Skip to main content

Monetary Compensation for an Eye - Parashat Emor 5778 - May 5, 2018


This week’s parasha, Emor, presents the well-known and oft-quoted dictum, ayin tachat ayin, an eye in place of an eye. Taken in isolation, the literal meaning of this phrase is clear – the punishment for poking out another’s eye is the loss of the perpetrator’s eye. We all know, however, that our mesorah teaches that the punishment for poking out another’s eye is monetary payment for the loss. The Rambam writes that in the history of the Jewish People there has never been an authorized Jewish court that has poked out a perpetrator’s eye for damaging another’s eye.

While this interpretation of 
ayin tachat ayin is uniformly accepted, our chachamim struggle with the question of why the Torah writes “an eye in place of an eye”, if, in fact, the Torah intends monetary payment. One suggestion offered in the gemara in Masechet Bava Kamma is that, when interpreted literally, an “eye for an eye” would lead to inequity in punishments – perpetrators with two healthy eyes will lose an eye but blind people will suffer no punishment. Based on the Torah principle that there is “one law for the Jewish People”, the only punishment that could be enforced equitably is monetary compensation to the victim.

Rav Mordechai Breuer offers a compelling explanation as to why 
ayin tachat ayin – an eye for an eye – is appropriately monetary compensation. Hashem reveals, through His Torah, a system of law and a guide for personal perfection. Let us consider the appropriate punishment for poking out someone’s eye from these two frameworks.
Imagine that Reuven pokes out Shimon’s eye. From a strictly legal perspective, Reuven is obligated to monetarily compensate Shimon for the loss of his eye. However, there is another perspective to consider – Reuven acted improperly when he poked out Shimon’s eye, even if it was only an accident. From this perspective of personal perfection, Reuven deserves a punishment which fits his crime – a punishment which will educate him about the severity and impact of his misdeed. From this perspective, Reuven should lose the use of his own eye. By losing his eye, he will truly understand his error.

Rav Breuer suggests that these two perspectives represent the tension between the words of the verse –
ayin tachat ayin – and the interpretation of our mesorah – monetary compensation in place of an eye. The Written Torah focuses on the most appropriate consequence from the perspective of the perpetrator – suffering the loss of an eye. However, the Oral Torah – the mesorah – teaches that monetary compensation in place of an eye is, in fact, the law – the victim must be made as whole as possible. Rav Breuer explains that the respective consequences taught by the Written and Oral Torah reflect two frameworks – punishment for the perpetrator and compensation for the victim.

Based on this analysis, Rav Breuer explains why monetary compensation is, in fact, the law. Poking out the perpetrator’s eye only accomplishes the goal of teaching him the consequence of his action. Monetary compensation, in comparison, meets the goals of
both punishment for the perpetrator and compensation for the victim. Money offers the victim, Shimon, the best compensation possible. Furthermore, money additionally serves the aim of punishing Reuven. While monetary compensation is not exact, it is superior to poking out the perpetrator’s eye because the victim is compensated to a degree and the perpetrator is punished to a degree. The Torah’s two aims of creating a legal system and supporting personal perfection are both accomplished. Hence, the halacha is compensation.
(This is an edited version of an article previously published in this newsletter)


Comments

Popular posts from this blog

Learning Today, Leading Tomorrow - Rabbi Owen's Operational Dinner Remarks - Monday, September 17, 2018

You may have noticed that we have two new huge street-side banners on White Station Road. One of them says, “Learning Today, Leading Tomorrow”. What do we mean by this? How does learning prepare for leading? The distinctiveness and difference of the Jewish People is a theme that appears regularly and intensely throughout the Yom Kippur prayers. On Yom Kippur afternoon, we read the section of the Torah dealing with immorality. The Torah says, “Do not act in the ways of the land of Egypt in which you lived; and do not act in the ways of the land of Cana’an to which I, Hashem, am taking you – and do not follow their customs. Follow My laws and guard My customs to walk in these ways – I am Hashem your G-d.” The Torah is teaching that Egypt and Cana’an represent spiritually harmful elements of each culture in which the Jewish People will find themselves over the centuries and instructs us to separate from the temptation to assimilate these ideas. The Jewish People dwell alone. Hashe...

Honor and Glory - Parashat Termuah 5780, February 28, 2020

This week’s  parasha , Termuah, and next week’s parasha , Tetzave, introduce Hashem’s command regarding the plans for the  mishkan  and its vessels – including the clothing worn by the  kohanim . One of the vessels that Hashem commands to be built is the  menorah  – the candelabra. The description of the plans for the menorah are described in Parashat Terumah and the description of its service is described in Parashat Tetzave. In Parashat Tetzave, the Torah says, “and they will take for you pure olive oil pressed to be lit to raise an everlasting candle.” Each evening the  kohanim  were obligated to light the candelabra with enough oil to last the night. In the morning, the  kohanim  were obligated to fix and relight the  menorah , as necessary, thus ensuring that the candelabra would constantly be lit. The Rambam – Maimonides – explains, based on a later verse, that the  mitzvah  to light the candelabra in the mishk...

Building Appropriate Fences - Parashat Ki Seitzei 5778, August 24, 2018

Among the many mitzvot described in this week’s parasha , Parashat Ki Tetze, is the law of the ma’ake – a fence. “When you build a new house, you shall make a guard rail for your roof, so that you shall not cause blood to be spilled in your house, that the one who falls should fall from it.” In this verse, the Torah commands us to build a fence around any exposed high area, such as a flat roof or deck, that is commonly used by human beings. Viewing this law as a positive commandment, the Rambam teaches that one must make a blessing when constructing a ma’ake . The law of the ma’ake is one of many Torah laws that teach us to protect human life. Positive commandments such as ve’nishmartem me’od et nafshotechem (and you shall greatly guard your physical life) and ve’rapo yerape (and you shall surely heal) reveal the Torah’s appreciation of man’s vulnerability and the lengths that we must go to foster human safety. Rabbi Joseph B. Soloveitchik extends this concept of bui...