Exodus 21:22-25 and Abortion

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I was talking to a friend of mine and one of our usual topics of discussion is abortion. She mentions that if I, as a Catholic, believe in the 7th commandment, though shall not kill, then explain Exodus 21:22-25 which says if a women is beat, resulting in the death of a unborn child, the perpitrater is to pay to her or her husband. However, if the women is to die, the beater shall pay with the ‘eye for a eye and tooth for a tooth rule.

I have a hard time understanding this verse and why she used it in supporting her side of abortion. All in all, thank you!

Dominus Vobiscum
 
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So she’s saying that the Bible promotes killing because it says eye for an eye.

Give her this verse:
You have heard that it was said, “An eye for an eye and a tooth for a tooth.” But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also.

Jesus said this in the Sermon on the Mount
 
Here is an article from the website ‘Culture Watch’:

This passage is difficult in the sense that it is a contentious passage, partly because of the way different English translations render it, and how we understand certain Hebrew terms that are used. The real difficulty is the way this passage is used in modern-day debates over abortion.

The NIV rendering of the text is as follows: “If people are fighting and 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. But if there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”

Now there is nothing too problematic here, but that is because of the way the passage has been translated. If you take something like the KJV then you find matters become a bit more cloudy: “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.”

But real issues arise if we use something like the RSV: “When men strive together, and hurt a woman with child, so that there is a miscarriage, and yet no harm follows, the one who hurt her shall be fined, according as the woman’s husband shall lay upon him; and he shall pay as the judges determine. If any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.”

Here you can see what the problem is, and how it relates to the abortion debate. It seems that a baby has been killed here, yet the fine is just a monetary one. The pro-abortion crowd seize on this and argue that the unborn baby is obviously not very important if it only is worth some monetary compensation.

This then is really an exegetical and hermeneutical problem. Getting a right understanding of the original Hebrew is the way to proceed here. So which translation best conveys the meaning of this text? The main phrase that we must focus on of course is this: “and she gives birth prematurely”.

Is the NIV on the right path here? Let me here draw upon the expertise of a number of Old Testament scholars and Hebrew experts. Douglas Stuart for example notes, as do most commentators, that there is admittedly some wording here “that is without parallel elsewhere in the Old Testament and thus challenging to translate”.

He looks at the various translation options here and then says this: “The most likely translation for the disputed portion of the law would seem to be, “If men get into a fight and hurt a pregnant woman but she is still able to have children and there is no harm…”

Continued:
 
John Piper offers five reasons why the NIV rendering is the preferred option. He says, “I agree with this translation. Here is my own literal rendering from the original Hebrew: And when men fight and strike a pregnant woman (‘ishah harah) and her children (yeladeyha) go forth (weyatse’u), and there is no injury, he shall surely be fined as the husband of the woman may put upon him; and he shall give by the judges. But if there is injury, you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.”

He concludes, “The contextual evidence supports this conclusion best. There is no miscarriage in this text. The child is born pre-maturely and is protected with the same sanctions as the mother. If the child is injured there is to be recompense as with the injury of the mother. Therefore this text cannot be used by the pro-choice advocates to show that the Bible regards the unborn as less human or less worthy of protection than those who are born.”

Continued:
 
Philip Graham Ryken takes this approach to the text: “When a pregnant woman was struck in a way that induced labor, there was an obvious risk of injury or even death to both mother and child. If there was a serious injury to either one of them, then the man who caused it would deserve strict justice – an eye for an eye, and so on. But even if the mother and her child survived, the man still needed to pay a fine, as determined by the elders. His rash and violent act had threatened two of the most vulnerable people in society: a mother and her unborn child. The law demanded a fine to show that the weak deserve special care.”

In his commentary, John Durham puts it this way: “If two men in a scuffle inadvertently strike a pregnant woman, causing by the trauma of the blow the premature birth of her child, if there is no harm, presumably either to the mother or the newborn child or children, the man who actually inflicted the blow is to pay compensation, fixed by the woman’s husband on the basis of an assessment agreed upon by an objective third party. If, however, there is permanent injury, either to the woman, or, presumably, to the child or the children she was carrying, equal injury is to be inflicted upon the one who caused it.”

In sum, it seems we can say that the full text provides us with this basic principle:

-if in a personal injury to a pregnant woman resulting in premature birth there is no serious harm, then the one who caused this is to make a monetary compensation as the appropriate price to pay (v.22);

-if in a personal injury to a pregnant woman there is serious harm, then the one who caused this is to receive the death penalty as suitable punishment (vv.23-25).

John Jefferson Davis offers his own summary of the data: “Exodus 21:22-25, far from justifying permissive abortion, in fact grants the unborn child a status in the eyes of the law equal to the mother’s. The passage is thus consistent with the high regard for prenatal life manifested elsewhere in Scripture.”

