One of the most bizarre and incomprehensible laws of the entire Torah is also one of the ancient world’s most important laws. It is the law of retaliation, also called lex talionis:

עַיִן תַּחַת עַיִן שֵׁן תַּחַת שֵׁן יָד תַּחַת יָד רֶגֶל תַּחַת רָגֶל׃ – An eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot. (21:24)

The law of retaliation isn’t the Torah’s innovation; it appears in other Ancient Near Eastern law codes that predate the text of the Torah, such as the Code of Hammurabi. All the same, it appears three times in the Torah, and its words are barbaric and cruel to modern eyes, easily dismissed as unworthy of humane civilization.

People who wish to express their opposition to forgiveness, concession, and compensation, insisting on retaliation of the most brutal and painful kind, will quote “An eye for an eye” as justification, conjuring a vision of hacked limbs and gouged eyes.

This law is alien and incomprehensible to us because we lack the necessary context. We fail to recognize it’s contemporary importance to early human civilization. The human desire for revenge isn’t petty and shallow. It stems from a basic instinct for fairness and self-defense that all creatures possess, and also from a deeply human place of respect and self-image. When a person is slighted, they self-righteously need to retaliate to restore balance.

The trouble is, balance is impossible to restore, and instead, violence escalated, and early human societies endured endless cycles of vengeance and violence. In the ancient world, in a vacuum with no laws, revenge was a severe destabilizing force.

This is the context we are missing. In such a world, societies imposed the law of retaliation as a cap and curb violence by prohibiting vigilante justice and disproportionate vengeance. An eye for an eye – that, and crucially, no more. It stops the cycle of escalation, and tempers if not neuters, the human desire for retribution. Crucially, it stops feuds from being personal matters, subordinating revenge to law and justice by inserting the law between men, a key political theory called the state monopoly on the legitimate use of physical force.

This was familiar to the Torah’s original audience. We ought to reacquaint ourselves with this understanding – the law is not barbaric and primitive at all; it’s essential to building a society.

Even more importantly, our Sages taught that these words are not literal, and instead, the remedy for all bodily injury is monetary compensation. The Torah forecloses compensation for murder –  לא תקחו כופר לנפש רוצח. The fact the Torah chooses not to for bodily injuries necessarily means compensation is allowed. And since people are of different ages, different genders, and in different trades, with discrete strengths and weaknesses; mirroring the injury isn’t a substitute at all, so paying compensation is the exclusive remedy, in a sharp application of the rule of law – there shall be only one law, equitable to all – מִשְׁפַּט אֶחָד יִהְיֶה לָכֶם.

Before dismissing this as extremely warped apologetics, the overwhelming academic consensus is that the law was never practiced as it is written. Today, we readily understand that if we suffer bodily injury, we sue the perpetrators’ insurance company, and the ancient world understood that tradeoff too.

How much money would the victim accept to forgo the satisfaction of seeing the assailant suffer the same injury? How much money would the assailant be willing to pay to keep his own eye? There is most certainly a price each would accept, and all that’s left is to negotiate the settlement figure, which is where the court can step in. Even where the law is not literally carried out, the theoretical threat provides a valuable and perhaps even necessary perspective for justice in society.

It’s vital to understand this as a microcosm for understanding the whole work of the Torah. There is a much broader point here about how we need to understand the context of the Torah to get it right, and we need the Oral Tradition to get it right as well. The text is contingent, to an extent, on the body of law that interprets and implements it.

Without one or the other, we are getting a two-dimensional look at the very best and just plain wrong at worst. If we were pure Torah literalists, we would blind and maim each other and truly believe we are doing perfect like-for-like justice! After all, what more closely approximates the cost of losing an eye than taking an eye?! Doesn’t it perfectly capture balance, precision, and proportionality elegantly? It holds before us the tantalizing possibility of getting justice exactly right!

But we’d be dead wrong. Taking an eye for an eye doesn’t fix anything; it just breaks more things!

