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18 Punishments for Personal Injury.[a]“When people are fighting and one of them injures the other with a stone or with a fist, and this does not kill the other but causes a serious injury, 19 and yet the injured party is able to walk around with a staff, then the one who struck the blow shall be held to be innocent. He must, however, pay the victim for the time he lost on account of the injury and he must pay for his medical care.

20 “When a man strikes his male or female slave with a staff and kills that slave, he shall surely be punished. 21 But if the slave lives for a day or two, the slave-owner shall not be punished, for the slave is his property.

22 “When some men fight and injure a pregnant woman so that she loses her child, but there is no other damage, they will be fined as much as the husband of the woman decides. They will pay in the presence of a judge. 23 But if further harm results, they will pay a life for a life, 24 an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, 25 a burning for a burning, a wound for a wound, a bruise for a bruise.

26 “When a man strikes the eye of his male slave or his female slave and blinds the slave, he will free the slave because of the eye.

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Footnotes

  1. Exodus 21:18 These penalties have for their purpose to prevent abuse of the private vendetta. Seen in this perspective, the law of retaliation is a model of justice for that period.

18 And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed:

19 If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed.

20 And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.

21 Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.

22 If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.

23 And if any mischief follow, then thou shalt give life for life,

24 Eye for eye, tooth for tooth, hand for hand, foot for foot,

25 Burning for burning, wound for wound, stripe for stripe.

26 And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake.

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