Keluaran 21:22

21:22 “If men fight and hit a pregnant woman and her child is born prematurely, ¹  but there is no serious injury, he will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. ² 

Keluaran 21:28-29

Laws about Animals

21:28 ³ “If an ox ⁴  gores a man or a woman so that either dies, ⁵  then the ox must surely ⁶  be stoned and its flesh must not be eaten, but the owner of the ox will be acquitted. 21:29 But if the ox had the habit of goring, and its owner was warned, ⁷  and he did not take the necessary precautions, ⁸  and then it killed a man or a woman, the ox must be stoned and the man must be put to death.

[21:22]  ¹ tn This line has occasioned a good deal of discussion. It may indicate that the child was killed, as in a miscarriage; or it may mean that there was a premature birth. The latter view is taken here because of the way the whole section is written: (1) “her children come out” reflects a birth and not the loss of children, (2) there is no serious damage, and (3) payment is to be set for any remuneration. The word אָסוֹן (’ason) is translated “serious damage.” The word was taken in Mekilta to mean “death.” U. Cassuto says the point of the phrase is that neither the woman or the children that are born die (Exodus, 275). But see among the literature on this: M. G. Kline, “Lex Talionis and the Human Fetus,” JETS 20 (1977): 193-201; W. House, “Miscarriage or Premature Birth: Additional Thoughts on Exodus 21:22-25,” WTJ 41 (1978): 108-23; S. E. Loewenstamm, “Exodus XXI 22-25,” VT 27 (1977): 352-60.

[21:22]  ² tn The word בִּפְלִלִים (biflilim) means “with arbitrators.” The point then seems to be that the amount of remuneration for damages that was fixed by the husband had to be approved by the courts. S. R. Driver mentions an alternative to this unusual reading presented by Budde, reading בנפלים as “untimely birth” (Exodus, 219). See also E. A. Speiser, “The Stem PLL in Hebrew,” JBL 82 (1963): 301-6.

[21:28]  ³ sn The point that this section of the laws makes is that one must ensure the safety of others by controlling the circumstances.

[21:28]  ⁴ tn Traditionally “ox,” but “bull” would also be suitable. The term may refer to one of any variety of large cattle.

[21:28]  ⁵ tn Heb “and he dies”; KJV “that they die”; NAB, NASB “to death.”

[21:28]  ⁶ tn The text uses סָקוֹל יִסָּקֵל (saqol yissaqel), a Qal infinitive absolute with a Niphal imperfect. The infinitive intensifies the imperfect, which here has an obligatory nuance or is a future of instruction.

[21:29]  ⁷ tn The Hophal perfect has the idea of “attested, testified against.”

[21:29]  ⁸ tn Heb “he was not keeping it” or perhaps guarding or watching it (referring to the ox).