The original purpose of the law of retaliation was to limit or even eliminate revenge by revising the underlying concept of justice. Justice was no longer obtained by personal revenge but by proportionate punishment of the offender in the form of compensation enforced by the state.  While not comprehensive, perhaps this overview can help us look at something that seemed so alien, just a bit more knowingly.

There’s a valuable lesson here.

In the literal reading of lex talionis, it’s a vindictive punishment that seeks pure cold justice to mirror the victim’s pain and perhaps serve as a deterrent.

With our new understanding, compensation is not punitive at all – it’s restitutive and helps correct bad behavior. You broke something or caused someone else pain, and now you need to fix it.

There is nothing outdated about the law of retaliation. It’s timely as ever because we all break things. We hurt others, and sometimes we hurt ourselves too. The Torah urges us to remember that one broken thing is bad, and two broken things are worse. We can’t fix what is broken by adding more pain and hope to heal. But it is within your ability to fix it, and you don’t have to maim yourself to make it right!

Taking it further, there is a wider lesson here as well.

In seeking justice for ourselves, we needn’t go overboard by crushing our enemies and hearing the lamentations of their women. We can and should protect ourselves and our assets, but we needn’t punish our adversaries mercilessly such that they never cross us again. In a negotiation, don’t squash the other side just because you can. It’s about making it right, not winning. Channeling the law of retaliation, don’t escalate. Think in terms of restitution, not retribution.

Do all you must, sure, but don’t do all you could.

The Torah treats idolatry and pagan practices with extreme severity, condemning them repeatedly throughout the Tanach. In Moshe’s last address, he issues the same instruction to be weary of these foreign practices:

כִּי אַתָּה בָּא אֶל־הָאָרֶץ אֲשֶׁר־ה אֱלֹהֶיךָ נֹתֵן לָךְ לֹא־תִלְמַד לַעֲשׂוֹת כְּתוֹעֲבֹת הַגּוֹיִם הָהֵם׃ לֹא־יִמָּצֵא בְךָ מַעֲבִיר בְּנוֹ־וּבִתּוֹ בָּאֵשׁ קֹסֵם קְסָמִים מְעוֹנֵן וּמְנַחֵשׁ וּמְכַשֵּׁף׃ וְחֹבֵר חָבֶר וְשֹׁאֵל אוֹב וְיִדְּעֹנִי וְדֹרֵשׁ אֶל־הַמֵּתִים׃כִּי־תוֹעֲבַת ה כָּל־עֹשֵׂה אֵלֶּה וּבִגְלַל הַתּוֹעֵבֹת הָאֵלֶּה ה אֱלֹהֶיךָ מוֹרִישׁ אוֹתָם מִפָּנֶיךָ׃ תָּמִים תִּהְיֶה עִם ה אֱלֹהֶיךָ׃ – When you enter the land that Hashem is giving you, you shall not learn to imitate the abominable practices of those nations. Let no one be found among you who sends his son or daughter to the fire, or who is an augur, a soothsayer, a diviner, a sorcerer, one who casts spells, or one who consults ghosts or familiar spirits, or one who inquires of the dead. For anyone who does such things is abhorrent to Hashem, and it is because of these abominable things that the Hashem is dispossessing them before you. You must be perfectly wholehearted with Hashem. (18:9-13)

While extremely difficult to reconcile with a modern understanding of how the world works, it would be obtuse to deny that a sizable portion of Jewish tradition incorporates magic and superstition as having some actual basis and realism – the book of Shmuel tells of an incident where years after the settlement of the Land of Israel, a Philistine army threatened the young state, and King Saul sought a witch out to consult with the ghostly spirit of the dead prophet Shmuel.

Be that as it may, there is a divergent rationalist school of thought more aligned with a modern understanding of the world, notably the Rambam, that does not treat these as genuine, but still equally forbidden.

Real or not, the Torah is explicit that seeking out future knowledge is taboo and, therefore, off-limits. Instead, we should embrace the future straightforwardly as it comes – תָּמִים תִּהְיֶה עִם ה אֱלֹהֶיךָ.

What’s so wrong about wanting to know the future?

R’ Yakov Hillel explains that someone seeking future knowledge yearns to eliminate doubt and uncertainty, which is antithetical to the human condition.

