A Literal and Practical Interpretation of the Biblical Verse Ayin tachat Ayin or an Eye for an Eye

Literal and Practical Interpretation of the Biblical Verse עין תחת עין an Eye for an Eye

This verse is stated in the context of a person who commits an act of physical damage to another person and it declares what justice should be meted out to the perpetrator based on the specific act s/he committed. It appears to give a summary judgement stating: “an eye for an eye, a tooth for a tooth, a hand for a hand”, etc. based upon the particular damage done.

However the word “tachat” actually means under, or beneath rather than to or for in Hebrew. The Hebrew preposition for to or for is usually simply the letter Lamed (ל) placed before a noun. Based on this, if the verse meant that the perpetrator’s eye, tooth, or hand, etc. should actually be removed as just punishment for what s/he committed then it should simply state that with the usual Hebrew preposition for “to or for.”

The use of the word “tachat” appears to imply a different meaning than simply “for.” Its general meaning of “under or beneath” appears to imply some foundational underpinning for assessing the damage that was done just as the first floor or basement of a building which is underneath the rest of the structure serves as a foundation for the rest of the building.

In our American and English business lexicon we have the word “basis” which according to Barron’s Business Dictionary normally refers to the cost that someone paid for a property or asset and this cost or basis is used in calculating various taxes.

I suggest that the Biblical verse is using the word “tachat” to inform us that each of the specific parts of the body that were damaged form a “basis” for calculating the value of the damage done by the perpetrator. So when it states “an eye tachat an eye or a tooth tachat a tooth or a hand tachat a hand, etc. it means that we have to assess the particular damage based on the full utility and value of the specific organ or body part prior to it having been damaged or destroyed.

Thus the verse is informing us that the most direct and complete compensation for the loss of a specific body part is to determine its unique physical and economic value when it was whole and functional. Obviously the loss of an eye has a different physical utility and economic value than the loss of a tooth or a hand, etc. and the verse is emphasizing that each particular body part damaged must be evaluated on its on unique basis. This seems to apply when a wound was inflicted as well.

This interpretation is meant to support and complement traditional interpretations and commentaries found in the Talmud and other sources. Rav Shai Cherry gave as a reference the following verse in Exodus19:17 that seems to support this interpretation that the word תחת implies a base or "basis" where it states: