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Exodus 21:22-25 – Is Abortion Supported by the Bible?
There is absolutely no linguistic authorization for translating v.22 to refer to a miscarriage. Remember, there is a difference between an interpretation and a translation. The noun in the NASB referring to the miscarriage and in the KJV translated as fruit is yeled. It is a common word for child or offspring and means, “something born.” It can even refer to teens and young adults. Curiously in Ex.21:22 it is pluralized. Although the NASB (1977) failed to translate yeled and instead interpreted, linguistic honesty prevailed in the marginal footnote: Lit., her children come out.” The NASB Update corrected this and reads, “”give birth prematurely.” Yeled is the same word used in Gen.21:8,14-16 to refer to Isaac and Ishmael after their birth.
Also in this text is the Hebrew verb yatza which has the common meaning to go out, to go forth, to come forth. It is often used to refer to the ordinary birth of children (Gen.25:25; 38:28).
If the writer had wanted to speak of a miscarriage, an accidental or natural abortion, then he could have used nehpel (Job 3:16; Ps.58:8; Eccl.6:3-4) or shachol (Ex.23:26; Hos.9:14) instead of yeled. Nephel means “something fallen” as opposed to “something born.”
The conclusion that the children are not persons is illogical because it is solely based upon one application of the lex talonis. If the death was accidental, then it would be manslaughter, which was not punishable by death. Also, servants did not have the lex talonis law applied in their deaths; and none today would argue that slaves were not fully persons. So not all deaths were punished by death. And yet even with that said, the text continues and says, “But if there is any further injury, then you shall appoint as a penalty life for life” (v.23). Contextually that would include any child that dies later because of the premature birth.
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