(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׃
(1) These are the rules that you shall set before them: (2) When you acquire a Hebrew slave, he shall serve six years; in the seventh year he shall go free, without payment. (3) If he came single, he shall leave single; if he had a wife, his wife shall leave with him. (4) If his master gave him a wife, and she has borne him children, the wife and her children shall belong to the master, and he shall leave alone. (5) But if the slave declares, “I love my master, and my wife and children: I do not wish to go free,” (6) his master shall take him before God. He shall be brought to the door or the doorpost, and his master shall pierce his ear with an awl; and he shall then remain his slave for life. (7) When a man sells his daughter as a slave, she shall not go free as male slaves do. (8) If she proves to be displeasing to her master, who designated her for himself, he must let her be redeemed; he shall not have the right to sell her to outsiders, since he broke faith with her. (9) And if he designated her for his son, he shall deal with her as is the practice with free maidens. (10) If he marries another, he must not withhold from this one her food, her clothing, or her conjugal rights. (11) If he fails her in these three ways, she shall go free, without payment. (12) He who fatally strikes a man shall be put to death. (13) If he did not do it by design, but it came about by an act of God, I will assign you a place to which he can flee. (14) When a man schemes against another and kills him treacherously, you shall take him from My very altar to be put to death. (15) He who strikes his father or his mother shall be put to death. (16) He who kidnaps a man—whether he has sold him or is still holding him—shall be put to death. (17) He who insults his father or his mother shall be put to death. (18) When men quarrel and one strikes the other with stone or fist, and he does not die but has to take to his bed— (19) if he then gets up and walks outdoors upon his staff, the assailant shall go unpunished, except that he must pay for his idleness and his cure. (20) When a man strikes his slave, male or female, with a rod, and he dies there and then, he must be avenged. (21) But if he survives a day or two, he is not to be avenged, since he is the other’s property. (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. (26) When a man strikes the eye of his slave, male or female, and destroys it, he shall let him go free on account of his eye. (27) If he knocks out the tooth of his slave, male or female, he shall let him go free on account of his tooth. (28) When an ox gores a man or a woman to death, the ox shall be stoned and its flesh shall not be eaten, but the owner of the ox is not to be punished. (29) If, however, that ox has been in the habit of goring, and its owner, though warned, has failed to guard it, and it kills a man or a woman—the ox shall be stoned and its owner, too, shall be put to death. (30) If ransom is laid upon him, he must pay whatever is laid upon him to redeem his life. (31) So, too, if it gores a minor, male or female, [the owner] shall be dealt with according to the same rule. (32) But if the ox gores a slave, male or female, he shall pay thirty shekels of silver to the master, and the ox shall be stoned. (33) When a man opens a pit, or digs a pit and does not cover it, and an ox or an ass falls into it, (34) the one responsible for the pit must make restitution; he shall pay the price to the owner, but shall keep the dead animal. (35) When a man’s ox injures his neighbor’s ox and it dies, they shall sell the live ox and divide its price; they shall also divide the dead animal. (36) If, however, it is known that the ox was in the habit of goring, and its owner has failed to guard it, he must restore ox for ox, but shall keep the dead animal. (37) When a man steals an ox or a sheep, and slaughters it or sells it, he shall pay five oxen for the ox, and four sheep for the sheep.—
(יט) וְאִ֕ישׁ כִּֽי־יִתֵּ֥ן מ֖וּם בַּעֲמִית֑וֹ כַּאֲשֶׁ֣ר עָשָׂ֔ה כֵּ֖ן יֵעָ֥שֶׂה לּֽוֹ׃ (כ) שֶׁ֚בֶר תַּ֣חַת שֶׁ֔בֶר עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן כַּאֲשֶׁ֨ר יִתֵּ֥ן מוּם֙ בָּֽאָדָ֔ם כֵּ֖ן יִנָּ֥תֶן בּֽוֹ׃ (כא) וּמַכֵּ֥ה בְהֵמָ֖ה יְשַׁלְּמֶ֑נָּה וּמַכֵּ֥ה אָדָ֖ם יוּמָֽת׃ (כב) מִשְׁפַּ֤ט אֶחָד֙ יִהְיֶ֣ה לָכֶ֔ם כַּגֵּ֥ר כָּאֶזְרָ֖ח יִהְיֶ֑ה כִּ֛י אֲנִ֥י יהוה אֱלֹהֵיכֶֽם׃
(1) The LORD spoke to Moses, saying: (2) Command the Israelite people to bring you clear oil of beaten olives for lighting, for kindling lamps regularly. (3) Aaron shall set them up in the Tent of Meeting outside the curtain of the Pact [to burn] from evening to morning before the LORD regularly; it is a law for all time throughout the ages. (4) He shall set up the lamps on the pure lampstand before the LORD [to burn] regularly. (5) You shall take choice flour and bake of it twelve loaves, two-tenths of a measure for each loaf. (6) Place them on the pure table before the LORD in two rows, six to a row. (7) With each row you shall place pure frankincense, which is to be a token offering for the bread, as an offering by fire to the LORD. (8) He shall arrange them before the LORD regularly every sabbath day—it is a commitment for all time on the part of the Israelites. (9) They shall belong to Aaron and his sons, who shall eat them in the sacred precinct; for they are his as most holy things from the LORD’s offerings by fire, a due for all time. (10) There came out among the Israelites one whose mother was Israelite and whose father was Egyptian. And a fight broke out in the camp between that half-Israelite and a certain Israelite. (11) The son of the Israelite woman pronounced the Name in blasphemy, and he was brought to Moses—now his mother’s name was Shelomith daughter of Dibri of the tribe of Dan— (12) and he was placed in