The issue of having accessible abortions, the “pro-choice” position, and protecting the life of the unborn, the “pro-life” position, has become such a polarizing political issue in our society that it is with some trepidation that I have decided to share about a remarkable discovery I made as I dug into what the Bible actually specifically says about the loss of unborn life.
Unfortunately, we each approach this issue with our own baggage. For some it is the personal experience of a painful past decision. Others have such strong convictions about the horrors of the past, remembering the reality of lives lost in “back alley” abortions that they are honestly uninterested in what the Bible says about the topic, fearful that our society will “regress”. Some have experienced the love and forgiveness of Christ but have developed preconceived notions of what they think the Bible “should” say about this topic. Regardless of which camp you fall into, you will likely be surprised by what I will share.
I was translating a passage from God’s law in Exodus 21:22-25 that discusses how to properly enforce justice when a pregnant women is harmed due to a fight between men. I compared the Hebrew translation and the Greek LXX translation (known as the Septuagint, done at least 200 years before Christ). These two versions were significantly different. As I read many English translations, and dug deeper, I discovered that there is considerable divergence among all of them. I would like to clearly lay out the differences and the controversy in the translations, citing a number of English translations, and allow you to assess objectively what the Torah says and how rabbinic translators understood it.
Here is my English translation (DCB) from the Hebrew:
Exodus 21:22-25 (DCB): And when men are struggling and they strike a pregnant woman and they bring forth her children and no evil intent/injury exists, surely he is to be punished and he shall give as reparations what is set upon him by the husband of the woman with the judges. But if evil/injury exists you shall give soul for soul, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.
As an outline for what follows, here are three key points we will consider:
- What happened to the baby?
- Does the forced premature birth have evil intent?
- What does this teach us about the value of the unborn in the larger context of the Bible?
For those who want to explore the Hebrew translation, here is the word for word interlinear translation of the Hebrew text (remember Hebrew reads right to left). For some words I have included a range of possible meanings, separated by slashes. The bold text that follows is my English translation (reading left to right):
Exodus 21:22-25 Hebrew (DCB translation):
22 וְכִֽי־יִנָּצ֣וּ אֲנָשִׁ֗ים וְנָ֨גְפ֜וּ אִשָּׁ֤ה הָרָה֙ וְיָצְא֣וּ יְלָדֶ֔יהָ
her children and they bring forth pregnant woman they strike and/but men are struggling for/because/when and/but
And when men are struggling and they strike a pregnant woman and they bring forth her children
וְלֹ֥א יִהְיֶ֖ה אָס֑וֹן עָנ֣וֹשׁ יֵעָנֵ֗שׁ כַּֽאֲשֶׁ֨ר
that as he is being punished to punish evil/mischief/harm/injury become/come to pass/exists no/nothing and/but
and no evil intent/injury exists, surely he is to be punished and he shall give as reparations
בִּפְלִלִֽים׃ הָֽאִשָּׁ֔ה וְנָתַ֖ן יָשִׁ֤ית עָלָיו֙ בַּ֣עַל
with/in/by the judges he shall give and/but the woman of master/lord/husband upon him is set
what is set upon him by the husband of the woman with the judges.
23 וְאִם־אָס֖וֹן יִהְיֶ֑ה וְנָתַתָּ֥ה נֶ֖פֶשׁ תַּ֥חַת נָֽפֶשׁ׃
Soul for soul you shall give and/but become/come to pass/exists evil/mischief/injury/harm if and/but
But if evil/injury exists you shall give soul for soul,
24 עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן יָ֚ד תַּ֣חַת יָ֔ד רֶ֖גֶל תַּ֥חַת רָֽגֶל׃
Foot for foot Hand for hand Tooth for tooth Eye for eye
eye for eye, tooth for tooth, hand for hand, foot for foot,
25 כְּוִיָּה֙ תַּ֣חַת כְּוִיָּ֔ה פֶּ֖צַע תַּ֣חַת פָּ֑צַע חַבּוּרָ֕ה תַּ֖חַת חַבּוּרָֽה׃ ס
stripe for stripe wound for wound burn for burn
burn for burn, wound for wound, stripe for stripe.
Much of the confusion about these verses rests on one very simple question:
What happened to the baby?
In many English translations like the Revised Standard Version (RSV), the Living Bible (TLB), the King James Version (KJV), the Robert Altar Translation (RAT) and Youngs Literal Translation (YLT) they spell out that the woman had a miscarriage with the understanding that the fetus dies, applying the “injury” of verse 23-25 explicitly to the woman. For example:
Exodus 21:22-25 Revised Standard Version (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 [he 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.
