Commentary - Exodus 21:22-25

Bird's-eye view

This passage, nestled within the "Book of the Covenant," provides a specific case law that reveals profound and timeless principles about God's justice, the sanctity of human life, and the nature of righteous restitution. At first glance, it is a ruling concerning a very particular and tragic circumstance: two men fighting, and a pregnant woman getting caught in the middle. But as with all biblical case law, God is not simply giving us a regulation for a rare event. He is teaching us how to think. He is training His people to value what He values. The central issue here is the status of the unborn child. In a direct refutation of pagan and modern sensibilities, this law establishes that an unborn child is a human person, fully protected by the law. The penalty for causing the death of the child is identical to the penalty for causing the death of the mother: life for life. This is not about property loss; it is about homicide. The famous principle of lex talionis, "an eye for an eye," is then articulated, not as a mandate for personal vengeance, but as a principle of strict, proportional justice to be administered by the civil magistrate, limiting retribution and ensuring the punishment fits the crime.

In short, these verses are a cornerstone for a biblical ethic of life. They demonstrate that from the moment of conception, a human being is a human being, and to harm that person is to incur the full weight of God's just law. This is not just an ancient tribal code; it is a revelation of the character of a God who creates, values, and protects life, and who demands that His people do the same.

Outline

Context In Exodus

This passage sits within the larger block of material known as the Book of the Covenant (Exodus 20:22–23:33), which immediately follows the Ten Commandments. After God gives the foundational "ten words" from Sinai, He provides Moses with a series of specific applications, or case laws. This is how the principles of the Decalogue are to be worked out in the day-to-day life of Israel. These are not exhaustive regulations meant to cover every conceivable situation like a modern federal tax code. Rather, they are paradigm cases, designed to teach Israelite judges and citizens the principles of godly justice. This section (chapter 21) deals with laws concerning persons, slaves, capital offenses, and personal injury. Our text is a specific example of personal injury law, showing how the principles of the sixth commandment, "You shall not murder," apply in a complex and tragic situation involving unintended consequences and the protection of the most vulnerable.

Key Issues

Life in the Womb, Justice in the Gate

The abortion debate in our day has generated far more heat than light, and one of the reasons for this is that our culture has completely detached itself from the anchor of God's Word. When you do that, you are left adrift on a sea of sentimentality, pragmatism, and raw power. One side screams "my body, my choice," and the other side holds up pictures of mangled babies. But the Christian is called to a different standard. We are to ask, "What has God said?"

And right here, in the heart of God's foundational law for His people, He speaks with devastating clarity. This is not a proof-text wrenched out of context. This is a piece of case law, a legal precedent, that establishes a bedrock principle. The life of an unborn child is to be valued and protected in precisely the same way as the life of its mother. The pro-choice argument often hinges on the idea that the Bible is silent on the personhood of the fetus, or worse, that it treats the fetus as mere property. This passage demolishes that claim. The penalty for causing the death of this child is not a property fine; it is "life for life." This is the language of homicide. God's law, given thousands of years before the invention of the sonogram, recognized what our sophisticated and bloody-minded generation pretends not to know: that the baby in the womb is a baby.

Verse by Verse Commentary

22 “And if men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman’s husband will set for him, and he shall pay as the judges decide.

The scenario is set. Two men are brawling, an activity not generally commended in Scripture. Their foolish violence has a tragic, unintended consequence. A pregnant woman, likely the wife of one of them trying to intervene, is struck. The blow is not aimed at her, but it connects with her. The first result considered is that the blow induces labor. The Hebrew here is crucial. It says her "children come out" (yatsa), the normal word for a live birth, not the word for a miscarriage (shakol). So, the child is born early, but alive. The text then adds the condition, "yet there is no injury." This means no lasting harm comes to either the mother or the prematurely born child. In this case, where the child lives and the mother is fine, the offense is treated not as homicide but as a serious assault. The man responsible must pay a fine. Notice the process: the husband, as the head and protector of his family, sets the amount of the fine, but this is not a matter of personal vengeance. His demand is subject to the review and final decision of the judges. This prevents both exorbitant demands and insufficient penalties. Justice is to be administered publicly and impartially.