custody, until the decision of the LORD should be made clear to them. (13) And the LORD spoke to Moses, saying: (14) Take the blasphemer outside the camp; and let all who were within hearing lay their hands upon his head, and let the whole community stone him. (15) And to the Israelite people speak thus: Anyone who blasphemes his God shall bear his guilt; (16) if he also pronounces the name LORD, he shall be put to death. The whole community shall stone him; stranger or citizen, if he has thus pronounced the Name, he shall be put to death. (17) If anyone kills any human being, he shall be put to death. (18) One who kills a beast shall make restitution for it: life for life. (19) If anyone maims his fellow, as he has done so shall it be done to him: (20) fracture for fracture, eye for eye, tooth for tooth. The injury he inflicted on another shall be inflicted on him. (21) One who kills a beast shall make restitution for it; but one who kills a human being shall be put to death. (22) You shall have one standard for stranger and citizen alike: for I the LORD am your God. (23) Moses spoke thus to the Israelites. And they took the blasphemer outside the camp and pelted him with stones. The Israelites did as the LORD had commanded Moses.
(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 another is liable to pay compensation for that injury due to five types of indemnity: He must pay for damage, for pain, for medical costs, for loss of livelihood, and for humiliation.How is payment for damage assessed? If one blinded another’s eye, severed his hand, broke his leg, or caused any other injury, the court views the injured party as though he were a slave being sold in the slave market, and the court appraises how much he was worth before the injury and how much he is worth after the injury. The difference between these two sums is the amount that one must pay for causing damage. How is payment for pain assessed? If one burned another with a skewer [beshapud] or with a hot nail, or even if one burned another on his fingernail, which is a place where he does not cause a bruise that would affect the victim’s value on the slave market, the court evaluates how much money a person with a similar threshold for pain as the victim is willing to take in order to be made to suffer in this way. The one who burned the victim must then pay this amount. How is payment for medical costs assessed? If one struck another, then he is liable to heal him by paying for his medical costs. In a case where growths, e.g., blisters or rashes, appeared on the injured party, if the growths are due to the blow, the one who struck him is liable; if the growths are not due to the blow, the one who struck him is exempt. In a case where the wound healed, and then reopened, and again healed, and then reopened, the one who struck him remains liable to heal the injured party by paying for his medical costs, as it is apparent that the current wound resulted from the original injury. If the injury healed fully, the one who struck him is not liable to heal him by paying for any subsequent medical costs. How is payment for loss of livelihood assessed? The court views the injured party as though he were a watchman of cucumbers, and the one who caused him injury must compensate him based on that pay scale for the income that he lost during his convalescence. This indemnity does not take into account the value of the standard wages of the injured party because the one who caused him injury already gave him compensation for his hand or compensation for his leg, and that compensation took into account his professional skills. How is payment for humiliation assessed? It all depends on the stature of the one who humiliates the other and the one who is humiliated.One who humiliates a naked person, or one who humiliates a blind person, or one who humiliates a sleeping person is liable, but a sleeping person who humiliates another is exempt. If one fell from the roof onto another person, and thereby caused him damage and humiliated him, then the one who fell is liable for the indemnity of damage, since a person is always considered forewarned, and exempt from the indemnity of humiliation, as it is stated: “and putting out her hand, she takes hold of his private parts” (Deuteronomy 25:11); a person is not liable for humiliation unless he intends to humiliate the other person.
(2)Thishalakhais a stringency with regard to a person who caused injury, compared to the halakhawith regard to an ox that caused injury: The halakha is that the person pays compensation for damage, pain, medical costs, loss of livelihood, and humiliation; and if he caused a woman to miscarry he also pays compensation for miscarried offspring, as the verse states (see Exodus 21:22). But in the case of an ox that caused injury, the owner pays only compensation for damage, and he is exempt from paying compensation for miscarried offspring.(3) The mishna continues: One who strikes his father or his mother but did not cause them to have a bruise, and therefore is not liable to receive court-imposed capital punishment, and one who injures another on Yom Kippur, the punishment for which is not court-imposed capital punishment, is liable to pay for all of the five types of indemnity. One who injures a Hebrew slave is liable to pay for all of the five types of indemnity. This is except for compensation for loss of livelihood suffered during the time that the injured slave belongs to the one that injured him. Since the right to the slave’s labor belongs to his master, his inability to work is his master’s loss. One who injures a Canaanite slave belonging to others is liable to pay for all of the five types of indemnity. Rabbi Yehuda says: Canaanite slaves do not have humiliation, so the one who injures the slave pays only the other four types of indemnity.
