21 Notwithstanding, if he remains alive a day or two, he shall not be punished; for he is his aproperty.
22 “If men1 fight, and hurt a woman with child, so that2 she gives birth prematurely, yet no harm follows, he shall surely be punished accordingly as the woman’s husband imposes on him; and he shall apay as the judges determine.
23 But if any harm follows, then you shall give life for life,
24aeye for eye, tooth for tooth, hand for hand, foot for foot,
25 burn for burn, wound for wound, stripe for stripe.
26 “If a man strikes the eye of his male or female servant, and destroys it, he shall let him go free for the sake of his eye.
27 And if he knocks out the tooth of his male or female servant, he shall let him go free for the sake of his tooth.
Animal Control Laws
28 “If an ox gores a man or a woman to death, then athe ox shall surely be stoned, and its flesh shall not be eaten; but the owner of the ox shallbe1 acquitted.
29 But if the ox tended to thrust with its horn in times past, and it has been made known to his owner, and he has not kept it confined, so that it has killed a man or a woman, the ox shall be stoned and its owner also shall be put to death.
30 If there is imposed on him a sum of money, then he shall pay ato redeem his life, whatever is imposed on him.
31 Whether it has gored a son or gored a daughter, according to this judgment it shall be done to him.
God uses this principle in His judgments—greater and lesser punishments for greater and lesser sins. Under "an eye for an eye" in the Bible, the punishment must match, but not exceed, the damage or harm done by the perpetrator. The law placed strict limits on the amount of damages anyone could collect. It permitted no one to "get rich quick" from another's mishap. Moreover, God intended this law to be a rule of thumb for judges, not an authorization of personal vendetta or private retaliation.
To whom does the "lasting harm" refer, the mother, the fetus, or both? If it refers to the fetus or both, then the Word of God recognizes the personhood of the fetus. Regardless of its age, if the fetus dies as a result of the fight, its death becomes a capital crime, just as punishable as if the mother had been killed.
Without doubt, death is "lasting harm." These verses illustrate the accidental miscarriage of the unborn. If the miscarried baby dies, although no harm was intended against it, the judgment is manslaughter, and the accused can become a victim of the avenger of blood (Genesis 9:6; Numbers 35:9-34; Deuteronomy 19:4-13; Joshua 20). How much more valid is the judgment of murder if the unborn is the intended victim? The Bible shows that the unborn "unviable tissue mass" is human. God's viewpoint is clear: Willful killing of the unborn—abortion—is murder.
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