**How Were Personal Injuries Judged?
The laws given after the Ten Commandments in Exodus 21–23 outline one of the earliest structured systems for judging personal injuries. These laws formed the foundation of Israel’s civil justice, providing a framework that balanced justice, responsibility, and compassion. They were not merely punitive; they aimed to restore what was damaged, uphold human dignity, and maintain community order.
This article explores how personal injuries were judged, the principles behind these judgments, and the various situations addressed in the biblical law.
1. The Governing Principle: Proportional Justice
The fundamental rule guiding judgments for personal injury was the principle of proportionate justice, famously expressed as:
“Eye for eye, tooth for tooth…” (Exodus 21:23–25)
This law, called the lex talionis, did not promote revenge but ensured:
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The penalty matched the harm done
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Excessive punishment was avoided
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Social equality was upheld (the same law applied to all)
In practice, this principle often resulted not in literal physical retaliation, but in monetary or compensatory payment equivalent to the injury.
2. Intentional vs. Unintentional Harm
Biblical law distinguished between intentional assault and accidental injury, assigning different consequences to each.
A. Intentional Harm
If a person attacked another deliberately and caused injury, they were held fully accountable.
Penalties included:
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Compensation for loss of time
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Payment for medical expenses
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In severe cases, life-for-life penalties
Example: If someone struck another with a stone or fist so that the victim was bedridden, the offender had to pay for the victim’s recovery until fully healed (Exodus 21:18–19).
B. Unintentional Harm
If the injury was accidental, the law required fair restitution but did not treat the offender as a murderer.
Cases of accidental harm included:
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Accidental killing (manslaughter)
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Unintentional injuries caused by animals
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Harm resulting from negligence
The law provided cities of refuge where someone who killed unintentionally could flee for protection from revenge until a fair trial determined guilt (Numbers 35).
3. Injuries Caused by Animals
A frequent issue in ancient agrarian societies was harm caused by livestock, especially oxen.
A. First-Time Ox Attack
If an ox gored someone unexpectedly, the ox was killed, but the owner was not punished (Exodus 21:28).
This emphasized that accidents could happen without fault.
B. Negligent Animal Ownership
If the ox had a history of aggression and the owner failed to restrain it:
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The owner was guilty of negligence
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Compensation—or even death penalty—could follow (Exodus 21:29–31)
In many cases, the owner could pay a ransom instead of losing their life, highlighting the law’s flexibility and fairness.
4. Injuries During Conflicts
The law even covered injuries resulting from fights.
Harm to Pregnant Women
If men were fighting and a pregnant woman was injured:
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If only premature birth occurred without harm:
A fine was imposed, determined by the woman’s husband and the judges -
If serious harm followed:
The principle of “life for life, eye for eye…” applied (Exodus 21:22–25)
This ensured accountability even when harm was unintended.
5. Injuries to Servants
Biblical law also protected servants—persons who in many cultures had little to no legal rights.
A. Permanent Injury
If a master caused serious injury to a servant, such as:
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Loss of an eye
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Loss of a tooth
The servant was granted immediate freedom as compensation (Exodus 21:26–27).
This was unprecedented in ancient law and showed God’s insistence on the dignity of all individuals.
6. Property-Related Injuries
Sometimes injuries happened due to unsafe conditions.
Uncovered Pits
If someone dug a pit and failed to cover it properly:
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They were responsible for any animal that fell in
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They had to repay the owner the full value (Exodus 21:33–34)
Though this concerns animals, the principle clearly applies to personal injury as well:
Negligence brings liability.
7. Compensation and Restitution
The law emphasized restoration, not simply punishment.
Compensation covered:
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Medical costs
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Loss of work
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Damage to property
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Restoration of livelihood
The goal was to return the injured party as close as possible to their previous state.
8. The Role of Judges
In cases where the penalty was not fixed, judges determined:
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The degree of harm
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The appropriate financial compensation
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Whether intent was involved
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Whether negligence contributed
This ensured that each situation was evaluated individually with fairness.
Conclusion
Personal injuries in biblical law were judged through a carefully balanced system founded on justice, responsibility, and human dignity. The laws emphasized:
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Proportionate judgment
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Clear distinctions between intent and accident
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Protection of vulnerable individuals
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Accountability for negligence
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Restoration rather than revenge
These principles laid the groundwork for many modern legal systems and reflect a God who cares not only about worship but also about the fair and compassionate treatment of one another.