(4) The mishna continues: With regard to a deaf-mute, an imbecile, or a minor, an encounter with them is disadvantageous. In other words, no favorable outcome is possible for someone involved in an incident with one of these people, since one who injures them is liable. But if they were the ones who injured others, they are exempt. This is because they lack awareness and are not responsible for their actions. Similarly, with regard to a slave and a married woman, an encounter with them is disadvantageous, since one who injures them is liable. But if they were the ones who injured others, they are exempt, because they do not have money with which to pay compensation. But they pay compensation at a later time. The exemption is only temporary, as, if the woman becomes divorced or the slave becomes emancipated, and they then have their own money, they are liable to pay compensation.
(5) The mishna continues: One who strikes his father or his mother and causes them to have a bruise, or one who injures another on Shabbat, is exempt from paying all of the five types of indemnity, because he is judged with losing his life. The court imposes capital punishment for these acts, so there is no additional monetary punishment. And one who injures his own Canaanite slave is exempt from paying all of the five types of indemnity, because his slave is his property.
(6)One who strikes another must give him a sela. Rabbi Yehuda says in the name of Rabbi Yosei HaGelili that he must give him one hundred dinars. If he slapped another on the cheek, he must give him two hundred dinars. If he slapped him on the cheek with the back of his hand, which is more degrading than a slap with the palm, he must give him four hundred dinars. If he pulled his ear, or pulled out his hair, or spat at him and his spittle reached him, or if he removed the other’s cloak from him, or if he uncovered the head of a woman in the marketplace, in all of these cases, he must give the injured party four hundred dinars.This is the principle of assessing payment for humiliation caused to another: It is all evaluated in accordance with the honor of the one who was humiliated, as the Gemara will explain. Rabbi Akiva said: Even with regard to the poor among the Jewish people, they are viewed as though they were freemen who lost their property and were impoverished. And their humiliation is calculated according to this status, as they are the children of Abraham,Isaac, and Jacob, and are all of prominent lineage. The mishna relates: And an incident occurred involving one who uncovered the head of a woman in the marketplace, and the woman came before Rabbi Akiva to request that he render the assailant liable to pay for the humiliation that she suffered, andRabbi Akivarendered the assailant liable to give her four hundred dinars. The man said toRabbi Akiva: My teacher, give me time to pay the penalty, andRabbi Akivagave him time. The man then waited for her until she was standing by the opening of her courtyard, and he broke a jug in front of her, and there was the value of about an issar of oil inside the jug. The woman then exposed her own head and she was wetting [metapaḥat] her hand in the oil, and placing her hand on her head to make use of the oil. The man set up witnesses to observe her actions, and he came before Rabbi Akiva, and he said to him: Will I give four hundred dinars to this woman for having uncovered her head? By uncovering her head for a minimal benefit, she has demonstrated that this does not cause her humiliation. Rabbi Akivasaid to him: You did not say anything, i.e., this claim will not exempt you. One who injures himself, although it is not permitted for him to do so, is nevertheless exempt from any sort of penalty, but others who injured him are liable to pay him. In this case as well, the man was liable to compensate the woman for shaming her, despite the fact that she did the same to herself. Similarly, one who cuts down his own saplings, although it is not permitted for him to do so, as this violates the prohibition of: “You shall not destroy” (see Deuteronomy 20:19), is exempt from any penalty, but others who cut down his saplings are liable to pay him.
(7)Despite the fact that the assailant who caused damage gives to the victim all of the required payments for the injury, his transgression is not forgiven for him in the heavenly court until he requests forgiveness from the victim, as it is stated that God told Abimelech after he had taken Sarah from Abraham: “Now therefore restore the wife of the man; for he is a prophet, and he shall pray for you, and you shall live” (Genesis 20:7). And from where is it derived that if the victim does not forgive him that he is cruel? As it is stated: “And Abraham prayed to God; and God healed Abimelech, and his wife, and his maidservants; and they bore children” (Genesis 20:17). The mishna continues: With regard to one who says to another: Blind my eye, or: cut off my hand, or: break my leg, and he does so, the one who performed these actions is liable to pay for the damage, despite having been instructed to do so. Even if he explicitly instructed him: Do so on the condition that you will be exempt from payment, he is nevertheless liable. With regard to one who says to another: Tear my garment, or: break my jug, and he does so, he is liable to pay for the damage. But if he instructed him explicitly: Do so on the condition that you will be exempt from payment, he is exempt from payment. If one says to another: Do so, i.e., cause damage, to so-and-so on the condition that you will be exempt from payment, and he did so, he is liable, whether the instructions were with regard to the victim himself, or whether the instructions were with regard to his property.
(א) "עין תחת עין" - ממון.
