Exodus 21:22

Exodus 21:22

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 on him; and he shall pay as the judges determine.

a. 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.

b. 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.

c. YLT: '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;

d. Amplified Bible Classic: If men contend with each other, and a pregnant woman [interfering] is hurt so that she has a miscarriage, yet no further damage follows, [the one who hurt her] shall surely be punished with a fine [paid] to the woman’s husband, as much as the judges determine.

e. Septuagint: And if two men strive and smite a woman with child, and her child be born imperfectly formed, he shall be forced to pay a penalty: as the woman’s husband may lay upon him, he shall pay with a valuation.

f. Stone Edition Torah/Prophets/Writings: If men shall fight and they collide with a pregnant woman and she miscarries, but there will be no fatality, he shall surely be punished as the husband of the woman

1. “If men strive and hurt a woman with child, so that her fruit depart from her and yet no mischief follow…”

a. If [Strong: 3588 * kiy kee a primitive particle (the full form of the prepositional prefix) indicating causal relations of all kinds, antecedent or consequent; (by implication) very widely used as a relative conjunction or adverb (as below); often largely modified by other particles annexed:--and, + (forasmuch, inasmuch, where-)as, assured(-ly), + but, certainly, doubtless, + else, even, + except, for, how, (because, in, so, than) that, + nevertheless, now, rightly, seeing, since, surely, then, therefore, + (al- )though, + till, truly, + until, when, whether, while, whom, yea, yet.

b. men [Strong: 582 * 'enowsh en-oshe' from 605; properly, a mortal (and thus differing from the more dignified 120); hence, a man in general (singly or collectively):--another, X (blood-)thirsty, certain, chap(-man); divers, fellow, X in the flower of their age, husband, (certain, mortal) man, people, person, servant, some ( X of them), + stranger, those, + their trade. It is often unexpressed in the English versions, especially when used in apposition with another word.]

c. strive [Strong: 5327 * natsah naw-tsaw' a primitive root; properly, to go forth, i.e. (by implication) to be expelled, and (consequently) desolate; causatively, to lay waste; also (specifically), to quarrel:--be laid waste, runinous, strive (together).]

d. and hurt [Strong: 5062 * nagaph naw-gaf' a primitive root; to push, gore, defeat, stub (the toe), inflict (a disease):--beat, dash, hurt, plague, slay, smite (down), strike, stumble, X surely, put to the worse.]

e. a woman [Strong: 802 * 'ishshah ish-shaw' feminine of 376 or 582; irregular plural, nashiym {naw-sheem'}; a woman (used in the same wide sense as 582):--(adulter)ess, each, every, female, X many, + none, one, + together, wife, woman. Often unexpressed in English.]

f. with child [Strong: 2030 * hareh haw-reh' or hariy (Hosea 14:1) {haw-ree'}; from 2029; pregnant:--(be, woman) with child, conceive, X great.]

g. so that her fruit [Strong: 3206 * yeled yeh'-led from 3205; something born, i.e. a lad or offspring:--boy, child, fruit, son, young man (one).]

h. departs [Strong: 3318 * yatsa' yaw-tsaw' a primitive root; to go (causatively, bring) out, in a great variety of applications, literally and figuratively, direct and proxim.:--X after, appear, X assuredly, bear out, X begotten, break out, bring forth (out, up), carry out, come (abroad, out, thereat, without), + be condemned, depart(-ing, -ure), draw forth, in the end, escape, exact, fail, fall (out), fetch forth (out), get away (forth, hence, out), (able to, cause to, let) go abroad (forth, on, out), going out, grow, have forth (out), issue out, lay (lie) out, lead out, pluck out, proceed, pull out, put away, be risen, X scarce, send with commandment, shoot forth, spread, spring out, stand out, X still, X surely, take forth (out), at any time, X to (and fro), utter.]

1). In the King James Version of this passage, the two words, “from her” are not in the Hebrew text but were added by the translators, so the actual phrase is, “her fruit depart”. The New International Version has, “gives birth prematurely.”  The phrase from the King James Version, “her fruit depart” comes from the Hebrew word, “yatsa”, a word used in a great variety of applications. One of those applications is to describe being born or having descendants. In Job 1:21 it is rendered, “naked came I out of my mother’s womb”. In Genesis 17:6 it is used as, “Kings shall come out of thee”. And finally in Genesis 46:26 it is used as, “which came out of his loins”. So when “yatsa” is used in this sense it is used of being born or of being a descendant, not of miscarriage or death, as some claim.

2). There are at least three Hebrew words that are used for miscarriage, but are not used in the passage in Exodus 21. The first is “shakol” and it means, “lose children, made childless, miscarry.” In Exodus 23:26 it is used as “nothing shall cast their young.” In Genesis 31:38 it is rendered, “she goats have not cast their young”. In Job 21:10 it is rendered, “their cow calveth and not cast her calf”. And in Jeremiah 15:7 it is, “I will bereave them of children”. The second Hebrew word is “nephel” and it means “something fallen, an abortion, untimely birth”. It is rendered “untimely birth” in Job 3:16, Psalm 58:8, and in Ecclesiastes 6:3. The third word is “sheger” it is number 7698 in strong’s dictionary. Strong’s definition is, “to eject; the fetus (as finally expelled); AMG The Complete Word Study Dictionary Old Testament says it just means “the offspring of an animal.” Any of these words could have been used if the intent were to convey, “miscarry”. Instead a word was used that conveys the idea of a live birth. This internal evidence shows that Exodus 21:22, 23 is not referring to an incident involving “miscarriage” but rather a live, premature birth.

