Things that People Think Are Biblical, but Really Aren’t: Lex Talionis.

 

I’ve heard many people say, “Well, you know what the Bible says, ‘an eye for an eye, and a tooth for a tooth.” Does the Bible actually say this? Yes, but before you cite it, there are some facts to learn about it.

It is stated in Exodus 21:

²³ If any harm follows, then you shall give life for life, ²⁴ eye for eye, tooth for tooth, hand for hand, foot for foot, ²⁵ burn for burn, wound for wound, stripe for stripe.

 

This is part of unofficial Jewish Law, after the giving of the 10 Commandments. A long list of things were being given out to the people of Israel, giving them a sense of depth and breadth of the Mosaic Law. This particular statement is based on the principle is sometimes referred using the Latin term lex talionis or the law of talion, means a retaliation authorized by law, in which the punishment corresponds in kind and degree to the injury. It comes from the Code of Hammurabi which was a Babylonian law code of ancient Mesopotamia, dating back to about 400 years before Moses.

The lex talionis is based on retributive justice, which means that people can retaliate in a restrained way. An eye for an eye means that if someone attacks you and destroys your eye, you can destroy their eye; you cannot kill them. It is based on a premise of justice as opposed to revenge. It was, for the time, a very enlightened and progressive perspective. In Exodus, Moses is saying that this old law of a different culture, should still be a part of Israel’s existence. It’s in the Bible, but it’s not necessarily a Biblical principle. It comes from ancient Mesopotamia.

Alas, that’s not my point, so before you say, “Thank you for the proof text, thank you for this verse,” and go on your merry way extracting eyes from people who have harmed you, please recognize something. Jesus disagrees with the Code of Hammurabi.

In Matthew 5 he says:

³⁸ "You have heard that it was said, 'An eye for an eye and a tooth for a tooth.' ³⁹ But I say to you, Do not resist an evildoer. But if anyone strikes you on the right cheek, turn the other also; ⁴⁰ and if anyone wants to sue you and take your coat, give your cloak as well; ⁴¹ and if anyone forces you to go one mile, go also the second mile. ⁴² Give to everyone who begs from you, and do not refuse anyone who wants to borrow from you. ⁴³ "You have heard that it was said, 'You shall love your neighbor and hate your enemy.' ⁴⁴ But I say to you, Love your enemies and pray for those who persecute you, ⁴⁵ so that you may be children of your Father in heaven; for he makes his sun rise on the evil and on the good, and sends rain on the righteous and on the unrighteous. ⁴⁶

To summarize this quickly, Jesus was not a fan of the Lex Talionis. He is replacing the old law with the new law and the new law is complex.

One of the great challenges Jesus gives us is something most of us would prefer to not deal with. Jesus was a pacifist. Passages like this reveal it. His behavior in the garden revealed it. His comments to Peter, who was willing to defend Jesus, reveals it. Jesus was a pacifist.

In early Christianity, before Constantine, all Christians were pacifists. It was forbidden to join the Roman Army and it was forbidden to take up arms. It was seen as acceptable to die for one’s faith, but never to kill for one’s faith. When Constantine made Christianity the official religion of the Roman Empire this changed. Now Christians could and did, fight for Rome. Since that time most Christians are not pacifists. There are exceptions. The Religious Society of Friends are pacifists. Churches from the Anabaptist tradition are pacifists. Most Christians are not.

I’m not going to make an argument for pacifism. I’m not a pacifist. I say that reluctantly as I wish I could be, but the world around us does not really allow for this. I say that knowing this is my opinion, nothing more or nothing less.

Jesus was opposed to the Lex Talionis because he could not or would not physically harm another person. He strove for mercy in everything he did. In our society we recoil when we hear of other cultures cutting the hands off thieves; yet we lament when we determine that prison conditions are too good. (The reality is that most people in prison live in deplorable conditions.) The simple reality is that most of us have little to no objection to having pain inflicted on wrong doers----as long as we are not the wrong doer or we are not related to them, of course.

There are tons of questions we can wrestle with. Jesus does not make this very easy for us. But there is one thing very clear. Jesus was opposed to the Lex Talionis. Next time you decree it to be Biblical, you may need to contrast the views from Exodus and Matthew. For Christians, we really do not believe in an eye for an eye, a tooth for a tooth. For Christians, that is not a Biblical principle.