Other translations state clearly that the baby was delivered prematurely and is assumed to live unharmed after the premature birth. This includes the New English Translation (NET) and the Amplified Translation.
Exodus 21:22-25 Amplified “If men fight with each other and injure a pregnant woman so that she gives birth prematurely [and the baby lives], yet there is no further injury, the one who hurt her must be punished with a fine [paid] to the woman’s husband, as much as the judges decide. 23 But if there is any further injury, then you shall require [as a penalty] life for life, 24 [[1]]eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
Still other translations are ambiguous and include both possibilities! This includes some of the most well known and broadly used versions: the New International Version (NIV) and the New American Standard Bible (NASB)[2] and even the Jewish Orthodox Bible (JOB)[3]:
Exodus 21:22-25 New International Version (NIV) “If people are fighting and hit a pregnant woman and she gives birth prematurely [or she has a miscarriage] 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.
The square brackets are footnotes to the NIV text!
This is all very curious and suggests that there is ambiguity as to whether the fetus dies or lives in the original text. The New English Translation (NET) states pretty clearly the ambiguity and controversy in their footnote which I have included:
Exodus 21:22-25 New English Translation (NET) “If men fight and hit a pregnant woman and her child is born prematurely[1], but there is no serious injury, the one who hit her will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. 23 But if there is serious injury, then you will give a life for a life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
[1] “This line has occasioned a good deal of discussion. It may indicate that the child was killed, as in a miscarriage; or it may mean that there was a premature birth. The latter view is taken here because of the way the whole section is written: (1) “her children come out” reflects a birth and not the loss of children, (2) there is no serious damage, and (3) payment is to be set for any remuneration. The word אָסוֹן (ʾason) is translated “serious damage.” The word was taken in Mekilta to mean “death.” U. Cassuto says the point of the phrase is that neither the woman or the children that are born die (Exodus, 275). But see among the literature on this: M. G. Kline, “Lex Talionis and the Human Fetus,”JETS 20 (1977): 193-201; W. House, “Miscarriage or Premature Birth: Additional Thoughts on Exodus 21:22-25, ” WTJ 41 (1978): 108-23; S. E. Loewenstamm, “Exodus XXI 22-25, ” VT 27 (1977): 352-60.”
What is clear to me is that if you have to cite three journal papers and extrabiblical sources to justify your choice, and also state outright that it could mean either thing, then this is not clear directly from the Hebrew text itself. So far deeper study has simply raised more questions. Like Schrodinger’s Cat we wonder, is the baby dead or alive? Please bear with me as we push forward anyway!
Does the forced premature birth have evil intent?
If we back up a moment and look at my Hebrew translation much of my understanding depends on how you translate the Hebrew word אָס֖וֹן (ahsone).
Does ahsone mean injury/harm (an outcome) or evil/mischief (an intent)?
The commentary in the Rabbinic chumash follows the latter idea and puts forward that the severity of the judgement entirely depends upon whether the assailant had intent to harm the woman and baby. [4]
There are a few English translations that capture the nuance of intent well by the use of “mischief” to translate ahsone. For example in both the YLT[5] and the KJV:
Exodus 21:22-25 King James Version (KJV) 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.
Here the KJV spells out that the unborn baby is dead, by saying the “fruit departs”, and then leaves the judge to determine whether there was intent to do “mischief” and base the severity of the penalty upon that determination (essentially manslaughter vs murder). The KJV makes it clear that the “mischief to follow” must be talking about further injury to the mother, because the baby is dead. This is spelled out even more explicitly in the Living Bible:
Exodus 21:22-25 Living Bible (TLB) “If two men are fighting, and in the process hurt a pregnant woman so that she has a miscarriage, but she lives, then the man who injured her shall be fined whatever amount the woman’s husband shall demand, and as the judges approve. 23 But if any harm comes to the woman and she dies, he shall be executed. 24 If her eye is injured, injure his; if her tooth is knocked out, knock out his; and so on—hand for hand, foot for foot, 25 burn for burn, wound for wound, lash for lash.”
Another interesting scholarly translation to consider is by Robert Alter who translates Ahsone as “mishap”. I also found his footnotes to be quite helpful:
Exodus 21:22-25 Robert Alter Translation “And should men brawl and collide with a pregnant woman and her fetus come out [1] , but there is no other mishap [2], he shall surely be punished according to what the woman’s husband imposes upon him; he shall pay by the reckoning. 23 And if there is a mishap, you shall pay a life for a life, 24 an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, 25 a burn for a burn, a wound for a wound, a bruise for a bruise.[3],
[1] R. Alter footnote “and her fetus come out – The Masoretic text reads weyats’u yeladeha , “and her children came out,” which amounts to the same thing but seems a little odd, especially because of the plural “children”. The Samaritan text and the Septuagint both have weyatsa’ weladah, “and her fetus came out”.”
