Exodus 21:22

Translation
King James Version
¶ 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.
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KJV (with Strong's)
If men H582 strive H5327, and hurt H5062 a woman H802 with child H2030, so that her fruit H3206 depart H3318 from her, and yet no mischief follow H611: he shall be surely H6064 punished H6064, according as the woman's H802 husband H1167 will lay H7896 upon him; and he shall pay H5414 as the judges H6414 determine.
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Complete Jewish Bible
"If people are fighting with each other and happen to hurt a pregnant woman so badly that her unborn child dies, then, even if no other harm follows, he must be fined. He must pay the amount set by the woman's husband and confirmed by judges.
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Berean Standard Bible
If men who are fighting strike a pregnant woman and her child is born prematurely, but there is no further injury, he shall surely be fined as the woman’s husband demands and as the court allows.
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American Standard Version
And if men strive together, and hurt a woman with child, so that her fruit depart, and yet no harm follow; he shall be surely fined, according as the woman’s husband shall lay upon him; and he shall pay as the judges determine.
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World English Bible Messianic
“If men fight and hurt a pregnant woman so that she gives birth prematurely, and yet no harm follows, he shall be surely fined as much as the woman’s husband demands and the judges allow.
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Geneva Bible (1599)
Also if men striue and hurt a woman with childe, so that her childe depart from her, and death follow not, hee shall bee surely punished according as the womans husband shall appoynt him, or he shall pay as the Iudges determine.
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Young's Literal Translation
`And when men strive, and have smitten a pregnant woman, and her children have come out, and there is no mischief, he is certainly fined, as the husband of the woman doth lay upon him, and he hath given through the judges;
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See also
Deuteronomy 22:18Deuteronomy 22:19Exodus 21:30Deuteronomy 16:18
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In the KJVVerse 2,100 of 31,102

Study This Verse

SUMMARY

Exodus 21:22, a foundational statute within the "Book of the Covenant," meticulously addresses a specific legal scenario where an altercation between men unintentionally harms a pregnant woman, causing her "fruit to depart." This Mosaic law distinguishes between cases where only the unborn child is affected and those where the mother also sustains serious injury or death. It mandates a compensatory financial penalty for the former, to be determined by the woman's husband and ratified by judges, thereby establishing crucial principles of accountability, restitution, and the nuanced valuation of life within ancient Israelite jurisprudence.

CONTEXT

  • Literary Context: This verse is an integral part of the "Book of the Covenant" found in Exodus 21, Exodus 22, Exodus 23, a comprehensive collection of casuistic (case) laws that elaborate upon the foundational Ten Commandments delivered at Mount Sinai. Following the grand revelation of God's moral and ethical standards, this section provides practical applications for civil and criminal matters essential for the nascent nation of Israel. Specifically, Exodus 21:18-36 details various forms of personal injury and property damage, outlining appropriate penalties. Within this broader section, Exodus 21:22-25 forms a distinct sub-section dealing with injuries inflicted during altercations. While the subsequent verses introduce the famous lex talionis ("eye for an eye") principle, verse 22 presents a unique scenario concerning harm to a pregnant woman and her unborn child, establishing a different set of legal consequences contingent upon the extent of injury to the mother.
  • Historical & Cultural Context: Ancient Israel was a patriarchal society where the family unit, lineage, and the continuation of the household were of paramount importance. Children, particularly sons, were considered a divine blessing and crucial for a family's legacy, economic stability, and social standing. Consequently, a pregnant woman held immense societal value as she carried the future of the family. The legal system, as depicted here, involved the husband as the primary representative of the family in matters of compensation, with judges (likely elders or appointed officials) providing judicial oversight to ensure fairness and adherence to the law. This legal provision highlights a societal recognition of the pregnant woman's vulnerability and the significance of her unborn child. While the legal framework distinguished between the loss of a fetus and the loss of a born person in terms of specific penalties, particularly when the mother's life was not endangered, as further detailed in Exodus 21:23-25, it nonetheless underscored a foundational value for life and a system of justice that sought to provide restitution for harm caused, even if unintentionally.
  • Key Themes: This verse contributes significantly to several key themes within the Book of Exodus and broader biblical theology. Firstly, it underscores the theme of Divine Justice and Accountability, demonstrating God's meticulous concern for equitable legal proceedings and holding individuals responsible for the consequences of their actions, even when unintentional. Secondly, it highlights the Sanctity and Value of Life, particularly for the vulnerable, including the unborn. While the specific legal penalty has been debated, the very existence of a mandated compensation for the loss of the "fruit" indicates that nascent life was not considered inconsequential. Thirdly, the passage illustrates the theme of Restitution and Compensation, emphasizing that justice often involves making amends for harm caused, aiming to restore balance and order within the community. This aligns with broader biblical principles of seeking justice for the oppressed and ensuring that wrongdoers bear the consequences of their deeds, as seen throughout the Mosaic Law.

