(כב) וְכִֽי־יִנָּצ֣וּ אֲנָשִׁ֗ים וְנָ֨גְפ֜וּ אִשָּׁ֤ה הָרָה֙ וְיָצְא֣וּ יְלָדֶ֔יהָ וְלֹ֥א יִהְיֶ֖ה אָס֑וֹן עָנ֣וֹשׁ יֵעָנֵ֗שׁ כַּֽאֲשֶׁ֨ר יָשִׁ֤ית עָלָיו֙ בַּ֣עַל הָֽאִשָּׁ֔ה וְנָתַ֖ן בִּפְלִלִֽים׃ (כג) וְאִם־אָס֖וֹן יִהְיֶ֑ה וְנָתַתָּ֥ה נֶ֖פֶשׁ תַּ֥חַת נָֽפֶשׁ׃ (כד) עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן יָ֚ד תַּ֣חַת יָ֔ד רֶ֖גֶל תַּ֥חַת רָֽגֶל׃ (כה) כְּוִיָּה֙ תַּ֣חַת כְּוִיָּ֔ה פֶּ֖צַע תַּ֣חַת פָּ֑צַע חַבּוּרָ֕ה תַּ֖חַת חַבּוּרָֽה׃ (ס)
(22) When 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. (23) But if other damage ensues, 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, bruise for bruise.
(1) עין תחת עין EYE FOR EYE — If one blinded the eye of his fellow-man he has to pay him the value of his eye, i. e. he pays him how much his value would be diminished if he were to be sold as a slave in the market. In the same way all other cases are to be dealt with, but it does not mean the actual cutting off of the offender’s limb — just as our Rabbis have explained in the chapter beginning with the word החובל (Bava Kamma 84a).
(1) ואם אסון יהיה AND IF THERE BE ANY FURTHER MISCHIEF — in the case of the woman, (2) ונתת נפש תחת נפש THEN THOU SHALT GIVE SOUL FOR SOUL. Our Rabbis differ as to the explanation of the word נפש the first time it occurs here. There are some who say that it actually signifies “life” (i. e. life for life), others say that it means monetary compensation but not literally life, and they say that this must be so because he who intends to kill a certain person and inadvertently kills another instead, (as is the case here), is exempt from the death penalty, and has only to pay to his heirs his value estimating this as though he were sold as a slave in the market (Sanhedrin 79a).
אביי אומר אתיא מדתני דבי חזקיה דתנא דבי חזקיה (שמות כא, כד) עין תחת עין נפש תחת נפש ולא נפש ועין תחת עין ואי סלקא דעתך ממש זימנין דמשכחת לה עין ונפש תחת עין דבהדי דעויר ליה נפקא ליה נשמתיה
Bava Kamma 84a
The Gemara presents another derivation: Abaye says that this principle is derived from that which was taught by the school of Ḥizkiyya, as the school of Ḥizkiyya taught that the Torah states: “An eye for an eye” (Exodus 21:24), and: “A life for a life” (Exodus 21:23), but not an eye and a life for an eye. And if it enters your mind to say that the verse means this literally, there could be times when you find a case where both an eye and a life are taken for an eye, i.e., when the one who caused the damage is so weak that as the court blinds his eye, his soul departs from his body.
