Exodus 21: 22 If men quarrel, and one strike a woman with child, and she miscarry indeed, but live herself: he shall be answerable for so much damage as the woman's husband shall require, and as arbiters shall award. 23 But if her death ensue thereupon, he shall render life for life. 24 Eye for eye, tooth for tooth, hand for hand, foot for foot,
If this passage be read in it's complete historical context, what we learn is that in the case of an accidentally induced abortion (the fetus is dead) then the father has a right to financial compensation for future loss of income (labour if a boy and both labour and dowry if a girl). However if the mother is killed, it becomes a far more serious offense. The death of the fetus is clearly not regarded as seriously as the mother's death.
That's completely incorrect. But understandable. There are a lot of bad English language translations of the Hebrew.
The scholars who used miscarriage or still birth are clearly in error. They form a very small minority and have engaged in eisegesis, the method of interpreting scriptures with a bias.
In order to determine the exact meaning of a word in the Bible you need a literal word for word translation and look back at the Hebrew for
Exodus 21. Those trying to use miscarriage or still born are likely using a dynamic equivalent or paraphrase translation and not a literal word for word translation.
The majority of scholars who ascribe to the Hebrew and Greek lexicon.
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 shegives 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
he 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.