EXO 21

Exodus 21:22

WEB

“If men fight and hurt a pregnant woman so that she gives birth prematurely, and yet no harm follows, he shall be surely fined as much as the woman’s husband demands and the judges allow.

BSB

If men who are fighting strike a pregnant woman and her child is born prematurely, but there is no further injury, he shall surely be fined as the woman’s husband demands and as the court allows.

KJV

¶ If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman’s husband will lay upon him; and he shall pay as the judges determine.

Matthew Henry

Verses 22–36

Exodus 21:22–36

Observe here,

I. The particular care which the law took of women with child, that no hurt should be done them which might occasion their mis-carrying. The law of nature obliges us to be very tender in that case, lest the tree and fruit be destroyed together, Exo 21:22, Exo 21:23. Women with child, who are thus taken under the special protection of the law of God, if they live in his fear, may still believe themselves under the special protection of the providence of God, and hope that they shall be saved in child-bearing. On this occasion comes in that general law of retaliation which our Saviour refers to, Mat 5:38, An eye for an eye. Now, 1. The execution of this law is not hereby put into the hands of private persons, as if every man might avenge himself, which would introduce universal confusion, and make men like the fishes of the sea. The tradition of the elders seems to have put this corrupt gloss upon it, in opposition to which our Saviour commands us to forgive injuries, and not to meditate revenge, Mat 5:39. 2. God often executes it in the course of his providence, making the punishment, in many cases, to answer to the sin, as Jdg 1:7; Isa 33:1; Hab 2:13; Mat 26:52. 3. Magistrates ought to have an eye to this rule in punishing offenders, and doing right to those that are injured. Consideration must be had of the nature, quality, and degree of the wrong done, that reparation may be made to the party injured, and others deterred from doing the like; either an eye shall go for an eye, or the forfeited eye shall be redeemed by a sum of money. Note, He that does wrong must expect one way or other to receive according to the wrong he has done, Col 3:25. God sometimes brings men's violent dealings upon their own heads (Psa 7:16); and magistrates are in this the ministers of the justice, that they are avengers (Rom 13:4), and they shall not bear the sword in vain.

II. The care God took of servants. If their masters maimed them, though it was only striking out a tooth, that should be their discharge, Exo 21:26, Exo 21:27. This was intended, 1. To prevent their being abused; masters would be careful not to offer them any violence, lest they should lose their service. 2. To comfort them if they were abused; the loss of a limb should be the gaining of their liberty, which would do something towards balancing both the pain and disgrace they underwent. Nay,

III. Does God take care for oxen? Yes, it appears by the following laws in this chapter that he does, for our sakes, Co1 9:9, Co1 9:10. The Israelites are here directed what to do,

1. In case of hurt done by oxen, or any other brute-creature; for the law, doubtless, was designed to extend to all parallel cases. (1.) As an instance of God's care of the life of man (though forfeited a thousand times into the hands of divine justice), and in token of his detestation of the sin of murder. If an ox killed any man, woman, or child, the ox was to be stoned (Exo 21:28); and, because the greatest honour of the inferior creatures is to be serviceable to man, the criminal is denied that honour: his flesh shall not be eaten. Thus God would keep up in the minds of his people a rooted abhorrence of the sin of murder and every thing that was barbarous. (2.) To make men careful that none of their cattle might do hurt, but that, by all means possible, mischief might be prevented. If the owner of the beast knew that he was mischievous, he must answer for the hurt done, and, according as the circumstances of the case proved him to be more or less accessory, he must either be put to death or ransom his life with a sum of money, Exo 21:29-32. Some of our ancient books make this felony, by the common law of England, and give this reason, "The owner, by suffering his beast to go at liberty when he knew it to be mischievous, shows that he was very willing that hurt should be done." Note, It is not enough for us not to do mischief ourselves, but we must take care that no mischief be done by those whom it is in our power to restrain, whether man or beast.

