When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman's husband shall impose on him, and he shall pay as the judges determine. But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.
Exodus 21: 22 - 25
Apparently, in God's eyes the fetus is not a human being. Therefore, the abortion is not the murder.
Actually what you quoted is the very first recorded fetal homicide law. Here's why:
Exodus 21: King James Version (KJV)
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 upon him; and he shall pay as the judges determine.
23 And if any mischief follow, then thou shalt give life for life,
24 Eye for eye, tooth for tooth, hand for hand, foot for foot,
25 Burning for burning, wound for wound, stripe for stripe.
Now another word for word literal translation from a modern English version.
Exodus 21: NASB
"If men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman's husband may demand of him, and he shall pay as the judges decide. But if there is any further injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.
Exodus 21:22-25 NASB
http://bible.com/100/exo.21.22-25.NASB
Now we take a look at the Hebrew lexicon.
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.
So that her fruit:
Hebrew: יֶלֶד
yeled
The KJV translates Strongs H3206 in the following manner:child (72x),
young man (7x),
young ones (3x),
sons (3x),
boy (2x),
fruit (1x),
variant (1x).
child, son, boy, offspring, youth
- child, son, boy
- child, children
- descendants
- youth
Yeled is not not miscarriage nor still birth, it's a live child.
Is there a Hebrew word for miscarriage and stillborn? Yes and it is not Yeled.
Exodus 23: KJV
26 There shall nothing cast their young, nor be barren, in thy land: the number of thy days I will fulfil.
The above now in the Hebrew lexicon:
שָׁכֹל
shakol
The KJV translates Strongs H7921 in the following manner:bereave (10x),
barren(2x),
childless (2x),
cast young(2x),
cast a calf (1x),
lost children (1x),
rob of children(1x),
deprived (1x),
misc (5x).
שָׁכֹלshâkôl, 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.
So we can see shakol is not used in
Exodus 21:22ff.
Yaled is alive; shakol is miscarriage.
Now of course we do know with modern medical technology we become a new distinct human being at conception:
The question as to when the physical material dimension of a human being begins is strictly a scientific question, and fundamentally should be answered by human embryologists�not by philosophers, bioethicists, theologians, politicians, x-ray technicians, movie stars, or obstetricians and gynecologists. The question as to when a human person begins is a philosophical question. Current discussions on abortion, human embryo research (including cloning, stem cell research, and the formation of mixed-species chimeras), and the use of abortifacients involve specific claims as to when the life of every human being begins. If the "science" used to ground these various discussions is incorrect, then any conclusions will be rendered groundless and invalid. The purpose of this article is to focus primarily on a sampling of the "scientific" myths, and on the objective scientific facts that ought to ground these discussions. At least it will clarify what the actual international consensus of human embryologists is with regard to this relatively simple scientific question. In the final section, I will also address some "scientific" myths that have caused much confusion within the philosophical discussions on "personhood."
https://www.princeton.edu/~prolife/articles/wdhbb.html
"Embryo: The developing individual between the union of the germ cells and the completion of the organs which characterize its body when it becomes a separate organism.... At the moment the sperm cell of the human male meets the ovum of the female and the union results in a fertilized ovum (zygote), a new life has begun.... The term embryo covers the several stages of early development from conception to the ninth or tenth week of life."
[Considine, Douglas (ed.). Van Nostrand's Scientific Encyclopedia. 5th edition. New York: Van Nostrand Reinhold Company, 1976, p. 943]
"I would say that among most scientists, the word 'embryo' includes the time from after fertilization..."
[Dr. John Eppig, Senior Staff Scientist, Jackson Laboratory (Bar Harbor, Maine) and Member of the NIH Human Embryo Research Panel -- Panel Transcript, February 2, 1994, p. 31]
"The development of a human begins with fertilization, a process by which thespermatozoon from the male and the oocyte from the female unite to give rise to a new organism, the zygote."
[Sadler, T.W. Langman's Medical Embryology. 7th edition. Baltimore: Williams & Wilkins 1995, p. 3]
"The question came up of what is an embryo, when does an embryo exist, when does it occur. I think, as you know, that in development, life is a continuum.... But I think one of the useful definitions that has come out, especially from Germany, has been the stage at which these two nuclei [from sperm and egg] come together and the membranes between the two break down."
[Jonathan Van Blerkom of University of Colorado, expert witness on human embryology before the NIH Human Embryo Research Panel -- Panel Transcript, February 2, 1994, p. 63]
"Zygote. This cell, formed by the union of an ovum and a sperm (Gr. zyg tos, yoked together), represents the beginning of a human being. The common expression 'fertilized ovum' refers to the zygote."
[Moore, Keith L. and Persaud, T.V.N. Before We Are Born: Essentials of Embryology and Birth Defects. 4th edition. Philadelphia: W.B. Saunders Company, 1993, p. 1]
"The chromosomes of the oocyte and sperm are...respectively enclosed withinfemale and malepronuclei. These pronuclei fuse with each other to produce the single, diploid, 2N nucleus of the fertilized zygote. This moment of zygote formation may be taken as the beginning or zero time point of embryonic development."
[Larsen, William J. Human Embryology. 2nd edition. New York: Churchill Livingstone, 1997, p. 17]
"Although life is a continuous process, fertilization is a critical landmark because, under ordinary circumstances, a new, genetically distinct human organism is thereby formed.... The combination of 23 chromosomes present in each pronucleus results in 46 chromosomes in the zygote. Thus the diploid number is restored and the embryonic genome is formed. The embryo now exists as a genetic unity."
[O'Rahilly, Ronan and M�ller, Fabiola. Human Embryology & Teratology. 2nd edition. New York: Wiley-Liss, 1996, pp. 8, 29. This textbook lists "pre-embryo" among "discarded and replaced terms" in modern embryology, describing it as "ill-defined and inaccurate" (p. 12}]
"Almost all higher animals start their lives from a single cell, the fertilized ovum (zygote)... The time of fertilization represents the starting point in the life history, or ontogeny, of the individual."
[Carlson, Bruce M. Patten's Foundations of Embryology. 6th edition. New York: McGraw-Hill, 1996, p. 3]
https://www.princeton.edu/~prolife/articles/embryoquotes2.html