^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

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Footnotes

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.

In other versions

ESVEnglish Standard Version

“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.

NIVNew International Version (2011)

“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.

CSBChristian Standard Bible

“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.

NLTNew Living Translation

“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.

LEBThe Lexham English Bible

“ ‘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.

KJV 1900King James Version

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.

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