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Exodus

About this book

The Covenant Commandments

Chapter 21

1 “These are the ordinances that you will set before them: 2 “If you buy a Hebrew servant, he is to serve you for six years, but in the seventh year he will go out free without paying anything.⁠ 3 If he came in by himself he will go out by himself; if he had a wife when he came in, then his wife will go out with him. 4 If his master gave him a wife, and she bore sons or daughters, the wife and the children will belong to her master, and he will go out by himself. 5 But if the servant should declare, ‘I love my master, my wife, and my children; I will not go out free,’ 6 then his master must bring him to the gods13,⁠ and he will bring him to the door or the doorpost, and his master will pierce his ear with an awl, and he shall serve him forever.⁠ 7 “If a man sells his daughter as a female servant, she will not go out as the male servants do. 8 If she does not please her master, who has designated her for himself, then he must let her be redeemed. He has no right to sell her to a foreign nation, because he has dealt deceitfully with her. 9 If he designated her for his son, then he will deal with her according to the customary rights of daughters. 10 If he takes another wife, he must not diminish the first one’s food, her clothing, or her marital rights.⁠ 11 If he does not provide her with these three things, then she will go out free, without paying money. 12 “Whoever strikes someone so that he dies must surely be put to death. 13 But if he does not do it with premeditation, but it happens by accident, then I will appoint for you a place where he may flee.⁠ 14 But if a man willfully attacks his neighbor to kill him cunningly, you will take him even from my altar that he may die. 15 “Whoever strikes his father or his mother must surely be put to death.⁠ 16 “Whoever kidnaps someone and sells him, or is caught still holding him, must surely be put to death.⁠ 17 “Whoever treats his father or his mother disgracefully must surely be put to death.⁠ 18 “If men fight, and one strikes his neighbor with a stone or with his fist and he does not die, but must remain in bed, 19 and then if he gets up and walks about outside on his staff, then the one who struck him is innocent, except he must pay for the injured person’s loss of time and see to it that he is fully healed.⁠ 20 “If a man strikes his male servant or his female servant with a staff so that he or she dies as a result of the blow, he will surely be punished.⁠ 21 However, if the injured servant survives one or two days, the owner will not be punished, for he has suffered the loss. 22 “If 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. 26 “If a man strikes the eye of his male servant or his female servant so that he destroys it, he will let the servant go free as compensation for the eye.⁠ 27 If he knocks out the tooth of his male servant or his female servant, he will let the servant go free as compensation for the tooth. 28 “If an ox gores a man or a woman so that either dies, then the ox must surely be stoned and its flesh must not be eaten,⁠ but the owner of the ox will be acquitted.⁠ 29 But if the ox had the habit of goring,⁠ and its owner was warned but he did not take the necessary precautions, and then it killed a man or a woman, the ox must be stoned and the man must be put to death.⁠ 30 If a ransom is set for him, then he must pay the redemption for his life according to whatever amount was set for him. 31 If the ox gores a son or a daughter, the owner will be dealt with according to this rule. 32 If the ox gores a male servant or a female servant, the owner must pay thirty shekels of silver, and the ox must be stoned. 33 “If a man opens a pit or if a man digs a pit and does not cover it and an ox or a donkey falls into it,⁠ 34 the owner of the pit must repay the loss. He must give money to its owner, and the dead animal will become his. 35 If the ox of one man injures the ox of his neighbor so that it dies, then they will sell the live ox and divide its proceeds, and they will also divide the dead ox. 36 Or if it is known that the ox had the habit of goring, and its owner did not take the necessary precautions, he must surely pay ox for ox, and the dead animal will become his.

Texts in conversation

Compare Code of Hammurabi §209 and Exodus 21:22

Ancient Near East, Babylonian · Hebrew Bible

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Summary

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.

Passages

Code of Hammurabi §209

Ancient Near East, Babylonian · Babylonian Legal Text
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.
1750 BCE (scholarly estimate) Read in the Code of Hammurabi

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. 22 “If 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.
750–400 BCE (scholarly estimate) Read in Exodus

References

"... 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. ..."
Yung Suk Kim, “Lex Talionis in Exod 21:22–25: Its Origin and Context,” in Perspectives on Hebrew Scriptures: Comprising the Contents of the Journal of Hebrew Scriptures, ed. Ehud Ben Zvi (Piscataway, NJ: Gorgias, 2008), 3:99–112.

References are not endorsements of their contents. Read each reference in full to understand its author's intentions in using these texts.

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Code of Hammurabi §209 and Exodus 21:22

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