62-527: The Latin phrase Lex talionis refers to the legal principle of exact retaliation. It is a principle developed in early Mesopotamian law and is also present in the Bible as "an eye for an eye". It may also refer to: Law Arts An eye for an eye " An eye for an eye " ( Biblical Hebrew : עַיִן תַּחַת עַיִן , ʿayīn taḥaṯ ʿayīn ) is a commandment found in the Book of Exodus 21:23–27 expressing
124-406: A common name for Tinea pedis (athlete's foot) was Cantlie's foot tetter. In addition, verses 18–23 describe infections after scald , and verses 24–28 describe infections after burn . Through sacrifice, the priest "makes atonement" for sin and the offeror receives forgiveness (but only if Yahweh accepts the sacrifice). Atonement rituals involve the pouring or sprinkling of blood as the symbol of
186-501: A less well-established system for retribution of wrongs, feuds and vendettas , threatened the social fabric. Despite having been replaced with newer modes of legal theory, lex talionis systems served a critical purpose in the development of social systems—the establishment of a body whose purpose was to enact the retaliation and ensure that this was the only punishment. This body was the state in one of its earliest forms. The principle can be found in earlier Mesopotamian law codes such as
248-414: A man in potentially lethal manner. This verse teaches that, although one must intervene to save the victim, one may not kill a lethal attacker if it is possible to neutralize that attacker through non-lethal injury. Regardless, there is no verse that even appears to mandate injury to the eye, tooth, or foot. Numbers 35:9–30 discusses the only form of remotely reciprocal justice not carried out directly by
310-539: A more aggadic one ( Vayikra Rabbah ). The New Testament , particularly the Epistle to the Hebrews , uses ideas and images from Leviticus to describe Jesus as the high priest who offers his own blood as a sin offering . Therefore, Christians do not make animal offerings either, because as Gordon Wenham summarized: "With the death of Christ the only sufficient 'burnt offering' was offered once and for all, and therefore
372-451: A prohibition on all ritual slaughter of animals, and then prohibits a long list of sexual contacts and also child sacrifice. The "holiness" injunctions which give the code its name begin with the next section: there are penalties for the worship of Molech , consulting mediums and wizards, cursing one's parents and engaging in unlawful sex. Priests receive instruction on mourning rituals and acceptable bodily defects. The punishment for blasphemy
434-532: A remnant of struggles between different priestly factions in First Temple times, finding resolution by the Second Temple into a hierarchy of Aaronite altar-priests and lower-level Levites, including singers, gatekeepers and the like.) In chapter 10, God kills Nadab and Abihu , the oldest sons of Aaron, for offering "strange incense". Aaron has two sons left. Commentators have read various messages in
496-551: A result, Israel had to maintain its own holiness in order to live safely alongside God. The need for holiness is for the possession of the Promised Land ( Canaan ), where the Jews will become a holy people: "You shall not do as they do in the land of Egypt where you dwelt, and you shall not do as they do in the land of Canaan to which I am bringing you [...] You shall do my ordinances and keep my statutes [...] I am
558-845: A slightly different phrase ( עַיִן בְּעַיִן שֵׁן בְּשֵׁן , literally 'eye for an eye; tooth for a tooth' ...) is used in another passage (Deuteronomy) in the context of possible reciprocal court sentences for failed false witnesses. The "only one eye for one eye" was to restrict compensation to the value of the loss. The English translation of a passage in Leviticus states, "And a man who injures his countryman – as he has done, so it shall be done to him [namely,] fracture under/for fracture, eye under/for eye, tooth under/for tooth. Just as another person has received injury from him, so it will be given to him." (Lev. 24:19–21). For an example of תחת being used in its regular sense of 'under', see Lev. 22:27 "A bull, sheep or goat, when it
620-579: A substitute for vengeance. In cases of assault, fixed penalties were set for various injuries, although talio was still permitted if one person broke another's limb. The Quran ( Q5:45 ) mentions the "eye for an eye" concept as being ordained for the Children of Israel . The principle of Lex talionis in Islam is Qiṣāṣ (Arabic: قصاص) as mentioned in Qur'an , 2:178 : "O you who have believed, prescribed for you
