lex talionis

What’s In a Name?

10 Now an Israelite woman’s son, whose father was an Egyptian, went out among the people of Israel. And the Israelite woman’s son and a man of Israel fought in the camp, 11 and the Israelite woman’s son blasphemed the Name, and cursed. Then they brought him to Moses. His mother’s name was Shelomith, the daughter of Dibri, of the tribe of Dan. 12 And they put him in custody, till the will of the Lord should be clear to them.

13 Then the Lord spoke to Moses, saying, 14 “Bring out of the camp the one who cursed, and let all who heard him lay their hands on his head, and let all the congregation stone him. 15 And speak to the people of Israel, saying, Whoever curses his God shall bear his sin. 16 Whoever blasphemes the name of the Lord shall surely be put to death. All the congregation shall stone him. The sojourner as well as the native, when he blasphemes the Name, shall be put to death.

17 “Whoever takes a human life shall surely be put to death. 18 Whoever takes an animal’s life shall make it good, life for life. 19 If anyone injures his neighbor, as he has done it shall be done to him, 20 fracture for fracture, eye for eye, tooth for tooth; whatever injury he has given a person shall be given to him. 21 Whoever kills an animal shall make it good, and whoever kills a person shall be put to death. 22 You shall have the same rule for the sojourner and for the native, for I am the Lord your God.” 23 So Moses spoke to the people of Israel, and they brought out of the camp the one who had cursed and stoned him with stones. Thus the people of Israel did as the Lord commanded Moses. – Leviticus 24:10-23 ESV

The entire book of Leviticus stresses the holiness of God and promotes a lifestyle of holiness among His chosen people. As His treasured possession, they were to emulate His divine nature by faithfully observing all the rules for holy living He had decreed and that were intended to set them apart from the rest of the nations. In obeying His commands, observing His holy days, and offering the ritual sacrifices He required, they would be honoring Him as the one true God. Their obedience was to be a sign of obeisance or homage. It was the primary means by which they could prove their submission to His will and reverence for His name.

Throughout the book of Leviticus, God is referred to by His name Jehovah, which means “the existing one.” In the Hebrew Scriptures, God’s name is recorded as YHWH because the vowels were not included in written form. This is what’s known as the tetragrammaton, which simply means “four letters.” Some versions of the Bible translate the tetragrammaton as “Yahweh” by adding in the missing vowels. Others choose to translate it as “LORD” using all capital letters. Others still, choose to replace YHWH with Jehovah.

“Any number of vowel sounds can be inserted within YHWH, and Jewish scholars are as uncertain of the real pronunciation as Christian scholars are. Jehovah is actually a much later (probably 16th-century) variant. The word Jehovah comes from a three-syllable version of YHWH, YeHoWeH. The Y was replaced with a J (although Hebrew does not even have a J sound) and the W with a V, plus the extra vowel in the middle, resulting in JeHoVaH. These vowels are the abbreviated forms of the imperfect tense, the participial form, and the perfect tense of the Hebrew being verb (English is)—thus the meaning of Jehovah could be understood as ‘He who will be, is, and has been.’” – www.gotquestions.org

The Jews developed such a reverence for the name of God, that they eventually stopped trying to say it aloud. Instead, they replaced YHWH with the word Adonai, which means “Lord.” While it is almost impossible to know the exact pronunciation of YHWH because we don’t know the identity of the missing vowels, we do know that the Jews treated the name of God with great reverence.

As we saw earlier, the book of Leviticus repeatedly identifies God speaking to His people by using the phrase, “The LORD spoke to Moses…” (Leviticus 24:1 ESV). This is the name YHWH or Jehovah and it is meant to accentuate the unique relationship between God and His people. This is not just any god, but the one true God, the self-existing one, and the people were expected to listen to what He had to say and do exactly what He commanded them to do. Their obedience would prove their reverence for His name.

