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Alexander Seinfeld
Torah Entrepreneur

Oy for an aye??

Petr Novák, Wikipedia

My father z”l would occasionally season a conversation with random Yiddish words.

I suppose he heard these as a child from his grandparents – Iddish-reddendik (Yiddish-speaking) immigrants from Galicia.

Sometimes Yiddish can say it better than English. That’s why Americans know what chutzpah is and can recognize schmaltzy music when they hear it. And from my father I learned to call my in-laws (i.e., the parents of my child’s spouse) mechutanim.

Thus, in order to encourage a child’s movement on a lazy Sunday morning, he would say, “Get off your tuchus!”

The dictionary spells it tochus and I learned recently some consider it to be somewhat impolite.

Hmm… Tuchus literally means “bottom” and perhaps my West Coast upbringing is showing – but my father never uttered a profanity in his life so I refuse to allow his clean image be tarnished by such linguistic puritanism.

It comes from the Hebrew word tachat, which is used in the Torah in a very interesting way:

Ayin tachat ayin, shayn tachat shayn.

Translation: “An eye tachat an eye, a tooth tachat a tooth.”

Now, I know what you’re thinking.

You’re thinking, doesn’t it go, an eye for an eye, a tooth for a tooth?

That’s certainly what Christian’s translators say (or more vividly here).

Their imprecision is understandable. It helps underscore their message that Christianity must supplant Judaism because “Old Testament” law is unbearably harsh.

My friend Isaiah Cox points out that throughout the Torah, the term tachat always means an exchange for or comparison to something of lesser value. Whenever the Torah has something tachat something, the second item is beneath or below the first one.

In this case, exchange or compensation for the eye is money. Money is certainly of lesser value than the lost eye. Can any amount of money ever truly replace an eye – a device of incredible complexity and incalculable value? Compensating someone who lost an eye with money is the epitome of tachat.

Therefore the Torah’s most famous declaration of justice – ayin tachat ayin – is not at all retributive, rather is compensatory. That’s the literal meaning, without needing to resort to drash interpretation.

Question to ponder: If true compensation for such bodily harm is indeed impossible, why even bother assessing damages? Since the eye, or the tooth, or the life, cannot be restored, what’s the point of this imperfect justice?

Shabbat Shalom

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About the Author
Rabbi Alexander Seinfeld PhD is the Executive Director of Jewish Spiritual Literacy, Inc (JSLI.org), a nonprofit organization dedicated to revitalizing Jewish education and to fostering a paradigm shift in spiritual education in order to give every human being access to the incredible database of 3,000 years of Jewish wisdom. JSLI's current projects include Torah Health & Fitness (https://torahhealth.org) and the Amazing Jewish Fact-a-Day Calendar iPhone app - the only app that doesn't work on Shabbat! Enjoy his lively podcast at https://torahanytime.com/speakers/1397.
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