אתה אומר ממון, או אינו אלא עין ממש?היה רבי אלעזר אומר: "ומכה בהמה ישלמנה ומכה אדם יומת" (ויקרא כד) - הקיש הכתוב נזקי אדם לנזקי בהמה ונזקי בהמה לנזקי אדם, מה נזקי בהמה לתשלומין אף נזקי אדם לתשלומין.
רבי יצחק אומר: הרי הוא אומר "אם כופר יושת עליו" (שמות כא) - והרי דברים קל וחומר, ומה במקום שענש הכתוב מיתה, לא ענש אלא ממון, כאן שלא ענש מיתה, דין הוא שלא יענש אלא ממון!
רבי אליעזר אומר: "עין תחת עין" - שומע אני בין מתכוין בין שאינו מתכוין אינו משלם אלא ממון? והרי הכתוב מוציא המתכוון לעשות בו מום שאינו משלם אלא ממש...
(1) "an eye for an eye" money. You say "money," but perhaps an eye (literally) is intended? R. Elazar was wont to say (Leviticus 24:21) "One who strikes a beast shall pay for it, and one who strikes a man shall be put to death." Scripture likens the injuries of a man to the injuries of a beast, and the injuries of a beast to the injuries of a man. And just as the injuries of a beast are subject to monetary payment, so, the injuries of a man. R. Eliezer says: It is written (Exodus 21:30) "When kofer ('atonement payment') is imposed upon him, he shall give the redemption of his soul." Now does this not follow a fortiori, viz.: If where Scripture makes him liable for death, he only pays money, then here (re an eye), where Scripture does not make him liable for death, how much more so does he pay only money! R. Yitzchak says: "an eye for an eye": I understand this to mean that whether or not he intends (to blind him), he pays only money. And, indeed, Scripture limits one who intends to cause a blemish to monetary payment, as it is written (Leviticus 24:19) "And a man if he maims his neighbor" — general; "an eye for an eye" — particular. general-particular. (The rule is:) The general subsumes only what exists in the particular. Then, in (20) "as he maims a man," there is a reversion to the general. Perhaps the first general is generalized (i.e., all maimings are to be included.) Would you say that? We have here an instance of general-particular-general, where (the rule is that) you judge in accordance with the particular, viz.: Just as the particular specifies permanent maimings, external organ prominences, and intended (injuries) as paying only money (and not being punishable by death) (so, all such maimings are included.) Thus, "as he maims a man" — when he intends to maim him.
[ז] יכול סימא את עינו, יסמא את עינו? קיטע את ידו, יקטע את ידו? שיבר את רגלו, ישבר את רגלו?
תלמוד לומר "ומכה בהמה..מכה אדם" - מה מכה בהמה בתשלומין, אף מכה אדם בתשלומין.
אם נפשך לומר (במדבר לה, לא) "ולא תקחו כופר לנפש רוצח", לרוצח אין אתה נוטל כופר, נוטל אתה לאיברים כופר.
(1) 1) (Vayikra 24:17) ("And a man if he smite all the soul of a man shall be put to death.") "And a man if he smite": This tells me only of a man who smites. Whence do I derive (the same for) a woman who smites? From (Shemoth 21:12) "If one strikes a man (and he dies, then he shall be put to death") — anyone, whether a man or a woman. If "If one strikes a man," I would know only of one who struck a man. When would I derive (the same for) one who struck a woman or a minor? It is, therefore, written "if he smite the soul" — whether man, woman, or minor. I might think that he would be liable even if he smote a nefel (a child that is certain to die); it is, therefore, written "if he smite a man." Just as a man is a "survivor," (so all [of the victims] must inherently be "survivors") — to exclude a nefel, who is not a "survivor." "if he smite all the soul": to include an instance in which one was smitten and would die (as a result), and another came and gave him the death blow, he (the last) is liable.
(2) 2) (Vayikra 24:18) "And one that smites a beast shall pay for it — a life for a life.": If it were written "And one who smites a soul a beast he shall pay," I would take it to mean: One who smites a man shall pay a beast. Now that it is written "shall pay for it," (I see that) the referent is the beast, (and the reading is [lit.,] "And one that smites the soul of a beast must pay for it.")
(3) 3) (Vayikra 24:19) ("And a man, if he inflicts an injury upon his neighbor; as he did, so shall it be done to him.") "And a man, if he inflicts an injury upon his neighbor": This tells me only of an (actual) injury). Whence do I derive (that the same halachah applies) if he screamed in one's ear, tore one's hair, spat at someone and hit him with his spittle, pulled off someone's garment, or uncovered a woman's head in the market place? From "as he did" (though no actual injury was inflicted), so shall it be done to him."
(4) 4) And whence is it derived (that the same applies) if he hit him with the back of his hand, with a tablet, with a board, or with a roll of papers in his hand? From "as he did, etc."
(5) 5) Whence is it derived that if he took hold of him and placed him in the sun, so that he was overcome by heat, or in the cold so that he was chilled, or if he held a dog or a snake to bite him? From "as he did, etc."
