The Requirement of Strict Equivalents in Making Compensation for Injuries
Exodus 21:22-25
If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished…


The particular illustration here is confessedly obscure; but there can hardly be a mistake as to the principle illustrated, viz., that when injury is inflicted on the person, the very best should be done that can be done to make an adequate compensation. When property is taken it can often be restored or things put practically as they were before; but when the person is seriously injured, there is then no possibility of exact restoration. Hence the injurer might be inclined to say that because he could not do everything by way of compensation he was at liberty to do nothing. But the requirement comes in to stop him from such easy-going reflections. Eve for eye is wanted. You must do your best to restore what you have destroyed. Obviously the purpose of the regulation is, not to justify or aid in anything like revenge, but to make men be contented with the best they can get in substitution for the injury that has been done. The regulation of course was never meant to be interpreted literally, any more than our Lord''s counsel that he who had been smitten on the right cheek, should turn the other to the smiter. What good would it do literally to render an eye for an eye? That would be great loss to the person injuring and not the slightest gain to the person injured. Persistent requirement of compensation is to be distinguished from a passionate seeking for revenge. And be it noted that this requirement of compensation is not to be omitted under any erroneous notions of what weakness and self-denial may compel from us as Christians. We must keep to the principle underlying the regulation here, as well as to that other glorious and beautiful principle which our Lord ]aid down in quoting this regulation (Matthew 5:39). He spoke to stop revenge. But surely he would have been the first to say, on needful occasion, that reckless men must not be suffered to inflict injury on the supposition that Christians would not resent it. Certainly we are not to seek compensation for injuries or punishment of those who injure simply to gratify private feelings, or get a private advantage. But if conscience is clear as to its being for the public good, we must be very urgent and pertinacious in demanding compensation. We may be sure our Master would ever have us contend with all meekness and gentleness, but also with all bravery and stedfastness for all that is right. But the thing of most importance to be learnt from this regulation is, that the most precious things attainable by us are beyond human malice or carelessness to spoil in the slightest degree. The treasures God loves to make the peculiar possession of his children are such as eye has not seen. The eye may be lost, and yet the enjoyment of these treasures remain - nay more, the very loss of the natural may increase the susceptibility of the spiritual in us. The very crippling of the body may help us to make wonderful advances towards the perfect man in Christ Jesus. - Y.



Parallel Verses
KJV: If men strive, and hurt a woman with child, so that her fruit 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.

WEB: "If men fight and hurt a pregnant woman so that she gives birth prematurely, and yet no harm follows, he shall be surely fined as much as the woman's husband demands and the judges allow.




The Criminal Law: was it Written in Blood
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