Humans hate uncertainty. It is stressful and makes us worry. Every day, we navigate over the shaky, uncertain, and constantly changing landscape of probabilities that lie before us.

We have natural pattern recognition abilities, which is why humans are prone to believe in magic and superstition. Doubt and uncertainty are fundamental and intrinsic to the human condition – we aren’t computer programs. Uncertainty is central to the Jewish conception of prophecy; counterintuitively, a prophet’s job is not to foretell an inevitable future – instead, their job is to warn people away from the path they are on. A prophet whose warning comes true has failed! The future is not set, which is also a central theme of the High Holy Days.

This is also the theme of Isaiah critique that is read before Tisha b’Av, where Isaiah calls his community to task, people who, instead of doing the work to alleviate poverty and suffering, and be good and kind to each other, would rather just slaughter a goat or two:

לָמָּה-לִּי רֹב-זִבְחֵיכֶם יֹאמַר ה שָׂבַעְתִּי עֹלוֹת אֵילִים וְחֵלֶב מְרִיאִים וְדַם פָּרִים וּכְבָשִׂים וְעַתּוּדִים לֹא חָפָצְתִּי. כִּי תָבֹאוּ לֵרָאוֹת פָּנָי מִי-בִקֵּשׁ זֹאת מִיֶּדְכֶם רְמֹס חֲצֵרָי. לֹא תוֹסִיפוּ הָבִיא מִנְחַת-שָׁוְא קְטֹרֶת תּוֹעֵבָה הִיא לִי חֹדֶשׁ וְשַׁבָּת קְרֹא מִקְרָא לֹא-אוּכַל אָוֶן וַעֲצָרָה. חָדְשֵׁיכֶם וּמוֹעֲדֵיכֶם שָׂנְאָה נַפְשִׁי הָיוּ עָלַי לָטֹרַח נִלְאֵיתִי נְשֹׂא. וּבְפָרִשְׂכֶם כַּפֵּיכֶם אַעְלִים עֵינַי מִכֶּם גַּם כִּי-תַרְבּוּ תְפִלָּה אֵינֶנִּי שֹׁמֵעַ יְדֵיכֶם דָּמִים מָלֵאוּ. רַחֲצוּ הִזַּכּוּ הָסִירוּ רֹעַ מַעַלְלֵיכֶם מִנֶּגֶד עֵינָי חִדְלוּ הָרֵעַ. לִמְדוּ הֵיטֵב דִּרְשׁוּ מִשְׁפָּט אַשְּׁרוּ חָמוֹץ שִׁפְטוּ יָתוֹם רִיבוּ אַלְמָנָה – “What makes you think I want all your sacrifices?”, says Hashem. “I am stuffed with burnt offerings and ram sacrifices and cattle fats. I don’t need the blood of bulls, lambs and goats. When you come to worship me, who asked you to parade through my courts with all your ceremony? Stop bringing me your meaningless gifts; the incense of your offerings disgusts me!
“Your celebrations of Rosh Chodesh and Shabbos and your fast days, are all sinful and false. I want no more of your pious meetings! I hate your new moon celebrations and your annual festivals. They are a burden to me. I cannot stand them! When you raise your hands in prayer, I will not look. Though you might offer many prayers, I will not listen, because your hands are covered with the blood of innocents!
“Wash yourselves and become clean! Get your sins out of my sight. Give up your evil ways; learn to do good. Seek justice! Help the oppressed and vulnerable! Defend the cause of orphans! Fight for the rights of widows!” – (1:10-17)

It is normal to be scared of the future, but that fear can paralyze us from doing the work we need to do. By holding on to what we need from the future, we use shortcuts to hack the outcome.

Instead, the Torah advises us to be wholesome, to embrace the struggle the uncertainty and fear of the future straightforwardly as it comes – תָּמִים תִּהְיֶה עִם ה אֱלֹהֶיךָ.

Maybe there are religious hacks. But R’ Yitzchak Berkowitz notes that people who are wholesome and straightforward understand that shortcuts are no substitute for the real deal.

