What do Exodus 21:22-23 say about abortion?

Historical and Cultural Setting

In the ancient Near East, legal codes frequently addressed physical altercations that resulted in collateral damage, including injuries to expectant mothers. Exodus 21:22–23 appears in a larger context of case laws designed to guide Israel’s society under divine instruction. In other ancient Near Eastern law collections (e.g., sections of the Code of Hammurabi), punishments were rendered based on social standing or the identity of the victim. In contrast, the biblical framework views all persons under God’s sovereignty, emphasizing moral accountability for harming a pregnant woman and her child.

Quoting the Passage (Berean Standard Bible)

“‘If men who are fighting strike a pregnant woman so that her child is born prematurely but no harm follows, the one who struck her shall be fined as the woman’s husband demands and as the court allows. But if a serious injury results, then you must require a life for a life.’”

—Exodus 21:22–23

Key Elements in the Text

1. The Scenario: This passage envisions a case where men are involved in a physical struggle. During their altercation, a pregnant woman is struck.

2. Premature Birth: The text states that the child is born prematurely. The original Hebrew wording can imply that the baby is delivered alive (rather than a complete miscarriage), given that the translates it as “her child is born prematurely.”

3. No Harm Follows: If neither mother nor child suffers lasting or fatal injury from the incident, the legal penalty is a fine. The husband’s direct claim, along with judicial review, ensures that the penalty is equitable.

4. Serious Injury: If the mother or child suffers significant harm or death, the legal principle is “life for a life.” The same retributive standard used elsewhere for killing a person is applied here, suggesting the high value placed on the life of the pregnant woman and her unborn child.

Interpretation and Implications

1. Value of the Unborn: The reference to imposing “a life for a life” (Exodus 21:23) indicates that the unborn child is regarded as having moral worth comparable to a fully formed human life. This challenges interpretations that minimize the legal or moral status of the unborn; the text places a grave penalty if the child or mother dies.

2. Protection Under the Law: Ancient Israel’s legal framework is here concerned with unintentional harm. Even accidental injury to a pregnant woman is deemed serious enough to require restitution; the underlying principle is that unborn children and their mothers are to be safeguarded.

3. Application to Abortion Debates: While Exodus 21:22–23 does not specifically mention elective abortion, the seriousness with which the law treats harm to the unborn has long been cited as a strong indication that biblical law protects human life from conception onward. The unborn child is implicitly included under the “life for a life” principle, indicating personhood status.

Addressing Translation and Interpretation Variances

1. Different English Translations: Some older translations render the event as a miscarriage. The Hebrew phrase וְיָצְאוּ יְלָדֶיהָ (wəyātzʾû yəlāḏeyhā) literally means “her children come out.” In the and in many conservative translations, this describes a live premature birth if “no harm follows.”

2. Legal Consistency: Viewing the unborn as a person accords with the broader biblical context (cf. Psalm 139:13–16) that stresses God’s foreknowledge and care for human life in the womb.

Connections to Other Scriptural Teachings

1. God’s Knowledge of the Unborn: Psalm 139:13 observes, “For You formed my inmost being; You knit me together in my mother’s womb,” affirming a divine relationship to the child before birth.

2. Prophet Jeremiah’s Call: Jeremiah 1:5 underscores the idea that God has a plan for individuals even before birth: “Before I formed you in the womb I knew you…”

3. Respect for Life: Numerous passages (e.g., Genesis 1:26–27) demonstrate that humanity is created in God’s image, underpinning the high value given to human life at every stage.

Outside Documents and Supporting Evidence

1. Archaeological Parallels: Documents like the Code of Hammurabi (c. 18th century BC) include rough parallels—yet in those laws, the penalty often depended on social class rather than on the principle that all human life bears God’s image. Exodus’ law code stands apart by extending protection and due process unequivocally to the unborn.

2. Historical Interpretation: Jewish commentators and early Christian writings (e.g., the Didache) have traditionally emphasized the sanctity of unborn life, seeing this Exodus passage as evidence that deliberate harm to an unborn child is morally condemned.

Answering Common Objections

1. “The Passage Only Addresses Accidental Harm, Not Abortion”

– While the text deals with accidental injury, the principle that the unborn bears moral value still applies. If accidental harm is punishable, deliberate harm—such as elective abortion—would logically be deemed more severe under the same moral and theological framework.

2. “Some Translations Differ on Whether the Fetus Dies”

– The translation clarifies that if the child is born prematurely yet no lasting harm occurs, the penalty is financial; if death or serious harm ensues, the penalty is “life for a life.” The text strongly indicates personhood of the unborn.

Conclusion

Exodus 21:22–23, read in its plain sense within the broader biblical witness, underscores that the life of the unborn is regarded as fully human and worthy of legal protection. The statute’s premise is that causing harm to an unborn child—whether intentional or unintentional—is a serious offense. While the text does not reference elective abortion outright, it forms part of a consistent scriptural message affirming the sanctity of human life, including life in the womb.