[2] R Alter footnote: “no other mishap – The reference would have to be to the death, or at least grave impairment, of the pregnant woman. “Other” is supplied in the translation for sake of clarity.”
[3] R Alter footnote: “a life for a life, an eye for an eye… a bruise for a bruise – The pitiless punishment by equivalent injury of this famous lex talionis – again, with a parallel in the Code of Hammurabi – has created much discomfort and elicit tracks of commentary… The preponderant view of the Jewish commentators in Late Antiquity and the Middle Ages is that in each of the cases stipulated here, the intention is for the liable party to pay monetary compensation for the loss incurred. The possibility should not be excluded that this was the original intention: monetary compensation for such losses was a widespread practice in ancient Near Eastern codes, and as some of the medieval commentators point out, it would have been unfeasible to implement the lex talionis literally with equity (e.g. how does one punish someone who has caused a man a partial loss of eyesight in one eye?)“ In support of this idea, Alter also points out that in the next verse it is very clear that for the loss of a slave’s tooth monetary compensation is given.
Unfortunately we don’t get much assistance from the rest of the Bible in translating the word ahsone because is only used 5 times in the Old Testament. Three times it refers to Jacob being concerned that Benjamin not come to harm. In each of these cases it is consistently translated into Greek as μαλακία (sickness, illness, infirmity, weakness)[6] However, given the malicious intent of his sons in doing harm to Joseph, and the Greek root malakos meaning evil, the ambiguity looms here as well. Jacob wants nothing ill to befall Benjamin, but this “ill” could easily include intentional evil actions done to usurp Benjamin’s position as his favored son!
The other two times ahsone is used are in this very passage, but neither time is the word directly translated to a corresponding Greek word in the LXX. In fact, there is a fascinating clarification presented in the Septuagint! Here is how I translate this passage from the Greek LXX (Benton’s translation is in the footnote for comparison):
Exodus 21:22-25 LXX (DCB translation):
22 ἐὰν δὲ μάχωνται δύο ἄνδρες καὶ πατάξωσι γυναῖκα ἐν
And if two men should be quarreling and they should smite a woman with
γαστρὶ ἔχουσαν καὶ ἐξέλθῃ τὸ παιδίον αὐτῆς μὴ
a womb holding an infant and her infant comes forth not
ἐξεικονισμένον, ἐπιζήμιον ζημιωθήσεται· καθότι ἂν ἐπιβάλῃ
having been fully formed, a fine is as much as you will ever inflict.
ὁ ἀνὴρ τῆς γυναικός, δώσει μετὰ ἀξιώματος
The husband of the woman will give a judicial assessment of damages.
23 ἐὰν δὲ ἐξεικονισμένον ᾖ, δώσει ψυχὴν ἀντὶ ψυχῆς,
But if it was fully formed, he will give soul for soul,
24 ὀφθαλμὸν ἀντὶ ὀφθαλμοῦ, ὀδόντα ἀντὶ ὀδόντος, χεῖρα ἀντὶ
Eye for eye, tooth for tooth, hand for
χειρός, πόδα ἀντὶ ποδός,
hand, foot for foot,
25 κατάκαυμα ἀντὶ κατακαύματος, τραῦμα ἀντὶ τραύματος,
burn for burn, wound for wound,
μώλωπα ἀντὶ μώλωπος.[7]
stripe for stripe.
The Septuagint makes it very clear how the Rabbi’s who translated the Torah into Greek understood the law. This scripture, recognizes the frailty of fetuses and limits the severity of reparations for early term miscarriages, but also establishes that at some point a fetus is a fully formed baby in the womb and needs to be treated with equal status to a person (soul for soul, eye for eye…). In essence the Septuagint side steps the issue of whether there is intent to do evil (perhaps rightly assessing that the two men were fighting, so there had to be some intent to do evil) and instead entirely bases the assessment of fines vs bodily reparations on whether the injured child is “fully formed”.
Certainly the Greek translation of the Hebrew text is unambiguous and elevates the rights of “fully formed” fetuses to the status of full humans! At the same time this law mercifully recognizes the tenuous nature of early pregnancy and the prevalence of miscarriages in a way that protects accidental miscarriage from carrying the same judicial consequence as murdering a baby.
Wherever you fall in your current beliefs, I hope you can appreciate the practical wisdom of this judicial approach, from God’s word, in handling the painful loss of unborn life.