The human enterprise is trial and error, courage, and risk. R’ Shlomo Farhi explains that shortcuts are pitfalls – the bad and wrong ways to do things. We need to prepare for the future properly you can’t hack your way into being a decent human – you can’t ask for forgiveness before making amends; you can’t lose weight sorting out your diet; you can’t retire without saving.

When we are afraid of the future, there is something we want to avoid. Instead of avoiding the pain, confront it, put in the work, and take decisive action.

There’s an interesting discussion about what the Torah’s constitution might look like, and many famous scholars looked to the Torah as a source of political theory. One particular thread of that discussion is the role of a king. The Torah doesn’t particularly advocate for monarchy, and imposes many constraints:

כִּי־תָבֹא אֶל־הָאָרֶץ אֲשֶׁר ה אֱלֹהֶיךָ נֹתֵן לָךְ וִירִשְׁתָּהּ וְיָשַׁבְתָּה בָּהּ וְאָמַרְתָּ אָשִׂימָה עָלַי מֶלֶךְ כְּכָל־הַגּוֹיִם אֲשֶׁר סְבִיבֹתָי׃ שׂוֹם תָּשִׂים עָלֶיךָ מֶלֶךְ אֲשֶׁר יִבְחַר ה אֱלֹהֶיךָ בּוֹ מִקֶּרֶב אַחֶיךָ תָּשִׂים עָלֶיךָ מֶלֶךְ לֹא תוּכַל לָתֵת עָלֶיךָ אִישׁ נָכְרִי אֲשֶׁר לֹא־אָחִיךָ הוּא׃ רַק לֹא־יַרְבֶּה־לּוֹ סוּסִים וְלֹא־יָשִׁיב אֶת־הָעָם מִצְרַיְמָה לְמַעַן הַרְבּוֹת סוּס וַיהוָה אָמַר לָכֶם לֹא תֹסִפוּן לָשׁוּב בַּדֶּרֶךְ הַזֶּה עוֹד׃ וְלֹא יַרְבֶּה־לּוֹ נָשִׁים וְלֹא יָסוּר לְבָבוֹ וְכֶסֶף וְזָהָב לֹא יַרְבֶּה־לּוֹ מְאֹד׃ וְהָיָה כְשִׁבְתּוֹ עַל כִּסֵּא מַמְלַכְתּוֹ וְכָתַב לוֹ אֶת־מִשְׁנֵה הַתּוֹרָה הַזֹּאת עַל־סֵפֶר מִלִּפְנֵי הַכֹּהֲנִים הַלְוִיִּם׃ וְהָיְתָה עִמּוֹ וְקָרָא בוֹ כָּל־יְמֵי חַיָּיו לְמַעַן יִלְמַד לְיִרְאָה אֶת־יְהוָה אֱלֹהָיו לִשְׁמֹר אֶת־כָּל־דִּבְרֵי הַתּוֹרָה הַזֹּאת וְאֶת־הַחֻקִּים הָאֵלֶּה לַעֲשֹׂתָם׃ – If, after you have entered the land that Hashem has assigned to you, taken possession of it and settled in it, you decide, “I want a king over me, like all the nations around me,” you shall be free to set a king over yourself, one chosen by Hashem. Be sure to select your king from your own people; you must not select a foreigner over you, one who is not your kin. Moreover, he shall not keep many horses… And he shall not have many wives, lest his heart go astray; nor shall he amass silver and gold to excess. When he is seated on his royal throne, he must write a copy of this Torah written for him on a scroll by the levitical priests. Thus he will not act haughtily toward his fellows or deviate from the Instruction to the right or to the left, to the end that he and his descendants may reign long in the midst of Israel. (18:14-20)

The Gemara notes that the king actually must write two Sifrei Torah; one that remains in the royal treasury, and another that he carries with him wherever he goes.

The Rambam explains that during a king’s reign, he must write a Torah scroll for himself in addition to the scroll left to him in the treasury by his ancestors.

