Exodus 21:22

Old Testament Law (Torah) ASV (1901)

What does Exodus 21:22 say?

The American Standard Version records this verse as: “And if men strive together, and hurt a woman with child, so that her fruit depart, and yet no harm follow; he shall be surely fined, according as the woman`s husband shall lay upon him; and he shall pay as the judges determine.” Read the surrounding verses and the named sources below before drawing broader conclusions.

The verse

And if men strive together, and hurt a woman with child, so that her fruit depart, and yet no harm follow; he shall be surely fined, according as the woman`s husband shall lay upon him; and he shall pay as the judges determine.
Exodus 21:22 — American Standard Version

Context — Exodus 21

American Standard Version (1901) — public domain. Click any verse for its study page.
22And if men strive together, and hurt a woman with child, so that her fruit depart, and yet no harm follow; he shall be surely fined, according as the woman`s husband shall lay upon him; and he shall pay as the judges determine.

What do historical commentaries say?

John Gill's Exposition
John Gill (1697–1771) · Exposition of the Old and New Testament · 18th-century historical commentary
“If men strive, etc.] 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” f651, 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…”
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Barnes' Notes
Albert Barnes (1798–1870) · Notes on the Whole Bible · 19th-century historical commentary
“The rule would seem to refer to a case in which the wife of a man interfered in a quarrel. This law, “the jus talionis,” is elsewhere repeated in substance, compare the marginal references. and Genesis 9:6. It has its root in a simple conception of justice, and is found in the laws of many ancient nations. It serves in this place as a maxim for the magistrate in awarding the amount of compensation to be paid for the infliction of personal injury. The sum was to be as nearly as possible the worth in money of the power lost by the injured person. Our Lord quotes Exodus 21:24 as representing the form of the law, in order to illustrate the distinction between the letter and the spirit Matthew…”
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Tyndale Open Study Notes
Tyndale House Publishers · Tyndale Open Study Notes · Modern study notes
“21:22-25 so she gives birth prematurely: It appears that if a child’s birth was caused prematurely and the child died (i.e., there was further injury), the penalty for murder was to be enacted. The law of retaliation (the lex talionis) called for a penalty that matched the injury inflicted on a victim. But this law also served to limit the punishment so it was not more severe than the original injury. Cp. Matt 5:38-39.”
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Treasury of Scriptural Knowledge
R. A. Torrey and contributors · The Treasury of Scripture Knowledge · Cross-reference reference work
“strive: Exo 21:18 as the judges: Exo 21:30; Deu 16:18, Deu 22:18, Deu 22:19 Exodus 21:23”
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Related study paths

Sources and verification