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.

There is an almost universal survival instinct among living organisms for self-preservation, that can extend to children and family as well. As the degrees of separation erode familiarity, the protective instinct shrinks as well.

Whenever the Torah makes a point, it matters. But when the Torah is replete with the same recurring theme over and over, it matters a lot.

In the laws that deal with interpersonal conduct, the Torah says one thing time and again:

כִּי-יִהְיֶה בְךָ אֶבְיוֹן מֵאַחַד אַחֶיךָ / וְלֹא תִקְפֹּץ אֶת-יָדְךָ, מֵאָחִיךָ, הָאֶבְיוֹן / וְרָעָה עֵינְךָ בְּאָחִיךָ הָאֶבְיוֹן, וְלֹא תִתֵּן לוֹ / פָּתֹחַ תִּפְתַּח אֶת-יָדְךָ לְאָחִיךָ / כִּי-יִמָּכֵר לְךָ אָחִיךָ הָעִבְרִי / לְבִלְתִּי רוּם-לְבָבוֹ מֵאֶחָיו / וְנַחֲלָה לֹא-יִהְיֶה-לּוֹ, בְּקֶרֶב אֶחָיו / וְשֵׁרֵת, בְּשֵׁם ה אֱלֹהָיו–כְּכָל-אֶחָיו / נָבִיא מִקִּרְבְּךָ מֵאַחֶיךָ / וַעֲשִׂיתֶם לוֹ, כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו – When there will be a poor man among your brothers / Don’t withold your hand from your brother, the poor man / Should your eye turn evil towards your poor brother, and you don’t give him [what he needs] / Open your hands to your brother, and open them once more / Should your brother be sold as a slave / [Let a king] not be haughty over his brothers / [The kohen] shall not have an inheritance with his brothers [because of his extra benefits] / He will serve in God’s name, as his brothers / A prophet will come from among your brothers / Conspiring witnesses shall suffer what they conspired upon their brother. (Multiple sources)

The Torah has many interpersonal laws. But whether it’s about rich and poor, slaves or kings, prophets or priests; the Torah calls us “brothers” over and over again, to extend the self-concept definition beyond ourselves and foster a group identity.

There is a radical concept here.

The Torah wants us to be careful not to define people by their status as a lender, borrower, king, or slave. Our different social status or economics can describe us, but it is our common identity that defines us. We have to help each other, not because we are different, but because we are the same.

The theory of shared identity is presented as one of the foundational reasons we observe the Torah:

וְזָכַרְתָּ, כִּי עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרַיִם, וַיִּפְדְּךָ, ה אֱלֹהֶיךָ – Remember that you were a slave in Egypt, and the Lord redeemed you (15:15)

The fact we were once oppressed is not just a reason to find empathy. It goes much further. It is a reminder that we mustn’t fall victim to hubris and arrogance by taking credit for our good fortune.

The modern professional world is optimized for commerce, not community. The Torah rejects the legitimacy of a culture that creates a permanent wealthy and poor class and obligates us all to look out for those less fortunate.

Reasonable people can disagree on what optimal social policy looks like. But the Torah is clear that we each have a personal obligation to do what we can to help others and foster a communal identity.

Because there, but for the grace of God, go I.

Judaism is all about how to live a meaningful good life, through the Torah. One of the most revolutionary concepts innovated by the Torah is that everyone is special and important, and not just a ruling elite.

Beyond this empowering belief, is that the door is never closed to people who lose their way. There is always room for the wayward to come back. No matter what they’ve done, people can find peace and redemption.

One of the absolute worst things a human can do is to take a life. Murder, which means to kill another, with intent, is so bad that the murderer is subject to capital punishment:

מַכֵּה אִישׁ וָמֵת מוֹת יוּמָת – One who strikes and kills a man, must absolutely be put to death. (21:13)

Yet someone who kills another inadvertently, manslaughter through negligence or some other tragic mistake, has a different remedy:

וַאֲשֶׁר לֹא צָדָה וְהָאֱלֹהִים אִנָּה לְיָדוֹ וְשַׂמְתִּי לְךָ מָקוֹם אֲשֶׁר יָנוּס שָׁמָּה – But if you didn’t stalk him, yet God brought it about by his hand, I will make a place for you to flee. (21:14)

The straightforward meaning of this cumbersome construction is that this killer must flee to a city of refuge.