2. In case of hurt done to oxen, or other cattle. (1.) If they fall into a pit, and perish there, he that opened the pit must make good the loss, Exo 21:33, Exo 21:34. Note, We must take heed not only of doing that which will be hurtful, but of doing that which may be so. It is not enough not to design and devise mischief, but we must contrive to prevent mischief, else we become accessory to our neighbours' damage. Mischief done in malice is the great transgression; but mischief done through negligence, and for want of due care and consideration, is not without fault, but ought to be reflected upon with great regret, according as the degree of the mischief is: especially we must be careful that we do nothing to make ourselves accessory to the sins of others, by laying an occasion of offence in our brother's way, Rom 14:13. (2.) If cattle fight, and one kill another, the owners shall equally share in the loss, Exo 21:35. Only if the beast that had done the harm was known to the owner to have been mischievous he shall answer for the damage, because he ought either to have killed him or kept him up, Exo 21:36. The determinations of these cases carry with them the evidence of their own equity, and give such rules of justice as were then, and are still, in use, for the decision of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others (though some of them seem minute), because they were then cases in fact actually depending before Moses; for in the wilderness where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws is that we should be very careful to do no wrong, either directly or indirectly; and that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.

Cross-references: Exod 21:22 · Exod 21:23 · Matt 5:38 · Matt 5:39 · Judg 1:7 · Isa 33:1 · Hab 2:13 · Matt 26:52 · Col 3:25 · Ps 7:16 · Rom 13:4 · Exod 21:26 · Exod 21:27 · 1Cor 9:9 · 1Cor 9:10 · Exod 21:28 · Exod 21:29 · Exod 21:33 · Exod 21:34 · Rom 14:13 · Exod 21:35 · Exod 21:36

Hebrew interlinear

H3588

כִּיkîy/kee/

conj — relative conjunction

Derivation: a primitive particle (the full form of the prepositional prefix) indicating causal relations of all kinds, antecedent or consequent;

(by implication) very widely used as a relative conjunction or adverb (as below); often largely modified by other particles annexed

KJV: and, (forasmuch, inasmuch, where-) as, assured(-ly), but, certainly, doubtless, else, even, except, for, how, (because, in, so, than) that, nevertheless, now, rightly, seeing, since, surely, then, therefore, (al-) though, till, truly, until, when, whether, while, whom, yea, yet.

כִּי

conj — that

כִּי conj. that, for, when

1. that

2.

a. Of time, when, of the past

b. elsewhere כִּי has a force approximating to if, though it usu. represents a case as more likely to occur than אִם

c. when or if, with a concessive force, i.e. though

3. Because, since

כִּי אם־

relative conjunction

כִּי אם־

1. each part. retaining its independent force, and relating to a different clause:

a. that if

b. for if

2. (About 140 t.) the two particles being closely conjoined, and relating to the same clause—

a. limiting the prec. clause, except

b. the if being neglected, and treated as pleonastic, so that the clause is no longer a limitation of the preceding clause but a contradiction of it: but rather, but

c. after an oath, surely

כִּי עַל כֵּן

forasmuch as

כִּי עַל כֵּן forasmuch as

H5327

נָצָהnâtsâh/naw-tsaw'/

v — go forth, be expelled, desolate, lay waste, quarrel

Derivation: a primitive root;

properly, to go forth, i.e. (by implication) to be expelled, and (consequently) desolate; causatively, to lay waste; also (specifically), to quarrel

KJV: be laid waste, runinous, strive (together).

נָצָה

vb — fall in ruins

[נָצָה] vb. fall in ruins

Qal thy cities shall fall in ruins

Niph. ruined heaps, i.e. ruin-heaps

נָצָה

vb — struggle

[נָצָה] vb. Niph. Hiph. struggle

Niph. recipr. struggle with each other

Hiph. engage in struggle against

H376

אִישׁʼîysh/eesh/

n-m — man

Derivation: contracted for 582 (or perhaps rather from an unused root meaning to be extant);

a man as an individual or a male person; often used as an adjunct to a more definite term (and in such cases frequently not expressed in translation)

KJV: also, another, any (man), a certain, champion, consent, each, every (one), fellow, (foot-, husband-) man, (good-, great, mighty) man, he, high (degree), him (that is), husband, man(-kind), none, one, people, person, steward, what (man) soever, whoso(-ever), worthy. Compare 802.

