Exodus 21:22-25
Exo 21:22-25 If men strove and thrust against a woman with child, who had come near or between them for the purpose of making peace, so that her children come out (come into the world), and no injury was done either to the woman or the child that was born, ▼▼The words ילדיה ויצאוּ are rendered by the lxx καὶ ἐξέλθη τὸ παιδίον αὐτῆς μὴ ἐξεικονισμένον and the corresponding clause יהיה אסון ואם by ἐὰν δὲ ἐξεικονισμένον ᾖ; consequently the translators have understood the words as meaning that the fruit, the premature birth of which was caused by the blow, if not yet developed into a human form, was not to be regarded as in any sense a human being, so that the giver of the blow was only required to pay a pecuniary compensation, - as Philo expresses it, “on account of the injury done to the woman, and because he prevented nature, which forms and shapes a man into the most beautiful being, from bringing him forth alive.” But the arbitrary character of this explanation is apparent at once; for ילד only denotes a child, as a fully developed human being, and not the fruit of the womb before it has assumed a human form. In a manner no less arbitrary אסון has been rendered by Onkelos and the Rabbins מותא, death, and the clause is made to refer to the death of the mother alone, in opposition to the penal sentence in Exo 21:23, Exo 21:24, which not only demands life for life, but eye for eye, etc., and therefore presupposes not death alone, but injury done to particular members. The omission of להּ, also, apparently renders it impracticable to refer the words to injury done to the woman alone.
a pecuniary compensation was to be paid, such as the husband of the woman laid upon him, and he was to give it בּפללים by (by an appeal to) arbitrators. A fine is imposed, because even if no injury had been done to the woman and the fruit of her womb, such a blow might have endangered life. (For יצא roF( to go out of the womb, see Gen 25:25-26.) The plural ילדיה is employed for the purpose of speaking indefinitely, because there might possibly be more than one child in the womb. “But if injury occur (to the mother or the child), thou shalt give soul for soul, eye for eye,...wound for wound:” thus perfect retribution was to be made.
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