(6) 6) I might think (that the same applied) even if he said to him: Wait for me here in the sun and he was overcome by heat, or in the cold, and he was chilled, or if he "sicked" a dog or a snake on to him? It is, therefore, written "blemish." Why do you see fit to include the former (as liable) and to exclude the latter? After Scripture includes, it excludes. I include those which his hand is (directly) involved in, and exclude those which his hand is not involved in.
(7) 7) (Vayikra 24:21) ("And one who strikes a beast shall pay, and one who strikes a man shall be put to death.") I might think that if one blinded another's eye, his eye should be blinded; that if he cut off his hand, his hand should be cut off; that if he broke his leg, his leg should be broken; it is, therefore, written "one who strikes a beast," "one who strikes a man" — Just as one who strikes a beast pays, so, one who strikes a man pays. And if you would object: (But it is written [Bamidbar 35:31]) "You shall not take kofer (monetary payment) for the life of a murderer" — for a murderer you do not take kofer, but you do take kofer for (injury to) the limbs.
(8) 8) "one who strikes a man": What is the intent of this? Because it is written (Shemoth 21:15) "And one who strikes his father and mother (shall be put to death"), I might think that he is not liable until he strikes both of them together; it is, therefore, written "and one who strikes a man shall be put to death" — even one of them. I might think that even if he struck them and did not cause an injury he is liable; it is, therefore, written "And one who strikes a beast … and one who strikes a man." Just as one who strikes a beast (is not liable) until he causes an injury, so, he who strikes a man. I might think that even if he struck them (his father or his mother) after (their) death, he is liable, (just as he is if he curses them after their death); it is, therefore, written "one who strikes a beast" and "one who strikes a man" — Just as the first, while it is living, so, the second, while he is living.
(9) 9) (Vayikra 24:22) "One judgment shall there be for you": As the judgment of capital cases, so, the judgment of monetary litigations. Jut as capital cases require thorough cross-examination (of the witnesses), so, monetary litigations. If so, (why not say:) Just as capital cases require twenty-three (judges), so, monetary litigations? It is, therefore, written "en eye for an eye," to include (monetary litigations as requiring only three judges).
(10) 10) (Vayikra 24:23) ("And Moses spoke to the children of Israel, and they took the curser outside the camp, and they stoned him with a stone; and the children of Israel did as the L–rd commanded Moses.") "And Moses spoke to the children of Israel, and they took the curser outside the camp. As mentioned earlier (Chapter 19:1), we are hereby taught that beth-din was within, and beth-din, outside of it. "and they stoned him," and not his garment (viz. Chapter 19:3). "a stone": We are hereby taught that if he died with one stone, it is sufficient. "and the children of Israel did as the L–rd commanded Moses": both in respect to semichah (placing of the hands, viz. Vayikra 24:14), in respect to dechiyah (casting him from the stoning platform, viz. Shemoth 19:13), in respect to hanging (his body on a tree) (viz. Devarim 21:22), and in respect to (Devarim 21:23) "His corpse shall not remain on the tree."
(מג) ומקץ היובל הזה הומת קין אחריו בשנה ההיא ביתו נפל עליו וימת בתוך ביתו ויומת בקרב אבניו: (מד) כי באבן המית את הבל ובאבן הומת גם הוא על פי משפט הצדק: (מה) לכן חרות על לוחות השמים לאמור בדבר אשר המית איש את רעהו בו יומת כאשר נתן מום בעמיתו כן יעשו לו:
(1) And in the third week in the second jubilee she gave birth to Cain, and in the fourth she gave birth to Abel, and in the fifth she gave birth to her daughter ’Âwân.
(2) And in the first (year) of the third jubilee, Cain slew Abel because (God) accepted the sacrifice of Abel, and did not accept the offering of Cain.
(3) And he slew him in the field: and his blood cried from the ground to heaven, complaining because he had slain him.
(4) And the Lord reproved Cain because of Abel, because he had slain him, and he made him a fugitive on the earth because of the blood of his brother, and he cursed him upon the earth.
(5) And on this account it is written on the heavenly tables, "Cursed is he who smiteth his neighbour treacherously, and let all who have seen and heard say, So be it;
(6) and the man who hath seen and not declared (it), let him be accursed as the other."
(7) And for this reason we announce when we come before the Lord our God all the sin which is committed in heaven and on earth, and in light and in darkness, and everywhere.
(8) And Adam and his wife mourned for Abel four weeks of years,
(9) and in the fourth year of the fifth week they became joyful, and Adam knew his wife again, and she bare him a son, and he called his name Seth; for he said "God hath raised up a second seed unto us on the earth instead of Abel; for Cain slew him."
(10) And in the sixth week he begat his daughter ’Azûrâ.
(11) And Cain took ’Âwân his sister to be his wife and she bare him Enoch at the close of the fourth jubilee.
(12) And in the first year of the first week of the fifth jubilee, houses were built on the earth, and Cain built a city, and called its name after the name of his son Enoch.