23 But if there is any further injury, then you shall pay life for life,

Now we get to the heart of the matter. The word "but" signals the crucial distinction. What if there is injury? The Hebrew word is ason, meaning serious, lasting harm or mischief. What if the mother is crippled? What if the child is born with defects because of the blow? Or, what if either the mother or the child dies? The text is general: "if there is any further injury." This would apply to either the mother or the child. And if the injury is the death of either one, the penalty is absolute. "Then you shall pay life for life." This is the principle of capital punishment applied to the death of an unborn child. The law makes no distinction in value between the life of the mother and the life of the child in her womb. If the man's reckless violence caused the death of that baby, he has forfeited his own life. This is not about intent to kill the baby; it is a form of what we would call felony murder or second-degree murder. His criminal action (the violent struggle) resulted in a death, and he is held fully responsible for that death. The life of the unborn is sacred.

24 eye for eye, tooth for tooth, hand for hand, foot for foot,

This famous phrase, the lex talionis, is one of the most misunderstood in all of Scripture. Our Lord Jesus corrects the Pharisees' abuse of it in the Sermon on the Mount, where they had twisted it into a justification for personal revenge. That was never its purpose. This was a principle for civil magistrates, designed to limit retribution, not to license it. The natural human response to being injured is to escalate. You punch me, I stab you. You take my eye, I take your life. God's law says no. The punishment must fit the crime. It must be strictly proportional. It establishes the principle that justice is about making the victim whole where possible, and ensuring that the penalty is equivalent to the damage done. It is a principle of justice, not a manual for surgery. In most cases, this principle was applied through financial restitution. A man who cost another man an eye would not literally have his own eye gouged out; rather, he would have to pay the full value of an eye, covering medical costs, loss of work, and damages for suffering. The principle ensures that a rich man cannot get off with a light fine for maiming a poor man. The value of an eye is the value of an eye, regardless of social status.

25 burn for burn, bruise for bruise, wound for wound.

The principle of proportional justice is extended through a series of parallel examples. From the most severe and permanent injuries (life, eye, hand) down to less permanent ones (burn, bruise, wound), the same standard applies. The restitution must match the injury. This comprehensive list underscores the fact that God is concerned with all forms of justice, not just capital crimes. He cares when one of his image-bearers is harmed in any way. The law provides a framework for a just society where personal injury is taken seriously and restitution is made according to a fixed, impartial standard. It is the foundation of a society that is not governed by the whims of the powerful or the passions of the mob, but by the righteous and unchanging law of God.

Application

First, this passage must be a central pillar in our defense of the unborn. Any argument that the Bible is indifferent to the life in the womb has to ignore the plain reading of this text. God's law protects the unborn child with the ultimate penalty: life for life. This means that abortion is not simply a tragic choice; it is a violent act that takes a human life. We must speak this truth with both conviction and compassion, calling our nation to repent of this national bloodshed.

Second, we must recover the biblical principle of justice. The lex talionis is a principle of limitation and proportionality. Our modern justice system often oscillates between draconian punishments for some crimes and sentimental slaps on the wrist for others. We have forgotten that the goal of justice is to be restorative where possible and proportionally punitive where necessary. Christians should advocate for a justice system that reflects God's standards, one that is not driven by revenge but by righteousness.

Finally, this passage reminds us that all our actions have consequences, and we are responsible for them, even the unintended ones. The men were just fighting, but their recklessness cost a life. We live in a culture that excels at evading responsibility. But before God, we are accountable for the ripple effects of our sin and foolishness. The only escape from this ultimate accountability is to flee to the one who took full responsibility for all our sin, intended and unintended. Jesus Christ stood before the ultimate Judge and took the penalty we deserved. He paid life for life, His life for ours, so that we who were dead in our trespasses might be made alive in Him.