682-501: Is born shall remain under its mother, and from the eighth day..." An English translation of Exodus 21:22-24 states: "If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine. And if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." Isaac Kalimi said that
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#1732775504369744-461: Is death, and there is the setting of rules for eating sacrifices; there is an explanation of the calendar, and there are rules for sabbatical and Jubilee years; there are rules for oil lamps and bread in the sanctuary; and there are rules for slavery . The code ends by telling the Israelites they must choose between the law and prosperity on the one hand, or, on the other, horrible punishments,
806-467: Is legal retribution ( Qisas ) for those murdered – the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment." Muslim countries that use Islamic Sharia law, such as Iran or Saudi Arabia, apply
868-485: Is not taking a series of actions for their own sake, but a means of maintaining the relationship between God, the world, and humankind. The main function of the priests is service at the altar, and only the sons of Aaron are priests in the full sense. (Ezekiel also distinguishes between altar-priests and lower Levites, but in Ezekiel the altar-priests are sons of Zadok instead of sons of Aaron; many scholars see this as
930-431: Is the "eye for an eye" principle. In that case, the rule was that punishment must be exactly equal to the crime. In the legal Code of Hammurabi , the principle of exact reciprocity is very clearly used. For example, if a person caused the death of another person, the killer would be put to death . Various ideas regarding the origins of this law exist, but a common one is that it developed as early civilizations grew and
992-732: Is the third book of the Torah (the Pentateuch) and of the Old Testament , also known as the Third Book of Moses . Many hypotheses presented by scholars as to its origins agree that it developed over a long period of time, reaching its present form during the Persian Period , from 538 to 332 BC, although this is disputed. Most of its chapters (1–7, 11–27) consist of God 's speeches to Moses , which he tells Moses to repeat to
1054-647: Is to underline the character of altar priesthood (i.e., those priests with power to offer sacrifices to God) as an Aaronite privilege, and the responsibilities and dangers of their position. With sacrifice and priesthood established, chapters 11–15 instruct the lay people on purity (or cleanliness). Eating certain animals produces uncleanliness, as does giving birth ; certain skin diseases (but not all) are unclean, as are certain conditions affecting walls and clothing ( mildew and similar conditions); and unusual bodily discharges, including female menses and male emissions ( gonorrhea ), are unclean. The reasoning behind
1116-511: Is translated as ' tetter ' or ' freckles ', likely because translators did not know what it meant at the time, and thus, translated it incorrectly. Later translations identify it as talking about vitiligo ; however, vitiligo is not an infectious disease. The disease, described as healing itself and leaving white patches after infection, is likely to be pityriasis versicolor (tinea versicolor). Tetter originally referred to an outbreak, which later evolved meaning ringworm-like lesions. Therefore,
1178-485: The Code of Hammurabi , the concept of reciprocal justice seemingly applies to social equals; the statement of reciprocal justice "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe" is followed by an example of a different law: if a slave-owner blinds the eye or knocks out the tooth of a slave, the slave is freed but the owner pays no other consequence. On
1240-545: The Codes of Ur-Nammu of Ur and Lipit-Ištar of Isín. The principle is found in Babylonian Law . If it is surmised that in societies not bound by the rule of law, if a person was hurt, then the injured person (or their relative) would take vengeful retribution on the person who caused the injury. The retribution might be worse than the crime, perhaps even death. Babylonian law put a limit on such actions, restricting
1302-518: The Union of Orthodox Congregations . However, the Torah also discusses a form of direct reciprocal justice, where the phrase ayin tachat ayin makes another appearance. Here, the Torah discusses false witnesses who conspire to testify against another person. The Torah requires the court to "do to him as he had conspired to do to his brother". Assuming the fulfillment of certain technical criteria (such as
