Giving a Blemish Is Giving Money from Hand to Hand

Yalkut Shimoni on Torah 338:1

The school of Rabbi Ishmael taught: Scripture says "if he cause a blemish" (Leviticus 24:19) -- "giving" means nothing other than money. But then "as he caused a blemish in a man" would also mean money, yet that is bodily injury! The school of Rabbi Ishmael expounds a superfluous verse: since it is written, "and if a man cause a blemish in his neighbor, as he has done... so shall it be done to him," why do I need "so shall it be given"? Learn from it: money. Why do I need "as he caused a blemish in a man"? Since it wished to write "so shall it be given," it also wrote "as he caused a blemish in a man." The school of Rabbi [Hiyya] taught: Scripture says "hand for hand" (Deuteronomy 19:21), a thing given from hand to hand -- and what is that? Money. But then "foot for foot" would also be so, yet [that is bodily]! The school of Rabbi Hiyya expounds a superfluous verse: since it is written, "and you shall do to him as he purposed" (Deuteronomy 19:19), and if it should enter your mind that it is literal, why do I need "hand for hand"? Learn from it: money. Why "foot for foot"? Since it wrote "hand for hand," it wrote "foot for foot." Abaye said: it comes from what the school of Hezekiah taught: "an eye for an eye" -- and not an eye and a life for an eye; for if it should enter your mind that it is a literal eye, sometimes you would find an eye and a life for an eye, for while blinding his eye his soul departs. And what is the difficulty? Perhaps we assess him: if he can withstand it, we do it; if not, we do not. And once we assessed that he can withstand it and we did it and his spirit departed, if he dies, let him die -- did we not learn: if they assessed him and he died under his hand, he is exempt? (Exodus 21:25) Rav Zevid in the name of Rava said: Scripture says "wound for wound," to give pain in place of damage; for if it should enter your mind that it is literal, just as this one had pain, and so on. And what is the difficulty? Perhaps there is a delicate person who has more pain; what is the practical difference? To give him the difference between them. Rav Papa in the name of Rava said: Scripture says "and he shall surely heal" (Exodus 21:19), to give healing in place of damage; for if it should enter your mind that it is literal, just as this one needs healing, and so on. What is the difficulty? Perhaps there is a person whose flesh heals quickly and one whose flesh does not heal quickly; what is the practical difference? To give him the difference between them. Rav Ashi said: it comes by analogy of "in place of" with "in place of": it is written here "an eye in place of an eye," and it is written there "because (in place of which) he humbled her" (Deuteronomy 22:29); just as there it is money, so too here it is money. It was taught: Rabbi Eliezer says: "an eye for an eye" -- literal. Literal, can it enter your mind? Does Rabbi Eliezer not hold like all those Tannaim? Rather, it means that we assess [the value] not by the injured party but by the one who caused the injury. Rabbi Yitzchak said: it says, "if a ransom be laid upon him" (Exodus 21:30), and behold the matter is an inference from minor to major: if where it imposed death it imposed only money, here where it did not impose death, all the more so it should impose only money. Rabbi Eliezer says: "an eye for an eye" -- I might understand, whether intending or not intending, he pays only money; therefore Scripture excludes the one who intends to cause a blemish, that he pays only money, as it is said, "and if a man cause a blemish in his neighbor" (Leviticus 24:19), a general statement; "an eye for an eye," a specific; in a specific-and-general there is in the general only what is in the specific; when it says "as he caused a blemish in a man" (Leviticus 24:20), it generalized again. If general like the first general? You say no; rather it is general-specific-general, and you judge only according to the specific: just as the specific spells out fixed blemishes, chief limbs, visible, and intentional, paying only money, so all such cases; Scripture says "as he cause a blemish," [teaching] until he intends to cause him a blemish.

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