Texts in Conversation

Exodus 21:22 follows ancient Near Eastern injury laws that address miscarriage through economic means first rather than death penalties. In both texts, the loss is handled based on the degree of harm, showing a shared legal approach to fetal injury.
Share:
2500 BCE
1000+ CE

Code of Hammurabi

Babylonian Legal Text
Ancient Near East
207 If the man dies of his wound, he shall swear the same oath, and if the dead man was free-born, he shall pay half a mina of silver. 208 If he was a freed man, he shall pay one-third of a mina. 209 If a man strikes a free-born woman so that she loses her unborn child, he shall pay ten shekels for her loss. 210 If the woman dies, his daughter shall be put to death. 211 If a woman of the freed class loses her unborn child from a blow, he shall pay five shekels of silver. 212 If this woman dies, he shall pay half a mina. 213 If he strikes a man's slave woman and she loses her unborn child, he shall pay two shekels of silver. 214 If this slave woman dies, he shall pay one-third of a mina.
Date: 1750 B.C.E. (based on scholarly estimates)

Exodus 21:22

Hebrew Bible
21 However, if the injured servant survives one or two days, the owner will not be punished, for he has suffered the loss. 22If men fight and hit a pregnant woman and her child is born prematurely, but there is no serious injury, the one who hit her will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. 23 But if there is serious injury, then you will give a life for a life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
Date: 5th Century B.C.E. (Final composition) (based on scholarly estimates)
Search:

Notes and References

#5153
"... The text does not convey a sense or possibility of a fetus’ being-born-alive. The Hebrew term יצא conveys a sense of “coming out” (depart). From the casuistic law form of Laws of Hammurabi 209–214 and MAL 50–52, the general trend of law forms indicates miscarriage throughout the laws, for instance, the Laws of Hammurabi 209: “if an awilu strikes a woman of the awilu class and thereby causes her to miscarry her fetus…”. If we consider relatively poor medical advancement in ancient society, we can assume easily that the possibility of premature birth would be rare. A fetus is not considered as life in SAL as in the Hebrew Bible. Laws of Hammurabi treat miscarriage as an economic accident; thereby it is sufficient to compensate for the loss of a fetus. For example, LH #209 states that an awilu’s miscarriage requires payment of 10 shekels of silver only. MAL #50 also asks for full payment of a life for a fetus. A fetus has economic value in miscarriage. According to this view, the fetus is not yet full life as a person. Then the opposition may arise from an anti-abortion perspective: biblical law can be different from SAL and may treat a fetus as life. But this opposition does not hold true from the Hebrew Bible in general and also from the agricultural village context. In the Hebrew Bible life begins after birth. ..."

* The use of references are not endorsements of their contents. Please read the entirety of the provided reference(s) to understand the author's full intentions regarding the use of these texts.

Your Feedback:

Leave a Comment

Do you have questions or comments about these texts? Please submit them here.

Anonymous comments are welcome. All comments are subject to moderation.

Find Similar Texts

Search by the same Books

Search by the same Reference

Compare the same Books

Compare the same Text Groups

Glossary

Go to Intertext

Thank you!

We appreciate your feedback.

Got a moment for a quick survey?

This website has good content
Strongly disagree Strongly agree
This website is easy to use
Strongly disagree Strongly agree