Who give human life?
10 Feb '06 14:35Exodus 21:22-25
“And if men struggle with each other and strike a woman with child so that she has a miscarriage [yatsa, her child “comes forth”], yet there is no further [not present in the Hebrew] injury [to mother or child who is born], he shall surely be fined as the woman’s husband may demand of him; and he shall pay as the judges decide.”
“But if there is any further [not present in the Hebrew] injury, then you shall appoint as a penalty life for life [capital punishment], eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”
Lex Talionis, the law of retaliation, was a standard feature in Ancient Near Eastern legal codes. Any injury or death to an individual by another person would be repaid to the offender in kind. The Mosaic Law is the epitome of Ancient Near Eastern legal codes, and this passage is an example of retaliatory law. To accurately understand the legal implications of this passage, there needs to be an understanding of the difference between the biological life and human life.
Yatsa provides the key in understanding the scope and aim of the judicial retribution. Yatsa is rendered “miscarriage” in some translations of the Bible, but it literally means “come forth” or “go out.” When the fetus emerges or goes out from the womb, yatsa is describing birth. When so used, yatsa is equivalent to mibeten, “out from the womb.”
The premature birth described here was caused by two men fighting who strike a woman so that she goes into labor and delivers. The assumption of the statute is that the mother survives the ordeal, and that the child is born alive, a living, ensouled human being. There is no supposition of human life present in the womb. The law applies only to the child after birth. The child must receive soul life at birth before in can be legally injured or die.
Once the child is born and has received the “breath of life” from God, the law offers two potions for retaliation. The first option requires the one who struck the woman to pay a fine “as the husband may demand” and “as the judges decide.” Since there is no significant damage to the mother or the now living child other than the rigors of premature birth or some minor injury, a fine is all the law demands or allows.
The second retaliation option described in this passage depends upon the extent of the injury to either the mother or the living child after birth. A less than mortal injury to either the mother or child or both would receive the recompense of an “eye for an eye, tooth for a tooth.” The death sentence, “life for life,” may be rule as punishment only if the fighting men cause a mortal injury to the mother or child.
The blow was struck while the fetus was still in the womb. This caused the woman to go into labor. Damage to the fetus could have occurred from the impact, and the pregnancy could have terminated from the shock of the blow. But Lex Talionis in this context is clearly applied to a time after birth. The law does not address the fetus in the womb. The fetus is biological life only and not an issue before the law. No punishment or compensations pronounced on the offending party for injury to the fetus in the womb or for a stillborn child.
The principle of protection and care of biological life in the womb is always a concern because the fetus is a potential person. But Moses, the human author, does not include any legal contingency concerning the fetus. The child must be born and receive the breath of life before restitution or retribution is exacted. If stillborn, there can be no restitution demanded. However, either restitution or retribution may be demanded for the mother. The law of retaliation was written for the protection of living human beings, not biological life in the womb. This passage does not support human life within the womb.
From the moment of birth you are destined for death, eternal separation from God. From the moment of the second birth you are destined to live for eternity with God. Once you have been given a human life, the decision is yours: eternal condemnation or eternal life.
The soul is immortal. Man cannot create immortality. The egg and sperm cannot generate immortality in the womb as a result of conception. Mortals can only generate biological life, perpetuate spiritual death, and ultimately succumb to physical death. Only eternal God can create the immortal soul and impart it to the fetus at birth. Mortality cannot produce immortality.
“And if men struggle with each other and strike a woman with child so that she has a miscarriage [yatsa, her child “comes forth”], yet there is no further [not present in the Hebrew] injury [to mother or child who is born], he shall surely be fined as the woman’s husband may demand of him; and he shall pay as the judges decide.”
“But if there is any further [not present in the Hebrew] injury, then you shall appoint as a penalty life for life [capital punishment], eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”
Lex Talionis, the law of retaliation, was a standard feature in Ancient Near Eastern legal codes. Any injury or death to an individual by another person would be repaid to the offender in kind. The Mosaic Law is the epitome of Ancient Near Eastern legal codes, and this passage is an example of retaliatory law. To accurately understand the legal implications of this passage, there needs to be an understanding of the difference between the biological life and human life.
Yatsa provides the key in understanding the scope and aim of the judicial retribution. Yatsa is rendered “miscarriage” in some translations of the Bible, but it literally means “come forth” or “go out.” When the fetus emerges or goes out from the womb, yatsa is describing birth. When so used, yatsa is equivalent to mibeten, “out from the womb.”
The premature birth described here was caused by two men fighting who strike a woman so that she goes into labor and delivers. The assumption of the statute is that the mother survives the ordeal, and that the child is born alive, a living, ensouled human being. There is no supposition of human life present in the womb. The law applies only to the child after birth. The child must receive soul life at birth before in can be legally injured or die.
Once the child is born and has received the “breath of life” from God, the law offers two potions for retaliation. The first option requires the one who struck the woman to pay a fine “as the husband may demand” and “as the judges decide.” Since there is no significant damage to the mother or the now living child other than the rigors of premature birth or some minor injury, a fine is all the law demands or allows.
The second retaliation option described in this passage depends upon the extent of the injury to either the mother or the living child after birth. A less than mortal injury to either the mother or child or both would receive the recompense of an “eye for an eye, tooth for a tooth.” The death sentence, “life for life,” may be rule as punishment only if the fighting men cause a mortal injury to the mother or child.
The blow was struck while the fetus was still in the womb. This caused the woman to go into labor. Damage to the fetus could have occurred from the impact, and the pregnancy could have terminated from the shock of the blow. But Lex Talionis in this context is clearly applied to a time after birth. The law does not address the fetus in the womb. The fetus is biological life only and not an issue before the law. No punishment or compensations pronounced on the offending party for injury to the fetus in the womb or for a stillborn child.
The principle of protection and care of biological life in the womb is always a concern because the fetus is a potential person. But Moses, the human author, does not include any legal contingency concerning the fetus. The child must be born and receive the breath of life before restitution or retribution is exacted. If stillborn, there can be no restitution demanded. However, either restitution or retribution may be demanded for the mother. The law of retaliation was written for the protection of living human beings, not biological life in the womb. This passage does not support human life within the womb.
From the moment of birth you are destined for death, eternal separation from God. From the moment of the second birth you are destined to live for eternity with God. Once you have been given a human life, the decision is yours: eternal condemnation or eternal life.
The soul is immortal. Man cannot create immortality. The egg and sperm cannot generate immortality in the womb as a result of conception. Mortals can only generate biological life, perpetuate spiritual death, and ultimately succumb to physical death. Only eternal God can create the immortal soul and impart it to the fetus at birth. Mortality cannot produce immortality.
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