^21:18“If men fight, and one strikes his neighbor with a stone or with his fist and he does not die, but must remain in bed,³⁹^21:19and then⁴⁰ if he gets up and walks about⁴¹ outside on his staff, then the one who struck him is innocent, except he must pay⁴² for the injured person’s⁴³ loss of time⁴⁴ and see to it that he is fully healed.

^21:20“If a man strikes his male servant or his female servant with a staff so that he or she⁴⁵ dies as a result of the blow,⁴⁶ he will surely be punished.⁴⁷^21:21However, if the injured servant⁴⁸ survives one or two days, the owner⁴⁹ will not be punished, for he has suffered the loss.⁵⁰

^21:22“If men fight and hit a pregnant woman and her child is born prematurely,⁵¹ but there is no serious injury, he will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides.⁵²^21:23But if there is serious injury, then you will give a life for a life, ^21:24eye for eye, tooth for tooth, hand for hand, foot for foot, ^21:25burn for burn, wound for wound, bruise for bruise.⁵³

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Footnotes

39 Heb “falls to bed.”
40 “and then” has been supplied.
41 The verb is a Hitpael perfect with vav (ו) consecutive; it follows the sequence of the imperfect before it—“if he gets up and walks about.” This is proof of recovery.
42 The imperfect tense carries a nuance of obligatory imperfect because this is binding on the one who hit him.
43 Heb “his”; the referent (the injured person) has been specified in the translation for clarity.
44 The word appears to be the infinitive from the verb “to sit” with a meaning of “his sitting down”; some suggest it is from the verb “to rest” with a meaning “cease.” In either case the point in the context must mean compensation is due for the time he was down.
45 Heb “so that he”; the words “or she” have been supplied in the translation for stylistic reasons.
46 Heb “under his hand.”
47 Heb “will be avenged” (how is not specified).
48 Heb “if he”; the referent (the servant struck and injured in the previous verse) has been specified in the translation for clarity.
49 Heb “he”; the referent (the owner of the injured servant) has been supplied in the translation for clarity.
50 This last clause is a free paraphrase of the Hebrew, “for he is his money” (so , ); “his property.” It seems that if the slave survives a couple of days, it is probable that the master was punishing him and not intending to kill him. If he then dies, there is no penalty other than that the owner loses the slave who is his property—he suffers the loss.
51 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 (’ason) 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, ). But see among the literature on this: M. G. Kline, “Lex Talionis and the Human Fetus,” 20 (1977): ; W. House, “Miscarriage or Premature Birth: Additional Thoughts on Exodus 21:22–25,” 41 (1978): ; S. E. Loewenstamm, “Exodus XXI 22–25,” 27 (1977): 352–60.
52 The word בִּפְלִלִים (biflilim) means “with arbitrators.” The point then seems to be that the amount of remuneration for damages that was fixed by the husband had to be approved by the courts. S. R. Driver mentions an alternative to this unusual reading presented by Budde, reading בנפלים as “untimely birth” (Exodus, ). See also E. A. Speiser, “The Stem PLL in Hebrew,” 82 (1963): 301–6.
53 The text now introduces the Lex Talionis with cases that were not likely to have applied to the situation of the pregnant woman. See K. Luke, “Eye for Eye, Tooth for Tooth,” Indian Theological Studies 16 (1979): 326–43.

In other versions

ESVEnglish Standard Version

“When men quarrel and one strikes the other with a stone or with his fist and the man does not die but takes to his bed, then if the man rises again and walks outdoors with his staff, he who struck him shall be clear; only he shall pay for the loss of his time, and shall have him thoroughly healed.

“When a man strikes his slave, male or female, with a rod and the slave dies under his hand, he shall be avenged. But if the slave survives a day or two, he is not to be avenged, for the slave is his money.

“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, as the woman’s husband shall impose on him, and he shall pay as the judges determine. But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.

NIVNew International Version (2011)

“If people quarrel and one person hits another with a stone or with their fist and the victim does not die but is confined to bed, the one who struck the blow will not be held liable if the other can get up and walk around outside with a staff; however, the guilty party must pay the injured person for any loss of time and see that the victim is completely healed.

“Anyone who beats their male or female slave with a rod must be punished if the slave dies as a direct result, but they are not to be punished if the slave recovers after a day or two, since the slave is their property.

“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.

CSBChristian Standard Bible

“When men quarrel and one strikes the other with a stone or his fist, and the injured man does not die but is confined to bed, if he can later get up and walk around outside leaning on his staff, then the one who struck him will be exempt from punishment. Nevertheless, he must pay for his lost work time and provide for his complete recovery.

“When a man strikes his male or female slave with a rod, and the slave dies under his abuse, the owner must be punished. However, if the slave can stand up after a day or two, the owner should not be punished because he is his owner’s property.

“When men get in a fight and hit a pregnant woman so that her children are born prematurely but there is no injury, the one who hit her must be fined as the woman’s husband demands from him, and he must pay according to judicial assessment. If there is an injury, then you must give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, bruise for bruise, wound for wound.

NLTNew Living Translation

“Now suppose two men quarrel, and one hits the other with a stone or fist, and the injured person does not die but is confined to bed. If he is later able to walk outside again, even with a crutch, the assailant will not be punished but must compensate his victim for lost wages and provide for his full recovery.

“If a man beats his male or female slave with a club and the slave dies as a result, the owner must be punished. But if the slave recovers within a day or two, then the owner shall not be punished, since the slave is his property.

“Now suppose two men are fighting, and in the process they accidentally strike a pregnant woman so she gives birth prematurely. If no further injury results, the man who struck the woman must pay the amount of compensation the woman’s husband demands and the judges approve. But if there is further injury, the punishment must match the injury: a life for a life, an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, a burn for a burn, a wound for a wound, a bruise for a bruise.

LEBThe Lexham English Bible

“ ‘And if men quarrel and a man strikes his neighbor with a stone or with a fist and he does not die, but he is confined to bed, if he stands and walks about in the outside on his staff, the striker will be unpunished; he will only pay for his inactivity toward his full recovery.” And if a man strikes his male slave or his female slave with the rod and he dies under his hand, he will surely be avenged. Yet if he survives a day or two days, he will not be avenged, because he is his money.

“ ‘And if men fight and they injure a pregnant woman, and her children go out and there is not serious injury, he will surely be fined as the woman’s husband demands concerning him and as the judges determine. And if there is serious injury, you will give life in place of life, eye in place of eye, tooth in place of tooth, hand in place of hand, foot in place of foot, burn in place of burn, wound in place of wound, bruise in place of bruise.

KJV 1900King James Version

And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed: If he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed. And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money. 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. And if any mischief follow, then thou shalt give life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripe.

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