(13) And Adam knew Eve his wife and she bare yet nine sons.
(14) And in the fifth week of the fifth jubilee Seth took ’Azûrâ his sister to be his wife, and in the fourth (year of the sixth week) she bare him Enos. He began to call on the name of the Lord on the earth.
(15) And in the seventh jubilee in the third week Enos took Nôâm his sister to be his wife, and she bare him a son in the third year of the fifth week, and he called his name Kenan.
(16) And at the close of the eighth jubilee Kenan took Mûalêlêth his sister to be his wife, and she bare him a son in the ninth jubilee, in the first week in the third year of this week, and he called his name Mahalalel.
(17) And in the second week of the tenth jubilee Mahalalel took unto him to wife Dînâh, the daughter of Barâkî’êl the daughter of his father's brother, and she bare him a son in the third week in the sixth year, and he called his name Jared;
(18) for in his days the angels of the Lord descended on the earth, those who are named the Watchers, that they should instruct the children of men, and that they should do judgment and uprightness on the earth.
(19) And in the eleventh jubilee Jared took to himself a wife, and her name was Bâraka, the daughter of Râsûjâl, a daughter of his father's brother, in the fourth week of this jubilee,
(20) and she bare him a son in the fifth week, in the fourth year of the jubilee, and he called his name Enoch.
(21) And he was the first among men that are born on earth who learnt writing and knowledge and wisdom
(22) and who wrote down the signs of heaven according to the order of their months in a book, that men might know the seasons of the years according to the order of their separate months.
(23) And he was the first to write a testimony, and he testified to the sons of men among the generations of the earth, and recounted the weeks of the jubilees, and made known to them the days of the years, and set in order the months and recounted the Sabbaths of the years as we made (them) known to him.
(24) And what was and what will be he saw in a vision of his sleep, as it will happen to the children of men throughout their generations until the day of judgment;
(25) he saw and understood everything, and wrote his testimony, and placed the testimony on earth for all the children of men and for their generations.
(26) And in the twelfth jubilee, in the seventh week thereof, he took to himself a wife, and her name was Ednî, the daughter of Dânêl, the daughter of his father's brother, and in the sixth year in this week she bare him a son and he called his name Methuselah.
(27) And he was moreover with the angels of God these six jubilees of years, and they showed him everything which is on earth and in the heavens, the rule of the sun, and he wrote down everything.
(28) And he testified to the Watchers, who had sinned with the daughters of men;
(29) for these had begun to unite themselves, so as to be defiled, with the daughters of men, and Enoch testified against (them) all.
(30) And he was taken from amongst the children of men, and we conducted him into the Garden of Eden in majesty and honour,
(31) and behold there he writeth down the condemnation and judgment of the world, and all the wickedness of the children of men.
(32) And on account of it (God) brought the waters of the flood upon all the land of Eden; for there he was set as a sign and that he should testify against all the children of men, that he should recount all the deeds of the generations until the day of condemnation.
(33) And he burnt the incense of the sanctuary, (even) sweet spices, acceptable before the Lord on the Mount.
(34) For the Lord hath four places on the earth, the Garden of Eden, and the Mount of the East, and this mountain on which thou art this day, Mount Sinai, and Mount Zion (which) will be sanctified in the new creation for a sanctification of the earth;
(35) through it will the earth be sanctified from all (its) guilt and its uncleanness throughout the generations of the world.
(36) And in the fourteenth jubilee Methuselah took unto himself a wife, Ednâ the daughter of ’Âzrîâl, the daughter of his father's brother, in the third week, in the first year of this week, and he begat a son and called his name Lamech.
(37) And in the fifteenth jubilee in the third week Lamech took to himself a wife, and her name was Bêtênôs the daughter of Bârâkî’îl, the daughter of his father's brother, and in this week she bare him a son
(38) and he called his name Noah, saying, "This one will comfort me for my trouble and all my work, and for the ground which the Lord hath cursed."
(39) And at the close of the nineteenth jubilee, in the seventh week in the sixth year thereof, Adam died, and all his sons buried him in the land of his creation, and he was the first to be buried in the earth.
(40) And he lacked seventy years of one thousand years; for one thousand years are as one day in the testimony of the heavens
(41) and therefore was it written concerning the tree of knowledge: "On the day that ye eat thereof ye will die."
(42) For this reason he did not complete the years of this day; for he died during it.
(43) At the close of this jubilee Cain was killed after him in the same year; for his house fell upon him and he died in the midst of his house, and he was killed by its stones,
(44) for with a stone he had killed Abel, and by a stone was he killed in righteous judgment.
(45) For this reason it was ordained on the heavenly tables: "With the instrument with which a man killeth his neighbour with the same shall he be killed; after the manner that he wounded him, in like manner shall they deal with him."
