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…
The only sense in which retaliation was authorized was as a maxim of law, which helped to fix the measure of punishment for crime. It was the mode of punishment which was at once the simplest, the most natural, and the most easily administered. Indeed, in many cases it was the only mode possible. How would our modern reformers punish such offences? By putting the malefactor in prison? But where was the prison in the desert? In the desert the only possible penalty was one which could be inflicted on the person of the offender, and here the principle of strict retaliation for the crime committed, rigid as it may seem, was perfectly just. It was right that he who inflicted a wound upon his neighbour should feel himself how sharp and keen a wound may be; that he who ferociously tore his brother's eye from its socket should forfeit his own. The law against murder followed the same inexorable rule — "life for life"; a law in which there was no element of pardon or pity. But Moses did not create it; it had been the law of the desert long before he was born. When that old bearded sheik of all the Bedaween of Sinai, sitting under the shadow of a great rock in the desert, explained to us the operation of the lex talionis in his tribe, he set before us not only that which now is, but that which has been from the very beginning of time. It was somewhat startling, indeed, to find that laws and customs which we had supposed to belong only to an extreme antiquity still lingered among these mountains and deserts. The avenger of blood might follow with swift foot upon the murderer's track, and if he overtook him and put him to death the law held him free. But at the same time it gave the criminal a chance for his life. In the cities of refuge the manslayer was safe until he could have a fair trial ....Perhaps nothing shows more the spirit of a law than the modes of execution for those who are to suffer its extreme penalty. It is not two hundred years since torture was laid aside by European nations. James the Second himself witnessed the wrenching of "the boot" as a favourite diversion. The assassin who struck Henry the Fourth was torn limb from limb by horses, under the eye of ladies of the court. The Inquisition stretched its victims on the rack. Other modes of execution, such as burning alive, sawing asunder, and breaking on the wheel, were common in Europe until a late period. The Turks impaled men, or flayed them alive; and tied women in sacks with serpents, and threw them into the Bosphorus. Among the ancients, punishments were still more excruciating. The Roman people, so famous for the justice of their laws, inflicted the supreme agony of crucifixion, in which the victim lingered dying for hours, or even days. After the capture of Jerusalem, Titus ordered two thousand Jews to be crucified. How does this act of the imperial Romans compare with the criminal law of "a semi-savage race"? Under the Hebrew code all these atrocities were unknown. Moses prescribed but two modes of capital punishment — the sword and stoning .... And is this the law that was "written in blood "? No, not in blood, but in tears; for through the sternness of the lawgiver is continually breaking the heart of man. Behind the coat of mail that covers the breast of the warrior is sometimes found the heart of a woman. This union of gentleness with strength is one of the most infallible signs of a truly great nature. It is this mingling of the tender and the terrible that gives to the Hebrew law a character so unique — a majesty that awes with a gentleness that savours more of parental affection than of severity. Crime and its punishment is not in itself a pleasing subject to dwell on; but when on this dark background is thrown the light of such provisions for the poor and the weak, the effect is like the glow of sunset on the red granite of the Sinai mountains. Even the peaks that were hard and cold, look warm in the flood of sunlight which is poured over them all. Thus uniting the character of the supporter of weakness and protector of innocence with that of the punisher of crime, Moses appears almost as the divinity of his nation — as not only the founder of the Hebrew state, but as its guardian genius through all the periods of its history. When he went up into Mount Nebo, and stretched out his arm toward the Promised Land, he gave to that land the inestimable blessings of laws founded in eternal justice; and not only in justice, but in which humanity was embodied almost as much as in the precepts of religion. Nor was that law given for the Israelites alone. It was an inheritance for all ages and generations. That mighty arm was to protect the oppressed so long as human governments endure. Moses was the king of legislators, and to the code which he left rulers of all times have turned for instruction.
(H. M. Field, D. D.)
Parallel VersesKJV: 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.