שמות, פרק כ״א, פסוק כ״ה

The laws of personal injury establish a comprehensive legal system designed to compensate victims of bodily harm. Rather than demanding physical punishment or literal retaliation, the guiding principle is financial restitution. Because inflicting pain upon an attacker cannot restore a victim's health or body parts, God requires full monetary payment for the damage sustained [רש״ר הירש]. While other laws address the financial depreciation caused by the permanent loss of a limb, these guidelines focus specifically on the pain, suffering, and associated losses of injuries that do not result in permanent dismemberment. An attacker is obligated to cover the costs of the victim's physical pain, medical healing, lost work time, and personal humiliation [רש״י, רשב״ם, ביאור יש״ר].

The law categorizes physical harm into three distinct types of injuries. The first is a burn caused by fire [אבן עזרא, רש״י, ביאור יש״ר, שטיינזלץ]. This represents a scenario of pure physical agony without an open wound or the loss of a limb, such as the intense pain of a hot skewer pressed against a fingernail [רש״י, רש״ר הירש]. The second category is an open wound that cuts through the flesh and draws blood [רש״י, שד״ל, שטיינזלץ, רש״ר הירש], typically inflicted by a sword or an iron tool [רשב״ם, נתינה לגר]. The essence of this injury involves cutting, tearing, or breaking [שד״ל, נתינה לגר], with some interpretations specifically including the breaking of a bone [רב סעדיה גאון, מובא באבן עזרא ושד״ל]. The third type is a bruise, which is a closed, blunt trauma where the skin remains intact and blood does not escape. Instead, the blood pools beneath the surface, causing the flesh to swell, become inflamed, and change color [רש״י, שד״ל, אבן עזרא, ביאור יש״ר, רש״ר הירש]. This discoloration is often compared to the distinct spots of a leopard [רש״י, שד״ל] and can result from a heavy blow [רש״י] or even a deep scratch [רשב״ם].

To determine the appropriate financial compensation for physical suffering, the court relies on an assessment of human endurance. The payment is calculated by estimating how much money a person of the victim's social standing would demand to willingly endure such pain [רש״י, חומש קה״ת]. Alternatively, the court considers how much that person would be willing to pay to avoid experiencing the pain altogether [ברכת אשר].

Beyond the basic categories of injury, several broader legal principles are established. Furthermore, compensation for pain is required even when the attacker is already paying for permanent physical damage. For instance, an attacker who severs a victim's hand cannot argue that by paying for the lost limb, he has purchased the right to remove it however he chooses. If he uses a painful iron tool rather than an anesthetic, he must pay an additional penalty for the unnecessary agony inflicted during the act [רש״י, חומש קה״ת, תורה תמימה]. The specific sequence of the injuries also carries legal weight. Although a burn is generally considered less severe than a deep wound or a bruise, it is addressed first to establish that compensation for pain applies universally, whether the injury leaves no lasting mark or causes permanent damage [מלבי״ם, תורה תמימה]. Finally, these laws reinforce the foundational rule of strict liability. A person is perpetually responsible for the physical harm they cause to others. Full financial restitution is mandatory whether the injury was inflicted intentionally, by mistake, or through circumstances entirely beyond the attacker's control [תורה תמימה, פענח רזא, רש״ר הירש].