22And should men quarrel and hit a pregnant woman, and she miscarries but there is no fatality, he shall surely be punished, when the woman's husband makes demands of him, and he shall give [restitution] according to the judges' [orders].
And should men quarrel: with one another, and [one] intended to strike his fellow, and [instead] struck a woman. [From Sanh. 79a]
and hit a pregnant woman: Heb. נְגִיפָה וְנָגְפוּ is only an expression of pushing and striking, as [in the following phrases:] “lest you strike ךְתִּגֹף your foot with a stone” (
Ps. 91:12); “and before your feet are bruised (יִתְנְַָפוּ)” (
Jer. 13:16); “and a stone upon which to dash oneself (נֶגֶף)” (
Isa. 8:14).
but there is no fatality: with the woman. -[From Sanh. 79a, Jonathan]
he shall surely be punished: to pay the value of the fetuses to the husband. They assess her [for] how much she was valued to be sold in the market, increasing her value because of her pregnancy. -[From B.K. 49a] I. e., the court figures how much she would be worth if sold as a pregnant slave when customers would take into account the prospect of the slaves she would bear, and her value as a slave without the pregnancy. The assailant must pay the difference between these two amounts. -[B.K. 48b, 49a]
he shall surely be punished: Heb. יֵעָנֵשׁ עָנוֹשׁ. They shall collect monetary payment from him, like וְעָנְשׁוּ [in the verse] “And they shall fine (וְעָנְשׁוּ) him one hundred [shekels of] silver” (
Deut. 22:19). [From Mechilta]
when the woman’s husband makes demands of him: When the husband sues him [the assailant] in court to levy upon him punishment for that.
and he shall give [restitution]: The assailant [shall give] the value of the fetuses.
according to the judges: Heb. בִּפְלִלִים, according to the verdict of the judges. -[From Mechilta]
23But if there is a fatality, you shall give a life for a life,
But if there is a fatality: with the woman.
you shall give a life for a life: Our Rabbis differ on this matter. Some say [that he must] actually [give up his] life, and some say [that he must pay] money, but not actually a life, and if one intends to kill one person and kills another, he is exempt from the death penalty and must pay his [the victim’s] heirs his value, as [it would be if] he were sold in the marketplace. -[From Mechilta, Sanh. 79]
24an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot,
an eye for an eye: If [a person] blinds his neighbor’s eye, he must give him the value of his eye, [which is] how much his price to be sold in the marketplace has decreased [without the eye]. So is the meaning of all of them [i.e., all the injuries enumerated in the following verses], but not the actual amputation of a limb, as our Rabbis interpreted it in the chapter entitled הַחוֹבֵל, he who assaults. -[From B.K. 83b, 84a]
25a burn for a burn, a wound for a wound, a bruise for a bruise.
a burn for a burn: Heb. כְּוִיָּה, a burn caused by fire. [Rashi probably alludes to מִכְוַת-אֵשׁ in
Lev. 13:24.] Until now [the Torah] spoke of an injury that decreases the value [of the victim], and now of [an injury] that does not decrease the [victim’s] value [as a slave] but causes pain, for instance if he [the assailant] burned him [the victim] on his nails with a spit, they [the judges] compute how much [money] a person like him would be willing to take to endure such pain. -[From B.K. 84a, Mechilta]
a wound: Heb. פֶּצַע, a wound that bleeds, where he wounded his [victim’s] flesh, navredure in Old French, all according to what it [the wound] is. If it decreases his value, he [the assailant must] pay [for the] damage; if he falls into idleness, he [must] pay for idleness, and for healing, shame, and pain. This verse is superfluous [because there is no difference between a wound and a burn. Whatever damage he inflicts he must pay]. In [the chapter] הַחוֹבֵל (B.K. 84a), our Rabbis interpreted it as making one liable for [the victim’s] pain even where there is [permanent] damage [which he must pay for], because although he pays him [the victim] the value of his hand, we do not exempt him from the [payment compensating for the victim’s] pain, reasoning that since he [the assailant] purchased his [the victim’s] hand [by giving the victim payment for its value], he may amputate it with whatever he wants. We say, however, that he should amputate it with a medication that lessens the pain. However, [if] he cut it off with [an] iron [implement] and caused him pain [he must give the victim compensation]. -[From B.K. 85a]
a bruise: Heb. חַבּוּרָה. This is a blow in which blood collects but does not come out. It only reddens the flesh on that spot. The term חַבּוּרָה is equivalent to tache in Old French [meaning] a spot, like “or a leopard its spots (חִבַרְבֻּרֹתָיו) ” (
Jer. 13:23). Its Aramaic translation is מַשְׁקוֹפֵי, an expression of beating, batedure in Old French, [meaning] beating, knocking, and so, שְׁדֻפוֹתקָדִּים (
Gen. 41:23) [is translated by Onkelos as:] קִדּוּם שְׁקִיפָן, [which means] “beaten by the [east] wind,” and similarly, “on the lintel (עַל הַמַשְׁקוֹף)” (
Exod. 12:7), [is given this appellation] because the door bangs against it [the lintel]. [See commentary on
Exod. 12:7.]