What does this teach us about the value of the unborn in the larger context of the Bible?
Let me first restate what is clear from these verses regardless how you translate them. This passage discusses a specific case where there is collateral damage to a fetus. It is not describing an unambiguous intent to kill the unborn fetus, as is found in abortion. To the extent that the text uses an ambiguous word that can mean evil intent or harm, it also asserts that the penalty for such evil intent is more severe, potentially life for life.
The assignment of a monetary compensation for the loss of “unformed” fetal life, is not denigrating the worth of fetal life. In fact if you read further, in Exodus 21:28-32, we see that 30 shekels of silver is the reparation due as compensation from the owner of an ox that gores and kills a living man or woman. To our western sensibilities this may sound strange, but the idea was to limit an escalating cycle of violence due to accidental death and allow meaningful reparation and forgiveness.
Regardless of how we read and understand this law from Exodus, let me state my own conclusion which I do believe represents what God feels about the unborn: the unborn are God’s precious creations which He loves. Any loss of unborn life brings sadness to God. The intentional killing of any innocent, including the unborn, is abhorrent to God because all of the unborn are created and knit together by God in the womb and animated by his breath. God ordains the days of their lives before they have breathed their first breath. God knows the personalities and future of the unborn, and these personalities, like Jacob’s, are even manifest in the womb. God desires faithfulness and grants wisdom in the womb. Many special people in the Bible were dedicated to God in the womb: God set apart judges like Sampson, prophets like Jeremiah and anointed the herald of the messiah, John the Baptist, with the Holy Spirit before he was born. Jesus was conceived by the Holy Spirit, called by God, named and allied with God in the womb.
The Septuagint translation of this passage in Exodus makes it clear that God understands the judicial need to distinguish practically between unformed fetuses and fully formed babies in the womb, but this distinction in no way negates his heart for the unborn and his desire that all be valued.
If abortion is part of your story, remember that Jesus died for us so that that we could be forgiven for every sinful act, even murder. God mourns the loss of unborn life, but whether taken accidentally or intentionally, in Jesus name there is forgiveness available to all who repent and ask for it by faith in his death, burial and resurrection.
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For those who desire to read more about what the Bible says about the unborn here are a number of verses that I found helpful to understand the full counsel of God about the unborn:
Psalm 139:13-16 13 For you created my inmost being; you knit me together in my mother’s womb. I praise you because I am fearfully and wonderfully made; your works are wonderful, I know that full well. My frame was not hidden from you when I was made in the secret place, when I was woven together in the depths of the earth. Your eyes saw my unformed body; all the days ordained for me were written in your book before one of them came to be.
Isaiah 44:2 This is what the Lord says— he who made you, who formed you in the womb, and who will help you: Do not be afraid, Jacob, my servant, Jeshurun, whom I have chosen.
Isaiah 44:24 “This is what the Lord says— your Redeemer, who formed you in the womb: I am the Lord, the Maker of all things, who stretches out the heavens, who spreads out the earth by myself,
Isaiah 64:8 Yet you, Lord, are our Father. We are the clay, you are the potter; we are all the work of your hand.
Psalm 58:3 Even from birth the wicked go astray; from the womb they are wayward, spreading lies.
Psalm 51:6 Yet you desired faithfulness even in the womb; you taught me wisdom in that secret place.
Job 31:15 Did not he who made me in the womb make them? Did not the same one form us both within our mothers?
Psalm 106:37-38 They even sacrificed their sons and their daughters to the demons, And shed innocent blood, The blood of their sons and their daughters Whom they sacrificed to the idols of Canaan; And the land was defiled with the blood.
Jeremiah 32:35 They built high places for Baal in the Valley of Ben Hinnom to sacrifice their sons and daughters to Molek, though I never commanded—nor did it enter my mind—that they should do such a detestable thing and so make Judah sin.
Sampson:
Judges 13:5 You will become pregnant and have a son whose head is never to be touched by a razor because the boy is to be a Nazirite, dedicated to God from the womb. He will take the lead in delivering Israel from the hands of the Philistines.”
Judges 13:7 But he said to me, ‘You will become pregnant and have a son. Now then, drink no wine or other fermented drink and do not eat anything unclean, because the boy will be a Nazirite of God from the womb until the day of his death.’”
Jacob:
Genesis 25: 21-26 Isaac prayed to the Lord on behalf of his wife, because she was childless. The Lord answered his prayer, and his wife Rebekah became pregnant. The babies jostled each other within her, and she said, “Why is this happening to me?” So she went to inquire of the Lord.
