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Why does the Torah (תורה) command "an eye for an eye" if it means monetary payment? The shiur develops a fundamental distinction: property damage can be restored through payment (shalem), but personal injury cannot—money never replaces a limb. Therefore, the Torah frames personal injury as a criminal act deserving punishment, not a civil matter deserving compensation. This distinction preserves moral deterrence and prevents the dangerous illusion that harm can be "paid off."
This shiur presents a foundational analysis of the Torah (תורה)'s approach to personal injury law, contrasting it sharply with modern secular legal theory. Rabbi Zweig begins by examining Parshas Mishpatim's unusual terminology: when men fight and injure a pregnant woman causing miscarriage, the Torah says "anoshei onesh"—he shall be punished—rather than the expected "yeshalem"—he shall pay. Similarly, the famous formulation "ayin tachas ayin, shen tachas shen"—an eye for an eye, a tooth for a tooth—seems an inappropriate way to express monetary compensation. The Talmud (תלמוד) establishes definitively that these verses mandate monetary payment, not physical retaliation. The proof: taking out someone's eye could endanger his life, making the punishment potentially greater than the crime. Yet the Gemara (גמרא) shows no "visceral reaction" against the literal interpretation as barbaric—it simply proves it means money through technical analysis. This reveals that the Sages understood something deeper about the verse's formulation.
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Mishpatim 21:22-25
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What is the primary purpose of the cities of refuge - protecting the accidental killer or something else? The shiur argues that creating respect for law takes precedence over providing sanctuary. True deterrence comes from recognizing the gravity of murder itself, not fear of punishment.