Yet the words lend themselves to a deeper interpretation as well. The Arizal teaches that אִנָּה לְיָדוֹ וְשַׂמְתִּי לְךָ is the acronym of Elul, the month that culminates in the days of atonement. This law also contains an aspect of teshuva: the impetus to do teshuva at all.

R’ Moshe Einstadter beautifully reads this back into the words.

אִנָּה לְיָדוֹ – Something awful has happened. Running away is part of the process, but once the killer gets there, he must live with his conscience for the rest of his days. How can the guilty person live with himself?

וְשַׂמְתִּי לְךָ מָקוֹם – Hashem reassures us that there is nothing irredeemable; there remains a place for all of us. There is hope; there is a future.

Perhaps it is worth nothing that אִנָּה לְיָדוֹ is a matter of passive inaction, and the solution is one of action –
וְשַׂמְתִּי לְךָ. It takes real action to make a change.

But if we do, there is a place for all of us.

The first law after Sinai addresses a Jew who steals, and cannot afford to repay the theft. Such a person is sold into temporary slavery, and the value of his labor accrues until his debt has been paid off. The laws after Sinai open with ואלה המשפטים – And these are the laws… Rashi points out how ו – “and” – continues what was previously said; in this case that these laws are a direct continuation of Sinai.

This is very perplexing. Should the first instructions on becoming fully fledged Jews not be to charge us with being good, kind and responsible for society? The subsequent laws address charity and social responsibility; why aren’t they first? Why does the first law the Jews need to know concern a cheating thief?

The Beis Halevi explains that the Torah has a prerequisite for kindness, charity, and social responsibility. The money has to be kosher, and the ingredients properly sourced.

The Jew who steals becomes a slave. He must be treated exceptionally well, and he is not the permanent property of his owner; but nor is he a fully fledged Jew for the duration of his slavery. He is devoid of responsibility to Hashem, and is responsible to his owner. He is allowed to marry a non-Jew in this state, and create a family of slaves who do belong to his owner. Consider that this is what the Torah proscribes as the solution to theft. The Torah terms renouncing Judaism, marrying a non-Jew, and having a family of slaves as being less bad than stealing!

It should be very clear why a law concerning theft comes before the laws regarding Jewish duties and obligations for bettering society and the world at large. The Torah demands high standards of its adherents – the integrity of the individual is paramount to being capable of aiding society.

Among the first laws given after Sinai, are some interpersonal laws, particularly the laws requiring that the needy are taken care of:

אִם כֶּסֶף תַּלְוֶה אֶת עַמִּי אֶת הֶעָנִי עִמָּךְ… – When you lend money to My people, to the poor person with you…. (22:24)

Although not readily noticeable in a translation, the phrasing is quite cumbersome, particularly the word עִמָּךְ – with you – in the context.

The Alshich explains that everything is Hashem’s, and merely deposited with us. We are given the privilege of having money in order to distribute it. With this thought, the Torah is imploring us to remember that no matter what we do with our money – אִם כֶּסֶף תַּלְוֶה אֶת עַמִּי – that אֶת הֶעָנִי עִמָּךְ – it belongs to the poor; it is incidentally with you. We should therefore take great care and responsibility.

The Vilna Gaon explains that the Torah is alluding to a standard monetary law: loans are agreed before witnesses to prevent unscrupulous activity, whereas charity is done in solitude, and no-one needs to know. אִם כֶּסֶף תַּלְוֶה – When you lend money – אֶת עַמִּי – do so before My people; – אֶת הֶעָנִי – To the poor however – עִמָּךְ – do it alone. The Torah advises the correct way to give charity – in secret. There is a world of difference bee tween being good, and looking good – here the Torah stresses to be good, when no one will ever know.

The Kli Yakar explains that when a person gives charity or a charitable loan, all good deeds and benefits resultant from it are credited to the person who financed the good deeds and actions. The reading would then be – אִם כֶּסֶף תַּלְוֶה אֶת עַמִּי אֶת הֶעָנִי – If you lend/give money to my people or the needy – עִמָּךְ -all the merits that result are “with you” too!

All these novel teachings have a very simple underpinning; money is not meant to be accumulated and stockpiled for personal gain. If people are privileged enough to earn their daily bread, or even more, spread it around, with class. The word for charity, צדקה, literally means “justice”. By engaging in charitable pursuits, you are, in a very real way, dispensing a little more justice into the world.

We would all do well to internalise that we do not get rich off the sweat of our brows alone; that we should care for the needy, away from the spotlight too; and that the effects of charity continue to compound long after. If everyone knew that, the world might look quite different.

It starts with one.