出埃及記 21:23 註釋：Rashi, Rashbam, Or HaChaim & Rabbeinu Bahya

ואם אסון יהיה AND IF THERE BE ANY FURTHER MISCHIEF — in the case of the woman,

ונתתה נפש תחת נפש. There will not be additional financial damages payable.

ונתתה נפש תחת נפש, "you shall give life for life." The meaning of these words is disputed. The Mechilta quotes opinions according to which the Torah speaks of an actual death penalty even though the killer had intended to kill another party, whereas other sages hold that the Torah speaks of monetary compensation for such a life (unborn child). According to the latter opinion the words ונתתה, "you shall give," are most appropriate seeing that monetary compensation is something that is given from one hand to another. According to the opinion that the Torah speaks of an actual death penalty, we must understand the word ונתתה as contrast to the situation described in verse 22 when no fatality occurred; instead of monetary compensation for the injury described in verse 22, something involving several types of payments such as for pain, shame, etc; in this instance there is only one exchange, i.e. the life of the guilty party for the harm done. We have learned previously that whenever a party is guilty of the death penalty no additional fines are imposed. The exception is a situation we have described in verse 18 when death did not occur promptly.

ונתת נפש תחת נפש THEN THOU SHALT GIVE SOUL FOR SOUL. Our Rabbis differ as to the explanation of the word נפש the first time it occurs here. There are some who say that it actually signifies “life” (i. e. life for life), others say that it means monetary compensation but not literally life, and they say that this must be so because he who intends to kill a certain person and inadvertently kills another instead, (as is the case here), is exempt from the death penalty, and has only to pay to his heirs his value estimating this as though he were sold as a slave in the market (Sanhedrin 79a).