put to death. (18) If one strikes down a animal, they shall pay for it: life for life. (19) If anyone maims another—as he did, so too shall it be done to him: (20) fracture for fracture, eye for eye, tooth for tooth; as one inflicts an injury on a human being, so too shall it be inflicted on him. (21) So one who strikes an animal shall pay for it, and one who strikes a human shall die.

(16) If a scheming witness comes forward to accuse someone of wrongdoing, (17) then both parties to the dispute shall appear before the Lord, before the priests and the judges who are in office in those days, (18) and the judges shall make a thorough inquiry. If the witness is a false witness, having testified falsely against another, (19) then you shall do to the false witness just as the false witness had meant to do to the other. So you shall purge the evil from your midst. (20) And others shall hear and be afraid, and a crime such as this shall never again be committed among you. (21) Show no pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

(1) One who injures his fellow is liable in that case for five categories [of payment]: damages, pain, healthcare, unemployment, and shame.

For damages--how [is this calculated]? If one put out his eye, cut off his hand, or broke his leg, then we look at him [the victim] as if he were a slave sold in the marketplace, and we estimate how much he was worth [before the injury], and how much he is worth now.

Why [do we pay monetary compensation]? The Torah states "eye for eye"; I might say it means literally! No, this would not make sense, for it has been taught [in another, early Rabbinic source]:

"You might think that if someone put out a person's eye, one puts out their eye; or if someone cut off a person's hand, one cuts off their hand; or if someone broke a person's leg, one cuts off their leg. The Torah states, 'one who strikes a human, one who strikes an animal' (see Lev 24:21). Just as striking an animal requires payment, so too [some cases of] striking a human [only] require payment."

And if you wish to find another reason, in fact it says: "You shall not accept ransom for the life of a murderer who is worthy of death" (Num 35:31)--implying: for the life of a murderer you may not accept ransom, but you may accept ransom for the body parts [of the attacker] which do not grow back.

Which kind of "striking" [were we considering when we compared humans and animals above]? If you say [it is the verse], "So one who strikes an animal shall pay for it, and one who strikes a human shall die" (Lev 24:21)--that is written about killing [not just wounding]!

Rather, it is based on this: "If one strikes down a animal, they shall pay for it: life for life" (Lev 24:18), and immediately following it [we find]: "If anyone maims another—as he did, so too shall it be done to him" (ibid. 24:19).

That [latter] verse doesn't mention [the word] "striking"! We compare [the principle] of striking in both cases: Just as the striking mentioned regarding animals requires payment, so too the striking mentioned regarding humans [only] requires payment.

But is it written, "If someone strikes down any human being, they shall be put to death (Lev 24:17)! That refers to monetary compensation. What makes you think it refers to monetary compensation? I might say it means the actual death penalty!

No, this would not make sense: First, it is juxtaposed with [the verse], "If one strikes down a animal, they shall pay for it" (ibid. 24:18); and furthermore, afterward it is written, "as one inflicts [literally: "gives"] an injury on a human being, so too shall it be inflicted [literally "be given"] on him (ibid. 24:20). So you must conclude that it means monetary compensation. [In part, because the last verse uses the term "giving," which is taken to apply to money, not bodily punishment]....

It is taught in another [early] Rabbinic source: Rabbi Shimon, son of Yoḥai says: "Eye for eye"--this means monetary compensation. You say this means monetary compensation, or does it really mean a literal eye? Consider: if there were a blind person who blinded someone; or an amputee who cut off someone's [same] limb; or a lame person who made someone lame—in such a case how could I fulfill "eye for eye"? And the Torah said, “You shall have one law” (Lev 24:22), meaning, a law which is the same for all of you.

How do we know that what was said regarding [the loss of] limbs, "eye for eye," is monetary payment? Because it is [also] stated, "injury for injury" (Exod 21:25), and it is explicitly stated, "When a person strikes his companion with a stone or a fist...he shall certainly pay for his unemployment and for his healing" (Exod 21:18-19). In this way we learn that the word "for" stated concerning "injury" is monetary payment. And the same law applies concerning the term "for" that is said regarding "eye" and other limbs.