(46) And in the twenty-fifth jubilee Noah took to himself a wife, and her name was ’Ĕmzârâ, the daughter of Râkê’êl, the daughter of his father's brother, in the first year in the fifth week:
(47) and in the third year thereof she bare him Shem, in the fifth year thereof she bare him Ham, and in the first year in the sixth week she bare him Japheth.
בְּאַרְבָּעָה עָשָׂר בְּתַּמוּז עַדָא סְפַר גְזֵירָתָא דִלָא לְמִסְפָּד:
שהיו בייתוסין אומרים "עין תחת עין, שן תחת שן" - הפיל אדם שינו של חבירו, יפיל את שינו של חבירו; סמא את עינו של חבירו, יסמא את עינו ושניהן שווים...
אמרו להם חכמים: והלא כתוב, "התורה והמצוה אשר כתבתי להורותם" (שמות כד) וכתיב "ועתה כתבו לכם את השירה הזאת ולמדה את בני ישראל שימה בפיהם" (דברים לא), "ולמדה" - זה מקרא, "שימה בפיהם" - אלו הלכות.
ואותו היום שבטלוהו עשאוהו יום טוב.
(1) On the 4th (10th) of Tammuz the book of decrees was removed (on which it is not allowed to mourn).
(2)The Tzaddukim had a book of laws - "These are stoned, these are burned, these are killed by sword, these are stangled." When it was written, a person would ask (what to do) and go look in the book. If you asked them, "How do you know this one is stoned or burned or decapitated or strangled?", they wouldn't be able to bring a proof from the "the instructions given to you" (Devarim 17:11). Because we don't write laws in a book. ... The day that it was destroyed, they made a holiday.
עין. אמר רב סעדיה לא נוכל לפרש זה הפסוק כמשמעו. כי אם אדם הכה עין חבירו וסרה שלישית אור עיניו איך יתכן שיוכה מכה כזאת בלי תוספת ומגרעת. אולי יחשיך אור עינו כולו ויותר קשה הכויה והפצע והחבורה כי אם היו במקום מסוכן אולי ימות ואין הדעת סובלת אמר לו בן זוטא. והלא כתוב במקום אחר כאשר יתן מום באדם כן ינתן בו. והגאון השיב לו יש לנו בי"ת תחת על. והנה טעמו כן ינתן עליו עונש, ובן זוטא השיב לו כאשר עשה כן יעשה לו. והגאון השיב הנה שמשון אמר כאשר עשו לי כן אעשה להם. ושמשון לא לקח נשותיהם ונתנם לאחרים רק גמולם השיב להם. ובן זוטא השיב אם היה המכה עני מה יהיה עונשו. והגאון השיב אם עור יעור עין פקח מה יעשה לו. כי העני יתכן שיעשיר וישלם. רק העור לא יוכל לשלם לעולם. והכלל לא נוכל לפרש על דרך מצות התורה פירש שלם אם לא נסמך על דברי חז"ל. כי כאשר קבלנו התורה מן האבות כן קבלנו תורה שבעל פה אין הפרש ביניהם. והנה יהיה פי' עין תחת עין. ראוי להיותו עינו תחת עינו אם לא יתן כפרו. (ב) ואמר הגאון כי יש שן שהעונש שלו מעט אם יהיה המוכה נער. כי אם יכרת עוד יחליף. והזכיר היד כי היא בעלת מלאכה והזכיר הרגל שהוא יותר קשה מהיד. כי לא יוכל אדם ללכת ברגל אחת. ולפי דעתי כי הזכיר אלה האיברים על ההוה ברוב. כי כאשר יכה אדם חבירו. או יכנו בעין שהוא עומד כנגדו. או בפה שעומד כנגדו וישבור שניו. או ביד שבה ילחם. או יגן בעד פניו או ברגל בבדחו מפניו:
(1) EYE. Rabbi Saadiah says that we cannot interpret this verse according to its plain meaning. For if a man struck his neighbor’s eye and the eye lost a third of its sight, how is it possible to punish the culprit with an equivalent blow, that is, with a blow which is neither greater nor lesser? There is a possibility that the culprit will lose his entire eyesight. Burns, wounds, and stripes present even greater difficulties, for if they were inflicted on a dangerous area it is possible for the culprit to die. The mind cannot accept this. Ben Zuta said to Saadiah Gaon: Does not Scripture elsewhere state, as he hath maimed a man, so shall it be rendered unto him (Lev. 24:20)? Rabbi Saadiah answered him: We have a bet taking the place of the word al (on). Its meaning is, so shall a fine be placed upon him. However, Ben Zuta responded, as he hath done, so shall it be done to him (Lev. 24:19). The Gaon retorted: Observe, Samson said, As they did unto me, so have I done unto them (Jud. 15:11). Now Samson did not take their wives and hand them over to others. He only repaid them for their dastardly acts. Ben Zuta responded: If the culprit is a poor man what shall his punishment be? The Gaon answered: If a blind person shall blind one who can see, what shall be done to him, for it is possible for a poor person to become wealthy and pay. However, it is eternally impossible for the blind to pay. The general rule is that we cannot fully explain any commandment written in the Torah unless we rely on the words of our sages of blessed memory. Just as we received the Torah from the sages, so did we receive the Oral Law. There is no difference between them. Now the interpretation of eye for eye is, it is fitting for the culprit to give his eye in place of his victim’s eye if he does not pay ransom for it. (2) [TOOTH FOR TOOTH, HAND FOR HAND, FOOT FOR FOOT.] Rabbi Saadiah Gaon says: In some cases the payment for taking out a tooth is very small. This is the case when a youth is struck, because if his tooth is uprooted another will take its place. Scripture mentions the hand because one does work with it. Scripture mentions the foot because the loss of a foot is worse than the loss of a hand, as a person cannot walk on one foot. However, I believe that Scripture mentions these organs because they are the ones that are usually harmed. When a man strikes his neighbor he strikes him in the eye which faces him, or the mouth which faces him and thus breaks his teeth, or in the hand that his neighbor fights with or protects his face with, or his foot when he runs away from him.
