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6

Even before the Gemara, the Mishna on Bava Kamma 83b makes it clear : One who injures another becomes liable for five things: damages, pain, medical expenses, incapacitation, and mental anguish. -Damages: If he put out his eye, cut off his arm or broke his leg, the injured person is considered as if he were a slave being sold in the market ...


5

The Gemara on Bava Kama 83b: אמאי (שמות כא, כד) עין תחת עין אמר רחמנא אימא עין ממש לא סלקא דעתך דתניא יכול סימא את עינו מסמא את עינו קטע את ידו מקטע את ידו שיבר את רגלו משבר את רגלו ת"ל (ויקרא כד, כא) מכה אדם ומכה בהמה מה מכה בהמה לתשלומין אף מכה אדם לתשלומין (My translation with help from steinzaltz): Why (does it say) “An eye for an eye”? The Torah ...


3

The Torah requires for misas Beis din (death penalty) we have to be 100% sure that the perpetrator knew what he was doing and that he didn't forget the warning/didn't know what he was doing was bad, hence one needs warning תוך כדי דיבור (within the time of a greeting to ones teacher) to warn the guy prior to his sin, see Kesubos 33a. Otherwise they'd kill ...


2

The Chasam Sofer Kovetz Teshuvos 85 says that even though they did not know whether the Mekalel was Chayav Misa or not, they still warned him that he will die with Sekila which is the most severe death according to Rabanan just in case, and going like the opinion Sanhedrin 80b מותרה לדבר חמור הוי מותרה לדבר קל, they could subsequently have given the Mekallel ...


1

Based on Rashi ad. loc., there is a debate whether נפש תחת נפש, "life for life" in that verse is to be taken literally, and the assailant/murderer is liable for capital punishment, or if that phrase, too, is figurative, like the phrases in v. 24-25, and the defendant merely liable for monetary compensation. If the latter, the defendant pays the full (market)...


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