Exodus 21 22

Exodus 21:22 kjv

If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.

Exodus 21:22 nkjv

"If men fight, and hurt a woman with child, so that she gives birth prematurely, yet no harm follows, he shall surely be punished accordingly as the woman's husband imposes on him; and he shall pay as the judges determine.

Exodus 21:22 niv

"If people are fighting and hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows.

Exodus 21:22 esv

"When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman's husband shall impose on him, and he shall pay as the judges determine.

Exodus 21:22 nlt

"Now suppose two men are fighting, and in the process they accidentally strike a pregnant woman so she gives birth prematurely. If no further injury results, the man who struck the woman must pay the amount of compensation the woman's husband demands and the judges approve.

Exodus 21 22 Cross References

VerseTextReference
Exod 21:12"He that smites a man, so that he die, shall be surely put to death."Establishes death penalty for intentional killing.
Exod 21:23"But if any mischief follow, then thou shalt give life for life."Directly contrasts, clarifying "mischief" means fatal harm.
Exod 21:24"Eye for eye, tooth for tooth, hand for hand, foot for foot,"Lex Talionis principle, applied if serious injury occurs.
Num 35:9-34Laws of unintentional homicide and cities of refuge.Distinguishes between intentional and accidental killing.
Deut 19:4-6Describes conditions for asylum for unintentional killing.Further defines accidental death.
Deut 22:25-27Law on rape in the field, if one cries out, she is innocent of death.Deals with consent and responsibility for injury.
Lev 24:17"And he that kills any man shall surely be put to death."Reinforces capital punishment for homicide.
Deut 25:11-12Law concerning men fighting, and a woman intervenes to save her husband.A legal scenario involving physical struggle and female injury.
Job 3:16"Or as a hidden untimely birth I had not been; as infants which never saw light."References unborn as having distinct existence.
Psa 139:13-16"For You formed my inward parts; You covered me in my mother’s womb."God's intimate knowledge and formation of individuals in the womb.
Jer 1:5"Before I formed you in the womb I knew you; before you were born I sanctified you."God's pre-birth knowledge and calling for individuals.
Isa 49:1"The Lord has called Me from the womb; from the body of My mother He has named My name."Emphasizes pre-natal divine selection.
Gal 1:15"But when it pleased God, who separated me from my mother’s womb and called me."Echoes Jeremiah regarding pre-natal calling.
Luke 1:41"And it happened, when Elizabeth heard the greeting of Mary, that the babe leaped in her womb."The unborn John the Baptist's awareness and response.
Luke 1:44"For indeed, as soon as the voice of your greeting sounded in my ears, the babe leaped in my womb for joy."John's prenatal joy in Christ's presence.
Matt 18:6"But whoever causes one of these little ones who believe in Me to stumble."While not directly about unborn, underscores value of vulnerable.
1 Cor 3:17"If anyone defiles the temple of God, God will destroy him."God's sanctity over human life/body.
Heb 10:5"Therefore, when He came into the world, He said: 'Sacrifice and offering You did not desire, but a body You have prepared for Me.'"Mentions God preparing a body in the womb (referencing Psa 40).

Exodus 21 verses

Exodus 21 22 Meaning

Exodus 21:22 describes a situation where men are fighting, and as a consequence of their physical struggle, a pregnant woman nearby is unintentionally struck, causing her to deliver prematurely. The verse specifies that if this premature delivery results in the "fruit departing" from her, and "no mischief" (fatal harm or serious injury) occurs to the mother or the child born alive, then the perpetrator is to be fined. This fine is initially determined by the woman's husband but ultimately confirmed and set by the judges. The passage highlights a legal consequence for accidental harm to a pregnancy, distinguishing between the loss of a fetus and fatal harm to the mother or a born child.

Exodus 21 22 Context

Exodus chapter 21 is part of the "Book of the Covenant" (Exodus 20:22 - 23:19), a collection of specific laws given by God to Israel immediately following the Ten Commandments. This code elaborates on how the principles of the Ten Commandments are to be applied in daily life, governing aspects like slavery, violence, property rights, and social justice. Exodus 21:22 is situated within a series of casuistic laws ("if...then" statements) addressing various forms of personal injury and homicide. Specifically, it follows laws concerning intentional striking and unintentional killing, placing the accidental injury to a pregnant woman within the framework of unintentional harm leading to damages. The interpretation of "no mischief follow" (וְלֹא יִהְיֶה אָסוֹן, velō yihyeh ason) in relation to the subsequent "life for life" in verse 23 is crucial, indicating that if the ason (fatal accident or severe injury leading to death) occurs to the mother or a living born child, the penalty escalates significantly beyond a monetary fine, potentially to capital punishment under the principle of Lex Talionis. This law addresses accidental consequences of human conflict, not intentional abortion.