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#17327755043691364-478: The "eye for an eye" rule literally. In the Torah We prescribed for them a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, an equal wound for a wound: if anyone forgoes this out of charity, it will serve as atonement for his bad deeds. Those who do not judge according to what God has revealed are doing grave wrong. In 2017, an Iranian woman wounded in an acid attack
1426-487: The "redeemer of blood", as an accessory of the court, may kill the guilty party. According to traditional Jewish Law, application of these laws requires the presence and maintenance of the biblically designated cities of refuge, as well as a conviction in an eligible court of 23 judges as delineated by the Torah and Talmud. The latter condition is also applicable for any capital punishment. These circumstances have not existed for approximately 2,000 years. The Talmud discusses
1488-664: The 1st century AD, following the destruction of the Second Temple in Jerusalem in 70 AD. As there was no longer a Temple at which to offer animal sacrifices, Judaism pivoted towards prayer and the study of the Torah, eventually giving rise to Rabbinic Judaism . Nevertheless, Leviticus constitutes a major source of Jewish law and is traditionally the first book children learn in the Rabbinic system of education. There are two main Midrashim on Leviticus—the halakhic one (Sifra) and
1550-486: The Hebrew Bible in various languages have never reached a consensus on these infectious diseases, or tzaraath ( צרעת ), and the translation and interpretation of the scriptures are not known for certain. The most common translation is that these infectious diseases are leprosy ; however, what is described in chapter 13 does not represent a typical manifestation of leprosy. Modern dermatology shows that many of
1612-521: The Hebrews rejected this law; the Hebrew Bible allows for kofer (a monetary payment) to take the place of a bodily punishment for any crime except murder. It is not specified whether the victim, accused, or judge had the authority to choose kofer in place of bodily punishment. The idiomatic biblical phrase Hebrew : עין תחת עין , romanized : ayin tachat ayin in Exodus and Leviticus literally means 'one eye under/(in place of) one eye' while
1674-713: The Holiness authors as editors who worked with the Priestly code and actually produced Leviticus as is now extant. Many scholars argue that the rituals of Leviticus have a theological meaning concerning Israel's relationship with its God. Jacob Milgrom was especially influential in spreading this view. He maintained that the priestly regulations in Leviticus expressed a rational system of theological thought. The writers expected them to be put into practice in Israel's temple, so
1736-573: The Israelites. This takes place within the story of the Israelites' Exodus after they escaped Egypt and reached Mount Sinai (Exodus 19:1). The Book of Exodus narrates how Moses led the Israelites in building the Tabernacle (Exodus 35–40) with God's instructions (Exodus 25–31). In Leviticus, God tells the Israelites and their priests, Aaron and his sons, how to make offerings in the Tabernacle and how to conduct themselves while camped around
1798-526: The Latin Leviticus , which is in turn from the Ancient Greek : Λευιτικόν ( Leuitikon ), referring to the priestly tribe of the Israelites, ' Levi '. The Greek expression is in turn a variant of the rabbinic Hebrew torat kohanim , 'law of priests', as many of its laws relate to priests. In Hebrew the book is called Vayikra ( Hebrew : וַיִּקְרָא ), from the opening of
1860-485: The Lord your God am holy." Holiness in ancient Israel and the Hebrew Bible had a different meaning than in contemporary usage: it might have been regarded as the essence of Yahweh, an invisible but physical and potentially dangerous force. Specific objects, or even days, can be holy, but they derive holiness from being connected with Yahweh—the seventh day, the tabernacle, and the priests all derive their holiness from him. As
1922-687: The Lord, your God." (Leviticus 18:3). Leviticus, as part of the Torah, became the law book of Jerusalem's Second Temple as well as of the Samaritan temple. Its influence is evident among the Dead Sea Scrolls , which included fragments of seventeen manuscripts of Leviticus dating from the 3rd to the 1st centuries BC. Many other Qumran scrolls cite the book, especially the Temple Scroll and 4QMMT . Jews and Christians have not observed Leviticus's instructions for animal offerings since
