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22 [a]When men have a fight and hurt a pregnant woman, so that she suffers a miscarriage, but no further injury, the guilty one shall be fined as much as the woman’s husband demands of him, and he shall pay in the presence of the judges.

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Footnotes

  1. 21:22–25 This law of talion is applied here in the specific case of a pregnant woman who, as an innocent bystander, is injured by two fighting men. The law of talion is not held up as a general principle to be applied throughout the book of the covenant. (But see note on Lv 24:19–20.) Here this principle of rigorous accountability aimed to prevent injury to a woman about to give birth by apparently requiring the assailant to have his own wife injured as she was about to bring new life into his family. However, it is debatable whether talion was ever understood or applied literally in Israel. In his Sermon on the Mount, Jesus challenges his audience to find a deeper form of justice than the supposed equilibrium offered by talion (Mt 5:38–40).