EXPOSITION AND ANALYSIS

Key Word Analysis

  • Fruit (Hebrew, yeled', H3206): From יָלַד, meaning "something born, i.e. a lad or offspring." In this context, "her fruit" refers to the unborn child or fetus. The phrase "her fruit depart" signifies the termination of the pregnancy, whether through miscarriage, stillbirth, or premature live birth. The legal and theological debate often centers on the precise status implied by "fruit," but its loss clearly constitutes a significant harm requiring legal redress.
  • Mischief (Hebrew, ʼâçôwn', H611): Of uncertain derivation, meaning "hurt" or "mischief." This word is crucial for the legal distinction in the verse. Its absence ("and yet no mischief follow") indicates that the pregnant woman herself suffers no serious, lasting injury or death beyond the loss or premature delivery of the fetus. If ʼâçôwn (serious harm or death) does follow to the mother, the penalty escalates significantly, invoking the "life for life" principle found in Exodus 21:23.
  • Punished (Hebrew, ʻânash', H6064): A primitive root meaning "to urge; by implication, to inflict a penalty, specifically, to fine; amerce, condemn, punish." The use of this verb specifically denotes a financial penalty or fine, rather than corporal punishment or the lex talionis. This indicates that the consequence for causing the "fruit to depart" without further harm to the mother is a compensatory payment, underscoring the legal system's focus on restitution for the specific loss incurred.

Verse Breakdown

  • "If men strive, and hurt a woman with child": This clause establishes the initial scenario: an unintentional injury to a pregnant woman resulting from a physical altercation between two men. The harm is a collateral consequence of their struggle, not a deliberate assault on the woman or her pregnancy. This context of unintentionality is critical for understanding the nature of the subsequent legal response.
  • "so that her fruit depart [from her]": This describes the direct and immediate outcome of the injury: the termination of the pregnancy, whether through miscarriage, stillbirth, or premature delivery. The focus here is on the impact on the unborn child, which is directly attributed to the men's actions.
  • "and yet no mischief follow": This is the pivotal legal qualifier. It specifies that despite the loss or premature delivery of the fetus, the pregnant woman herself survives and suffers no severe, lasting injury or death. This condition is what distinguishes the prescribed penalty in this verse from the more severe consequences outlined in the subsequent verses for harm to the mother.
  • "he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges [determine].": This final clause specifies the legal recourse. The offender is to be fined. The amount of the fine is initially proposed by the woman's husband, reflecting the family's loss and the husband's role as head of the household in ancient Israel. However, this proposed amount is not absolute; it must be ratified and potentially adjusted by the judges, ensuring a fair and just settlement in accordance with established legal principles and preventing arbitrary or excessive demands. This system balances personal restitution with judicial oversight.

Literary Devices

Exodus 21:22 primarily employs Casuistic Law, a prevalent legal form in the ancient Near East. This device presents a specific case ("If X happens...") and then prescribes the legal consequence ("...then Y shall be done"). This structured approach ensures clarity, provides a precise framework for judicial decisions, and demonstrates a practical application of divine justice in everyday life. The verse also utilizes Conditional Clauses ("If men strive... and yet no mischief follow...") to delineate the exact circumstances that trigger specific legal outcomes. This precision is crucial for distinguishing between various degrees of harm and assigning appropriate penalties based on the severity of the injury. Furthermore, there is an element of Emphasis by Negation in the phrase "and yet no mischief follow," which highlights the absence of severe harm to the mother as the defining factor for the lesser penalty, drawing a sharp contrast with scenarios where such "mischief" does occur, leading to more severe retribution.

THEOLOGICAL AND THEMATIC CONNECTIONS

Exodus 21:22 offers profound theological insights into God's character, His valuation of human life, and His commitment to justice. It underscores the divine concern for the vulnerable, particularly the pregnant woman and her unborn child, even in a context of unintentional harm. While the legal penalty in this specific verse distinguishes between the loss of a fetus and severe harm or loss of the mother's life, it nonetheless mandates accountability and compensation for the former, affirming that even nascent life is precious and its loss warrants restitution. This reflects God's broader commitment to justice, ensuring that those who cause harm are held responsible and that victims receive appropriate recompense. The law's meticulous detail demonstrates that God's justice is not arbitrary but is carefully calibrated to the nature and extent of the offense, seeking to restore balance and order within the community and uphold the sanctity of life from its earliest stages.