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1984-461: The Torah that calls for the maiming of an offender (punitary amputation) there is no case where a conspiratorial false witness could possibly be punished by the court injuring to his eye, tooth, hand, or foot. There is one case where the Torah states "…and you shall cut off her hand…" The sages of the Talmud understood the literal meaning of this verse as referring to a case where the woman is attacking
2046-528: The animal sacrifices which foreshadowed Christ's sacrifice were made obsolete." Christians generally have the view that the New Covenant supersedes the Old Testament's ritual laws , which includes some of the rules in Leviticus. Christians, therefore, do not usually follow Leviticus' rules regarding diet purity, and agriculture. Christian teachings have differed, however, as to where to draw
2108-455: The biblical verses, that the Bible mandates a sophisticated five-part monetary form of compensation, consisting of payment for "Damages, Pain, Medical Expenses, Incapacitation, and Mental Anguish" — which underlies many modern legal codes. Some rabbinic literature explains, moreover, that the expression, "An eye for an eye, etc." suggests that the perpetrator deserves to lose his own eye, but that biblical law treats him leniently. − Paraphrased from
2170-413: The book , va-yikra "And He [ God ] called." The outlines from commentaries are similar, though not identical; compare those of Wenham, Hartley, Milgrom, and Watts. Chapters 1–5 describe the various sacrifices from the sacrificers' point of view, although the priests are essential for handling the blood. Chapters 6–7 go over much the same ground, but from the point of view of the priest, who, as
2232-547: The book of Leviticus is Priestly literature. Most scholars see chapters 1–16 (the Priestly code ) and chapters 17–26 (the Holiness code ) as the work of two related schools, but while the Holiness material employs the same technical terms as the Priestly code, it broadens their meaning from pure ritual to the theological and moral, turning the ritual of the Priestly code into a model for the relationship of Israel to Yahweh: as
2294-435: The community. Uncleanliness threatens holiness; chapters 11–15 review the various causes of uncleanliness and describe the rituals which will restore cleanliness; one is to maintain cleanliness through observation of the rules on sexual behaviour, family relations, land ownership, worship, sacrifice, and observance of holy days. Yahweh dwells with Israel in the Tabernacle . All of the priestly ritual focuses on Yahweh and
2356-561: The concept of justice as measure-for-measure retribution ( middah k'neged middah ) in the context of divinely implemented justice. Regarding reciprocal justice by court, however, the Torah states that punishments serve to remove dangerous elements from society ("…and you shall eliminate the evil from your midst" ) and to deter potential criminals from violating the law ("And the rest shall hear and be daunted, and they shall no longer commit anything like this evil deed in your midst" ). Additionally, reciprocal justice in tort cases serves to compensate
2418-487: The construction and maintenance of a holy space, but sin generates impurity, as do everyday events such as childbirth and menstruation ; impurity pollutes the holy dwelling place. Failure to purify the sacred space ritually could result in God's leaving, which would be disastrous. In chapter 13, God instructs Moses and Aaron on how to identify infectious diseases and deal with them accordingly. The translators and interpreters of
2480-413: The court, where, under very limited circumstances, someone found guilty of negligent manslaughter may be killed by a relative of the deceased who takes on the role of "redeemer of blood". In such cases, the court requires the guilty party to flee to a designated city of refuge. While the guilty party is there, the "redeemer of blood" may not kill him. If, however, the guilty party illegally forgoes his exile,
2542-518: The food rules are obscure; for the rest the guiding principle seems to be that all these conditions involve a loss of "life force", usually but not always blood. Chapter 16 concerns the Day of Atonement (though that phrase appears first in 23:27). This is the only day on which the High Priest is to enter the holiest part of the sanctuary, the holy of holies . He is to sacrifice a bull for the sins of
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2604-515: The holy tent sanctuary. Leviticus takes place during the month or month-and-a-half between the completion of the Tabernacle (Exodus 40:17) and the Israelites' departure from Sinai (Numbers 1:1, 10:11). The instructions of Leviticus emphasize ritual, legal, and moral practices rather than beliefs. Nevertheless, they reflect the world view of the creation story in Genesis 1 that God wishes to live with humans. The book teaches that faithful performance of
