A Burn for a Burn and the Five Payments for Bodily Injury

Mekhilta DeRabbi Shimon Ben Yochai 21:25

Curated by Arthur·Told by Maggid·

"A burn for a burn" (Exodus 21:25). If it were a wound, it has already been stated. Rather, this applies even where there is no wound — for example, where he burned him with a spit or a nail upon his fingernail, in a place that produces no wound. From this you say: one who deprives his fellow of a limb pays five things — damage, pain, loss of livelihood, healing, and humiliation. Damage and pain are stated here; loss of livelihood and healing are stated above; and humiliation is stated elsewhere, as it is said "and she put out her hand and seized his private parts" (Deuteronomy 25:11). Damage: they assess how much he was worth whole and how much he is worth after he was deprived of the limb. Pain: they estimate how much a person would give to have his hand cut off with a drug rather than cut off with a knife. Loss of livelihood: they regard him as if he were a watchman. Healing: they say in how many days he will be healed and how much he needs. Humiliation: all is according to the one who shames and the one shamed. If he did not deprive him of a limb, he is exempt from damage. If there is no pain in it, he is exempt from pain. If there is no loss of livelihood in it, he is exempt from loss of livelihood. If there is no healing in it, he is exempt from healing. If there is no humiliation in it, he is exempt from humiliation.

Themes

LawEthicsDivine Justice

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