That brings us to this section of Leviticus 24, where Moses includes a narrative involving a real-life situation that was meant to illustrate the sanctity and holiness of God’s name. In all the talk of feasts, holy days, celebrations, sacrifices, and sabbath rest, the people were never to allow themselves to treat God’s name with disrespect. What made the Tabernacle holy was the One who dwelled within it. What made the people of Israel holy was the One whose name they bore. And they were to treat that name with reverence and awe at all times.

So, at his point in the narrative, Moses includes an example of a young man who chose to take God’s name in vain, in direct violation of the third commandment: “You shall not take the name of the Lord your God in vain, for the Lord will not hold him guiltless who takes his name in vain” (Exodus 20:7 ESV). God’s name was a representation of His divine nature. It embodied all of His attributes and was meant to convey the totality of His being, especially His glory. This led the psalmists to write:

O LORD, our LORD, how majestic is your name in all the earth! – Psalm 8:1 ESV

Holy and awesome is his name! – Psalm 111:9 ESV

In providing His disciples with what has become known as The Lord’s Prayer, Jesus opened with the words, “Our Father in heaven, hallowed be your name…” (Matthew 6;9 ESV). This might better be translated, “Let your name be kept holy” or “Let your name be treated with reverence.”

Yet, Moses describes a real-life scenario where a young man chose a different tact. The son of an Israelite mother and an Egyptian father, this young man got into an altercation with another Hebrew. Moses provides no details regarding the cause of their fight but it would be easy to assume that it had something to do with the young man’s mixed-race background. But whatever happened between these two men, Moses did not include the cause because there was no justification for the young man’s actions. Moses simply states, “the Israelite woman's son blasphemed the Name, and cursed” (Leviticus 24:11 ESV).

In the heat of their argument, the young man “blasphemed” God’s name. The Hebrew word, nāqaḇ, can mean “to bore a hole, pierce” or “to declare distinct by specifying the name.” It seems that this young man used God’s name in an unholy and derogatory manner. He treated it with contempt. And not only that, he “cursed.” The Hebrew word is qālal, and it means “to curse, treat lightly, treat with contempt, consider unimportant.” In his anger, this young man denigrated the holy name of God. He used it as a weapon against His Israelite opponent. And for his actions, the young man was condemned to death.

“Bring out of the camp the one who cursed, and let all who heard him lay their hands on his head, and let all the congregation stone him.” – Leviticus 24:14 ESV

Evidently, this altercation took place before witnesses and these individuals were not only expected to testify against the guilty party but to take part in his execution. They were to stand before the entire congregation and lay their hands on the young man, signifying his guilt and justifying his death. While this story may offend our modern sensibilities, it should provide us with a powerful lesson on the holiness of God. Even the misuse of His name is grounds for judgment because everything about Him is to be treated with appropriate reverence and awe. In God’s economy, the punishment fit the crime. This young man had chosen to treat God’s name in a disrespectful manner and he paid dearly for it. And his death served as a stark reminder to the rest of the nation of Israel that YHWH demanded that He be treated with the reverence He so rightly deserved. And anyone who chose to disregard this command was to suffer the consequences.

Whoever curses his God shall bear his sin… – Leviticus 24:15 ESV

This story provided a natural segue to the next section, in which God outlines the law of retribution, also called the law of retaliation or lex talionis. It is sometimes referred to by the phrase, “an eye for an eye.” These verses outline God’s divine principle concerning justice: The punishment should fit the crime. 

When it came to the unlawful taking of life, God prescribed a just punishment for such a crime.

“Whoever takes a human life shall surely be put to death. Whoever takes an animal's life shall make it good, life for life.” – Leviticus 24:17-18 ESV

Anyone who willfully took the life of another human was to pay with their own life. If they caused the death of another individual’s livestock, they were to make restitution by providing a substitute animal. When it came to other crimes or abuses, God outlined a principle of equitable recompense.

