What is the law of retribution?
Answered from the commentary of L. M. Grant, Edward Dennett, Arend Remmers and 1 other
The law of retribution is the legal rule of exact fairness: the judgment is to match the injury, “an eye for an eye, and a tooth for a tooth,” no more and no less. It was given for Israel’s judges and authorities, not as permission for a person to avenge a personal wrong, and it served as a warning against wrongdoing. For Christians, the teaching is to bear personal wrongs without retaliation, act in grace, and overcome evil with good, while civil authority remains responsible for punishing evil.
Verses: Exodus 21:23, Exodus 21:24, Exodus 21:25, Leviticus 24:19, Leviticus 24:20, Deuteronomy 19:16, Deuteronomy 19:17, Deuteronomy 19:18, Deuteronomy 19:19, Deuteronomy 19:20, Deuteronomy 19:21, Matthew 5:38, Matthew 5:39, Matthew 5:40, Matthew 5:41, Matthew 5:42
The above is AI generated summary based on the writers below.
What the commentators say
The passages the answer is drawn from, the most direct first, with the words that bear on the question marked.
The "law of requital" is the fifth of those the Lord Jesus refers to from the law and the traditions of those of old. "Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth" (Ex. 21:24; Lev. 24:20; Deut. 19:21). This well known expression of requital is often considered as characteristic of the law of Moses. However, this is too simple a way of looking at the law which had been given by God Himself on Mount Sinai, and which Paul considers not only just, but also holy and good (Rom. 7:12).
This law contained moral directions for the life of each Israelite, ceremonial directions (i.e. the laws of the offerings) for the children of Israel to serve God and also legal directions to regulate the daily life of the people. The principle of "an eye for an eye, and a tooth for a tooth" belongs to the latter group. It is not a principle for the conscience of a particular individual but a legal direction for the authorities and judges of Israel. This is clear from Exodus 21:22 and Deuteronomy 19:18 where the judges are expressly mentioned. The direction was based on the principle of absolute fairness in requiting the deed and was to be a warning and deterrent to the people (Deut. 19:20).
That the principle, "an eye for an eye," was only valid before the judges in Israel is also seen in the fact that vengeance was not permitted to the Jew. "Thou shalt not avenge, nor bear any grudge against the children of thy people, but thou shalt love thy neighbour as thyself" (Lev. 19:18). It is not correct to suppose the Lord Jesus was referring to it because the Pharisees might have allowed it.
In the first place, on God's part, we find Him enacting laws which exhibit strict, even-handed, perfect justice. "Eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe." Such was the character of the laws, the statutes, and the judgements by which God governed His earthly kingdom of Israel. Everything was provided for, every interest was maintained, and every claim was met. There was no partiality — no distinction made between the rich and the poor. The balance in which each man's claim was weighed was adjusted with divine accuracy, so that no one could justly complain of a decision. The pure robe of justice was not to be tarnished with the foul stains of bribery, corruption and partiality. The eye and the hand of a divine Legislator provided for everything; and a divine Executive inflexibly dealt with every defaulter. The stroke of justice fell only on the head of the guilty, while every obedient soul was protected in the enjoyment of all his rights and privileges.
Then, as regards man, it is impossible to read over these laws and not be struck with the disclosure which they indirectly, but really, make of his desperate depravity. The fact of Jehovah's having to enact laws against certain crimes, proves the capability, on man's part, of committing those crimes. Were the capability and the tendency not there, there would be no need of the enactments. Now, there are many who, if the gross abominations forbidden in these chapters were named to them, might feel disposed to adopt the language of Hazael and say, "Is thy servant a dog that he should do this thing?" Such persons have not yet travelled down into the deep abyss of their own hearts. For albeit there are crimes here forbidden which would seem to place man, as regards his habits and tendencies, below the level of a "dog," yet do those very statutes prove, beyond all question, that the most refined and cultivated member of the human family carries above, in his bosom, the seeds of the very darkest and most horrifying abominations. For whom were those statutes enacted? For man. Were they needful? Unquestionably. But they would have been quite superfluous if man were incapable of committing the sins referred to. But man is capable; and hence we see that man is sunk to the very lowest possible level — that his nature is wholly corrupt — that, from the crown of his head to the sole of his foot, there is not so much as a speck of moral soundness.
