… life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe. Exodus 21:23ff.
Israel was birthed in the context of cultures that had, from deep antiquity, a rich tradition of law. As for the laws themselves, such as we have in this “Book of the Covenant,” they are not all that different from these ancient traditions. What is different, however, is the context. Ancient Near Eastern legislation was secular in nature, and not religious, originating from kings who showed off their greatness, goodness, and justice by establishing laws that glorify their reigns. The Babylonian King Hammurabi is the parade example of this with his famous stela (large obelisk with law carved into it), dated approx.1690 B.C.
What is unique to Israel is the covenantal context of her legislation, specifically given to them by YHWH, not a king, or even Moses for that matter. Justice is not a secular matter, but a divine matter. Crimes are not crimes committed against individuals, or even society. They are committed against God himself, since all things are God’s. In the end, only YHWH is just, and is therefore the epicenter of justice. It is YHWH who demands justice!
Having said this, there is something unsettling about the “law of retribution,” the Latin Lex Talionis, demanding exact recompense for every infraction committed. It is extremely unpleasant to imagine gouging out someone’s eye or knocking out someone’s tooth as recompense, especially when doing so cannot rectify the original loss to the victim. But there is also something unsettling about crime, negligence, and accidents that happen in the heat of anger and violence.
We have to see this law in the context of its times. To begin with, it was a protection for the poor. The law applied to both the rich and poor alike. Should a rich man maim a poor man, he could not get away with it by throwing a few coins the poor man’s way. This law was a justice leveler, an equalizer; something that was always in the back of the minds of rich, a deterrent for committing violence to the poor.
Moreover, the Lex Talionis emphasizes the critical fact that God is a just God, and that every infraction must be accounted for. To let one injustice, however small, be passed by, God would not be just. Even if everything was perfect, except for one little evil hidden away in some obscure corner of paradise, the whole would be corrupted, and it would not be right for God to ignore it.
One might ask, is the Lex Talionis the “dark side,” or a reversal of, the Golden Rule Jesus presents to us in the Sermon on the Mount (Matt. 5:38)? Here we have to be very clear about the difference between what God was establishing with Israel at this early stage of development and what Jesus established with His Kingdom. For Israel to function as a nation there must be a system of justice. As for Jesus and His Kingdom, we all know His teaching, “you have heard it said, ‘an eye for and eye, and a tooth for a tooth.’ But I say to you, do not resist one who is evil. But if anyone strikes you on the right cheek, turn to him the other also.’” But Jesus is not dismissing the idea of justice this law contains, but He is addressing the behavior demanded by a radical discipleship of those who imitate Him. Jesus did not come to bring justice, although He was/is justice incarnate, but to self-gift Himself to an unjust world in order to save it.
It is true that nations that are formed by Christianity will have laws that reflect the Gospel ideals. However, for any earthly society to function, there must be a balance between justice and mercy. As Aquinas teaches, “Justice without mercy is cruelty; mercy without justice is dissolution” (Commentary on Matthew).
Coming back to the original context of the Lex Talionis, we must understand it is carried out by the demand of YHWH. Human beings, even the king, did not possess the power in and of themselves to carry out this justice; it is not a “secular” thing like we see among the nations. Rather, all justice and punishments were done in the name of God. Justice does not originate with the human, but the Divine. It is not the place of humanity to judge God and His laws and commands to the Hebrew nation at this stage of redemptive history. Admittedly, this is very heavy and sobering, but we must always remember how sin is behind all our human suffering and pain, and has to be dealt with in justice both revealed to us in Scripture and given to humanity through natural revelation.
Takeaway: The Lex Talionis is a divinely instituted expression of God’s justice in the face human sin and failure.
Questions: 1) As a Catholic, how do you reconcile the Lex Talionis with the Golden Rule? 2) How does this law affect your view of God?
Resources Used:
Cassuto, U. A Commentary on the Book of Exodus, pp. 257ff on comparison between ANE law and Hebrew law.