i. from her [No Hebrew]

j. and no [Strong: 3808 * lo' lo or lowi {lo}; or loh (Deut. 3:11) {lo}; a primitive particle; not (the simple or abs. negation); by implication, no; often used with other particles (as follows):--X before, + or else, ere, + except, ig(-norant), much, less, nay, neither, never, no((-ne), -r, (-thing)), (X as though...,(can-), for) not (out of), of nought, otherwise, out of, + surely, + as truly as, + of a truth, + verily, for want, + whether, without.]

k. mischief [Strong: 611 * 'acown aws-sone' of uncertain derivation; hurt:--mischief.]

l. follow [Strong: 1961 * hayah haw-yaw a primitive root (Compare 1933); to exist, i.e. be or become, come to pass (always emphatic, and not a mere copula or auxiliary):--beacon, X altogether, be(-come), accomplished, committed, like), break, cause, come (to pass), do, faint, fall, + follow, happen, X have, last, pertain, quit (one-)self, require, X use.]

1). Some critics argue that this passage means if the unborn child is killed, the man responsible pays only what the husband demands.  On the other hand, if mischief occurs (i.e. the wife dies) then the punishment is life for life.

2. “…he shall be surely punished, according as the woman’s husband will lay on him; and he shall pay as the judges determine.”

a. he shall be surely [Strong: 6064 * `anash aw-nash' a primitive root; properly, to urge; by implication, to inflict a penalty, specifically, to fine:--amerce, condemn, punish, X surely.]

b. punished [Strong: 6064 * `anash aw-nash' a primitive root; properly, to urge; by implication, to inflict a penalty, specifically, to fine:--amerce, condemn, punish, X surely.]

c. according as [Strong: 834 * 'aher ash-er' a primitive relative pronoun (of every gender and number); who, which, what, that; also (as an adverb and a conjunction) when, where, how, because, in order that, etc.:--X after, X alike, as (soon as), because, X every, for, + forasmuch, + from whence, + how(-soever), X if, (so) that ((thing) which, wherein), X though, + until, + whatsoever, when, where (+ -as, -in, -of, -on, -soever, -with), which, whilst, + whither(- soever), who(-m, -soever, -se). As it is indeclinable, it is often accompanied by the personal pronoun expletively, used to show the connection.]

d. the womans [Strong: 802 * 'ishshah ish-shaw' feminine of 376 or 582; irregular plural, nashiym {naw-sheem'}; a woman (used in the same wide sense as 582):--(adulter)ess, each, every, female, X many, + none, one, + together, wife, woman. Often unexpressed in English.]

e. husband [Strong: 1167 * ba`al bah'-al from 1166; a master; hence, a husband, or (figuratively) owner (often used with another noun in modifications of this latter sense):--+ archer, + babbler, + bird, captain, chief man, + confederate, + have to do, + dreamer, those to whom it is due, + furious, those that are given to it, great, + hairy, he that hath it, have, + horseman, husband, lord, man, + married, master, person, + sworn, they of.]

f. will lay [Strong: 7896 * shiyth sheeth a primitive root; to place (in a very wide application):--apply, appoint, array, bring, consider, lay (up), let alone, X look, make, mark, put (on), + regard, set, shew, be stayed, X take.]

g. upon him [Strong: 5921 * `al al properly, the same as 5920 used as a preposition (in the singular or plural often with prefix, or as conjunction with a particle following); above, over, upon, or against (yet always in this last relation with a downward aspect) in a great variety of applications (as follow):--above, according to(-ly), after, (as) against, among, and, X as, at, because of, beside (the rest of), between, beyond the time, X both and, by (reason of), X had the charge of, concerning for, in (that), (forth, out) of, (from) (off), (up-)on, over, than, through(-out), to, touching, X with.]

h. he shall pay [Strong: 5414 * nathan naw-than' a primitive root; to give, used with greatest latitude of application (put, make, etc.):--add, apply, appoint, ascribe, assign, X avenge, X be ((healed)), bestow, bring (forth, hither), cast, cause, charge, come, commit, consider, count, + cry, deliver (up), direct, distribute, do, X doubtless, X without fail, fasten, frame, X get, give (forth, over, up), grant, hang (up), X have, X indeed, lay (unto charge, up), (give) leave, lend, let (out), + lie, lift up, make, + O that, occupy, offer, ordain, pay, perform, place, pour, print, X pull , put (forth), recompense, render, requite, restore, send (out), set (forth), shew, shoot forth (up), + sing, + slander, strike, (sub-)mit, suffer, X surely, X take, thrust, trade, turn, utter, + weep, + willingly, + withdraw, + would (to) God, yield.]

i. as the judges determine [Strong: 6414 * paliyl paw-leel' from 6419; a magistrate:--judge.]

1). Regarding this passage Exodus 21:22, 23, pro-abortion advocates will say the “fetus” in the womb is not considered a “life” because depending on the translation of the Hebrew word yatsa' Strong # 3318, the infant is born dead and only a fine is imposed. The Hebrew word translated mischief 'acown Strong # 611, is used in both verses. It is implied that a miscarriage is not mischief but the life of the mother is mischief and would require giving “life for life.”