Dear Rabbi Simon
In present day Judaism can I request a kofer payment for an actual violation of Ex. 21:24-25 & Lev. 24:19-21 by a care provider that resulted in complete teeth loss?
Thanks,
Sheina
Hi Sheina,
I am sorry to hear about a case of “complete teeth loss.” A tooth is very easy to take for granted unless and until one is deprived of it.
Turning to your question:
According to Rabbinic teaching (BK 83b-84a), the lex talionis (“law of retribution”=eye for an eye) formula of the Torah is intended only to indicate the gravity of the transgression (in causing physical harm to another person) but was never intended as a punishment to be imposed by a court of law. Among other considerations, “eye for an eye” taken literally may be retribution, but where is the restitution? Surely the victim deserves compensation. According to Talmudic teachings, s/he is indeed compensated by the perpetrator.
After an equitable due process, a Beth Din (Jewish Court of Law) should be able to provide some guidance in this case, but the “tooth for a tooth” of Ex. 21:24 will not be part of the judicial award.
Best wishes
Rabbi Rashi Simon