22 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.
We are told that if a pregnant woman was struck and lost her child, that the man who caused the miscarriage would now be punished, both by the demands of the husband and the judges. The exact penalty was therefore determined on a case-by-case basis, rather than as a single, predetermined sentence. In any case, it seems like death would not have been the typical punishment.
Some may take this lesser penalty as evidence that the child growing in the womb was not considered a spirit-quickened soul, but such a conclusion isn’t certain at all. It could also be that the penalty was less because the situation described in these verses would be an accidental death. It tells of two men who are struggling with one another, who in the course of their struggle accidentally shove up against the woman. This would therefore amount to manslaughter at the most, and not murder, and we have already seen how the Lord took a more lenient view towards manslaughter than murder.
What would be more conclusive is if we had a law relating to the intentional causing of a miscarriage, but that particular situation isn’t spelled out in the books of Moses. Perhaps to the ancient Israelite that situation was considered to have already been covered by the other laws we have read.
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