2666-516: The incident: a reflection of struggles between priestly factions in the post-Exilic period (Gerstenberger); or a warning against offering incense outside the Temple, where there might be the risk of invoking strange gods (Milgrom). In any case, there has been a pollution of the sanctuary by the bodies of the two dead priests, leading into the next theme, holiness. Ritual purity is essential for an Israelite to be able to approach Yahweh and remain part of
2728-468: The infectious diseases in chapter 13 were likely dermatophytoses , a group of highly contagious skin diseases. The infectious disease of the chin described in verses 29–37 seems to be Tinea barbae in men or Tinea faciei in women; the infectious disease described in verses 29–37 (as resulting in hair loss and eventual baldness) seems to be Tinea capitis ( Favus ). Verses 1–17 seem to describe Tinea corporis . The Hebrew word bohaq in verses 38–39
2790-534: The injured party. In softer interpretations, it means the victim receives the [estimated] value of the injury in compensation. The intent behind the principle was to restrict compensation to the value of the loss. The term lex talionis does not always and only refer to literal eye-for-an-eye codes of justice (see rather mirror punishment ) but applies to the broader class of legal systems that specifically formulate penalties for specific crimes, which are thought to be fitting in their severity. Some propose that this
2852-603: The lex talionis was "humanized" by the Rabbis who interpreted "an eye for an eye" to mean reasonable pecuniary compensation. As in the case of the Babylonian lex talionis , ethical Judaism and humane Jewish jurisprudence replaces the peshat (literal meaning) of the written Torah. Pasachoff and Littman point to the reinterpretation of the lex talionis as an example of the ability of Pharisaic Judaism to "adapt to changing social and intellectual ideas." The Talmud interprets
2914-401: The life of the victim: the blood has the power to wipe out or absorb the sin. The two-part division of the book structurally reflects the role of atonement: chapters 1–16 call for the establishment of the institution for atonement, and chapters 17–27 call for the life of the atoned community in holiness. The consistent theme of chapters 17–26 is in the repetition of the phrase, "Be holy, for I
2976-442: The one actually carrying out the sacrifice and dividing the "portions", needs to know how to do it. Sacrifices are between God, the priest, and the offers, although in some cases the entire sacrifice is a single portion to God—i.e., burnt to ashes. Chapters 8–10 describe how Moses consecrates Aaron and his sons as the first priests, the first sacrifices, and God's destruction of two of Aaron's sons for ritual offenses. The purpose
3038-408: The other hand, the slave would probably be put to death for the injury of the eye of the slave-owner. However the reciprocal justice applies across social boundaries: the "eye for eye" principle is directly followed by the proclamation "You are to have one law for the alien and the citizen." This shows a much more meaningful principle for social justice, in that the marginalized in society were given
3100-472: The priests, and a goat for the sins of the laypeople. The priest is to send a second goat into the desert to " Azazel ", bearing the sins of the whole people. Azazel's identity is unknown, with some Christian tradition linking him to a fallen angel, older English Bible translations like the King James Version translating it as "a scapegoat". Chapters 17–26 are the Holiness code . It begins with
3162-418: The principle of reciprocal justice measure for measure. The earliest known use of the principle appears in the Code of Hammurabi , which predates the writing of the Hebrew Bible but not necessarily oral traditions. The law of exact retaliation ( Latin : lex talionis ), or reciprocal justice , bears the same principle that a person who has injured another person is to be penalized to a similar degree by
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#17327755043693224-437: The retribution to be no worse than the crime, as long as victim and offender occupied the same status in society. As with blasphemy or lèse-majesté (crimes against a god or a monarch), crimes against one's social betters were punished more severely. Anaximander , teacher of Pythagoras : "The grand periodicities of nature are conceived of enacting cycles of retaliatory retribution." Socrates rejected this law. The law of