(א) הַחוֹבֵל בַּחֲבֵרוֹ חַיָּב עָלָיו מִשּׁוּם חֲמִשָּׁה דְבָרִים, בְּנֶזֶק, בְּצַעַר, בְּרִפּוּי, בְּשֶׁבֶת, וּבְבֹשֶׁת. בְּנֶזֶק כֵּיצַד. סִמָּא אֶת עֵינוֹ, קָטַע אֶת יָדוֹ, שִׁבֵּר אֶת רַגְלוֹ, רוֹאִין אוֹתוֹ כְּאִלּוּ הוּא עֶבֶד נִמְכָּר בַּשּׁוּק וְשָׁמִין כַּמָּה הָיָה יָפֶה וְכַמָּה הוּא יָפֶה. צַעַר, כְּוָאוֹ בְשַׁפּוּד אוֹ בְמַסְמֵר, וַאֲפִלּוּ עַל צִפָּרְנוֹ, מְקוֹם שֶׁאֵינוֹ עוֹשֶׂה חַבּוּרָה, אוֹמְדִין כַּמָּה אָדָם כַּיּוֹצֵא בָזֶה רוֹצֶה לִטֹּל לִהְיוֹת מִצְטַעֵר כָּךְ. רִפּוּי, הִכָּהוּ חַיָּב לְרַפְּאֹתוֹ. עָלוּ בוֹ צְמָחִים, אִם מֵחֲמַת הַמַּכָּה, חַיָּב. שֶׁלֹּא מֵחֲמַת הַמַּכָּה, פָּטוּר. חָיְתָה וְנִסְתְּרָה, חָיְתָה וְנִסְתְּרָה, חַיָּב לְרַפְּאֹתוֹ. חָיְתָה כָל צָרְכָּהּ, אֵינוֹ חַיָּב לְרַפְּאֹתוֹ. שֶׁבֶת, רוֹאִין אוֹתוֹ כְּאִלוּ הוּא שׁוֹמֵר קִשּׁוּאִין, שֶׁכְּבָר נָתַן לוֹ דְמֵי יָדוֹ וּדְמֵי רַגְלוֹ. בֹּשֶׁת, הַכֹּל לְפִי הַמְבַיֵּשׁ וְהַמִּתְבַּיֵּשׁ. הַמְבַיֵּשׁ אֶת הֶעָרֹם, הַמְבַיֵּשׁ אֶת הַסּוּמָא, וְהַמְבַיֵּשׁ אֶת הַיָּשֵׁן, חַיָּב. וְיָשֵׁן שֶׁבִּיֵּשׁ, פָּטוּר. נָפַל מִן הַגָּג, וְהִזִּיק וּבִיֵּשׁ, חַיָּב עַל הַנֶּזֶק וּפָטוּר עַל הַבֹּשֶׁת, שֶׁנֶּאֱמַר (דברים כה) וְשָׁלְחָה יָדָהּ וְהֶחֱזִיקָה בִּמְבֻשָׁיו, אֵינוֹ חַיָּב עַל הַבֹּשֶׁת עַד שֶׁיְהֵא מִתְכַּוֵּן:
(1) One who injures his fellow is liable concerning him for five categories [of payment]: damages, pain, healthcare, unemployment, and shame. For damages, how [is this calculated?] One who puts out his eye, cuts off his hand, breaks his leg—we see him as if he were a slave sold in the marketplace, and we evaluate how much he was worth [the injury] and how much he is worth now. Pain? When he burned him with a spit or a nail—even on his fingernail—anything where there is no [permanent] wound, we evaluate how much a similar person would want to pay to be spared this [pain]. Healthcare? When he strikes him, he is liable for his healthcare costs. If swellings arose on him, if they were because of the strike, then he is liable; but if it was not because of the strike, he is exempt. If the swelling healed and then reopened and then healed and reopened, he is liable for his healthcare. If it healed entirely, he is exempt from his healing. Unemployment? We see him as if he were a guard of gourds, since he already gave him the value [for the loss] of his hand or his leg. Shame? All depends on the one who shames and the one who is shamed. One who shames a naked person, a blind person or a sleeping person is liable. If a sleeping person embarrasses, he is exempt. One who falls from the roof and caused damage and shamed, he is liable for damages and exempt for shame, as it is written, "[when two men fight and the wife of one comes out to save her husband,] and she puts out her hand and seizes his genitals (lit. damages his shame) [you shall cut off her hand]" (Deuteronomy 25:11-12). No one is liable for shame unless one intended to cause it.
(א) 'עין' - שם משותף. הוא שם עין המים "על עין המים במדבר". והוא שם העין הרואה "עין תחת עין". והוא שם ההשגחה - אמר על ירמיה "קחנו ועיניך שים עליו" - ענינו שם השגחתך עליו. ולפי זאת ההשאלה נאמר בחוק האלוה בכל מקום "והיו עיני ולבי שם כל הימים" - השגחתי וכונתי כמו שהקדמנו; "תמיד עיני יי אלוקיך בה" - השגחתו בה; "עיני יי המה משוטטים" - השגחתו כוללת בכל מה שבארץ גם כן כמו שיוזכר בפרקים יבואו בהשגחה: אמנם כשיתחבר בעינים מלת 'ראיה' או 'חזיה' כמו "פקח עיניך וראה" "עיניו יחזו" - יהיה ענין כולם ההשגה השכלית לא השגה הרגשית; כי כל הרגשה הפעלות כמו שידעת והוא ית' פועל לא מתפעל כמו שאבאר
(1) THE Hebrew ‘ayin is a homonym, signifying "fountain"; e.g., "By a fountain (‘en) of water" (Gen. 16:7). It next denotes "eye"; comp. (‘ayin) "Eye for eye" (Exod. 21:24). Another meaning of the word is "providence," as it is said concerning Jeremiah, "Take him and direct thine attention (eneka) to him" (Jer. 39:12). In this figurative sense it is to be understood when used in reference to God; e.g., "And my providence and my pleasure shall be there perpetually" (1 Kings 9:3), as we have already explained (page 140); "The eyes (‘ene), i.e., the Providence of the Lord thy God, are always upon it" (Deut. 11:12); "They are the eyes (‘ene) of the Lord, which run to and fro through the whole earth" (Zech. 4:10), i.e., His providence is extended over everything that is on earth, as will be explained in the chapters in which we shall treat of Providence. When, however, the word "eye" is connected with the verb "to see," (raah or ḥazah) as in "Open thine eyes, and see" (1 Kings 19:16); "His eyes behold" (Ps. 11:4), the phrase denotes perception of the mind, not that of the senses: for every sensation is a passive state, as is well known to you, and God is active, never passive, as will be explained by me.
