Eye for an Eye, Tooth for a Tooth

Articles | 18 Oct 2024

Eye for an Eye, Tooth for a Tooth


In the past, laws in kingdoms like Babylon were drafted by powerful kings who were trusted by the people to uphold justice and prosperity. For example, the Babylonian King Hammurabi said that he was appointed by the gods Anum and Enlil to rule with the aim of establishing justice, destroying evil, and protecting the weak from oppression by the strong. He compiled a list of laws that governed the social life, laws, and morality of the people. There was also King Ur-Nammu, declaring that he upheld justice in his land, by enacting laws.


In the Bible, laws do not come from man, but from God Himself. Exodus 24:3-4a records that Moses spoke God's words and regulations to the Israelites, and they expressed their willingness to obey all the words spoken by God. Moses then wrote down God's words. Furthermore, in Exodus 31:18, God gave Moses two tablets of law written by His own finger on Mount Sinai. This shows that God's law is holistic, covering all aspects of human life, whether social, religious or moral. God Himself is the ‘direct supervisor’ of the implementation of the law.


God's law, or Torah, reflects the harmony between morality and legality. What is immoral is also considered illegal, and vice versa. Even "mercy" is regulated in this law. For example, the laws about honoring elders and not oppressing strangers, as stated in Leviticus 19:32-35. The people are commanded to honor their elders, as an act directly related to the fear of God. Similarly, for foreigners living among the Israelites, they were to be treated the same as Israelites and loved as themselves. Conversely, every act of wickedness is considered a sin against God, so there are crimes that are included in the list of "unpardonable crimes", such as adultery and murder (Deuteronomy 22:22 and Numbers 35:16). Outside of the law, as in Hammurabi 129, adultery could be forgiven if the aggrieved party, such as the husband, chose to forgive his wife, and the king could grant forgiveness as well. Thus, in the context of these laws, forgiveness can be granted by humans, either by the victim or the ruler. Similarly, in other laws, forgiveness could be granted by the king. But in Israel, forgiveness comes only from God.


Another distinction between external laws and the Torah is regarding the recipient of punishment. The Law insists that punishment must be received by the guilty person only, not other innocent people (Deuteronomy 24:16). Each person was put to death for his own sin, without involving family or relatives. Outside of the law, punishments are sometimes retaliatory against innocent family members. For example, in Hammurabi 115, if a debt collector tortures the son of the debtor, then the son of the debt collector must also die. In Middle Assyrian 50, if someone attacks another person's daughter to death, the daughter of the offender must also be put to death.


In Torah law, all people are treated equally before the law. There are no exceptions based on social status. However, in the laws of nations outside Israel such as Hammurabi, punishment depended on social class (aristocrats, commoners, and slaves). The punishment the perpetrator received differed depending on the status of the victim. If an aristocrat broke the bones of a fellow aristocrat, his bones should also be broken (Hammurabi 197). However, if the victim was a commoner, the perpetrator only had to pay some money (Hammurabi 198). If an aristocrat injured a slave, the punishment was much lighter, only having to pay a portion of the slave's value (Hammurabi 199). In Israeli law, the punishment applies equally to everyone, whereas outside of Israel, social status determines the severity of the punishment.


Through the above we find that the law of "An Eye for an Eye, a Tooth for a Tooth" became a counter-value to the contemporaneous legal rules that existed in the nations surrounding the people of Israel.


How does the law of "Eye for an Eye, Tooth for a Tooth" compare to other legal codes in the nations surrounding Israel? What are the implications of the application of the law, to the social and moral life of the people of Israel?"


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