שם עונש כל חוטא לזולתו בכלל - שיעשה בו כמו שעשה בשוה אם הזיק בגוף ינזק בגופו ואם הזיק בממון ינזק בממונו. ויש לבעל הממון למחול ולהקל. אמנם ההורג לבד לחוזק חטאתו אין מקילים לו כלל ולא ילקח ממנו כופר ולארץ לא יכופר לדם אשר שופך בה כי אם בדם שופכו". ומפני זה אילו חיה הנהרג שעה אחת או ימים והוא מדבר ושכלו טוב ויאמר "הניחו הורגי" הנה מחלתי וסלחתי לו" - אין שומעים לו אבל נפש בנפש בהכרח בהשוות הקטן לגדול והעבד לבן חורין והחכם לסכל - שאין בכל חטאות האדם יותר גדול מזה. ומי שחיסר איבר יחוסר איבר; "כאשר יתן מום באדם כן ינתן בו". ולא תטריד רעיונך בהיותנו עונשים הנה בממון כי הכונה עתה לתת סיבת הפסוקים ולא סיבת דברי התלמוד. ועם כל זה יש לי במה שאמר בו התלמוד דעת ישמע פנים בפנים.
The punishment of him who sins against his neighbour consists in the general rule that there shall be done unto him exactly as he has done: if he injured any one personally, he must suffer personally; if he damaged the property of his neighbour, he shall be punished by loss of property. But the person whose property has been damaged should be ready to resign his claim totally or partly. Only to the murderer we must not be lenient because of the greatness of his crime; and no ransom must be accepted of him. "And the land cannot be cleansed of the blood that is shed therein but by the blood of him that shed it" (Num. 31:33). Hence even if the murdered person continued to live after the attack for an hour or for days, was able to speak and possessed complete consciousness, and if he himself said, "Pardon my murderer, I have pardoned and forgiven him," he must not be obeyed. We must take life for life, and estimate equally the life of a child and that of a grown-up person, of a slave and of a freeman, of a wise man and of a fool. For there is no greater sin than this. And he who mutilated a limb of his neighbour, must himself lose a limb. "As he hath caused a blemish in a man, so shall it be done to him again" (Lev. 24:20). You must not raise an objection from our practice of imposing a fine in such cases. For we have proposed to ourselves to give here the reason for the precepts mentioned in the Law, and not for that which is stated in the Talmud. I have, however, an explanation for the interpretation given in the Talmud, but it will be communicated vivâ voce. Injuries that cannot be reproduced exactly in another person, are compensated for by payment; "only he shall pay for the loss of his time, and shall cause him to be thoroughly healed" (Exod. 21:19). If any one damaged the property of another, he must lose exactly as much of his own property: "whom the judges shall condemn he shall pay double unto his neighbour" (Exod. 22:8); namely, he restores that which he has taken, and adds just as much [to it] of his own property. It is right that the more frequent transgressions and sins are, and the greater the probability of their being committed, the more severe must their punishment be, in order to deter people from committing them; but sins which are of rare occurrence require a less severe punishment. For this reason one who stole a sheep had to pay twice as much as for other goods, i.e., four times the value of the stolen object: but this is only the case when he has disposed of it by sale or slaughter (Exod. 21:37). As a rule, the sheep remained always in the fields, and could therefore not be watched so carefully as things kept in town. The thief of a sheep used therefore to sell it quickly before the theft became known, or to slaughter it and thereby change its appearance. As such theft happened frequently, the punishment was severe. The compensation for a stolen ox is still greater by one-fourth, because the theft is easily carried out. The sheep keep together when they feed, and can be watched by the shepherd, so that theft when it is committed can only take place by night. But oxen when feeding are very widely scattered, as is also mentioned in the Nabatean Agriculture, and a shepherd cannot watch them properly; theft of oxen is therefore a more frequent occurrence.
(א)עין תחת עין. פי' שהיה ראוי לעור עינו רק מפני שאי אפשר לכוין שיהיה נזק שניהם שוה יתן דמי עין...