21:22-36 The cases here mentioned give rules of justice then, and still in use, for deciding similar matters. We are taught by these laws, that we must be very careful to do no wrong, either directly or indirectly. If we have done wrong, we must be very willing to make it good, and be desirous that nobody may lose by us.

Verse 22-25. - Assault producing miscarriage. Retaliation. Women in all countries are apt to interfere in the quarrels of men, and run the risk of suffering injuries which proceed from accident rather than design, one such injury being of a peculiar character, to which there is nothing correspondent among the injuries which may be done to man. This is abortion, or miscarriage. The Mosaic legislation sought to protect pregnant women from suffering this injury by providing, first, that if death resulted the offender should suffer death (ver. 23); and, secondly, that if there were no further ill-result than the miscarriage itself, still a fine should be paid, to be assessed by the husband of the injured woman with the consent of the judges (ver. 22). The mention of "life for life," in ver. 23, is followed by an enunciation of the general "law of retaliation," applied here (it would seem) to the special case in hand, but elsewhere (Leviticus 24:19, 20) extended so as to be a fundamental law, applicable to all cases of personal injury. Verse 22. - If men strive and hurt a woman. A chance hurt is clearly intended, not one done on purpose. So that her fruit depart from her. So that she be prematurely delivered of a dead child. And no mischief follow. "Mischief" here means "death," as in Genesis 42:4, 38; Genesis 44:29. He shall pay as the judges determine. He was not to be wholly at the mercy of the injured father. If he thought the sum demanded was excessive, there was to be an appeal to a tribunal.

If men strive,.... Quarrel and fight with one another, which is to be understood of Hebrews, as Aben Ezra observes:

and hurt a woman with child; who being the wife of one of them, and also an Israelitish woman, interposes to part them, or help her husband; but the other, instead of striking his antagonist as he intended, gives her a blow:

so that her fruit depart from her; or, "her children go forth" (z), out of her womb, as she may have more than one; through the fright of the quarrel, and fear of her husband being hurt, and the blow she received by interposing, might miscarry, or, falling into labour, come before her time, and bring forth her offspring sooner than expected:

and yet no mischief follow: to her, as the Targum of Jonathan, and so Jarchi and Aben Ezra restrain it to the woman; and which mischief they interpret of death, as does also the Targum of Onkelos; but it may refer both to the woman and her offspring, and not only to the death of them, but to any hurt or damage to either of them: now though there was none of any sort:

he shall surely be punished; that is, be fined or mulcted for striking the woman, and hastening the childbirth:

according as the woman's husband will lay upon him; and he shall pay as the judges determine; the husband might propose what fine should be paid, and might ask it in court; and if the smiter agreed to it, well and good, but if he judged it an exorbitant demand, he might appeal to the judges; for the husband might not lay what fine he pleased: this, if disputed, was to be decided by the judges, and as they determined it, it was paid; of which Maimonides (a) gives this account:"he that strikes a woman, and her fruit depart, though he did not intend it, is obliged to pay the price of the birth to the husband, and for hurt and pain to the woman; how do they estimate the price of the birth? they consider the woman how well she was before she brought forth, and how well she is after she has brought forth, and they give it to the husband; if the husband be dead, they give it to the heirs; if she is stricken after the death of her husband, they give the price of the birth to the woman.''

(z) "et egressi fuerint nati ejus", Pagninus, Montanus, Vatablus, Drusius. (a) Hilchot Chobel Umazzik, c. 4. sect. 1. 2.

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