John Calvin Commentary Exodus 21:22

"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 (ASV)

If men strive, and hurt a woman. This passage at first sight is ambiguous. For if the word death³⁹ only applies to the pregnant woman, it would not have been a capital crime to put an end to the fetus, which would be a great absurdity. For the fetus, though enclosed in the womb of its mother, is already a human being (homo), and it is almost a monstrous crime to rob it of the life which it has not yet begun to enjoy.

If it seems more horrible to kill a man in his own house than in a field, because a man’s house is his place of most secure refuge, it surely ought to be considered more atrocious to destroy a fetus in the womb before it has come to light. For these reasons, I conclude, without hesitation, that the words, if death should follow, must be applied to the fetus as well as to the mother.

Besides, it would not be at all reasonable that a father should sell for a set sum the life of his son or daughter. Therefore, this, in my opinion, is the meaning of the law: it would be a crime punishable with death, not only when the mother died from the effects of the abortion, but also if the infant should be killed, whether it should die from the wound abortively, or soon after its birth.

But, since premature confinement would undoubtedly weaken both the mother and her offspring, the husband is allowed to demand before the judges a monetary payment, at their discretion, in compensation for his loss. For although God’s command is only that the money should be paid before the judges,⁴⁰ He still appoints them to settle the amount as arbitrators, if the husband happens to be too exorbitant.

We clearly perceive by the repetition of the lex talionis that a just proportion is to be observed. The amount of punishment is to be equally regulated, whether for a tooth, an eye, or life itself, so that the compensation corresponds with the injury done. Therefore, what is first said of life⁴¹ is correctly applied also to the several parts: he who has plucked out his brother’s eye, or cut off his hand, or broken his leg, should lose his own eye, hand, or leg. In short, to prevent all violence, a compensation is to be paid in proportion to the injury.

But although God commands punishment to be inflicted on the guilty, still, if a person is injured, they ought not to seek vengeance. For God does not contradict Himself, who so often exhorts His children not only to endure injuries patiently but even to overcome evil with good.

The murderer is to be punished, or one who has maimed a limb of his brother; but it is not therefore lawful, if you have unjustly suffered violence, to indulge in wrath or hatred, so as to render evil for evil.

Since this error was common among the Jews, our Lord refutes it. He teaches that the punishment publicly awarded to the wrongdoer does not serve each person’s private passion, so that the one who is offended should hurry to retaliate (Matthew 5:38). Indeed, these words are not addressed to them to inflame or excite the desire for vengeance, but all violence is restrained by the fear of punishment.

³⁹ It will be seen that the word אסון in the text is translated by C., mors; in A V., mischief. “The Chaldee expounds it, (says Ainsworth,) no death; but it implieth less also than death, as the words following manifest. The Greek refers it to the child; translating, if it be not figured, (ἐξεικονισμένον,) i e., have not the shape and proportion.”

⁴⁰ The word determine is added by our translators. Ainsworth’s literal rendering is, “and he shall give by the judges.” is added by our translators. Ainsworth’s literal rendering is, “and he shall give by the judges.”

⁴¹ Added from Fr..