Exodus 21:22, 23

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. [Scripture quotations marked (NLT) are taken from the Holy Bible, New Living Translation, copyright © 1996, 2004, 2007. Used by permission of Tyndale House Publishers Inc., Carol Stream, Illinois 60188. All rights reserved.]

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. [THE HOLY BIBLE, NEW INTERNATIONAL VERSION®, NIV® Copyright © 1973, 1978, 1984, 2011 by Biblica, Inc.® Used by Permission of Biblica, Inc.® All rights reserved worldwide.]

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; [The Young's Literal Translation was translated by Robert Young, who believed in a strictly literal translation of God's word. This version of the Bible is in the public domain.]

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. [Amplified Bible, Classic Edition (AMPC) Copyright © 1954, 1958, 1962, 1964, 1965, 1987 by The Lockman Foundation]

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. [The Artscroll Series/Stone Edition, THE TANACH--STUDENT SIZE EDITION Copyright 1996, 1998 by Mesorah Publications, Ldt.]

g. Note Don Costello: In just about every (probably every), article by pro-abortion folks, when they claim to be Christians, the “go to” passage always used to defend abortion from the Bible is Exodus 21:22-23.

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).]

1). This same Hebrew word is used to describe the birth process, it is also used of the birth of Christ Jesus. It is used hundreds of times for a live birth.

a). Isaiah 9:6 For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace.

b). Genesis 3:16  Unto the woman he said, I will greatly multiply thy sorrow and thy conception; in sorrow thou shalt bring forth children; and thy desire shall be to thy husband, and he shall rule over thee.

c). Genesis 4:1 And Adam knew Eve his wife; and she conceived, and bare Cain, and said, I have gotten a man from the LORD.

d). Genesis 4:18 And unto Enoch was born Irad: and Irad begat Mehujael: and Mehujael begat Methusael: and Methusael begat Lamech.

e). Genesis 5:4 And the days of Adam after he had begotten Seth were eight hundred years: and he begat sons and daughters:

h. departs [from her] [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 word is just, “depart”. The New International Version has, “gives birth prematurely.”  The word from the King James Version, “depart” comes from the Hebrew word, “yatsa”, a word used in a great variety of applications, over a thousand times. One of those applications is to describe being born or having descendants. 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.

a). Job 1:21 And said, Naked came I out of my mother's womb, and naked shall I return thither: the LORD gave, and the LORD hath taken away; blessed be the name of the LORD.

b). Genesis 17:6 And I will make thee exceeding fruitful, and I will make nations of thee, and kings shall come out of thee.

c). Genesis 46:26 All the souls that came with Jacob into Egypt, which came out of his loins, besides Jacob's sons' wives, all the souls were threescore and six;

d). It is only used one time to describe a child that comes out dead.

(1) Numbers 12:12 Let her not be as one dead, of whom the flesh is half consumed when he cometh out of his mother's womb.

(2) “Note here, that we don't infer the child's death from the word yasa, but from explicit statements in the context. This is a still-birth, not a miscarriage. The child is dead before the birth ("whose flesh is half eaten away"), and doesn't die as a result of the untimely delivery, as in a miscarriage.”  Greg Koukl  https://www.str.org/articles/what-exodus-21-22-says-about-abortion#.W4-3WM5KiUk  

(3) Some of the information in my study came from the article cited above. Most of my study had been done between 2/2003-11/2003 and self published in November of 2003. John Koukl’s article, published in  02/04/2013, which I found in 2018 stirred me to dig deeper into the Hebrew words used in the particular verses. Thank you John Koukl. God Bless you.

2). There are at least three Hebrew words that are used for miscarriage, but are not used in the passage in Exodus 21. 

a).  shâkôl, [Strong: 7921] shaw-kole'; a primitive root; properly, to miscarry, i.e. suffer abortion; by analogy, to bereave (literally or figuratively):—bereave (of children), barren, cast calf (fruit, young), be (make) childless, deprive, destroy, × expect, lose children, miscarry, rob of children, spoil.] 

(1) Exodus 23:26 There shall nothing cast their young, nor be barren, in thy land: the number of thy days I will fulfil.

(2) Genesis 31:38 This twenty years have I been with thee; thy ewes and thy she goats have not cast their young, and the rams of thy flock have I not eaten.

(3) Job 21:10 Their bull gendereth, and faileth not; their cow calveth, and casteth not her calf.

