Text: Exodus 21:22-25
Following the giving of the Ten Commandments in Exodus 20:1-17, God continues speaking to Moses giving some specific applications of these commands in a variety of settings. Exodus 21:12-32 deals with laws concerning various injuries inflicted upon people. Many situations are covered, everything from hitting parents to being gored by a bull. Within this context, verses 22-23 deal with injury to a pregnant woman and the child she carries.
Dead or Alive?
Not everyone would agree, however, that this text deals with an injury to a child. Some would argue that the injury to the pregnant woman described in verse 22 causes her to miscarry, that is, to deliver a dead child. Translations of the Bible that use the word “miscarriage” foster this interpretation. According to this view, the talk about injury that follows can only be applied to the woman since the child is dead. If the woman is not injured, this interpretation holds, a fine is leveled for causing the miscarriage. But if the woman is injured, then the penalty is in keeping with the nature of the injury—“life for a life, an eye for an eye,” etc. Thus, this understanding of the text gives more value to the life of the woman than the life of her unborn child. This leads to the conclusion that Scripture does not maintain the same value for unborn human life as it does for those already born. Such a conclusion is then used to justify the position that God does not condemn abortion.
However, if the injury to the woman does not cause a miscarriage but a premature birth, then we are dealing with a live baby. According to this view, the talk about injury that follows can be applied to either the woman or the baby. The penalty “life for a life, an eye for an eye,” etc. could refer to the baby as well as the woman. Thus, this view of the text gives the same value to the child as it does to the woman. Such a conclusion is then used to justify the position that God values all human life regardless of the stage of development and, therefore, he does condemn abortion.
The Language of the Text
The answer to which interpretation of this text is correct lies in the Hebrew words used in this verse. In other words, does the original Hebrew point to a miscarriage or to a premature birth? The Hebrew words translated “miscarriage” or, as here, “gives birth prematurely,” could literally be translated, “the child comes forth.” “Child” (Hebrew yeled) is variously translated as child, young man, young ones, sons, or boy. Thus, it is used of born and living children.
The Hebrew word translated “comes forth” (yasa) is used often in the Old Testament to show how a variety of things “come forth” or “come out” or “depart.” Frequently it is used of giving birth. For example, in Genesis 25:25-26 the birth of Esau and Jacob is detailed: “The first one was born [yasa] red.” “Afterwards, his brother was born [yasa].” Jeremiah 1:5 reads: “Before I formed you in the womb, I knew you. Before you were born [yasa], I set you apart for my holy purpose. I appointed you to be a prophet to the nations.”
This point is significant. “Yasa,” in over 1,000 uses in the Old Testament portion of the Bible, is never used to describe what we would think of as a miscarriage. Indeed, it describes just the opposite. To translate it otherwise is, therefore, suspect. In addition, there are other Hebrew words that the prophet could have used that are more specific in their meaning when it comes to describing miscarriage. For example, “No woman in your land will miscarry [sakal] or be unable to have children. I will let you live a normal life span” (Exodus 23:26).
Conclusions
It seems then that the focus of this text is to set forth regulations regarding what happens when a pregnant woman is injured and gives birth prematurely to a living child. First, “if there are no other injuries” other than what caused the premature delivery, a fine will be leveled against the one causing this injury. In other words, if both mother and child are deemed unharmed after the initial cause of this unplanned delivery, then the punishment is a fine to compensate for the original injury and any extra care a premature child might need.
However, this regulation also allows for punishment if there are other injuries. Since we have established that there is a mother and a child involved, the translation in verse 23 of “If anyone is injured” is appropriate. In this situation, further injury could be incurred by mother and/or the child. In the course of this unexpected and premature birth, there could be harm to the mother or the child during the delivery. Either or both could lose their lives. The punishment detailed in verses 23b-25 takes this into account with the formula, “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 burn for a burn, a bruise for a bruise, a wound for a wound.”
This means that if the mother dies as a result of the premature birth of her child, the offender must give his life. The punishment shows that God values the life of the mother. It takes us back to God’s words to Noah after the flood: “Whoever sheds human blood, by humans his blood will be shed, because in the image of God, God made humans” (Genesis 9:6).
The punishment formula “a life for a life” applies to the child as well. If the child dies because of this premature birth, the offender must give his life. This text shows clearly that God places the same value on the life of the child as he does the life of the mother and as he does every human life. Therefore, this text cannot be properly used to support the view that unborn human life has less value than born human life. This text cannot be properly used to support abortion.