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8.2.9 Negligent homicide incurs bloodguilt: the man who builds his
house without a parapet around the roof so that another falls to his
death incurs bloodguilt (Deut. 22:8).8.2.10 Murder must be proved by at least two witnesses (Num. 35:30).
8.3 Injury^72
The communal curse in Deuteronomy 27:24 of one who strikes his
neighbor in secret may refer to all assault and battery as well as
murder.8.3.1 The penalty for injury is talionic retribution (Lev. 24:19–20).
The exception is the woman who protects her brawling husband by
grabbing the other man’s testicles with force (he ̇eziqah). Her hand is
to be cut off(Deut. 25:11–12). Intention does not count, even though
she tried to save her husband rather than injure the victim.8.3.2 Unintentional injury, as in a brawl, does not incur talion.
Even if the injured party is bed-ridden, if he recovers, then the man
who inflicted the injury need only pay medical expenses and income
lost (Exod. 21:18).8.3.3 Exodus 21:22–25 deals with the case of brawling men who
accidentally strike a pregnant woman who miscarries. If there is no
"ason, the man who struck her will be punished according to the
desires of the woman’s husband and will render account. It is possible
that "ason means injury to the fetus, but it is hard to tell why the
early birth of a perfect baby would be considered a punishable injury.
More likely, the baby is lost in any case, and no "asonwould mean
that the mother is unhurt. Yet another possibility is that "ason refers
to the injurer rather than the injury, and no "asonwould mean that
the perpetrator cannot be found (and the community must take
responsibility).^73 If, however, there is an "ason, then the man must
pay according to the full recital of the rule of talion used for injuries:
a life for a life, an eye for an eye, a tooth for a tooth, a hand for
a hand, a foot for a foot, a stripe for a stripe, a welt for a welt, a
burn for a burn.^74(^72) Otto, Körperverletzungen...
(^73) Westbrook, “Lex Talionis...”
(^74) Houtman, “Eine schwangere Frau...”
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