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Exodus 21 sets the penalty for injury as eye for eye and tooth for tooth. The Aramaic translation in Targum Onkelos translates it literally, unusual for a translation that elsewhere reinforces Rabbinic rulings, which interpret the penalty as a payment.
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2500 BCE
1000+ CE
Exodus 21:24
Hebrew Bible
22 “If men fight and hit a pregnant woman and her child is born prematurely, but there is no serious injury, the one who hit her will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. 23 But if there is serious injury, then you will give a life for a life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
Date: 750–400 BCE (based on scholarly estimates)
Onkelos Exodus 21:24
Targum
22 If men who are fighting strike a pregnant woman so that she miscarries, but she does not die, he shall surely be fined, as the woman's husband may impose on him, and he shall pay according to the decision of the judges. 23 But if death results, you shall give 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.
Date: 50–500 CE (based on scholarly estimates)
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Notes and References
“... LIFE FOR LIFE. There is a division of opinion in the Babylonian Talmud (Bava Kamma 83a-b) as to whether the death penalty is imposed if the woman died. On the one hand, there was no thought of murdering her. On the other hand, there was an intent to kill if necessary, so it is a case of ‘he intended to murder one person, but murdered another.’ The halakhah is that this is not considered murder. By rendering the phrase literally, the Targum is contrary to the halakhah. 24. EYE FOR EYE. This verse and the next contain the laws of retribution called lex talionis. Although there are opinions that the Bible is to be understood literally, the preponderant view, and the accepted one, is that ‘monetary retribution’ is meant. There is absolutely no record that the court ever meted out any punishment in civil litigation other than monetary damages. The phrase ‘eye for eye’ was meant to convey the idea that the payment awarded must be exactly and precisely determined. ...”
Israel Drazin and Stanley M. Wagner, Onkelos on the Torah, Exodus: Understanding the Bible Text (Jerusalem: Gefen, 2006), 139.
* The use of references are not endorsements of their contents. Please read the entirety of the provided reference(s) to understand the author's full intentions regarding the use of these texts.
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