An eye for an eye

The phrase "an eye for an eye, a tooth for a tooth" expresses a form of retributive justice also known as lex talionis (Latin, 'law of retaliation'). It may have originated in ancient near-Eastern and Middle Eastern law, such as Babylonian law.

In societies not bound by the rule of law, if a person was hurt, then the injured person (or their relative) would take vengeful retribution on the person who caused the injury. Often the retribution would be much worse than the crime; it was often death. Babylonian law put a limit on such actions, restricting the retribution to be no worse than the crime.

In the Hebrew Bible, God issues many denunciations of ancient near-Eastern morality and law; the Torah (Exodus 21:24) offers its own statement of "an eye for an eye, a tooth for a tooth". Read in its historical context, this seems to not be encouraging retributive justice, but is rather setting forth a commandment that punishments must be no more worse than the crime, giving as an example "an eye for an eye, or a tooth for a tooth". This verse probably was meant to serve as a limitation on what kind of response the injured party could give.

Lex talionis in Judaism

The oral law of Judaism holds that this verse was never meant to be followed literally. The rabbis of the Talmud ask, "How can any person be certain that the punishment they inflict is definitely no worse than the initial injury?" They answer that this is impossible to carry out in practice. Therefore, they conclude that to follow the spirit of this law, it must be interpreted as applying to financial damages that are commensurate with the severity of the crime.

The Oral Law explains that what is meant is a sophisticated five-part monetary form of compensation, consisting of payment for "Damages, Pain, Medical Expenses, Incapacitation, and Mental Anguish" - which underlie many modern legal codes - and that the expression, "An eye for an eye, etc." means that that is what the perpetrator deserves, if not for the mercy of the Torah and its Author. Against this, some argue that the Torah is intended to be taken literally, because it says, "Do not take a ransom for the life of a Murderer, who is wicked to the extent that he must die". In other words, for the murderer, there is no monetary amount that is sufficient to grant him atonement in the eyes of God, and only payment with his life will secure that atonement. For other forms of injury, however, the criminal must pay a huge sum, as a ransom for his eye, hand, or foot; and as atonement, which is intended to make him a poor man for his terrible crime.

In other cases, an exact retaliation is practically impossible. For example, suppose a blind person damaged the eye of another. It would then be impossible to demand "an eye for an eye"? (Babylonian Talmud, tractate Bava Kama 84a).

See also

• Turn the other cheek

External references

• Union of Orthodox Jewish Congregations explanation of the Torah and Lex Talonis