Interpretation of Exodus 21
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Perhaps a more literal translation:
Exodus 21:22: And should men quarrel and hit a pregnant woman, and she miscarries but there is no fatality, he shall surely be punished, when the woman's husband makes demands of him, and he shall give [restitution] according to the judges' [orders].
The great medieval rabbi known as Rashi comments on this passage:
And should men quarrel: with one another, and [one] intended to strike his fellow, and [instead] struck a woman. [From Sanh. 79a]
and hit a pregnant woman: Heb. נְגִיפָה וְנָגְפוּ is only an expression of pushing and striking, as [in the following phrases:] “lest you strike ךְתִּגֹף your foot with a stone” (Ps. 91:12); “and before your feet are bruised (יִתְנְַָפוּ) ” (Jer. 13:16); “and a stone upon which to dash oneself (נֶגֶף) ” (Isa. 8:14). [Here Rashi is emphasising that the blow need not be such as to endanger the woman herself.]
but there is no fatality: with the woman. [my emphasis]
The assailant must pay to the husband the value of the foetus.
Exodus 21:23: But if there is a fatality, you shall give a life for a life,
Rashi says:
- But if there is a fatality: with the woman.
- you shall give a life for a life: Our Rabbis differ on this matter. Some say [that he must] actually [give up his] life, and some say [that he must pay] money, but not actually a life, and if one intends to kill one person and kills another, he is exempt from the death penalty and must pay his [the victim’s] heirs his value, as [it would be if] he were sold in the marketplace. -[From Mechilta, Sanh. 79]
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