Exodus, Chapter 21, Verse 22-23 and abortion

Sat Feb 19, 2022 11:18 am

The strongest argument in the Hebrew Bible for permitting abortion comes from Exodus, Chapter 21, Verse 22-23: “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. But if there is serious injury, you are to take a life for a life.”

In this passage, "gives birth prematurely" could mean the woman miscarries, and the fetus dies. Because there's no expectation that the person who caused the miscarriage is liable for murder, Jewish scholars argue this proves a fetus is not considered a separate person or soul.

https://www.usatoday.com/story/news/nation/2019/07/24/abortion-laws-jewish-faith-teaches-life-does-not-start-conception/1808776001/

I have to make a disclaimer that I don't speak Hebrew, and that this is an English translation of a Hebrew text. Obviously things can and do get lost in translation.

my first observation, in the English translation of course and not the original Hebrew, is this,

If people are fighting and hit a pregnant woman

If people are fighting and hit a pregnant woman, not hit a woman.

the woman status is flagged as "pregnant"

meaning she is carrying a fetus which is what being pregnant means

and she gives birth prematurely but there is no serious injury,

the woman is struck resulting in the expulsion of a fetus, which meant she probably was hit fairly hard, " but there is no serious injury"

really only makes sense there is no serious injury to BOTH the woman and the fetus which is now a child, and not only the woman,

since the previous words "pregnant woman" and "premature birth" implies that the welfare of the fetus is also a concern.

But if there is serious injury, you are to take a life for a life

the serious injury here means the hit on the pregnant woman results in death, as death is life for a life


serious injury resulting in death to either the woman or the fetus you are to take a life for a life

the claim made

In this passage, "gives birth prematurely" could mean the woman miscarries, and the fetus dies. Because there's no expectation that the person who caused the miscarriage is liable for murder, Jewish scholars argue this proves a fetus is not considered a separate person or soul

is contradicted by

But if there is serious injury, you are to take a life for a life

Jewish scholars got it backwards.

when reading this passage, why did the writer, which jews and christians believe was moses at the behest of god, namely that god is the ultimate author, not only mention that a woman was struck, but that the woman was pregnant and striking this pregnant woman resulting in expelling the fetus.

if god and moses intended only that the woman is of concern and not the fetus, god could have told moses to write

“If people are fighting and hit a woman but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows. But if there is serious injury, you are to take a life for a life.”

its clear if a woman is struck resulting in serious injury then death, then that provides the death penalty.

Exodus, Chapter 21, Verse 22-23

adds that the woman is pregnant and gives birth prematurely, and these additions only makes sense if the writer god had in mind that the fetus is expelled then dies, as the fighting struck the fetus causing the fetus serious injury resulting in death, which case the offender must also die.


the 10 commandments covers thou shalt not murder, which would imply if a woman life is taken then the one killer her must also be put to death.

does this include the fetus in a pregnant woman?

Exodus, Chapter 21, Verse 22-23 also adds that if the woman is pregnant and is struck and gives birth resulting in serious injury, the offender must be put to death.

so that is also covered.


Exodus, Chapter 21, Verse 22-23 does indeed suggest the God of Israel is against abortion and that causing the death of the fetus in a pregnant woman merits the death penalty.

Exodus, Chapter 21, Verse 22-23 applied to the world today implies God of Israel thinks doctors who provide abortions, as well as people who strike pregnant women causing injury and death to either the woman or fetus, must also be put to death

jews and christians believe the entire old testament is inspired by God and these verses

Psalm 139:13-16

13 For you created my inmost being; you knit me together in my mother’s womb. 14 I praise you because I am fearfully and wonderfully made; your works are wonderful, I know that full well. 15 My frame was not hidden from you when I was made in the secret place, when I was woven together in the depths of the earth. 16 Your eyes saw my unformed body; all the days ordained for me were written in your book before one of them came to be.

Jeremiah 1:5

5 “Before I formed you in the womb I knew you, before you were born I set you apart; I appointed you as a prophet to the nations.”

Psalm 127:3-5

3 Children are a heritage from the LORD, offspring a reward from him. 4 Like arrows in the hands of a warrior are children born in one’s youth. 5 Blessed is the man whose quiver is full of them. They will not be put to shame when they contend with their opponents in court.

Job 31:15

15 Did not he who made me in the womb make them? Did not the same one form us both within our mothers?

Psalm 22:10

10 From birth I was cast on you; from my mother’s womb you have been my God.

Deuteronomy 30:19

This day I call the heavens and the earth as witnesses against you that I have set before you life and death, blessings and curses. Now choose life, so that you and your children may live

taking all these verses which is also verses in the Jewish and Christian Old Testament and applying it to Exodus, Chapter 21, Verse 22-23

is that Exodus, Chapter 21, Verse 22-23 also implies striking a pregnant woman and causing serious injury to the fetus to the point of death requires a life for life penalty



I think the only way around this reading is some sort of problems with translating Hebrew into English, and either the words have no equivalent in English or that Hebrew grammatical rules are different enough from English that the pronouns in Hebrew somehow refer only to the pregnant woman and not the fetus.

and even then it wouldn't address the other verses that talk about how god regards the fetus.