If one killed an animal belonging to another, he must make this good by giving him an animal of the same value. If one harmed another physically, he was to receive the same treatment himself, - "fracture for fracture, eye for eye, tooth for tooth" (vv. 19-20). This is righteous law pure and simple, justice without mercy. For a second time it is insisted that an animal killed required restitution, but the killing of a human called for the death penalty (v. 21). Of course animals were killed in sacrifice, but these were the property of the offerer.
If through physical striving a woman is caused an abortion, the person responsible must pay some recompense, as the woman's husband demands, or as was to be determined by a judge. If however there were bad results for the woman, the guilty party would be held responsible for this, and the judgment would be commensurate with the injury, — “eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe” (vv. 24-25). Of course, to literally pluck out one's eye because he had blinded another's eye, would not help the injured party. But he is entitled to a fair recompense.
In verse 38 the Lord quotes from Exodus 21:24. "An eye for an eye" is fully righteous recompense, expressing the firm inflexibility of the law. Of course the sentence must be passed by a judge, not by the offended party. If one takes the law into his own hands, he will practically in every case inflict worse treatment than he received.
Then we find further care taken as to witnesses, and this affirmed by the great law of just retribution; that is to say, that when a witness testified what was deliberately false, and of course therefore malicious, the punishment which would have been adjudged in case of its truth was ordered to fall on him that raised the evil report. All this is carefully seen to. "And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot."
"And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed: 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. And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished for he is his money. 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. And if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe. 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. And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake." (vv. 18-27.)
Two things only need be noted, leaving the details for the reader himself. The first is, that all these enactments reveal the tenderness of God in protecting the bodies of His people — and specially of those occupying a subject position. The second is, that we find here the true character of law. Grace is absent. It is eye for an eye, and tooth for a tooth, etc. Our blessed Lord especially cites these provisions to point out their contrast with grace. He says, "Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also." (Matt. 5:38-39.) On the ground of law an exact equivalent is demanded — no more, and no less; but grace can remit every claim; for dealt with in grace ourselves, our whole debt remitted, we must act on the same principle in our relationships with one another. Be it, however, never forgotten, that the foundation of grace itself is laid deep in righteousness, and hence it reigns through righteousness (Rom. 5:21), having thus been established upon an everlasting and immutable basis.
I have no doubt they were making a misuse of that communication: "An eye for an eye and a tooth for a tooth." It was not for them to avenge themselves, but it was given as instruction to the judges in their administration of justice. But we are called to more than righteousness. The Christian standard is vastly higher than the Jewish. "The grace of God that brings salvation to all men has appeared, teaching us that, denying ungodliness and worldly lusts, we should live soberly [as to ourselves], righteously [towards others] and godlily" [as regards God]. We should never act unrighteously, but graciously, and godlily. The principles of the kingdom of heaven show us we are to act graciously. The kingdom of heaven was "at hand" when the Lord was here; it is in "mystery" now that the King is on high; and by and by the kingdom will be in "power."
Under the old economy we find that the law laid down the principle, in righteousness, "An eye for an eye" (Ex. 21:24), thereby restraining the wrath of man. Otherwise he would have demanded two eyes for one, in vengeance. But here an entirely new principle is introduced. "I say unto you that ye resist not evil." It is the very opposite of nature, which loves to avenge itself. It is different from righteousness, which measures out even-handed justice. It is the beautiful spirit of grace, manifested in all perfection in Him who "when he was reviled, reviled not again; when he suffered, he threatened not." Even so the disciple should be more than righteous: he should be gracious, and while walking through this world, it is better to lose his "cloke" than give up those lovely principles of grace that mark him out as one who belongs to Christ.
