Exodus 21:23

Exodus 21:23 is a pivotal verse within the "Book of the Covenant" (Exodus 21-23), which outlines specific laws and judgments given to Israel immediately after the Ten Commandments. This particular statute addresses serious injury or death resulting from an assault, emphasizing the principle of proportional justice.

Context

This verse follows directly from the scenario presented in Exodus 21:22, where men fighting inadvertently strike a pregnant woman, causing her to miscarry or give birth prematurely. If no further "mischief" (serious harm or death) occurs, the offender is fined. However, verse 23 specifies the severe consequence "if any mischief follow." The "mischief" here refers to the death of the woman herself, or potentially the death of the child if it was born alive and subsequently died due to the injury. This law highlights God's concern for justice and the protection of vulnerable lives within the community.

Key Themes

• Proportional Justice (Lex Talionis): The phrase "life for life" is a foundational expression of the principle of lex talionis, often summarized as "an eye for an eye, tooth for a tooth." While it sounds harsh, its primary purpose was not to encourage vengeance but to limit it by ensuring that punishment would not exceed the crime. It mandated a just and equivalent retribution, preventing excessive retaliation and promoting fairness in legal judgments. This principle is reiterated in other parts of the law, such as Leviticus 24:20 and Deuteronomy 19:21.
• Sanctity of Human Life: The severe penalty of "life for life" underscores the profound value God places on human life. The law demonstrates a divine recognition of the sanctity of life, including that of the unborn and the vulnerable. God's law demands accountability for actions that result in the loss of life, affirming that human life is sacred and belongs to Him.
• Divine Justice: This statute reflects God's character as a righteous judge who demands justice and accountability. It establishes clear legal standards for the Israelite community, ensuring that serious offenses against life are met with appropriate consequences, thereby upholding moral order and deterring crime.

Linguistic Insights

The Hebrew word for "mischief" in this context is ason (אָסוֹן), which means calamity, harm, or fatal injury. When the text says "if any mischief follow," it is referring to a grave consequence, specifically death or severe, life-altering injury to the woman. The phrase "life for life" translates the Hebrew nephesh tachath nephesh (נֶפֶשׁ תַּחַת נֶפֶשׁ). Nephesh can mean soul, life, or person, signifying a direct and equivalent exchange, emphasizing the value of the life lost.

Practical Application

While modern legal systems have evolved from the literal application of lex talionis, the underlying principles of Exodus 21:23 remain relevant. It teaches us about:

• The Value of Life: This verse powerfully affirms the inherent worth of every human life, from conception onward. It challenges societies to protect the vulnerable and to hold accountable those who cause harm. This divine perspective on life’s value resonates with passages like Psalm 139:13-16, which speaks to God's intimate involvement in forming life in the womb.
• Justice and Accountability: The principle of proportional justice reminds us that actions have consequences and that society must have systems to ensure accountability for wrongdoing. It underscores the importance of fair legal processes and a just society.
• God's Concern for the Vulnerable: God's law consistently demonstrates His care for the weak, the innocent, and those who cannot defend themselves. This serves as a model for how we, as individuals and societies, should advocate for and protect the marginalized.