A concluding thought on this text comes from Old Testament scholar Meredith Kline who writes, “the most significant thing about abortion legislation in the biblical law is that there is none. It was so unthinkable that an Israelite woman should desire an abortion that there was no need to mention this offense in the criminal code.”
 
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I think you need to start by looking at the actual verse rather than taking their word for what it says. This is a general rule of thumb that I would use any time someone is appealing to scripture as being contradictory as many people are subject to twisting scripture through ignorance or design. That passage states the following:

“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. 23 “But if there is any further injury, then you shall appoint as a penalty life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.

If you look at the verbiage you will see that if a woman gives birth prematurely, and the child does not have any permanent injury other than being born prematurely, then the offender shall have to make restitution for his negligence or malice. However, if the offender kills or wounds the woman or the child, his penalty shall be consistent with the law with regard to assault and homicide. In other words, if the child dies, the offender shall be stoned. As you can see, there is no contradiction with the Fifth Commandment, Thou Shall Not Murder.
 
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For Exodus 21:22-25, the ancient (mid-3rd century BC) translation of the Jewish Scriptures into Greek, known as the Septuagint, has:
22 And if two men strive and smite a woman with child, and her child be born imperfectly formed, he shall be forced to pay a penalty: as the woman’s husband may lay upon him, he shall pay with a valuation. 23 But if it be perfectly formed, he shall 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. (source)
The Jewish philosopher Philo (20 BC - 50 AD), writing about the Jewish laws concerning murderers, apparently with Exodus 21:22-25 in mind, said:
(108) But if any one has a contest with a woman who is pregnant, and strike her a blow on her belly, and she miscarry, if the child which was conceived within her is still unfashioned and unformed, he shall be punished by a fine, both for the assault which he committed and also because he has prevented nature, who was fashioning and preparing that most excellent of all creatures, a human being, from bringing him into existence. But if the child which was conceived had assumed a distinct Shape in all its parts, having received all its proper connective and distinctive qualities, he shall die; (109) for such a creature as that is a man, whom he has slain while still in the workshop of nature, who had not thought it as yet a proper time to produce him to the light, but had kept him like a statue lying in a sculptor’s workshop, requiring nothing more than to be released and sent out into the world. (Philo Judaeus, Special Laws 3,19)
In reference to Exodus 21:22-25, St Thomas Aquinas said something similar:
He that strikes a woman with child does something unlawful: wherefore if there results the death either of the woman or of the animated fetus, he will not be excused from homicide, especially seeing that death is the natural result of such a blow. (St Thomas Aquinas, Summa Theologiae, 2nd Part of the 2nd Part, Question 64, Article 8, Reply to Objection 2)
 
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‘eye for a eye and tooth for a tooth rule.
What happens if a blind man destroys one of somebody else’s eyes? What happens if a toothless man knocks out somebody else’s teeth?

I’m not asking these questions as a joke.
 
They should receive a just punishment and as well repent.
 
I might say that some sort of jail sentence. But I don’t think there is a real answer as to what is a just punishment so to be honest, im kind if stuck if that.
 
But I don’t think there is a real answer
The real answer is that it’s about recompense rather than retaliation - we’re talking about keeping the peace and social order in bronze age tribes. If you were injured, you and your family needed apology and support through recompense - a sheep for a tooth, say, a herd for an eye.
 
What happens if a blind man destroys one of somebody else’s eyes? What happens if a toothless man knocks out somebody else’s teeth?
It isn’t meant to be taken literally. It is a means of justice that says the punishment cannot be greater than the crime committed.
 
I’m confused at as to what you are inferring here, could you please elaborate, im not good with words sorry
 
I’m confused at as to what you are inferring here, could you please elaborate, im not good with words sorry
I’m saying that the passages concerned are about keeping the peace and providing support to injured parties rather than about brutal punishments.
 
It’s a means of justice that says that recompense should be appropriate to the injury received.
The purpose is to limit the amount of punishment to not exceed the crime, about not exceeding equal justice.
 
Because what its talking about is a miscarriage not an abortion - the woman did not agree to it did she? As for eye for an eye Jesus did away with that at the sermon on the mount one of the few old testament laws he spoke about and said it doesn’t stand.

Also where does it say its ok the perpetrator is being punished.
 
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I know why they use this verse - it gives the fetus lower value then a person so they think that justifies that the fetus has no soul ore has less value and can be aborted.
 
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The purpose is to limit the amount of punishment to not exceed the crime, about not exceeding equal justice.
This can only proceed as an “Oh, yes it is!”/“Oh, no it isn’t!” argument so we might as well stop right here.
 
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