“If anyone injures his neighbor, as he has done it shall be done to him, fracture for fracture, eye for eye, tooth for tooth; whatever injury he has given a person shall be given to him.” – Leviticus 24:19-20 ESV

These verses seem to be teaching a need for balance in all things. In truth, they were designed to prohibit unlawful and unbalanced vengeance. Capital punishment would be an unjust punishment for bodily injury. Anger over an injustice suffered could easily result in payback that was way out of proportion and a sin in its own right. These regulations were meant to control unjust vendettas and police vigilantism. Back in chapter 19, Moses records God’s admonition concerning improperly motivated revenge or retribution.

“Do not nurse hatred in your heart for any of your relatives. Confront people directly so you will not be held guilty for their sin. Do not seek revenge or bear a grudge against a fellow Israelite, but love your neighbor as yourself. I am the Lord.” – Leviticus 19:17-18 NLT

After the rather strange aside involving the young man who blasphemed and cursed God’s name, Moses concludes chapter 24 with the stark summary: “and they brought out of the camp the one who had cursed and stoned him with stones. Thus the people of Israel did as the Lord commanded Moses” (Leviticus 23:23 ESV). The guilty party was dealt with according to God’s command. The people obeyed and gave the young man what he justly deserved. And this difficult assignment must have made an indelible impact on the entire Hebrew community. It would have been impossible to walk away unmoved or unimpressed by the severity of the judgment and the seriousness with which God took the holiness of His name. All the laws, rules, regulations, and religious rituals they had received from God would mean nothing if they failed to honor and revere His name. Without a proper respect for His character, as displayed by His very name, the peoples’ obedience would be meaningless and their observance of His feasts and holy days would be in vain. One of the greatest demonstrations of obedience is a reverence for the character of God as illustrated by His very name.

English Standard Version (ESV) The Holy Bible, English Standard Version. ESV® Permanent Text Edition® (2016). Copyright © 2001

New Living Translation (NLT) Holy Bible, New Living Translation, copyright © 1996, 2004, 2015 by Tyndale House Foundation. Used by permission of Tyndale House Publishers Inc., Carol Stream, Illinois 60188. All rights reserved.

Take Ownership

33 “When a man opens a pit, or when a man digs a pit and does not cover it, and an ox or a donkey falls into it, 34 the owner of the pit shall make restoration. He shall give money to its owner, and the dead beast shall be his.

35 “When one man’s ox butts another’s, so that it dies, then they shall sell the live ox and share its price, and the dead beast also they shall share. 36 Or if it is known that the ox has been accustomed to gore in the past, and its owner has not kept it in, he shall repay ox for ox, and the dead beast shall be his.

1 “If a man steals an ox or a sheep, and kills it or sells it, he shall repay five oxen for an ox, and four sheep for a sheep.” – Exodus 21:33-22:1 ESV

In these verses, the focus of the commandments shifts to the topic of restitution but particularly in cases involving domesticated animals. In an agrarian culture, animals were a daily part of life. They were a source of food and labor but were also prone to unpredictable behavior. Tens of thousands of goats, sheep, and oxen accompanied the Israelite community as they made their way from Egypt to Canaan and, as personal property, the responsibility for these animals fell to their rightful owners. While domesticated, these creatures could still cause property damage or personal injuries.

God has already dealt with the rare case of an ox goring someone to death. At first glance, this seems like such an unlikely scenario, but it provides a principle regarding the need for personal responsibility. The owner of the ox must take ownership of its actions. In this case, the ox is to be stoned to death. This supports the overall legal principle known as lex talionis.

“…if there is further injury, the punishment must match the injury: a life for a life, an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, a burn for a burn, a wound for a wound, a bruise for a bruise.” – Exodus 21:23-25 NLT

In Latin, lex talionis means “law of retaliation.” Essentially, it was a law designed to regulate retaliation. Its primary goal was to ensure that the punishment fit the crime and to prevent an unbalanced response in the form of revenge. People were not to take matters into their own hands and mete out a disproportionate degree of justice. God’s law demanded that all penalties for crimes committed be equitable rather than excessive.

