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Drash for Shabbat Emor
By David Bynes - May 9, 2008

The "eye for an eye, tooth for a tooth, life for a life" passage in today’s Torah portion was delivered to the multitudes at Sinai who had knowledge and acculturation in Egyptian, tribal and Mesopotamian attitudes and laws concerning retribution. The oldest written record of the "eye for an eye" phrase occurs in the Code of Hamurabi. Pictorial representations of Egyptian retribution suggest capital punishment and physical torture. Often retribution was left to the will of priests or government officials or interpretations of the will of an oracle or supernatural power. Tribal blood revenge has existed in the ancient and modern Middle East. As the ancient Israelites and multitude at Sinai had to wrestle with the concept of retribution in their time, I thought I would compile some examples of other points in history where societies have had to decide what constitutes fair retribution in their day.

"If a man knock out the teeth of his equal, his teeth shall be knocked out. If he knock out the teeth of a [commoner], he shall pay one-third of a [silver] mina." -From the Code of Hammurabi,

"One who kills a human being shall be put to death. You shall have one standard for stranger and citizen alike[…]" -Leviticus

"You have heard that it was said, 'An eye for an eye and a tooth for a tooth.' But I say to you, Do not resist one who is evil. But if any one strikes you on the right cheek, turn to him the other also." -New Testament

"Let the punishment be equal with the offence." -Marcus Tullius Cicero

"O you who believe, retaliation is prescribed for you in the matter of murder, the free man for the free man, the slave for the slave, the female for the female, but if any remission is met to him by his brother (brother in faith), then grant any reasonable demand and compensate him with handsome gratitude. – The Qur’an

When I started working on this drash, I had the notion that "an eye for an eye" originated in Torah. In fact, it appears much older than torah. Even the code of Hammurabi uses the words "you have heard it said" when talking about and "eye for an eye," implying that the concept is older than ancient Babylon. Maybe the concept of retribution is as old as the human race. The arguments about what constitutes proper and fair retribution morally and ethically will continue.

Shabbat Shalom.