Charles Ellicott Commentary Exodus 21:22-25

"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. But if any harm follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe." — Exodus 21:22-25 (ASV)

A personal injury peculiar to women—a hurt producing miscarriage—is here considered. The miscarriage might cost the woman her life, in which case the man who caused it was to suffer death (Exodus 21:23); or it might have no further ill result than the loss of the child. In this latter case the penalty was to be a fine, assessed by the husband with the consent of the judge (Exodus 21:22). The death penalty, where the woman died, is clearly excessive, and probably belongs to the pre-Mosaic legislation, which required life for life in every case.