1)

What does the Torah mean when it writes "Ayin Tachas Ayin"?

1.

Rashi, Ramban and Targum Yonasan: It means 1 that he must pay the victim's value 2 - as if he was being sold as an Eved. 3


1

It cannot mean literally 'an eye for an eye', because, as the Gemara explains in Bava Kama 83b & 84a, 'What if the eye of the striker is larger than the eye of the victim?' (the first of a number of reasons given there).

2

Rashi: Which explains why the Torah uses an expression of Nesinah ("Kein Yinasen bo") - 'something that is handed over from one person to another'.

3

Refer also to Sh'mos, 24:21:1:1 & 24:21:1:2. Refer also to 24:18:2:1*.

2)

Why does the Torah switch from "Kein Ye'aseh lo" in the previous Pasuk to "Kein Yinasen bo"?

1.

Bava Kama, 84a: Based on the principle that 'Nesinah' always pertains to money, it teaches us that the Mazik must pay for the damage 1 - and not suffer what he did to the Nizak, as implied in the previous Pasuk. 2


1

Refer also to 24:21:4:2.

2

See Torah Temimah, note 53, who elaborates.

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