The Torah says that when a pregnant woman is struck and miscarries, the compensation is determined "as the husband of the woman imposes upon him" (Exodus 21:22). One might think this means the husband can demand any amount he wants — an unlimited claim.
The Mekhilta corrects this: "and he shall give it by pelilim." The word "pelilim" means judges. The payment is not whatever the husband demands but whatever the judges determine. The husband's claim is subject to judicial review.
The Mekhilta supports this interpretation by showing that "pelilim" consistently means judges throughout Scripture. (Deuteronomy 32:31): "And now our foes judge us" — using the root "pelilim" to mean adjudication. (1 Samuel 2:25): "If a man sins against a man, then a judge judges him" — using the same root, "pilel," for the act of judging.
This ruling establishes a fundamental principle in Jewish tort law: the injured party does not set his own compensation. Even when the Torah seems to grant the husband the power to "impose" a payment, that power is immediately checked by a court of judges. Self-assessed damages would invite abuse — a grieving or angry husband might demand an astronomical sum. The Torah requires judicial mediation. The husband's loss is real and compensable, but the amount must be determined through an objective legal process, not through the emotional calculations of the person who suffered the loss.