3286-429: The rituals would express this theology as well, as well as ethical concern for the poor. Milgrom also argued that the book's purity regulations (chapters 11–15) have a basis in ethical thinking. Many other interpreters have followed Milgrom in exploring the theological and ethical implications of Leviticus's regulations (e.g., Marx, Balentine), though some have questioned how systematic they really are. Ritual, therefore,
3348-454: The same rights under the social structure. In this context, the reciprocal justice in an ideal functioning setting, according to Michael Coogan, "to prevent people from taking the law into their own hands and exacting disproportionate vengeance for offenses committed against them." Classical texts advocating the retributive view include Cicero 's De Legibus , written in the 1st century BC. Roman law moved toward monetary compensation as
3410-400: The sanctuary rituals can make that possible, so long as the people avoid sin and impurity whenever possible. The rituals, especially the sin and guilt offerings, provide the means to gain forgiveness for sins (Leviticus 4–5) and purification from impurities (Leviticus 11–16) so that God can continue to live in the Tabernacle in the midst of the people. The English name Leviticus comes from
3472-407: The sentencing of the accused whose punishment was not yet executed), wherever it is possible to punish the conspirators with exactly the same punishment through which they had planned to harm their fellow, the court carries out this direct reciprocal justice (including when the punishment constitutes the death penalty). Otherwise, the offenders receive lashes. Since there is no form of punishment in
3534-466: The tabernacle, which is apart from uncleanliness, becomes holy by the presence of Yahweh, so he will dwell among Israel when Israel receives purification (becomes holy) and separates from other peoples. The ritual instructions in the Priestly code apparently grew from priests giving instruction and answering questions about ritual matters; the Holiness code (or H) used to be a separate document, later becoming part of Leviticus, but it seems better to think of
3596-484: The verses referring to "an eye for an eye" and similar expressions as mandating monetary compensation in tort cases and argues against the interpretations by Sadducees that the Bible verses refer to physical retaliation in kind, using the argument that such an interpretation would be inapplicable to blind or eyeless offenders. Since the Torah requires that penalties be universally applicable, the phrase cannot be interpreted in this manner. The Oral Law explains, based upon
3658-468: The victim (see above). The ideal of vengeance for the sake of assuaging the distress of the victim plays no role in the Torah's conception of court justice, as victims are cautioned against even hating or bearing a grudge against those who have harmed them. The Torah makes no distinction between whether or not the potential object of hatred or a grudge has been brought to justice, and all people are taught to love their fellow Israelites. In Exodus 21, as in
3720-579: The worst of which will be expulsion from the land. Chapter 27 is a disparate and probably late addition telling about persons and things serving as dedication to the Lord and how one can redeem, instead of fulfill, vows. The majority of scholars have concluded that the Pentateuch received its final form during the Persian period (538–332 BC). Nevertheless, Leviticus had a long period of growth before reaching that form. The entire composition of
3782-401: Was at least in part intended to prevent excessive punishment at the hands of either an avenging private party or the state. The most common expression of lex talionis is "an eye for an eye", but other interpretations have been given as well. Legal codes following the principle of lex talionis have one thing in common: prescribed 'fitting' counter punishment for a felony . The simplest example
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#17327755043693844-726: Was given the opportunity to have her attacker blinded with acid per sharia law. The phrase "an eye for an eye makes the (whole) world blind" and other similar phrases has been conveyed by, but not limited to George Perry Graham (1914) on capital punishment debate argument, Louis Fischer (1951) describing philosophy of Mahatma Gandhi , and Martin Luther King Jr. (1958) in the context of racial violence. Leviticus The Book of Leviticus ( / l ɪ ˈ v ɪ t ɪ k ə s / , from Ancient Greek : Λευιτικόν , Leuïtikón ; Biblical Hebrew : וַיִּקְרָא , Wayyīqrāʾ , 'And He called'; Latin : Liber Leviticus )
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