Our Lord comes next to the case of any practical injury that may be done us. It is not that it is wrong for a man to punish according to the injury that has been inflicted upon another. "An eye for an eye, and a tooth for a tooth" is perfectly righteous; but our Lord intimates that we ought to be much more than righteous, we ought to be gracious; and He presses this as the climax of this part of the discourse. First, He had strengthened the righteousness of the law, extended its depths, and put aside its license; now He goes further. He shows that there is a principle in His own ways and life which teaches the Christian that he is not to seek retaliation. "But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also." It is clear the Lord has no reference here to what governments have to do. The New Testament is written for the Christian, for that which has a separate existence and a peculiar calling in the midst of earthly systems and peoples. It belongs to those who are heavenly while they are walking upon earth. We become such by the reception of Christ, and to such the Lord says, "Resist not evil; but whosoever shall smite thee on thy right cheek, turn to him the other also." Personal injury is meant here. The evil done may be ever so undeserved, but it has to be overcome with good. Show that you are willing to take even more for Christ's sake. "And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also." There the law is evoked: that is, a man lays a claim, perhaps falsely, to one part of your clothing, and if he will "sue thee at the law, and take away thy coat, let him have thy cloak also." Here it seems not exactly a man appealing to the law, but the public officers themselves. "And whosoever shall compel thee to go a mile, go with him twain." The great principle our Lord marks in this — whether it is human violence, or the law ever so hardly or wrongly applied, — that while, according to the law, you might go one step, according to the gospel you would go two. Grace does twice as much as the law, whatever may be the point in hand. It was never intended in anywise to supplant obligations or to lower responsibilities, but, on the contrary, to give power and force to everything that is righteous in the sight of God. The law might say, "An eye for an eye, and a tooth for a tooth;" here there is not only the endurance of that which is positively wrong, but grace that gives more than is asked. "The law was given by Moses; but grace and truth came by Jesus Christ." And this is one way of practically showing how far we value grace. It is not a question of the mere letter of our Lord's words. If you were to limit it merely to a blow on the face it would be a very poor thing; but the word of Christ is that which conveys to me the spirit that pleases God, and gives me the reality of grace. And grace is not the vindication of self nor the punishment of a wrong, but the endurance of evil and the triumph of good over it. Christ is speaking of what a Christian has to put up with from the world through which he passes. He is to receive tribulation as the discipline which God sees to be good for his soul; the great spectacle before men and angels — that there are men on this earth who are allowed and rejoice to suffer for Christ, because they have learned to give up their own will, to sacrifice their own rights, and to suffer wrongfully, looking onward to the day when the Lord will own whatever has been their sorrow for His sake, and when all evil shall be judged most solemnly at His appearing and kingdom.
Verses
- Exodus 21:23–2523But if mischief happen, then thou shalt give life for life, 24eye for eye, tooth for tooth, hand for hand, foot for foot, 25branding for branding, wound for wound, stripe for stripe.
- Leviticus 24:19–2019And if a man cause a blemish in his neighbour, as he hath done, so shall it be done to him; 20breach for breach, eye for eye, tooth for tooth as he hath caused a blemish in a man, so shall it be done to him.
- Deuteronomy 19:16–2116If an unrighteous witness rise up against any man to testify against him of an offence; 17then both the men between whom the controversy is shall stand before Jehovah, before the priests and the judges that shall be in those days; 18and the judges shall make thorough inquiry; and if the witness be a false witness, and he have testified falsely against his brother, 19then shall ye do unto him as he had thought to have done unto his brother; and thou shalt put evil away from thy midst. 20And those that remain shall hear, and fear, and shall henceforth commit no more any such evil in thy midst. 21And thine eye shall not spare life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.