Even if the king inherits a treasury filled with beautiful Sifrei Torah from ancestors, the very act of writing the Torah scroll is a way of making the Torah, quite literally, one’s own. The act of doing that writing becomes a powerful pedagogy through which the king comes to understand what his moral position must be.

In political theory, this is called the rule of law, that all persons, institutions, and entities are accountable to the same body of law. In real day to day life, laws matter only as far as they command the collective loyalty of those in power; it requires a governing class that cares about law and government and tradition, rather than personal power and gain. By making the king go through this exercise, the Torah hopes and envisions that a king will understand the gravity of his office.

The Torah’s perspective is that all men are just men – in the very beginning, the Torah says that humans are formed “in the image of God,” which R’ Jonathan Sacks teaches to mean as destroying a divine right to oppress others. It is political dynamite, from which we can learn about the sanctity of life, the dignity of individuals and human rights, the sovereignty of justice and the rule of law, free society, all because God bestows his image on everyone, not just kings and emperors. It follows that we would expect a Jewish conception of a king to look qualitatively different.

R’ Shlomo Farhi explains that the higher in stature and authority someone is, the closer scrutiny they can expect. Intuitively, a powerful person needs more humbling – not necessarily in a negative way, but more so that a successful leader is someone whose leadership exists to help his people.

Leadership is about being of service to others, not being served by others.

The Torah contains a litany of laws that pertain to every aspect of court procedures in general and testimony in particular. The proper procedure ensures the fair administration of justice, which is the underpinning of a just society. There are many prerequisites to accept witness testimony, and anything short is disqualified.

One of the most fascinating subtopics is about witnesses who present false evidence; then, another set of witnesses testifies that the first set of witnesses were with them elsewhere at the time, and so the original witnesses could not possibly have first-hand knowledge about the case. Under these circumstances, the Torah imposes the punishment that the liars attempted to implicate the innocent man with:

וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ – You shall do to him as he plotted to do to his brother, and purge the wickedness from among yourselves. (19:19)

The Gemara suggests that the court will only carry this out when the court catches the liar before the plot succeeds, not after, because there is no brotherhood in death – כאשר זמם ולא כאשר עשה. If the plot succeeds, there is no punishment.

The Ritva queries that the law of Yibum is about brotherhood, but the whole concept of Yibum only arises to after the death of a brother; he further notes that Nadav and Avihu are referred to as brothers after death as well.

R’ Ezriel Hildesheimer explains that there is an obvious difference between biological and fraternal brotherhood. A biological brother remains so even after death – so it is natural to refer to brotherhood in those instances.

But the law of testimony specifically precludes blood relatives from testifying against each other, so any reference to brotherhood in the context of testimony can only mean the fraternal kind! We are brothers in identity and community, with a shared observance of Torah law and tradition, members of the Jewish People. But when we die, we are no longer bound to the Torah or each other – we move on into the beyond, and the imagery of brotherhood no longer makes sense.

While the interpretation is sound, the law itself is hard to understand. Why is it fair that if the conspiracy succeeds, that they get off scot-free, with no consequences?

R’ Shlomo Farhi explains that there are plenty of times that people don’t get what they deserve, for good and for bad, and sometimes people do get away with it.

But the Torah’s embodiment of punishment isn’t “just dessert” – it’s about restoring balance, and sometimes, the scales just won’t balance, and the consequence will be ineffective.

When the court catches the conspirators in time, the court can punish their wicked intentions by giving them the pain of their attempt, and this squares off their debt.

But when the conspirators succeed, there is no remedy, because they have done something far worse than “only” harming an innocent person. In their success, the witnesses are not the tool that inflicts the harm on the innocent; their testimony exploits and weaponizes the court, it’s sages and the entirely legal system.

The law of conspiring witnesses is not just an interpersonal crime against another, but against the entire system that Judaism builds, and there is no way to make up for that. You can get a sense of the Torah’s indignance at this, because, unusually, it labels this crime as “wicked” – בִעַרְתָּ הָרָע מִקִּרְבֶּךָ.

When someone corrupts the entire legal system, there is no remedy for that, and we leave it to the heavens.

