Exodus 21:23-25

The Lex Talionis. But if any mischief happen, then compensation is to be made on the principle of the lex talionis. Vv.23 25 are, however, worded quite generally, and mention many injuries not at all likely to happen to the woman in the special case contemplated in v.22, or even to the combatants themselves (injuries to whom Di. thinks might be included in the -mischief" meant): hence, probably, either (Budde, Bä.) vv.23 25 are misplaced, and should be transposed to follow vv.18, 19 (where the quarrel is of a more general kind, and serious consequences are contemplated as happening to one other of the combatants), or (McNeile) -mischief" in v.22 means definitely the woman's death, and v.23 assigns the penalty for it, and vv.24, 25 are -an abridged summary of the laws of retaliation, which has been added here though it is not relevant to the case in point the death of the woman." Similar specifications of the application of the lex talionisare given in Deuteronomy 19:21 (in the special case of the punishment to be awarded to a malicious witness: cf. Ḥamm. §§ 3, 4, for cases of false witness), and Leviticus 24:18; Leviticus 24:20 (H), in the case of any injury (-blemish") done to a neighbour. Comp. Matthew 5:38.