As Heard from Rabbi Avigdor Miller ZT”L

“An eye for an eye, a tooth for a tooth.” (21:24)

This is the expression by Hashem of the guilt of the assailant. Although it actually means “the payment of an eye (in money) for an eye” yet this stern expression teaches that Hashem considers the assailant deserving of losing an eye, unless he makes proper atonement which includes payment.

The proof that “an eye for an eye” means money-payment is demonstrated by the previous verses: “And when men quarrel and one smites his fellowman…he must give (payment for) his idleness and he must heal him.” (21:18-19) But our verse here states “a wound for a wound;” therefore we understand that the intention is “payment of money of a wound for a wound.” In order to know that the payment is not the full atonement it is said “a wound for a wound” unless the proper atonement is made by seeking the fellowman’s forgiveness and by repentance toward Hashem.

Because “An eye for an eye” really means that the smiter deserves to lose his eye; therefore the money-payment is a form of redemption for his eye. (see 21:30) In view of the fact that even when done without intention the smiter must pay (Baba Kama 26B) we learn that even unintentional injury or damage to property must be considered as liable to retribution, unless redeemed by the money-payment and atonement.

In view of the unanimity of all the Sages that “an eye for an eye” means a money-payment, it seems incongruous that the Torah should conceal this fact and leave it entirely for the Oral Torah to explain. But we can perceive from the insistence upon the expressions “an eye for an eye” and “a tooth for a tooth” and similar statements, (21:24-25) that the Torah thereby emphasizes the severity of the guilt of such a misdeed. Even though the money-payment is intended, yet the smiter is held guilty for the injury which he caused.

And therefore the money-payment is left for the Oral Torah to explain, whereas the real guilt is set forth in the Written Torah. The payment must be made, but in addition the assaulter must request forgiveness from the victim, and he must seek atonement from Hashem.

Quoted from “A Nation Is Born” by Rabbi Avigdor Miller ZT”L

Shabbat Shalom

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