Two men are fighting, one of whom has a pregnant wife. The wife gets in the middle of the fight and the second man hits her, whether intentionally or not we do not know, but in any case, she either miscarries or experiences premature birth, depending on which translation you read. The Word goes on to say if there is no further harm, the man must pay a "fine" (compensation) to the woman's husband, subject to adjustment by the elders. If, however, there is further harm, the man must pay in kind: a life for a life, an eye for an eye, a tooth for a tooth, etc... This scene being described to Moses and Aaron, BY GOD, is occurring over 6,000 years ago, at a point in time when the practice of medicine was, for all intents and purposes, non-existent. To understand the importance of the context in which this fight occurs, you must abandon the idea of it taking place in today's technologically advanced society. Six thousand years ago, a prematurely born baby would only have a chance of survival if it was in the last 2 weeks of normal gestation, and even that is not guaranteed and if it managed to live, it would be beset by a myriad of ills due to insufficient maturity, especially brain and lung immaturity. So, the notion of further harm is a foregone conclusion if God had been talking about the fetus, and would be a waste of His time to discuss it. Therefore, He was not talking about the harm in reference to the fetus. He was talking about to the mother.
If the man must give his life for having taken a life (the life of the mother), and not have to give his life for having caused the fetus to miss its chance at life, then there is no other conclusion to be reached than that God does not consider an unborn fetus as being alive, in the sense of human life.
It has been suggested that since there are words in the Hebrew language that mean "stillborn" and "miscarriage" and that the word used in this passage in the old Hebrew meant "to come forth", making the passage read "If men strive, and hurt a woman with child, so that her fruit depart from her [comes forth], 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." The argument asserts that "come forth" has no meaning attached to say the baby is dead when it arrives. However, such an argument ignores the full context of the situation, namely the state of medicine at the time, which did not yet exist. It is only in the past 50 years that a premature baby more than 3 weeks would have a decent chance of survival, and only in the past 15 years that it could survive as early as 7 weeks premature.
Good afternoon brother in Christ. Thank you for your response.
You indicted we should not apply our modern understanding of a premature birth surviving in the ancient times of Moses. I agree.
Just as I would offer we should not apply the modern "worth" of a fetus and apply such to the time of Moses. The argument works both ways.
Let's examine the text:
Exodus 21: 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.(KJV)
Bolded above is the point of discussion.
"so that her fruit depart from her,"
Hebrew: 'yeled'
יֶלֶדyeled, yeh'-led; from H3205; something born, i.e. a lad or offspring:—boy, child, fruit, son, young man (one).
Off the top we see this is not a miscarriage. We also see the referred to "fruit" of the womb is born. The language clearly deems this an offspring.
Is there a different word for miscarriage?
Yes.
Exodus 23: KJV
25 And ye shall serve the Lord your God, and he shall bless thy bread, and thy water; and I will take sickness away from the midst of thee.
26 There shall nothing cast their young, nor be barren, in thy land: the number of thy days I will fulfil.(KJV)
We see above "cast their young" and barren. Let's look at the Hebrew.
Hebrew: shakol
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.
There's the clear comparison. It seems the translators of the KJV understood the difference between a premature birth and a miscarriage.
So now back to Exodus 21.
In 1995 during the periodic revision of the NASB, the translators went back to the traditional rendering of yaled as a premature birth of a child.
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
Applying the above we see if the premature birth results in no injury a fine is imposed. But if there is injury the Law applies to mete out justice. Eye for eye...etc.
What we have in Exodus 21:22-25 is the first recorded fetal homicide law.
It makes perfect sense as the "fruit" of the womb is the subject of these verses and not the mother.
We established the difference between yaled Exodus 21 (child alive) to shakol (miscarriage) in Exodus 23.
Both put within proper context using exegesis lends us better understanding.