See I read that passage somewhere as this:
"And if men struggle and strike a woman with child so that she has a miscarriage, yet there is no further injury, he shall be fined as the woman's husband may demand of him, and he shall pay as the judges decide. But if there is any further injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise."
Exodus 21:22-25
Which is different.
and then to back that up...
BEHOLD!
This is a very illuminating passage. In it we find a woman losing her child by being stuck by men who are fighting. Rather than it being a capital offense, however, it is relegated to a civil matter, with the father-to-be taking the participants to court for a settlement. But, as we read on, if the woman is killed, a "life for a life," then the men who killed her shall be killed. Some have claimed that the life for a life part is talking about the baby. But from reading the context we can see this is not true. It also states a tooth for a tooth and a burn for a burn. Babies don't have teeth when they are born, and it is highly unlikely a baby will be burned during birth. It is pretty clear that this part refers to the mother. Thus we can see that if the baby is lost, it does not require a death sentence -- it is not considered murder. But if the woman is lost, it is considered murder and is punished by death.
It's important to note that some anti-abortion lobbyists want to convince us the baby in this passage survived the miscarriage. They point to the more "politically-correct" translation they find in the New International Version of the Bible. There it translates the term "miscarriage" into "gives birth prematurely" (the actual words in Hebrew translate "she lose her offspring"). While this may give them the warm and fuzzy notion that this verse might actually support their cause if maybe the child survived, it is wishful thinking at best. In our modern era of miracle medicine only 60% of all premature births survive. Three thousand years ago, when this passage was written, they did not have modern technology to keep a preemie alive. In fact, at that time, more than half of all live births died before their first birthday. In a world like that, a premature birth was a death sentence.
Others have looked to the actual Hebrew words, themselves, to try and refute these verses. They note that the word "yalad" is used in verse 22 to describe the untimely birth, and that yalad is also used in other places to describe a live birth. They then go on to say other places in the Bible use the words "nefel" and "shakol" to describe a miscarriage. Therefore, the argument goes, the baby in Exodus 21:22 must have been born alive. It's easy to see how a novice might make this mistake, but a closer look at the words in question reveal the flaw in this argument.
The word yalad is a verb that describes the process of something coming out - the departing of the fetus. Since it is describing the process, and not the result, it could be used to describe either a live birth or a miscarriage. Shakol which shows up in Hosea 9:14, is also a verb, but its meaning is to make a woman barren. Now a barren woman certainly might miscarry, but with this understanding of the word, it's clear why the writer of Exodus would not have used it since this miscarriage was caused by an accident, not by barrenness. And the word nefel is not even a verb. It's a noun. True, as a noun it is the term for a miscarried fetus, but the writer wasn't using a noun. He was using a verb to describe the coming out of the fetus. Thus, if I were describing a man falling to his death, I would use the verb "to fall" which can be used for both those who die and those who survive a fall, but to describe the man himself I would use the word the "fatality." So we can see that while a novice might mistake a verb for a noun and come to the wrong conclusions about the original Hebrew words used in the Exodus passage, a more careful look proves that the words only describe the action of losing the fetus, not the fetus itself. And that being the case, we can't use the Hebrew translations to determine if the fetus was alive or not when it came out - so we are forced to accept that in all certainly, considering the medical knowledge at the time, the preemie died. This makes it even more clear that the "tooth for a tooth" passage refers only to the mother, not to the miscarried fetus.
