Lex Talionis and the Rabbis - The BAS Library
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Home > Magazines > Bible Review > April 1996

Lex Talionis and the Rabbis

The Talmud reflects an uneasy rabbinic conscience toward the ancient law of talion, “eye for eye, tooth for tooth.”

By Jacob Milgrom

The rabbis unanimously declare that all injuries (but not death) inflicted on persons are subject to compensation. How then do they grapple with the law of talion in Leviticus 24:17–20: “If anyone kills any human being, he shall be put to death. One who kills a beast shall make restitution for it: life for life. If anyone maims his fellow, as he has done so shall it be done to him: fracture for fracture, eye for eye, tooth for tooth. The injury he inflicted on another shall be inflicted on him.” Discussions in the Talmud reflect a troubled rabbinic […]

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Endnotes

1.

Babylonian Talmud, Baba Qama 83b.

2.

Babylonian Talmud, Sota 16a.

3.

Babylonian Talmud, Sota 16a., cf. Jerusalem Talmud, Qiddushin 1:2, 59a.

4.

Babylonian Talmud, Baba Qama 84a.

5.

Cited in S. Cohen, ed. Pe’er Hador, vol. 3 (Hebrew).

6.

Mishna, Baba Qama 8:1.