Exodus 21:22

Exodus 21:22 is a foundational verse within the Mosaic Law, addressing a specific legal case concerning harm to a pregnant woman and her unborn child. It provides insight into ancient Israelite jurisprudence and societal values regarding life and responsibility.

Context and Overview

This verse is part of the "Book of the Covenant" (Exodus 21:1–23:33), which elaborates on the Ten Commandments given to Moses on Mount Sinai. It outlines civil and criminal laws for the nascent nation of Israel, covering various aspects of life, property, and personal injury. Specifically, Exodus 21:22-25 deals with injuries inflicted during altercations, culminating in the famous "eye for an eye" principle, though this particular verse presents a distinct scenario.

The scenario describes a situation where two men are fighting, and in the course of their struggle, they accidentally strike a pregnant woman, causing her to miscarry or give premature birth ("her fruit depart"). The critical phrase is "and yet no mischief follow," meaning no further severe injury or death to the woman herself. The legal consequence is a monetary fine, determined by the woman's husband and approved by the judges.

Key Themes and Interpretations

• Protection of the Vulnerable: The law immediately addresses harm to a pregnant woman, highlighting a concern for the safety of both mother and child in ancient Israelite society.
• Distinction in Harm: The punishment hinges on whether "mischief" (serious injury or death) befalls the woman. If the woman is unharmed, the penalty is a fine. This contrasts with the principle of lex talionis (life for life, eye for eye) that applies if the woman suffers significant injury or death, as detailed in subsequent verses (Exodus 21:23-25).
• Status of the Unborn: This verse has been subject to extensive debate regarding the legal and moral status of the unborn child in biblical law. The fact that the penalty for the miscarriage (without harm to the mother) is a fine, rather than a life-for-life penalty (which would apply if a born person were killed), suggests that the law viewed the loss of the fetus differently from the loss of a fully developed human life in this specific legal context. However, it does not diminish the value or sanctity of unborn life, as other scriptures (e.g., Psalm 139:13-16, Jeremiah 1:5) affirm God's intimate involvement in the formation of life in the womb.
• Restitution and Justice: The law ensures that the offending party is held accountable and provides compensation to the injured party (the woman's husband, representing the family). The involvement of judges ensures a fair determination of the fine.

Linguistic Insights

The Hebrew phrase translated "her fruit depart" is yats’u yeladeyha (יָצְאוּ יְלָדֶיהָ), which literally means "her children come out." This can refer to a miscarriage, a premature birth, or even a live but premature birth. The crucial distinction lies in whether these children survive and thrive, and more importantly, whether the mother herself is harmed. The word "mischief" translates from the Hebrew ason (אָסוֹן), meaning "harm," "calamity," or "fatality." Its absence is key to the lesser penalty.

Practical Application

While this specific law is part of an ancient legal code, its underlying principles remain relevant. It underscores the biblical emphasis on accountability for one's actions, the protection of the vulnerable, and the pursuit of justice. It reminds us that even unintentional harm carries consequences and demands restitution. Moreover, it subtly points to the value of life from its earliest stages, even if the legal framework of the time distinguished penalties based on the stage of development and the extent of harm to the mother.

Today, this passage encourages us to consider the sanctity of life at all stages and to uphold laws that protect the innocent and ensure justice for victims of harm. It calls us to act with care and responsibility, recognizing the potential impact of our actions on others, especially the most vulnerable.