As part of the functioning society the Torah seeks to create, the Torah requires us to have a judiciary to interpret the law, and an executive to apply it:

שֹׁפְטִים וְשֹׁטְרִים, תִּתֶּן-לְךָ בְּכָל-שְׁעָרֶיךָ – You shall place judges and police within all your gates… (16:18)

As with many mitzvos, the Torah speaks to individuals here, and not the community. Does the Torah expect each of us to individually to create a roster of judges and a police force?

While the simple reading is about judges and police, it is not simply a law about the branches of government.

The Shelah instead reads it as Judaism’s source for the principle of personal development. Building a great society starts with individuals. The mitzvah is given to “you” (second person possessive) because nobody else could judge or police you in the way only you are able.

R’ Yisrael Salanter taught that our natural intuition is the only judge and policeman we ever need.

R’ Jonathan Sacks explains that this is a microcosm of the Jewish People’s mission. In our personal lives and in our communities, we have a duty to determine whether there is a gap between where we are and where we ought to be, then taking the necessary steps to bridge it.

Because if we’re tuned in, we know what’s wrong, and we know how to fix it too.

The Torah’s laws serve the purpose of forming a cohesive and fair society, where members of the community work together to build a better world. The Torah anticipates that sometimes we will fail. People will break the law, and there are remedies available.

But sometimes, there is no remedy, such as a cold case – a crime that remains unsolved and has no leads. Unsolved murders are particularly dangerous for society, for the obvious reason that the killer remains unknown and at large. Should such an event take place in or near a Jewish community, the Torah requires us to be vigilant, and prescribes a ritual to undertake.

The leaders of a city have to take a calf that has never worked, to land that has never been ploughed, break it’s neck, and make a public declaration:

וְעָנוּ, וְאָמְרוּיָדֵינוּ, לֹא שָׁפְכוּ אֶתהַדָּם הַזֶּה, וְעֵינֵינוּ, לֹא רָאוּ. כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל אֲשֶׁרפָּדִיתָ, ה, וְאַלתִּתֵּן דָּם נָקִי, בְּקֶרֶב עַמְּךָ יִשְׂרָאֵל; וְנִכַּפֵּר לָהֶם, הַדָּם.  וְאַתָּה, תְּבַעֵר הַדָּם הַנָּקִימִקִּרְבֶּךָכִּיתַעֲשֶׂה הַיָּשָׁר, בְּעֵינֵי ה – They shall speak and say: “Our hands did not shed this blood, and our eyes were blind. Hashem, forgive Israel, your redeemed people, and do not tolerate innocent blood to remain among Israel, your people.” And the blood shall be forgiven. Purge innocent blood from among you … (21:7-9)

The Torah doesn’t tolerate unsolved crimes. The imagery of asking God forgiveness for innocent blood is especially powerful.

It seems odd that the leaders have to publicly explain that they did not kill somebody – we don’t seriously entertain that possibility for a moment.

So what is the point of the ceremony?

The Chasam Sofer notes that when they say “Our eyes were blind,” it’s not simply saying that they didn’t witness the crime – it’s a confession that the crime happened on their watch.

The Ibn Ezra explains that the Torah expects standards in a community to come from the top. If a murder takes place on your doorstep, the Torah radically suggests there is a shortcoming in the community as well, having not done enough to prevent it.

In that case, the ceremony is not a declaration of innocence; it is a public declaration of guilt.

R’ Chaim Brown notes that while we don’t often have to deal with a literal murder, there are plenty of similar scenarios where the lesson is as relevant as ever.

Chazal often compares vulnerable classes to the dead; the poor and childless, among others.

There are vulnerable people in our circles. With no particular institution in mind, how many children don’t have schools to attend, or get bullied? How many families can’t bear the financial burden of living an observant Jewish lifestyle?

One of the central concepts this mitzva reinforces is that we have a covenantal obligation to each other, and the Torah does not look away when vulnerable people are ignored on our watch –  וְאַלתִּתֵּן דָּם נָקִי, בְּקֶרֶב עַמְּךָ.

The Torah’s vision is that we stand up for each other, and especially those who cannot stand up for themselves.