Quote[/b] ]Exodus 21:22 If men strive [fight] an hurt a woman with child, so that her fruit [fetus] depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.
One source comments that because some Bible translations (KJV, RSV) use the phrase "woman with child" that God considers a fetus to be a human child. 3 But other translations render the phrase simply as "pregnant woman" and make no direct reference to the fetus.
This verse describes a situation in which a man, who is fighting another man, accidentally hits a pregnant woman, and causes a termination of her pregnancy. The following verse, 23, explains that if the woman died, the guilty man would be executed by the state. The accidental killing of a woman under these circumstances was considered a capital offense, because she was a human person.
Verse 22 is confusing. The key Hebrew word "yatsa" literally means to "lose her offspring." 4 This has been translated in different Bible versions as: A miscarriage: This would imply that the fetus died immediately as a direct result of the accident. Assuming no further harm happens (e.g. that the woman does not die), the man responsible would have to pay at a fine. The amount would be set by her husband and approved by the judges. This would imply that the death of the fetus was not considered to be the death of a human person. If it were, then the man responsible would be tried for murder and executed. However, because the fetus had possible future economic worth to the father, he would have to be reimbursed for his loss.
premature birth: This implies that the fetus is born earlier than full term. Assuming no further harm happens (e.g. that neither the woman nor the baby dies) then the man would pay a fine. One possible interpretation of this passage would be that if the premature baby died, then the man responsible had killed a human person, and would be tried for murder. The verse is ambiguous at this point.
The New International Version of the Bible uses the phrase: "gives birth prematurely." and offers "miscarriage" as an alternate translation in a footnote. These two translations result in totally opposite interpretations: one supporting the pro-choice faction; the other supporting the pro-life movement.
Some liberal theologians reject this interpretation. 5 They point out that this passage appears to have been derived from two earlier Pagan laws, whose intent is quite clear:
Code of Hammurabi (209, 210) which reads: "If a seignior struck a[nother] seignior's daughter and has caused her to have a miscarriage [literally, caused her to drop that of her womb], he shall pay ten shekels of silver for her fetus. If that woman had died, they shall put his daughter to death."
Hittite Laws, (1.17): "If anyone causes a free woman to miscarry [literally, drives out the embryo]-if (it is) the 10th month, he shall give 10 shekels of silver, if (it is) the 5th month, he shall give 5 shekels of silver..." The phrase "drives out the embryo" appears to relate to a miscarriage rather than to a premature birth.
Author Brian McKinley, a born-again Christian, sums the passage up with: "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."