Exodus 21:23Meaning & Commentary from the Church Fathers

Having reached perfection in a brief period, the righteous individual completed his earthly journey (Prem. 4:13). In contrast, the flawed soul is easily harmed, leading it to lose the divine utterance it has received. But alas for anyone who leads one of these humble ones astray (see Luke 17:1-2). Cursed is the one who strikes a woman with child! Should she give birth to a non-viable infant, monetary compensation is required, but if the infant is viable, then a life must be given for a life, an eye for an eye, a tooth for a tooth, a hand for a hand. Why require recompense for an eye or a hand? For the child would possess both an arm and an eye, thus the infant is deemed fully formed at birth, and the offender must be assessed according to the extent of the injury inflicted.

When compared to Leviticus 24:19-20, it becomes evident that the principles outlined regarding the law of retaliation, which was recognized across the ancient world, are not limited to a specific instance involving a pregnant woman being attacked, but rather apply broadly to all instances of injury. The tradition of this right of retribution, which ancient cultures connected to Radamanthus, the Phoenicians, or related peoples such as the Kaftorim of Crete, is noted in nearly all ancient legal systems. Examples can be found in the works of Solon, the Twelve Tables, and various other sources. However, among the Hebrews, as noted by Philo, the application of the law of retaliation was often softened through the imposition of a penalty decided upon by the judge with the plaintiff’s agreement.