Eye for an Eye

Q: Do Jews believe in an “eye for an eye?”

A: The ancient Hebrew law of Lex Talionis  is often misunderstood.  Some have even misused this statement citing the cruelty of the Jew.

It has always been recognized that the Torah speaks in terse language. The task of the scholar and the rabbi is to just leave interpret the Holy Writ in accordance with its context and taking into consideration hermeneutic principles.

Judaism declares that an individual must not suffer greater affliction than that which he caused. That is, the aggrieved must not exact retribution greater than the loss. Further, the law goes on to distinguish between accidental harm and intentional harm.

The Talmud further elucidates the principle of lex talionis by refining its meaning and importance. According to the Sages, when a grievous act is committed resulting in bodily harm, e.g. “an eye for an eye” meant the cost of an eye. Total or partial loss of a limb would be assessed by: 1) How much time will be lost at work, 2) physical pain, 3) mental anguish at the disability, and 4) medical expenses incurred.