God even provided details concerning an ox that was a repeat offender. If an ox was prone to violent behavior, it was the responsibility of the owner to protect his neighbors from any harm. If he failed to do so and the ox ended up killing again, both the ox and the owner would be condemned to death. But God provided a way for the owner to escape death by redeeming himself through the payment of a ransom.

“However, the dead person’s relatives may accept payment to compensate for the loss of life. The owner of the ox may redeem his life by paying whatever is demanded.” – Exodus 21:30 NLT

To our modern sensibilities, these cases seem strange and unnecessary. But to the Israelites, these kinds of scenarios were a regular part of daily life. These laws made sense and provided much-needed guidelines for how to deal with the inevitable conflicts that accompanied life in a fallen world.

God wanted His people to take personal responsibility for their actions. Their behavior was important and there was no excuse for negligence. Sins of commission and omission were equally wrong and had to be dealt with properly. If a man dug a pit and someone else’s ox or donkey fell into it, he was responsible for the outcome.

“The owner of the pit must pay full compensation to the owner of the animal, but then he gets to keep the dead animal.” – Exodus 21:34 NLT

He couldn’t just write it off as bad luck. He was not free to excuse his liability by saying, “Accidents will happen.” Justice must be served. Compensation must be made. Legal liability is a biblical principle that is intended to regulate human behavior. In a world where everyone wants to dismiss their culpability and avoid any and all liability for their actions, God inserted a non-negotiable principle of personal responsibility. We are to own our actions. If the tree I planted falls on my neighbor’s house, I am to take responsibility for it and make restitution. If my dog bites a child, I am not free to excuse its actions by saying, “Dogs will be dogs.” God expects me to do the right thing.

All of these laws are intended to help God’s people reflect God’s character. He is a God of justice, mercy, and grace. He always does what is right and good, and He expects His covenant people to mirror His ways. But because sin has infected our world and heavily influenced our hearts, He has given us His law to show us how to do the good and right thing. Left to our own devices, we would naturally deflect blame and deny responsibility, but God will not allow us to do so.

In a sense, God is stating that personal property is an extension of the individual. An ox that kills is the responsibility of its owner. A man who steals a sheep or goat is actually committing a crime against the animal’s owner. He is dishonoring and devaluing that individual by his actions, and God expects him to make restitution.

“…the thief must pay back five oxen for each ox stolen, and four sheep for each sheep stolen.” – Exodus 22:1 NLT

No excuses accepted. No justification allowed. Each individual was expected to make things right; to do the right thing. God was attempting to create a community where justice prevailed and love permeated every interaction. God expected His people to live holy, set-apart lives that were distinctively different than their neighbors. They were to be a light to the world, living together in an atmosphere of unity and mutual accountability. As the psalmist said, “How wonderful and pleasant it is when brothers live together in harmony!” (Psalm 133:1 NLT).

And that was God’s desire for His people.

English Standard Version (ESV) The Holy Bible, English Standard Version. ESV® Permanent Text Edition® (2016). Copyright © 2001

New Living Translation (NLT) Holy Bible, New Living Translation, copyright © 1996, 2004, 2015 by Tyndale House Foundation. Used by permission of Tyndale House Publishers Inc., Carol Stream, Illinois 60188. All rights reserved.

The Life of Self-Sacrifice.