Everett Fox
life in place of life: this has historically been taken to indicate a kind of strict Herew vengeance, as in the current expressions "an eye for an eye". But the passage may have been meant as a contrast to the Babylonian system, where the rich could in essence pay to get out of such situations. In Israel this could not be done, and thus w are dealing not with strict justice but with strict fairness.
English
Richard Elliot Friedman
eye for an eye: In its context in Leviticus it applies solely to human justice....the basic principle appears to be that punishment should correspond to the crime and never exceed it.
English
Cassuto
Talio
"Resentment is like drinking/taking poison and then hoping it will kill your enemies”- Nelson Mandela
Guide for the Perplexed, Part 1 44:1
THE Hebrew ‘ayin is a homonym, signifying "fountain"; e.g., "By a fountain (‘en) of water" (Gen. 16:7). It next denotes "eye"; comp. (‘ayin) "Eye for eye" (Exod. 21:24). Another meaning of the word is "providence," as it is said concerning Jeremiah, "Take him and direct thine attention (eneka) to him" (Jer. 39:12). In this figurative sense it is to be understood when used in reference to God; e.g., "And my providence and my pleasure shall be there perpetually" (1 Kings 9:3), as we have already explained (page 140); "The eyes (‘ene), i.e., the Providence of the Lord thy God, are always upon it" (Deut. 11:12); "They are the eyes (‘ene) of the Lord, which run to and fro through the whole earth" (Zech. 4:10), i.e., His providence is extended over everything that is on earth, as will be explained in the chapters in which we shall treat of Providence. When, however, the word "eye" is connected with the verb "to see," (raah or ḥazah) as in "Open thine eyes, and see" (1 Kings 19:16); "His eyes behold" (Ps. 11:4), the phrase denotes perception of the mind, not that of the senses: for every sensation is a passive state, as is well known to
“We did a lot of Carlebach, but we stopped for one year, and that will be over [this month]. It is not my job to do teshuva [repentance] for him. My job is to listen to victims and to the many Jews in my community, in the wake of the #MeToo movement, who say: I could not go to a single synagogue or single Jewish camp and not hear the music of the person who assaulted me. I felt my responsibility was to hear those victims and say, I hear you. And while I can separate the artist from the art, and I am going to sing Carlebach music in the future, I want you to know that I hear you. I am not punishing Carlebach. I don’t want to get rid of the art of Picasso or Wagner. I actually feel like some of the most incredible contributions to the art world came from the most flawed, complicated people. There is a spark of divinity even in the most corrupt soul.” Rabbi Angela Buchdahl
MISHNA: A sin-offering, which atones for unwitting performance of transgressions punishable by karet, and a definite guilt-offering, which is brought for robbery and misuse of consecrated items, atone for those sins. Death and Yom Kippur atone for sins when accompanied by repentance. Repentance itself atones for minor transgressions, for both positive mitzvot and negative mitzvot. And repentance places punishment for severe transgressions in abeyance until Yom Kippur comes and completely atones for the transgression. With regard to one who says: I will sin and then I will repent, I will sin and I will repent, Heaven does not provide him the opportunity to repent, and he will remain a sinner all his days. With regard to one who says: I will sin and Yom Kippur will atone for my sins, Yom Kippur does not atone for his sins. Furthermore, for transgressions between a person and God, Yom Kippur atones; however, for transgressions between a person and another, Yom Kippur does not atone until he appeases the other person.