Here Rabbi Buchwald basically explains what I was trying to say:
http://rabbibuchwald.njop.org/2008/12/22/mikeitz-5769-2008/.
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The Talmud in Bava Kama 83b, records a discussion among the rabbis questioning the rabbinic insistence on monetary compensation. “Does not the Divine law say an ‘eye for an eye’?” ask the rabbis. Does this not mean to literally take out the eye of the offender? The rabbis however reject this reasoning, insisting that the idea of retributive justice not enter anyone’s mind. Furthermore, even if one might conclude that the offender’s eye be put out, arm cut off, or leg broken, this can not be correct because of the biblical verse in Leviticus 24 that states, “He who smiteth any man…and he who smiteth a beast.” Say the rabbis: Just as in the case of wounding a beast, monetary compensation is to be paid, so in the case of wounding a man, only monetary compensation is to be paid. Furthermore, the Bible states (Numbers 35:31), that one may not take ransom in exchange for the life of a murderer who is deserving of death. However, it is only for the life of a murderer that one may not take ransom. But, a ransom may be taken for damage to limbs, even though they can not be restored.
With these statements, Judaism revolutionized ancient legal practices, insisting that physical damages be compensated by monetary payment rather than through retaliation.
On the other hand, Judaism clearly assumes that heavenly justice is dispensed by the “measure for measure” principle. Rabbi Judah is recorded in Sotah 8b, to have said (Rabbi Meir is similarly cited in Sanhedrin 100a): How do we know that a person is evaluated in heaven in the same manner that he evaluates other people in this world? As it is said (Isaiah 27:8): “By measure in sending her away thou does contend with her.”
Frequent examples are found in the Torah affirming that heavenly punishment is meted out Middah k’neged middah, measure for measure.
The Talmud in Erachin 16b, points out that a person stricken with Tzaraat for speaking evil of others is sent out of the camp. After all, since this person separated a man from his wife, or a man from his friend by speaking evil against them, the Torah decrees (Leviticus 13:46): “Let him dwell alone.”
The Talmud in Sotah 11a, notes that the Egyptians, who cast Jewish children into the waters, were themselves punished by water. As the Bible says in Exodus 18:11 “Asher zadu,” as the Egyptians schemed, meaning literally that they were cooked in their own pot. The rabbis in Megillah 12b, suggest that Vashti was ordered by Ahasuerus to appear naked at his party to show her beauty to all, as punishment for forcing the Jewish girls to come naked and work for her on Shabbat. As it says in Esther 2:1, that which she has done, and that which was decreed against her.
Fortunately, the Al-mighty’s practice of compensating measure for measure applies not only for evil, but also for good. Therefore, in Numbers 12, when Miriam is stricken with Tzaraat for speaking against Moses, the people wait seven days for her to heal, to reward her for watching over baby Moses when he was placed in the bulrushes at the river (Exodus 2:4).
Similarly, since Joseph went to extraordinary lengths to make certain that his father was buried properly in the land of Israel, he merited that Moses would personally carry Joseph’s bones out of Egypt, to ensure that he too would ultimately be buried in the land of Canaan. Because of the kindness he rendered to Joseph, Moses was compensated as well, meriting to be buried by the Al-mighty Himself (Talmud, Sotah 9b).
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Topic: An eye for an eye - Ramban's understanding (Read 2158 times)