“You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also. And if anyone would sue you and take your tunic, let him have your cloak as well. And if anyone forces you to go one mile, go with him two miles. Give to the one who begs from you, and do not refuse the one who would borrow from you.” – Matthew 5:38-42 ESV

Now Jesus shifts His focus to what was known as the “law of retaliation” or lex talionis in Latin. This was a very common practice in the ancient Near East. And the Mosaic law made provision for it. Exodus 21:23-25 reads:“But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.” The book of Leviticus provides further insight into how this law was to be applied:

“Whoever takes a human life shall surely be put to death. Whoever takes an animal’s life shall make it good, life for life. If anyone injures his neighbor, as he has done it shall be done to him, fracture for fracture, eye for eye, tooth for tooth; whatever injury he has given a person shall be given to him. Whoever kills an animal shall make it good, and whoever kills a person shall be put to death. You shall have the same rule for the sojourner and for the native, for I am the Lord your God.” – Leviticus 24:17-22 ESV

This was a corporate law, to be applied and overseen by the ruling authorities. It was not to be applied by individuals against individuals. But the Jews had lifted this law out of its context and extended its intended meaning. They had turned it into an excuse for personal retribution, with no jurisdiction by any legal authorities. The problem with that interpretation was that it had no end. It would lead to an escalating form of violence as each offended party attempted to out-do the other in terms of payback. Yet, this law had actually been intended to limit and legislate vengeance. It was prescriptive and restrictive, and was meant to defend against vigilante-style justice. The last thing any society needs is its citizens taking matters into their own hands when it comes to retribution for harm done.

But the Jews had a distorted understanding of this law. They were actually using it as justification for enacting revenge on those who did them harm. In their minds, lex talionis made payback a viable option in any and all cases. In other words, they believed it taught that retribution was permitted by God and, therefore, was justifiable. But Jesus was out to confront their perception with reality.  He was going to teach them that God preferred that they pay back evil with good. They were to seek reconciliation, not retribution. Jesus provides them with a list of requirements that directly contradicted their understanding oflex talionis.

“Do not resist the one who is evil”
“Turn the other cheek”
“Give your cloak as well”
“Go the extra mile”
“Give to the one who begs”
“Don’t refuse the one who would borrow from you”

What is Jesus saying? He is refuting their distorted, self-focused view and teaching against a spirit of retaliation and retribution. He is NOT denying the right to self-defense. He is NOT promoting pacifism. He is teaching a change of heart that allows us to respond in love, not anger. It was the very life that Jesus lived and modeled while He was on this earth. The prophet, Isaiah, had predicted that the Messiah, when He came, would suffer oppression and harsh treatment. But He would not retaliate.

He was oppressed and treated harshly, yet he never said a word. He was led like a lamb to the slaughter. And as a sheep is silent before the shearers, he did not open his mouth. Unjustly condemned, he was led away. – Isaiah 53:7-8 ESV

On the night that Jesus was betrayed and arrested, He assured His disciples that this was all part of the fulfillment of Isaiah’s prophecy concerning Him. He could have retaliated, but He chose not to.

Then the others grabbed Jesus and arrested him. But one of the men with Jesus pulled out his sword and struck the high priest’s slave, slashing off his ear.

“Put away your sword,” Jesus told him. “Those who use the sword will die by the sword. Don’t you realize that I could ask my Father for thousands of angels to protect us, and he would send them instantly? But if I did, how would the Scriptures be fulfilled that describe what must happen now?” – Matthew 26:50-54 NLT

When Jesus was brought before the high priest after His arrest, He did not lash out, but instead, He fulfilled the very words of Isaiah.

Then the high priest stood up before the others and asked Jesus, “Well, aren’t you going to answer these charges? What do you have to say for yourself?” But Jesus was silent and made no reply. – Mark 14:60-61 NLT

Jesus provides His listeners with five practical illustrations of what this life of self-sacrifice might look like.

Turn the other cheek – be willing to suffer shame for the sake of the kingdom and the salvation of the lost

Let him have your cloak as well – be willing to suffer loss for the sake of the kingdom and the salvation of the lost

Go with him two miles – be willing suffer inconvenience for the sake of the kingdom and the salvation of the lost

Give to the one who begs from you – be willing to suffer being taken advantage of for the sake of the kingdom and the salvation of the lost

Do not refuse the one who would borrow from you – be willing to suffer financial loss for the sake of the kingdom and the salvation of the lost

In his letter to the Romans, the apostle Paul sums up what Jesus is saying:

Never pay back evil with more evil. Do things in such a way that everyone can see you are honorable. Do all that you can to live in peace with everyone.

