The Hebrew Bible (Old Testament in Christian terminology) is often called a dark and vengeful text. One of the most commonly quoted sentences that ‘proves’ this is the one Rabbi Milder is talking about below, Mishpatim. This is another example how many people read the Torah on the simplest level, Peshat. That is, they read the words like a story without interpretation or study. Think of the Torah as the index of a book, you only learn about the topics covered, not their meaning. Before you decide what any text is teaching you need a teacher or a study partner who help interpret the words as well as challenge *your* ideas. Every synagogue has classes, many have Torah study groups. Non-members are typically welcomed. Make yourself a teacher, find yourself a friend. Pirkei Avot 1:16.
An Eye for a What?
This week’s Torah portion, Mishpatim, includes one of those mostly-misunderstood laws of the Torah:
“…eye for eye, tooth for tooth…” (Ex 21:24).
The first thing that must be said is that the Torah does not mean to prescribe a form of punishment. Nobody’s eye or tooth is ever knocked out in the Bible.
What the Torah does mean to assert is that there is equality under the law. Regardless of status, whether owner or slave, native for foreign-born, all are subject to the same treatment under the law.
The Torah is also asserting that punishment needs to be proportionate to the crime.
That doesn’t mean making someone lose an eye. It means compensation to the victim in proportion to their loss.
The rabbis reaffirm this teaching: in all cases other than intentional homicide, monetary compensation is required. The rabbis even go so far as to point out the impossibility of ensuring that the punishment would remain equal to the injury, if they had to physically harm the guilty party.
The quoted passage has often been used to disparage Judaism. It should, however, be recognized as a great step forward in building a moral society. Everyone should be accountable to the same standards, and, when one’s actions result in harm to others, compensation is due.