(4) Jeremiah 15:7 And I will fan them with a fan in the gates of the land; I will bereave them of children, I will destroy my people, since they return not from their ways.

(5) Isaiah 49:21 Then shalt thou say in thine heart, Who hath begotten me these, seeing I have lost my children, and am desolate, a captive, and removing to and fro? and who hath brought up these? Behold, I was left alone; these, where had they been?

(6) Hosea 9:14 Give them, O LORD: what wilt thou give? give them a miscarrying womb and dry breasts.

b). nephel, [Strongs 5309] neh'-fel; or נֵפֶל nêphel; from H5307; something fallen, i.e. an abortion:—untimely birth.

(1) Job 3:16  Or as an hidden untimely birth I had not been; as infants which never saw light.

(2) Psalm 58:8 As a snail which melteth, let every one of them pass away: like the untimely birth of a woman, that they may not see the sun.

(3) Ecclesiastes 6:3 If a man beget an hundred children, and live many years, so that the days of his years be many, and his soul be not filled with good, and also that he have no burial; I say, that an untimely birth is better than he.

c).  sheger, [Strong: 7698] sheh'-ger from an unused root probably meaning to eject; the fetus (as finally expelled):--that cometh of, increase. 

(1) Exodus 13:12  That thou shalt set apart unto the LORD all that openeth the matrix, and every firstling that cometh of a beast which thou hast; the males shall be the LORD'S.

(2) Deuteronomy 7:13 And he will love thee, and bless thee, and multiply thee: he will also bless the fruit of thy womb, and the fruit of thy land, thy corn, and thy wine, and thine oil, the increase of thy kine, and the flocks of thy sheep, in the land which he sware unto thy fathers to give thee.

(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); But this word is never used in the association with humans, but only with animals and it never means one born dead.  It only is used for the live birth of an animal. 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. [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.]

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

1). This Hebrew word is used 5 times in the Old Testament.

a). Genesis 42:4  But Benjamin, Joseph's brother, Jacob sent not with his brethren; for he said, Lest peradventure mischief befall him.

b). Genesis 42:38 And he said, My son shall not go down with you; for his brother is dead, and he is left alone: if mischief befall him by the way in the which ye go, then shall ye bring down my gray hairs with sorrow to the grave.

c). Genesis 44:29 And if ye take this also from me, and mischief befall him, ye shall bring down my gray hairs with sorrow to the grave.

d). Exodus 21:22, 23 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.

21:23 And if any mischief follow, then thou shalt give life for life. 

2). In the Genesis passages there is no clear description of the term “mischief” but in the Exodus passage there is clarification in the phrase “life for life”. The implication in Exodus 21:22, 23 is “mischief” means a life is extinguished and a life is given in exchange for it.

3). The Jewish interpretation of this passage is the mother loses the child and that loss is not considered “mischief”. 

a). Exodus 21:22 [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.

  

k. 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). The pro-abortion argument: 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). In his article “What Exodus 21:22 Says about Abortion”,  https://www.str.org/articles/what-exodus-21-22-says-about-abortion#.W4_c-85KiUl  Greg Koukl cites Gleason Archer, Professor of Old Testament and Semitic Studies at Trinity Evangelical Divinity School: “There is no ambiguity here, whatever. What is required is that if there should be an injury either to the mother or to her children, the injury shall be avenged by a like injury to the assailant. If it involves the life (nepes) of the premature baby, then the assailant shall pay for it with his life. There is no second-class status attached to the fetus under this rule; he is avenged just as if he were a normally delivered child or an older person: life for life. Or if the injury is less, but not serious enough to involve inflicting a like injury on the offender, then he may offer compensation in monetary damages..."

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). 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 by pro-abortion advocates that a miscarriage/death of the infant is not mischief but the death of the mother is mischief and would require giving “life for life.” As I studied out the Hebrew definitions and use in the Scripture, the overwhelming internal evidence (word studies) in this verse is that this is a live premature birth not a miscarriage.

