Exodus 21:25

25. wound] Gen_4:23 c (lit. for my wound). Isa_1:6.

stripe] Gen_4:23 d (lit. for my stripe), Isa_1:6 [EVV. bruises], Isa_53:5.

The talio is a principle of punishment which was anciently, and still is, current widely in the world: Kn. quotes examples from the Thurians and Locrians (an eye for an eye), the Indians (Strabo, p. 710) the XII. Tables (‘si membrum rupit, ni cum eo pacit, talio esto’): Rhadamanthys was said to have declared that it was a just punishment when a man suffered what he had done (Arist. Eth. N. v. 8. 3); and there are several cases in the code of Hạmmurabi, §§ 116, 196, 197, 200, 210, 219, 229, 235, 263, &c.: see Cook, p. 249). For numerous instances is modern times, see A. H. Post, Grundriss der ethnol. Jurisprudenz (1894–5), ii. 238 ff.

The Cambridge Bible for Schools and Colleges (gen. ed. J. J. S. Perowne; Cambridge University Press, 1878–1918) — public domain. Text from a community e-Sword module.

Burning for burning, wound for wound, stripe for stripe. This is to be understood of burning a man's flesh with fire; of wounds made by any means, so that the blood is let out; and of blows, and the prints and marks of them; of stripes and weals where the blood is settled, and the part is turned black and blue: the Targum of Jonathan is, the price of the pain of burning for burning, &c. and indeed, in everyone of these cases, the law could not be well literally executed; for it would be very difficult to burn and wound and mangle a man exactly as he had done another: and as Favorinus (h) objects against the law of the twelve tables of the Romans concerning retaliation, how can a man make a wound in another exactly as long, and as broad, and as deep as that he has given? nor would he suffer a larger to be made, as it was not just it should; and to which may be added, that all constitutions are not alike, and burning and wounding and striping, especially in some parts, might prove mortal, and the person might die thereby; to them the law of retaliation would not be observed, the punishment would be exceeded; and it is much more agreeable to justice and equity that it should be lessened rather than increased; and it may be observed, the law of the twelve tables with the Romans, concerning maiming of members, only took place when the parties could not come to an agreement; and with respect to the Jewish law, Josephus (i) himself says, that the man that has his eye put out may receive money for it, if he is willing, which the law allows of.

(h) A. Gell. Noct. Attic. l. 20. c. 1. (i) Ut supra. (Antiqu. l. 4. c. 33, 35.)

John Gill's Exposition of the Whole Bible (1746–1763) — public domain (CC PDM 1.0). Text via the HelloAO Bible API.

כויה תחת כויה BURNING FOR BURNING — כויה is a burn produced by fire. Up to here (i.e. v. 24) Scripture has spoken of a bodily injury that is attended by a decrease of the market-value of the person injured; here, however, it speaks of a case in which there is no decrease of value but pain alone: if, for instance, a man burns another on his nails with a hot spit, we estimate how much a person like him (the injured) would be willing to accept for undergoing a pain like this, and such an amount the other has to pay as indemnity (Bava Kamma 84b).

פצע is an injury which draws blood — the accused having crushed the other’s flesh; navrure in old French In such a case it all depends upon what happens: if any decrease in his market-value is caused the other pays him an indemnity (נזק); if he is confined to his bed, he has to pay for loss of time, for medical treatment, for the shame he feels at being somewhat disfigured and for the pain he has been made to suffer. This passage, (פצע תחת פצע), is apparently redundant, but our Rabbis explained in the chapter beginning with the word החובל (Bava Kamma 85b) that Scripture intends by this statement to make one liable to pay for pain inflicted even in a case when one has already paid damages (נזק) for decrease in one’s value — that although he has paid him the value of his hand, we do not exempt him from paying also for pain inflicted, arguing thus: Since he has, so to say, purchased his hand by paying its value, he was entitled to cut if off by whatever means he pleases; but we say that he ought to have removed it by means of a poisonous drug when he would not have suffered so much pain. He, however, cut if off by means of an iron instrument and caused him great pain; therefore he is bound to pay for pain inflicted also.

חבורה is a wound in which the blood is congealed but does not come out, only that the flesh on that spot becomes red. The word חבורה means tache in old French Similar is, (Jeremiah 13:23) “[Can an Ethiopian change his skin] or the leopard his spots (חברברתיו)”. The Targum renders it (חבורה) by משקופי, an expression denoting “beating”, batture in old French Similarly it translates (Genesis 41:6) שדופות קדים, “blasted with the east”, by שקיפן קדום, “beaten by the east wind”. So, too, the lintel it termed “משקוף” (from the root שקף “to beat upon”), as, e. g., in the expression על המשקוף, because the door beats against it.

Rashi on the Tanakh — English translations: “The Judaica Press complete Tanach with Rashi, translated by A. J. Rosenberg” (CC BY 4.0); “Pentateuch with Rashi's commentary by M. Rosenbaum and A.M. Silbermann, 1929-1934” (public domain); “The Metsudah Tanach series, Lakewood, N.J” (CC BY 4.0); and “The Book of Joshua, Metsudah Publications, 1997” (CC BY 4.0). Text via Sefaria.