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].

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.

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.

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.

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.

Commentary

### 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 21-23](/exodus/21-23 "Exodus 21-23 - The Book of the Covenant"), a comprehensive collection of casuistic (case) laws that elaborate upon the foundational [Ten Commandments](/exodus/20 "Exodus 20 - The 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](/exodus/21-18-36 "Exodus 21:18-36 - Laws Concerning Personal Injury and Property Damage") details various forms of personal injury and property damage, outlining appropriate penalties. Within this broader section, [Exodus 21:22-25](/exodus/21-22-25 "Exodus 21:22-25 - Injury to a Pregnant Woman and Lex Talionis") 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](/exodus/21-23-25 "Exodus 21:23-25 - The Lex Talionis Principle"), 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](/exodus/21-23 "Exodus 21:23 - If Mischief Follow").
* **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.

* [Psalm 139:13](/psalms/139-13 "Psalm 139:13-16 - God's Intimate Knowledge of the Unborn")
* [Jeremiah 1:5](/jeremiah/1-5 "Jeremiah 1:5 - Known Before Birth")
* [Luke 1:41](/luke/1-41-44 "Luke 1:41-44 - John Leaps in the Womb")

### 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](/psalms/139-13-16 "Psalm 139:13-16 - God's Intimate Knowledge of the Unborn") speaks of God intimately knitting individuals in the womb, and [Jeremiah 1:5](/jeremiah/1-5 "Jeremiah 1:5 - Known Before Birth") 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](/john/1-29 "John 1:29 - Jesus, the Lamb of God"), 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](/romans/6-23 "Romans 6:23 - The Wages of Sin and God's Gift")). 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](/matthew/25-40 "Matthew 25:40 - Caring for the Least of These")). 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](/galatians/5-22-23 "Galatians 5:22-23 - The Fruit of the Spirit")). 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](/john/10-10 "John 10:10 - Jesus Gives Life Abundantly")), and calls His followers to reflect His life-giving nature.

Note: Commentary is generated by AI with a directive for Biblical fidelity. Always rely on the Holy Spirit for discernment. The Scripture text and cross-references are from verified, non-AI sources.

Cross-References

Deuteronomy 22:18

And the elders of that city shall take that man and chastise him;

Deuteronomy 22:19

And they shall amerce him in an hundred [shekels] of silver, and give [them] unto the father of the damsel, because he hath brought up an evil name upon a virgin of Israel: and she shall be his wife; he may not put her away all his days.

Exodus 21:30

If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.

Deuteronomy 16:18

¶ Judges and officers shalt thou make thee in all thy gates, which the LORD thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment.