If men strive, and hurt a woman. This passage at first sight is ambiguous, for if the word death only applies to the pregnant woman, it would not have been a capital crime to put an end to the foetus, which would be a great absurdity; for the fœtus, though enclosed in the womb of its mother, is already a human being, (homo) and it is almost a monstrous crime to rob it of the life which it has not yet begun to enjoy. If it seems more horrible to kill a man in his own house than in a field, because a man’s house is his place of most secure refuge, it ought surely to be deemed more atrocious to destroy a foetus in the womb before it has come to light. On these grounds I am led to conclude, without hesitation, that the words, “if death should follow,” must be applied to the foetus as well as to the mother.
JOHN CALVIN in Commentary on the Four Last Books of Moses, on Exodus 21:22
I think the important observation of that passage is nowhere is miscarriage or abortion mentioned in the Hebrew:
Here is the passage in question.
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.