Deuteronomy 19:17-21

Context
19:17 then both parties to the controversy must stand before the Lord, that is, before the priests and judges¹ who will be in office in those days. 19:18 The judges will thoroughly investigate the matter, and if the witness should prove to be false and to have given false testimony against the accused,² 19:19 you must do to him what he had intended to do to the accused. In this way you will purge³ evil from among you. 19:20 The rest of the people will hear and become afraid to keep doing such evil among you. 19:21 You must not show pity; the principle will be a life for a life, an eye for an eye, a tooth for a tooth, a hand for a hand, and a foot for a foot.⁴

Ezekiel 44:24

Context

44:24 “‘In a controversy they will act as judges;⁵ they will judge according to my ordinances. They will keep my laws and my statutes regarding all my appointed festivals and will observe⁶ my Sabbaths.

[19:17] ¹tn The appositional construction (“before the Lord, that is, before the priests and judges”) indicates that these human agents represented the Lord himself, that is, they stood in his place (cf. Deut 16:18-20; 17:8-9).

[19:18] ²tn Heb “his brother” (also in the following verse).

[19:19] ³tn Heb “you will burn out” (בִּעַרְתָּ, bi’arta). Like a cancer, unavenged sin would infect the whole community. It must, therefore, be excised by the purging out of its perpetrators who, presumably, remained unrepentant (cf. Deut 13:6; 17:7, 12; 21:21; 22:21-22, 24; 24:7).

[19:21] ⁴sn This kind of justice is commonly called lex talionis or “measure for measure” (cf. Exod 21:23-25; Lev 24:19-20). It is likely that it is the principle that is important and not always a strict application. That is, the punishment should fit the crime and it may do so by the payment of fines or other suitable and equitable compensation (cf. Exod 22:21; Num 35:31). See T. S. Frymer-Kensky, “Tit for Tat: The Principle of Equal Retribution in Near Eastern and Biblical Law,” BA 43 (1980): 230-34.

[44:24] ⁵sn For a historical illustration of the priest carrying out this function, see 2 Chr 19:9-11.

[44:24] ⁶tn Heb “sanctify, set apart.”