Exodus 21:23

And if any mischief follow, then thou shalt give life for life.

a. NLT: But if there is further injury, the punishment must match the injury: a life for a life, [Scripture quotations marked (NLT) are taken from the Holy Bible, New Living Translation, copyright © 1996, 2004, 2007. Used by permission of Tyndale House Publishers Inc., Carol Stream, Illinois 60188. All rights reserved.]

b. NIV: But if there is serious injury, you are to take life for life, [THE HOLY BIBLE, NEW INTERNATIONAL VERSION®, NIV® Copyright © 1973, 1978, 1984, 2011 by Biblica, Inc.® Used by Permission of Biblica, Inc.® All rights reserved worldwide.]

c. YLT: And if there is mischief, then thou hast given life for life, [The Young's Literal Translation was translated by Robert Young, who believed in a strictly literal translation of God's word. This version of the Bible is in the public domain.]

d. Amplified Bible Classic: But if any damage follows, then you shall give life for life, [Amplified Bible, Classic Edition (AMPC) Copyright © 1954, 1958, 1962, 1964, 1965, 1987 by The Lockman Foundation]

e. Septuagint: But if it be perfectly formed, he shall give life for life,

f. Stone Edition Torah/Prophets/Writings: But if there shall be a fatality, then you shall award a life for a life. [The Artscroll Series/Stone Edition, THE TANACH--STUDENT SIZE EDITION Copyright 1996, 1998 by Mesorah Publications, Ldt.]

1. “And if any mischief follow, then thou shalt give life for life.”

a. And [if] [Strong: 518 * 'im eem a primitive particle; used very widely as demonstrative, lo!; interrog., whether?; or conditional, if, although; also Oh that!, when; hence, as a negative, not:--(and, can-, doubtless, if, that) (not), + but, either, + except, + more(-over if, than), neither, nevertheless, nor, oh that, or, + save (only, -ing), seeing, since, sith, + surely (no more, none, not), though, + of a truth, + unless, + verily, when, whereas, whether, while, + yet.]

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

1). This Hebrew word is used 5 times in the Old Testament.

a). Genesis 42:4  But Benjamin, Joseph's brother, Jacob sent not with his brethren; for he said, Lest peradventure mischief befall him.

b). Genesis 42:38 And he said, My son shall not go down with you; for his brother is dead, and he is left alone: if mischief befall him by the way in the which ye go, then shall ye bring down my gray hairs with sorrow to the grave.

c). Genesis 44:29 And if ye take this also from me, and mischief befall him, ye shall bring down my gray hairs with sorrow to the grave.

d). Exodus 21:22, 23 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.

21:23 And if any mischief follow, then thou shalt give life for life.

2). In the Genesis passages there is no clear description of the term “mischief” but in the Exodus passage there is clarification in the phrase “life for life”. The implication in the Exodus passage is “mischief” means a life is extinguished and a life is given in exchange for it.

c. 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.]

d. [then thou] shalt give [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.]

e. life [Strong: 5315 * nephesh neh'-fesh from 5314; properly, a breathing creature, i.e. animal of (abstractly) vitality; used very widely in a literal, accommodated or figurative sense (bodily or mental):--any, appetite, beast, body, breath, creature, X dead(-ly), desire, X (dis-)contented, X fish, ghost, + greedy, he, heart(-y), (hath, X jeopardy of) life (X in jeopardy), lust, man, me, mind, mortally, one, own, person, pleasure, (her-, him-, my-, thy-)self, them (your)-selves, + slay, soul, + tablet, they, thing, (X she) will, X would have it.]

f. for [Strong: 8478 * tachath takh'-ath from the same as 8430; the bottom (as depressed); only adverbially, below (often with prepositional prefix underneath), in lieu of, etc.:--as, beneath, X flat, in(-stead), (same) place (where...is), room, for...sake, stead of, under, X unto, X when...was mine, whereas, (where-)fore, with.]

g. life [Strong: 5315 * nephesh neh'-fesh from 5314; properly, a breathing creature, i.e. animal of (abstractly) vitality; used very widely in a literal, accommodated or figurative sense (bodily or mental):--any, appetite, beast, body, breath, creature, X dead(-ly), desire, X (dis-)contented, X fish, ghost, + greedy, he, heart(-y), (hath, X jeopardy of) life (X in jeopardy), lust, man, me, mind, mortally, one, own, person, pleasure, (her-, him-, my-, thy-)self, them (your)-selves, + slay, soul, + tablet, they, thing, (X she) will, X would have it.]

1).  Note Don Costello: In just about every, article by pro-abortion folks, whether they claim to be Christians or not, the “go to” passage always used to defend abortion from the Bible is Exodus 21:22-23. Regarding this passage, 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/death of the infant is not “mischief” but the death of the mother is “mischief” and would require giving “life for life.” As I studied out the Hebrew definitions in this passage and their use in the Scripture, the overwhelming internal evidence (word studies) in this verse is that this is a live premature birth not a miscarriage.