אִישׁ

n.m — man

אִישׁ 2166 n.m. man (= vir)

H5062

נָגַףnâgaph/naw-gaf'/

v — push, gore, defeat, stub, inflict

Derivation: a primitive root;

to push, gore, defeat, stub (the toe), inflict (a disease)

KJV: beat, dash, hurt, plague, slay, smite (down), strike, stumble, × surely, put to the worse.

נָגַף

vb — strike

נָגַף vb. strike, smite

Qal strike, smite

Niph. be smitten

Hithp. = stumble

H802

אִשָּׁהʼishshâh/ish-shaw'/

n-f — woman

Derivation: feminine of 376 or 582; irregular plural, נָשִׁים;(used in the same wide sense as 582)

a woman

KJV: (adulter) ess, each, every, female, × many, none, one, together, wife, woman. Often unexpressed in English.

אִשָּׁה

n.f — woman

אִשָּׁה 773 n.f. woman, wife, female

1. woman

2. Wife (woman belonging to a man, usually cstr. or sf.)

3. Female of animals

4. With distrib. & recipr. sense, each woman from her neighbor; each one

H2030

הָרֶהhâreh/haw-reh'/

a-f — pregnant

Derivation: or הָרִי; (Hosea 14:1), from 2029;

pregnant

KJV: (be, woman) with child, conceive, × great.

הָרָה

adj.f — pregnant

הָרָה adj.f. pregnant

הָרִיָּה

adj.f — pregnant

[הָרִיָּה] adj.f. pregnant, only pl. as subst. Ho 14:1

H3318

יָצָאyâtsâʼ/yaw-tsaw'/

v — go, bring, out

Derivation: a primitive root;

to go (causatively, bring) out, in a great variety of applications, literally and figuratively, direct and proxim.

KJV: × after, appear, × assuredly, bear out, × begotten, break out, bring forth (out, up), carry out, come (abroad, out, thereat, without), be condemned, depart(-ing, -ure), draw forth, in the end, escape, exact, fail, fall (out), fetch forth (out), get away (forth, hence, out), (able to, cause to, let) go abroad (forth, on, out), going out, grow, have forth (out), issue out, lay (lie) out, lead out, pluck out, proceed, pull out, put away, be risen, × scarce, send with commandment, shoot forth, spread, spring out, stand out, × still, × surely, take forth (out), at any time, × to (and fro), utter.

יָצָא

vb — go out

יָצָא 1068 vb. go or come out

Qal

1. go or come out or forth

a. from (מִן) a place

b. go forth from (the presence of) a person

c. in technical senses

d. of flight, involving escape

e. depart

f. of inanimate things

g. with especial emphasis on idea of origin, source

h. of children as going forth from loins (of father)

2.

a. go forth to a place

b. go forward, proceed to or toward something

c. come or go forth, with esp. ref. to purpose or result

3. of combinations

Hiph.

1. cause to go or come out, bring out, lead out

2. fig. obj. persons, bring out of (מִן) distress, etc.

3. bring out animals

4. inanimate obj.

5. fig. subj. י׳, bring forth from (מִן)

Hoph. be brought forth

H3206

יֶלֶדyeled/yeh'-led/

n-m — something born, lad, offspring

Derivation: from 3205;

something born, i.e. a lad or offspring

KJV: boy, child, fruit, son, young man (one).

יֶ֫לֶד

n.m — child

יֶ֫לֶד 89 n.m. child, son, boy, youth

H3808

לֹאlôʼ/lo/

adv — not, no

Derivation: or לוֹא; or לֹה; (Deuteronomy 3:11), a primitive particle;

not (the simple or abs. negation); by implication, no; often used with other particles

KJV: × before, or else, ere, except, ig(-norant), much, less, nay, neither, never, no((-ne), -r, (-thing)), (× as though...,(can-), for) not (out of), of nought, otherwise, out of, surely, as truly as, of a truth, verily, for want, whether, without.

לֹא

adv — not

לֹא or לוֹא adv. not

H1961

הָיָהhâyâh/haw-yaw/

v — exist, be, become, come to pass

Derivation: a primitive root (compare 1933);

to exist, i.e. be or become, come to pass (always emphatic, and not a mere copula or auxiliary)

KJV: beacon, × altogether, be(-come), accomplished, committed, like), break, cause, come (to pass), do, faint, fall, follow, happen, × have, last, pertain, quit (one-) self, require, × use.