REFLECTION AND APPLICATION

Exodus 21:22, though an ancient legal text, offers timeless principles for reflection and application in contemporary life. It compels us to consider the profound value of life, even in its earliest stages, and to recognize that even unintentional actions can have significant, harmful consequences for which we bear moral and, at times, legal responsibility. This passage calls us to cultivate a posture of care and mindfulness, especially towards the vulnerable in our society, reminding us that justice demands accountability and restitution for wrongs committed. It challenges us to uphold laws and societal norms that protect the innocent and ensure that victims of harm receive appropriate compensation and support. Furthermore, it encourages us to reflect on the sanctity of life from conception, fostering a reverence for every human being as fearfully and wonderfully made by God, and to advocate for policies and practices that reflect this divine valuation, seeking to minimize harm and maximize protection for all, particularly those who cannot defend themselves.

Questions for Reflection

  • How does this passage inform our understanding of personal responsibility, even for unintentional harm, in a modern context?
  • In what practical ways can we, as individuals and communities, better protect the vulnerable among us, including the unborn, today?
  • What does the requirement for restitution in this ancient law teach us about God's justice and our role in seeking it for others in our society?
  • How might our modern legal and ethical frameworks benefit from the nuanced distinctions and principles found in this ancient Mosaic law regarding the value of life?

FAQ

Does Exodus 21:22 imply that the Bible does not consider an unborn child a full human being?

Answer: Exodus 21:22 is a legal text addressing specific circumstances of unintentional harm in a patriarchal society, not a comprehensive theological statement on the ontological status of the unborn. The distinction in penalty between harm to the fetus alone (a fine) and harm to the mother (life for life, if fatal) reflects a legal differentiation concerning the degree of culpability and type of loss within that specific ancient legal code. It does not negate the intrinsic value or sanctity of unborn life, which is affirmed elsewhere in scripture. For instance, Psalm 139:13-16 speaks of God intimately knitting individuals in the womb, and Jeremiah 1:5 states that God knew Jeremiah before his birth. The law still mandates a significant penalty for the loss of the fetus, demonstrating that it was considered a serious harm requiring restitution. It is crucial to interpret this verse within its literary, historical, and cultural context, avoiding anachronistic readings that impose modern ethical debates directly onto ancient legal provisions, which had different aims and frameworks.

CHRIST-CENTERED FULFILLMENT

While Exodus 21:22 outlines a legal framework for justice and restitution under the Old Covenant, its underlying principles find their ultimate fulfillment and transformation in Jesus Christ. The law's concern for the vulnerable, the demand for accountability, and the provision for restitution all point to the perfect justice and compassionate heart of God, fully embodied in Jesus. Christ, as the Lamb of God who takes away the sin of the world, perfectly fulfilled the demands of the law, bearing the penalty for humanity's unintentional and intentional sins. He offered a restitution far greater than any fine—the gift of eternal life through His atoning sacrifice (Romans 6:23). His earthly ministry consistently championed the vulnerable and marginalized, demonstrating a profound reverence for all human life, from the least to the greatest (Matthew 25:40). In the New Covenant, the emphasis shifts from a system of external legal penalties to a transformation of the heart, where believers are called to live out justice, mercy, and a high regard for life, not merely by adhering to external codes, but by the indwelling Spirit of Christ who empowers them to love God and neighbor (Galatians 5:22-23). Thus, the spirit of protection and justice found in Exodus 21:22 is perfectly realized and infinitely expanded in the person and work of Jesus Christ, who came that we might have life, and have it more abundantly (John 10:10), and calls His followers to reflect His life-giving nature.

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Commentary on Exodus 21 verses 22–36

I. II. Main points1. 2. Sub-points

Observe here,

I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Exo 21:22, Exo 21:23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Mat 5:38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Mat 5:39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Jdg 1:7; Isa 33:1; Hab 2:13; Mat 26:52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col 3:25. God sometimes brings men's violent dealings upon their own heads (Psa 7:16); and magistrates are in this the ministers of the justice, that they are avengers (Rom 13:4), and they shall not bear the sword in vain.

II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, Exo 21:26, Exo 21:27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,

III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, Co1 9:9, Co1 9:10. The Israelites are here directed what to do,

1.In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (Exo 21:28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, Exo 21:29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.

2.In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, Exo 21:33, Exo 21:34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Rom 14:13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, Exo 21:35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, Exo 21:36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.

Matthew Henry (1662–1714) — Commentary on the Whole Bible. This section covers verses 22–36. Public domain.
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Source: Quotations drawn from early Church Fathers and historical Christian theologians (AD 100–1500). Some quotes address the surrounding passage context rather than this verse alone.
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