Dear friends, never take revenge. Leave that to the righteous anger of God. For the Scriptures say,

“I will take revenge; I will pay them back,” says the Lord.

Instead, “If your enemies are hungry, feed them. If they are thirsty, give them something to drink. In doing this, you will heap burning coals of shame on their heads.”

Don’t let evil conquer you, but conquer evil by doing good. – Romans 12:17-21 NLT

Do you see how radical and revolutionary all of this would have been to Jesus’ listeners? Jesus was contrasting the law of retaliation with the law of love. He was calling people to a life of self-sacrifice and a ministry of reconciliation, not revenge. He was telling that the blessed or those who were approved by God would be the ones who understood their calling to give their lives away, rather than get even. Once again, Jesus was not teaching something new, but was clarifying what the Scriptures had always taught. The book of Proverbs numerous admonitions concerning the life of loving patience and reconciliation.

Sensible people control their temper; they earn respect by overlooking wrongs. – Proverbs 19:11 NLT

If your enemies are hungry, give them food to eat. If they are thirsty, give them water to drink. You will heap burning coals of shame on their heads, and the Lord will reward you. – Proverbs 25:21-22 NLT

Revenge simply perpetuates the problem. Retribution, rather than solving anything, only results in further retaliation and escalating tension. That’s why Paul would encourage the believers in Corinth by telling them:

Bless those who persecute you. Don't curse them; pray that God will bless them. – Romans 12:14 NLT

And this was not something Paul taught, but failed to live out on his own. He held himself to the same exacting standard.

We bless those who curse us. We are patient with those who abuse us. We appeal gently when evil things are said about us. Yet we are treated like the world’s garbage, like everybody’s trash—right up to the present moment. – 1 Corinthians 4:12-13 NLT

The apostle Peter would also encourage his readers to follow the teachings of Jesus and the example He had given with His own life.

Don’t repay evil for evil. Don’t retaliate with insults when people insult you. Instead, pay them back with a blessing. That is what God has called you to do, and he will bless you for it. For the Scriptures say, “If you want to enjoy life and see many happy days, keep your tongue from speaking evil and your lips from telling lies. Turn away from evil and do good. Search for peace, and work to maintain it. The eyes of the Lord watch over those who do right, and his ears are open to their prayers. But the Lord turns his face against those who do evil.” – 1 Peter 3:9-12 NLT

Peter quotes from Psalm 34, a psalm of David. And he uses the words of David to remind his audience that God rewards or blesses those who live according to His laws and standards. But the ability to live in accordance with God’s laws is impossible apart from the presence of the Holy Spirit of God. And the Spirit is only available to those who have placed their faith in Jesus Christ as their Savior. Paul, Peter and Jesus were teaching that his new life of self-sacrifice was impossible apart from the grace of God revealed in Christ alone and available through faith alone. Jesus knew that what He was teaching was beyond the capacity of His audience to carry out. They were incapable of living, loving, sacrificing and responding in the way Jesus was commanding. They might be able to pull of their distorted understanding of the law of retaliation, but when it came to the law of love, they were going to need help. They were going to require a righteousness they didn’t have and a strength they did not possess.

English Standard Version (ESV)

The Holy Bible, English Standard Version. ESV® Permanent Text Edition® (2016). Copyright © 2001 by Crossway Bibles, a publishing ministry of Good News Publishers.

New Living Translation (NLT)
Holy Bible, New Living Translation, copyright © 1996, 2004, 2015 by Tyndale House Foundation. Used by permission of Tyndale House Publishers Inc., Carol Stream, Illinois 60188. All rights reserved.

The Message (MSG)Copyright © 1993, 1994, 1995, 1996, 2000, 2001, 2002 by Eugene H. Peterson