Deuteronomy 19:21 - Justice demands exact measure.

Deuteronomy 19:21 - דברים 19:21

Hebrew Text

וְלֹא תָחוֹס עֵינֶךָ נֶפֶשׁ בְּנֶפֶשׁ עַיִן בְּעַיִן שֵׁן בְּשֵׁן יָד בְּיָד רֶגֶל בְּרָגֶל׃

English Translation

And thy eye shall not pity; but life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

Transliteration

Ve'lo tachos einecha nefesh be'nefesh ayin be'ayin shen beshen yad be'yad regel be'regel.

Hebrew Leining Text

וְלֹ֥א תָח֖וֹס עֵינֶ֑ךָ נֶ֣פֶשׁ בְּנֶ֗פֶשׁ עַ֤יִן בְּעַ֙יִן֙ שֵׁ֣ן בְּשֵׁ֔ן יָ֥ד בְּיָ֖ד רֶ֥גֶל בְּרָֽגֶל׃ {ס}        

Parasha Commentary

Literal vs. Monetary Compensation

The verse (Devarim 19:21) states, "And thy eye shall not pity; but life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." At first glance, this appears to mandate physical retaliation. However, the Oral Torah (as recorded in the Talmud, Bava Kamma 83b-84a) clarifies that this refers to monetary compensation rather than literal bodily retribution. Rashi explains that the Torah uses this phrasing to indicate that the value of the injury must be assessed precisely—just as one cannot restore an actual eye, the compensation must be equivalent to the full damage caused.

Principles of Justice and Fairness

Rambam (Hilchot Chovel u'Mazzik 1:3-6) elaborates that the Torah's intent is to ensure justice, not vengeance. The court evaluates five categories of damages for bodily injuries:

  • Nezek (permanent physical damage)
  • Tza'ar (pain and suffering)
  • Ripuy (medical expenses)
  • Shevet (lost wages)
  • Boshet (embarrassment)

Thus, "eye for eye" means the offender must compensate the victim for all these aspects proportionally.

Why the Torah Uses Physical Terminology

The Midrash (Sifrei Devarim 190) notes that the Torah employs vivid language to emphasize the severity of causing bodily harm. By framing it as "eye for eye," the Torah teaches that harming another person is akin to harming oneself—underscoring the gravity of the sin. The Mechilta (Mishpatim 8) adds that this phrasing prevents excessive leniency, ensuring the punishment matches the crime's impact.

The Prohibition of Pity in Judgment

The phrase "And thy eye shall not pity" instructs judges to rule impartially, without favoring the wealthy or the poor (Rashi, Devarim 19:21). The Talmud (Sanhedrin 6b) warns that misplaced compassion for the offender leads to injustice for the victim. Rambam (Hilchot Sanhedrin 20:4) stresses that judges must evaluate damages objectively, without emotional bias.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Kamma 83b
The verse is discussed in the context of the principle of 'an eye for an eye' and how it is interpreted as monetary compensation rather than literal retribution.
📖 Sanhedrin 90b
The verse is referenced in a discussion about the severity of certain sins and the concept of divine justice.
📖 Makkot 4b
The verse is cited in a debate about the interpretation of 'an eye for an eye' and whether it should be understood literally or as monetary compensation.

Frequently Asked Questions

Q: What does 'eye for an eye' mean in Deuteronomy 19:21?
A: The phrase 'eye for an eye' is often misunderstood as literal retaliation. According to Jewish tradition (Talmud, Bava Kamma 83b), it refers to monetary compensation for damages. The Torah teaches that if someone causes harm to another, they must pay fair compensation for the injury, not inflict the same injury in return. This principle ensures justice while avoiding unnecessary violence.
Q: Why does the Torah say 'your eye shall not pity' in this verse?
A: The phrase 'your eye shall not pity' means that judges must administer justice fairly without letting personal feelings interfere (Rashi on Deuteronomy 19:21). Even if the offender seems sympathetic, the court must ensure proper compensation is paid to the victim. This upholds the Torah's system of justice and prevents favoritism.
Q: How does 'eye for an eye' apply in Jewish law today?
A: In Jewish law (Halacha), 'eye for an eye' is interpreted as requiring financial compensation for injuries, not physical retaliation (Rambam, Hilchot Chovel u'Mazik 1:3). Courts assess the value of the injury, including medical costs, pain, and lost wages. This ensures justice while promoting a peaceful resolution between parties.
Q: Is 'eye for an eye' about revenge in the Torah?
A: No, 'eye for an eye' is not about revenge. The Talmud (Bava Kamma 84a) explains that the Torah's intent is fair compensation, not vengeance. The verse teaches that justice must be measured and proportional, ensuring the victim is properly compensated while preventing excessive punishment.
Q: What lesson can we learn from 'life for life, eye for eye' in Deuteronomy 19:21?
A: This verse teaches the importance of balanced justice in Torah law. The Sages (Midrash Sifrei on Deuteronomy 19:21) emphasize that punishments must match the severity of the wrongdoing without cruelty. It reminds us that true justice requires fairness, accountability, and respect for human dignity.

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