הָיָה

vb — fall out

הָיָה 3570 vb. fall out, come to pass, become, be

Qal

I.

1.

a. Fall out, happen

b. occur, take place, come about, come to pass

2. esp. & very oft., come about, come to pass

a.

(1). וַיְהִי and it came to pass that, most often (c. 292 t.)

(2). rarely also Pf. c. וְ conj. וְהָיָה

b. less oft. וְהָיָה Pf. consec. and it shall come to pass, or frequentat. came to pass (repeatedly, etc.)

II. Come into being, become

1.

a. abs., in lively narrative, arise, appear, come

b. sq. prep.

2. become

a. sq. pred. noun (to be viewed as implicit accus.)

b. sq. pred. adj.

c. become like

d. sq. pred. לְ pers.

e. sq. לְ pred.

f. oft. c. לְ pred. לְ pers.

g. with עַל and לְ

h. sts. c. לְ pers. only = became the property of, come into the possession of

III. Be (often with subbordinate idea of becoming)

1. exist, be in existence

2. abide, remain, continue

3. with word of locality, be in or at a place, be situated, stand, lie

4. as copula, joining subj. & pred.

5. periphrastic conjug.

Niph.

1. either be done, be brought about, or occur, come to pass

2. be done, finished, gone

H611

אָסוֹןʼâçôwn/aws-sone'/

n-m — hurt

Derivation: of uncertain derivation;

hurt

KJV: mischief.

אָסוֹן

n.m — mischief

אָסוֹן n.m. mischief, evil, harm

H6064

עָנַשׁʻânash/aw-nash'/

v — urge, inflict a penalty, fine

Derivation: a primitive root;

properly, to urge; by implication, to inflict a penalty, specifically, to fine

KJV: amerce, condemn, punish, × surely.

עָנַשׁ

vb. denom — fine

[עָנַשׁ] vb. denom. fine, mulct

Qal = punish

Niph. he shall be strictly fined

H834

אֲשֶׁרʼăsher/ash-er'/

r — who, which, what, that, when, where, how, because, in order that

Derivation: a primitive relative pronoun (of every gender and number);

who, which, what, that; also (as an adverb and a conjunction) when, where, how, because, in order that, etc.

KJV: × after, × alike, as (soon as), because, × every, for, + forasmuch, + from whence, + how(-soever), × if, (so) that ((thing) which, wherein), × though, + until, + whatsoever, when, where (+ -as, -in, -of, -on, -soever, -with), which, whilst, + whither(-soever), who(-m, -soever, -se). As it is indeclinable, it is often accompanied by the personal pronoun expletively, used to show the connection.

אֲשֶׁר

part. of relation — who

אֲשֶׁר part. of relation A sign of relation, bringing the clause introduced by it into relation with an antecedent clause.

בַאֲשֶׁר

adv — in which

בַאֲשֶׁר

a. in (that) which

b. adv. in (the place) where

c. conj. in that, inasmuch as

d. on account of whom?

כַּאֲשֶׁר

conj — according as

כַּאֲשֶׁר conj. according as, as, when

1. according to that which, according as, as

2. with a causal force, in so far as, since

3. with a temporal force, when

מֵאֲשֶׁר

adv — who

מֵאֲשֶׁר

a. from (or than) that which

b. adv. from (the place) where

c. conj. from (the fact) that …, since

H7896

שִׁיתshîyth/sheeth/

v — place

Derivation: a primitive root;

to place (in a very wide application)

KJV: apply, appoint, array, bring, consider, lay (up), let alone, × look, make, mark, put (on), regard, set, shew, be stayed, × take.

שִׁית

vb — put

שִׁית vb. put, set

Qal

1. put, lay

2.

a. set, station

b. set one's mind to, give heed, attention

c. set, fix

3. constitute, make one something

4. internally trans., = take one's stand

Hoph. if a ransom be imposed

H5921

עַלʻal/al/

prep — above, over, upon, against

Derivation: properly, the same as 5920 used as a preposition (in the singular or plural often with prefix, or as conjunction with a particle following);

above, over, upon, or against (yet always in this last relation with a downward aspect) in a great variety of applications

KJV: above, according to(-ly), after, (as) against, among, and, × as, at, because of, beside (the rest of), between, beyond the time, × both and, by (reason of), × had the charge of, concerning for, in (that), (forth, out) of, (from) (off), (up-) on, over, than, through(-out), to, touching, × with.

