Exodus Chapters 21-23:19- John Karmelich
Appendix -- Discussion of Abortion & Exodus 21:22
For those of you interested in the abortion debate, read further. If not, you’re free to pass. It’s fairly technical, and I do my best to simplify the arguments.
Here is the verse as it reads in the NIV: "If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. (Exodus 21:22 NIV)
Here is the "pro-abortion" argument based on this verse: The argument is that a physical fight causes a miscarriage in a pregnant woman. The offender is fined, but not sentenced to death for the crime. Therefore, the value of a yet-to-be born life is less than a baby/human, as that would definitely require a death sentence.
The counter-argument is as follows: "The word in Hebrew ("yatsa") means to "come forth" or to "give birth" as it is translation in the King James, New King James or NIV translation. The word is never used for a miscarriage, though it is used for a still birth. But in this passage, as in virtually all Old Testament texts, it refers to a live, though premature birth…"There is another Hebrew word for miscarriage ("shakol") and it is not used here. From "When Critics Ask" by Norman Geisler.
Therefore, this passage means that if a fight causes a pre-mature birth, the responsible party has to bear the cost. Pre-mature birth can mean birth defects, deformities, etc. This law states the guilty party is responsible for doing what is fair to take care of the baby.
One additional quote:
"There is no ambiguity here, whatever. What is requires is that if there should be an injury either to the mother or to her children, the injury shall be avenged by a like injury to the assailant. If it involves the life ("nepes"-Hebrew) of the premature baby, then the assailant shall pay for it with his life. There is no second-class status attached to the fetus under this rule; he is avenged just as if he were a normally delivered child or an older person: life for life. Or if the injury is less, but not serious enough to involve inflicting a like injury on the offender, then he may offer compensation in monetary damages."" Gleason Archer, Professor of Old Testament & Semitic Studies, Trinity Evangelical Divinity School. From the book "Bible Difficulties", Zondervan Publishing, 1982.
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If you encounter someone who believes this verse permits abortion, have him or her check a bunch of different translations. The majority of English translations do not use that word. There is a web-site that allows you to see many translations at once. http://www.ccel.org/wwsb/
One last quote: From Hebrew scholar Umberto Cassuto translated this verse as follows:
"When men strive together and they hurt unintentionally a woman with child, and her children come forth but no mischief happens, that is, the woman and the children do not die- the one who huts her shall surely be punished by a fine. But if any mischief happens, that is, if the woman dies or the children, they you shall give life for life." Commentary on the Book of Exodus, Magness Press, 1967.