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CHAPTER SIX - Lex Talionis

Published online by Cambridge University Press:  17 November 2009

Pamela Barmash
Affiliation:
Washington University, St Louis
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Summary

IN THE Hebrew Bible, an individual found guilty of intentional killing was subject to the most severe penalty, execution. In our analysis of the polluting effects of homicide, we observed that the only means of removing the defilement caused by a homicide was the execution of the intentional killer or the death of the high priest in the case of an accidental killer. The execution of the intentional killer is warranted for another reason, and in order to illuminate this aspect of the punishment, we must turn to another legal text. The sole focus of Lev 24:17–21 is to highlight the punishment for assault and for killing, whether the victim is a human being or an animal:

If a man strikes another and kills him, he shall surely be killed. The one who strikes an animal and kills it shall make restitution, a life for a life. If a man maims his fellow, as he has done so shall it be done to him, a fracture for a fracture, an eye for an eye, a tooth for a tooth, as he maims a man so shall it be done to him. The one who strikes an animal [and kills it] shall make restitution, and the one who strikes a man [and kills him] shall be killed. You shall have one law for both resident alien and citizen, for I am the Lord your God.

In order to understand Lev 24:17–21, we must analyze its literary form.

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Publisher: Cambridge University Press
Print publication year: 2004

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  • Lex Talionis
  • Pamela Barmash, Washington University, St Louis
  • Book: Homicide in the Biblical World
  • Online publication: 17 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614170.007
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  • Lex Talionis
  • Pamela Barmash, Washington University, St Louis
  • Book: Homicide in the Biblical World
  • Online publication: 17 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614170.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Lex Talionis
  • Pamela Barmash, Washington University, St Louis
  • Book: Homicide in the Biblical World
  • Online publication: 17 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614170.007
Available formats
×