כִּי עַל כֵּן

forasmuch as

כִּי עַל כֵּן forasmuch as

עַל

subst — above

עַל, עָ֑ל

I. subst. height

II. As prep. upon, and hence on the ground of, according to, on account of, on behalf of, concerning, beside, in addition to, together with, beyond, above, over, by, on to, towards, to, against

1. Upon, of the substratum upon which an object in any way rests, or on which an action is performed

a.

(a). of clothing, etc., which any one wears

(b). With verbs of covering or protecting, even though the cover or veil be not over or above the thing covered, but around or before it

b. Of what rests heavily upon a person, or is a burden to him

c. Of a duty, payment, care, etc., imposed upon a person, or devolving on him

d. על is used idiom. to give pathos to the expression of an emotion, by emphasizing the person who is its subject, and who, as it were, feels it acting upon him

e. חָיָה עַל to live upon (as upon a foundation or support)

f. Of the ground or basis, on which a thing is done

2. It expresses excess

3. It denotes elevation or pre-eminence

4. It expresses addition

5. It expresses the idea of being extended, or suspended over anything, without however being in contact with it, above, over

6. From the sense of inclining or impending over, על comes to denote contiguity or proximity, Engl. by (or sts. on)

7. In connection with verbs of motion (actual or fig.)

8. By writers of the silver age, על is sts. used with the force of a dative

9. With other particles:

III. As conj.

a. עַל אֲשֶׁר because that

b. עַל כִּי similar in meaning, but less frequent

c. עַל alone:

(a). because

(b). notwithstanding that, although

IV. Compounds:

1. with כְּ (rare and late)

a. as concerning, as upon

b. the like of their deeds is the like of (that which) he will repay

2. מֵעַל from upon, from over, from by

H1167

בַּעַלbaʻal/bah'-al/

n-m — master, husband, owner

Derivation: from 1166;

a master; hence, a husband, or (figuratively) owner (often used with another noun in modifications of this latter sense)

KJV: archer, babbler, bird, captain, chief man, confederate, have to do, dreamer, those to whom it is due, furious, those that are given to it, great, hairy, he that hath it, have, horseman, husband, lord, man, married, master, person, sworn, they of.

בַּעַל

n.m — Baal

בַּעַל 166 n.m. owner, lord

I.

1. owner

2. husband

3. citizens, inhabitants

4. rulers, lords

5. n. of relation

II. Esp. lord, specif. as divine name, Baal.

H5414

נָתַןnâthan/naw-than'/

v — give, put, make

Derivation: a primitive root;

to give, used with greatest latitude of application (put, make, etc.)

KJV: add, apply, appoint, ascribe, assign, × avenge, × be (healed), bestow, bring (forth, hither), cast, cause, charge, come, commit, consider, count, cry, deliver (up), direct, distribute, do, × doubtless, × without fail, fasten, frame, × get, give (forth, over, up), grant, hang (up), × have, × indeed, lay (unto charge, up), (give) leave, lend, let (out), lie, lift up, make, O that, occupy, offer, ordain, pay, perform, place, pour, print, × pull, put (forth), recompense, render, requite, restore, send (out), set (forth), shew, shoot forth (up), sing, slander, strike, (sub-) mit, suffer, × surely, × take, thrust, trade, turn, utter, weep, willingly, withdraw, would (to) God, yield.

נָתַן

vb — give

נָתַן 2007 vb. give, put, set

Qal 1917

1. give

2. Put, set

3. Make, constitute

Niph. 82

1. be given

2. Be put, set

Hoph.

1.

a. be given, bestowed

b. = be given to one for wife

2. be put upon

H6414

פָּלִילpâlîyl/paw-leel'/

n-m — magistrate

Derivation: from 6419;

a magistrate

KJV: judge.

פָּלִיל

n.m — judge

[פָּלִיל] n.m. judge

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