The Lord said to her, “Two nations are in your womb, and two peoples from within you will be separated; one people will be stronger than the other, and the older will serve the younger.”
When the time came for her to give birth, there were twin boys in her womb. The first to come out was red, and his whole body was like a hairy garment; so they named him Esau. After this, his brother came out, with his hand grasping Esau’s heel; so he was named Jacob.
Hosea 12:3 In the womb he grasped his brother’s heel; as a man he struggled with God.
Paul:
Galatians 1:11-20 I want you to know, brothers and sisters, that the gospel I preached is not of human origin. 12 I did not receive it from any man, nor was I taught it; rather, I received it by revelation from Jesus Christ. 13 For you have heard of my previous way of life in Judaism, how intensely I persecuted the church of God and tried to destroy it. 14 I was advancing in Judaism beyond many of my own age among my people and was extremely zealous for the traditions of my fathers.
15 But when God, who set me apart from my mother’s womb and called me by his grace, was pleased to reveal his Son in me so that I might preach him among the Gentiles, my immediate response was not to consult any human being.
17 I did not go up to Jerusalem to see those who were apostles before I was, but I went into Arabia. Later I returned to Damascus. 18 Then after three years, I went up to Jerusalem to get acquainted with Cephas and stayed with him fifteen days. 19 I saw none of the other apostles—only James, the Lord’s brother. 20 I assure you before God that what I am writing you is no lie.
Jeremiah:
Jeremiah 1:5 “Before I formed you in the womb I knew you, before you were born I set you apart; I appointed you as a prophet to the nations.”
Jesus, the Suffering Servant, the sacrifice in Psalm 22:
Isaiah 49:1 Listen to me, you islands; hear this, you distant nations: Before I was born the Lord called me; from my mother’s womb he has spoken my name.
Isaiah 49:5 And now the Lord says— he who formed me in the womb to be his servant to bring Jacob back to him and gather Israel to himself, for I am honored in the eyes of the Lord and my God has been my strength—
Psalm 22:10 From birth I was cast on you; from my mother’s womb you have been my God.
John the Baptist:
Luke 1:13-15 But the angel said to him: “Do not be afraid, Zechariah; your prayer has been heard. Your wife Elizabeth will bear you a son, and you are to call him John. He will be a joy and delight to you, and many will rejoice because of his birth, for he will be great in the sight of the Lord. He is never to take wine or other fermented drink, and he will be filled with the Holy Spirit even before he is born.
Luke 1:41-44 When Elizabeth heard Mary’s greeting, the baby leaped in her womb, and Elizabeth was filled with the Holy Spirit. In a loud voice she exclaimed: “Blessed are you among women, and blessed is the child you will bear! But why am I so favored, that the mother of my Lord should come to me? As soon as the sound of your greeting reached my ears, the baby in my womb leaped for joy.
[1] “The concept of reciprocal punishment for a wrongful injury is applied mainly to special cases not already covered by more complex laws.”
[2] Exodus 21:22-25 New American Standard Bible (NASB) “Now if people struggle with each other and strike a pregnant woman so that [an untimely birth occurs; literally: her children come out] she gives birth prematurely, but there is no injury, the guilty person shall certainly be fined as the woman’s husband [Literally: lays on him] may demand of him, and he shall pay [by arbitration] 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, [welt] bruise for bruise.
[3] Exodus 21:22-25 Jewish Orthodox Bible (JOB) 22 If men fight, and hurt an isha harah (pregnant woman), so that she gives birth prematurely but not with any injury; he shall be surely punished, according as the ba’al haisha will assess a fine upon him; and he shall pay as the judges determine. 23 And if any ason (harm, fatality) follow, then thou shalt take nefesh for nefesh,24 Ayin for ayin, shen for shen, yad for yad, regel for regel, 25 Burn for burn, wound for wound, chaburah (stripe laceration) for chaburah.
[4] For example the Babylonian Talmud in Sanhedrin, Folios 78B, 79A, and 79B gives a fairly comprehensive discussion of this passage.
[5] Exodus 21:22-25 Youngs Literal Translation (YLT) `And when men strive, and have smitten a pregnant woman, and her children have come out, and there is no mischief, he is certainly fined, as the husband of the woman doth lay upon him, and he hath given through the judges; 23 and if there is mischief, then thou hast given 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.
[6] In Genesis 42:4 אָס֖וֹן is translated into Greek in the LXX as μαλακία, and again in Gen 42:38 as μαλακισθήναι and finally in Gen 44:29 μαλακία.
[7] Exodus 12:22-25 Benton LXX Translation 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.
Atheist to Elder 
Fascinating, Dave!
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