Exodus 21:22-25 says, "If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. But if there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise."
It's interesting that The Daily Bible editor and the Kretzmann commentary interpret this to mean that if there is a miscarriage the punishment is a fine, but if the mother is harmed there is physical retaliation. The Concordia Self-Study Bible, however, interprets these verses to mean that if there is no harm to either mother or child, the punishment is a fine, but if there is harm to the mother or child, the punishment is retaliation according to the injury.
I can see how one would arrive at the former interpretation since most babies born prematurely, especially without the blessing of modern medicine, probably would not have been able to survive. However, to me, the latter interpretation seems preferable since it would be difficult to categorize a miscarriage as "no serious injury."
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