Life for Life and the Rule Against Double Penalty

Mekhilta DeRabbi Shimon Ben Yochai 21:23

Curated by Arthur·Told by Maggid·

"But if harm follows, then you shall give life" (Exodus 21:23). I might think that one who killed a person and an animal at once, or severed this one's head and that one's finger as one act, would be liable to death and to monetary payment together. Scripture teaches "life for life" — and not life for life and an animal, and not life for life and an eye. But if he killed a person and afterward killed an animal, or severed this one's head and afterward severed that one's finger, he is liable, as it is said "life for life, [eye] life for life and eye." This is the rule: in any case where there is a capital offense and a monetary liability together, he is judged with death and exempt from payment.

Themes

LawDivine JusticeJudgment

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