Exodus 21 22 Word analysis

  • If (ki כִּי): Introduces a conditional, casuistic law, typical of ancient Near Eastern legal codes. It sets a hypothetical scenario.
  • men (anashim אֲנָשִׁים): Refers to adult males.
  • strive (yinnatsu יִנָּצוּ): From the root n-ts-h (נצה), meaning "to strive, contend, fight, quarrel." It denotes physical struggle or fighting between individuals.
  • and hurt (venagefu וְנָגְפוּ): From the root nagaf (נגף), meaning "to strike, smite, push, make fall." Implies an accidental blow or impact occurring during the striving, not an intentional assault on the woman.
  • a woman with child (ishah harah אִשָּׁה הָרָה): Explicitly a pregnant woman. This status is central to the specific legal concern.
  • so that her fruit depart from her (veyatseu yeladeiha וְיָצְאוּ יְלָדֶיהָ): Literally "and her children come out." The term yeladeiha (children/offspring) can refer to born children or fetus/embryo. The Hebrew here does not specify whether the "departing fruit" is a miscarriage (a stillbirth) or a premature, live birth. The context with ason (see next) suggests that if it's merely a loss of the fetus (miscarriage) without further harm to the mother, a fine applies. If a child is born alive and then dies, or if the mother dies, the penalty is greater.
  • and yet no mischief follow (velō yihyeh ason וְלֹא יִהְיֶה אָסוֹן): Ason means "fatal harm, deadly injury, disaster." This phrase is critical. It implies that neither the mother nor the prematurely delivered offspring (if born alive) suffers death or permanent disabling injury as a direct result of the blow. The absence of ason means the severity of the consequence remains within the realm of monetary compensation.
  • he shall be surely punished (anash ye'anesh עָנוֹשׁ יֵעָנֵשׁ): From the root anash (ענש), meaning "to fine, punish by a fine." The doubling of the verb (infinitive absolute construction) indicates certainty and severity of the financial penalty.
  • according as the woman's husband will lay upon him (asher yashit alav ba'al ha'ishah אֲשֶׁר יָשִׁית עָלָיו בַּעַל הָאִשָּׁה): The husband, as the one who suffered the loss of potential offspring and whose wife was harmed, initially proposes the amount of the fine. This grants agency to the directly aggrieved party.
  • and he shall pay as the judges determine (venatan biflilim וְנָתַן בִּפְלִילִים): The term biflilim means "before the judges" or "in accordance with the judges." This ensures judicial oversight and fairness, preventing arbitrary or excessive demands from the husband. The judges act as mediators or arbiters.

Words-group by words-group analysis:

  • "If men strive, and hurt a woman with child": Establishes the accidental nature of the harm during an unrelated altercation. The focus is not on direct assault on the pregnant woman.
  • "so that her fruit depart from her, and yet no mischief follow": This is the core interpretative phrase. It describes the outcome of the injury. "Fruit depart" (yeladeiha) can signify either a miscarriage or premature birth. "No mischief" (lo ason) explicitly clarifies that if neither the mother nor the baby (if born alive) dies or is fatally injured, then the offense is of a lesser category. This implies a distinction in legal standing between a fetus that dies in utero and a nefesh (life, born person) under the Mosaic law regarding capital punishment. If ason (fatal harm) did occur, Exodus 21:23 would apply, demanding "life for life."
  • "he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine": Defines the punishment as a monetary fine, not a life for a life. This compensation is to the husband for the loss of his offspring and for the distress/injury to his wife, with the specific amount subject to judicial review to ensure equity and prevent vindictive claims. The dual role of husband and judges shows a balanced legal process.

Exodus 21 22 Bonus section

This verse is not a direct biblical injunction against or for abortion as understood in modern terms, which typically refer to the intentional termination of pregnancy. Instead, it is a civil law dealing with accidental harm caused by third parties during an altercation. The specific penalty, a monetary fine rather than a capital one (like "life for life"), has been subject to considerable scholarly debate, particularly concerning the legal status of the fetus. However, even if the text indicates a different legal standing for a fetus compared to a born person in terms of this specific criminal code, it does not diminish the profound theological teaching throughout Scripture regarding God's direct involvement in creating and knowing individuals from conception (as seen in Job, Psalms, Jeremiah, Luke), affirming the sacredness of life from its earliest stages. The Mosaic law here serves to provide a framework for justice and compensation in a specific, accidental injury scenario.

Exodus 21 22 Commentary

Exodus 21:22 is a foundational text in understanding the Israelite legal perspective on life, harm, and restitution. It describes a scenario of unintentional injury during a fight, highlighting that not all loss of life, or potential life, carried the same legal consequence, particularly under capital statutes. The critical distinction rests on the term ason ("fatal harm" or "deadly injury"). If the mother is unharmed and the result is only the loss of the fetus (miscarriage), the penalty is a financial fine, which underscores the value placed on potential life and the husband's rights to offspring. However, it also suggests that a fetus, while valued, was not considered a "person" (nefesh) in the Mosaic civil law sense that would require capital punishment ("life for life") if only the fetus died due to unintentional harm. If ason did occur, meaning the mother died or a prematurely born child subsequently died from the injury, then the greater penalties of Lex Talionis (life for life) would apply, as indicated in the subsequent verse 23. This law thus emphasizes restorative justice through compensation for loss and damage in cases of unintended outcomes, reflecting God's commitment to fairness and proportional justice within the community.