“When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined… But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth…”
—Exodus 21:22–24 (ESV)
Through the Bible: Exodus 19-21
This short case law in Exodus has generated a long trail of confusion—and has been used in both sides of the abortion debate. Is the text describing a miscarriage? If so, is the unborn child treated as something less than a full life? And to what, exactly, does “life for life”apply?
To answer those questions faithfully, we have to read the passage as law, not as a slogan—carefully, patiently, and on its own terms.
What situation is being envisioned?
The law does not describe a deliberate act against a pregnant woman or her child. Two men are fighting. The woman is struck accidentally. This is collateral damage, not intent.
That matters, because biblical case law often distinguishes between:
- premeditated harm
- reckless or negligent harm
- unintended consequences of violence
This text addresses the third category.
Does “her children come out” mean miscarriage?
The Hebrew phrase is simple and striking: “her children come out.” It does not specify death.
There is no Hebrew term here that explicitly means “miscarriage” or “stillbirth.” The wording describes premature birth, not the outcome of that birth.
That’s why translations diverge. Some interpret the phrase for us (“miscarriage”), others leave it literal (“her children come out”). The Hebrew itself leaves the outcome open—on purpose.
The outcome is evaluated next.
“But there is no harm…”
This phrase is the hinge of the entire law.
The word translated “harm” (ason) refers to serious injury or death. Importantly, the text does not specify who suffers the harm. Grammatically and logically, it applies to either the mother or the child.
The structure of the law is straightforward:
- A pregnant woman is struck unintentionally
- Premature birth occurs
- If no serious harm results → a fine is imposed
- If serious harm results → lex talionis applies
The law waits to see what actually happens.
What does the fine address?
The fine is not a dismissal of the seriousness of the act. It recognizes:
- trauma
- medical risk
- emotional distress
- economic loss
- disruption to the household
The amount is negotiated by the husband and confirmed by judges, underscoring that this is a public matter of justice, not private vengeance.
But the fine applies only if no lasting harm occurs.
“Life for life”: to whom does it apply?
Since the text itself does not specify who is harmed, the most faithful reading of the statute is the most broad. It applies both to the mother and the child.
If the mother dies, life for life applies.
If the child dies, life for life applies.
If either suffers permanent injury, the proportional principle follows.
Nothing in the text restricts this to the woman alone. Reading it that way actually introduces an ethical imbalance the law itself does not signal. The unborn child is not treated as mere property or potential life. The determining factor is harm, not location.
Why this matters historically
Compared to other ancient Near Eastern law codes, this is significant. In some contemporary systems, harm to a fetus resulted only in a monetary penalty—because the child was legally treated as property.
Exodus does something different. It places the unborn child under the same harm calculus as anyone else involved in the incident.
That doesn’t turn this law into a modern manifesto for pro life, but it does show that the Torah refuses to trivialize life in the womb.
What this passage is—and is not—doing
This text is not about elective abortion. It’s not a philosophical essay on personhood. It’s not a prooftext for modern political categories.
It is a case law that insists violence has consequences, negligence matters, and actual loss of life demands full justice—whether that life is carried in the arms or in the womb.
Life for Life
Lex talionis (life for life) is often caricatured as primitive or cruel. In reality, it restrained vengeance and affirmed the value of the vulnerable. In Exodus 21, that vulnerable party includes the unborn.
The law does not speculate. It watches.It weighs outcomes.
And when life is lost, it speaks with sobering clarity:
Life for life.
Sources & Further Reading
You don’t need to master ancient law codes to read Exodus faithfully. But slowing down, asking good questions, and letting the text speak on its own terms will always take you deeper than slogans ever will. And if you really want to go deep, here are some sources recommended by ChatGPT:
- The Book of Exodus (OTL, Westminster John Knox) A classic treatment of Exodus as covenant law, with careful attention to case-law structure and restraint against over-speculation.
- Exodus 21–23, Exodus (JPS Torah Commentary) Particularly helpful on Hebrew legal terminology (ason) and how outcomes—not intent alone—govern penalties.
- Old Testament Law for Christians A clear explanation of lex talionis as proportional justice, not revenge, and its role in protecting the vulnerable.
- Ancient Near Eastern Law Provides comparative background with other ANE law codes, highlighting where biblical law diverges—especially regarding personal status versus property.
- Exodus (WBC) Discusses translation issues surrounding “her children come out” and why “miscarriage” is an interpretive, not lexical, decision.
- Studies in Biblical Law Explores how biblical case law reasons from outcomes and why premature birth is treated differently from fatal harm.
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