Exodus 21:22-25

EXODUS—NOTE ON Exodus 21:22 These verses are difficult to interpret. The esv offers a traditional understanding in the text and an alternative view in the footnote. Interpreters agree that the passage describes a brawl in which a pregnant woman is accidentally hit, resulting in either a premature live birth or a miscarriage where the child dies (her children come out). Interpreters disagree, however, about the exact meaning of the Hebrew traditionally rendered there is no harm... there is harm, and the judges determine (see esv footnote for the alternative reading). According to the traditional view, “harm” is suffered by either the woman or her baby. Depending on the extent of loss, the man who caused the injury shall pay “as the judges determine.” The alternative view assumes that the baby has died, and the issue is who should pay the penalty. In a fight, it may not be obvious who is responsible for the lethal blow. If the offender can be identified, he alone must pay for the loss of life (see v. Exodus 21:30). If the offender cannot be identified, the community (you) shall pay. Either interpretation clearly regards the unborn child as fully human (see Psalms 71:5 and note; Psalms 139:13).