Question And Answer
Does Exodus 21:22 teach that an unborn baby does not have the same rights of a fully living human person?
Some have argued that the Law of Moses seems to treat an unborn child as less than a fully living person. The 1977 version of the NASV translation says, “And if men struggle with each other and strike a woman with child so that she has a miscarriage, yet there is no further injury, he shall surely be fined as the woman’s husband may demand of him; and he shall pay as the judges decide.” Therefore, some people conclude that since there is no requirement of the death penalty for an assault and battery that causes a miscarriage, the Bible treats an unborn baby as less than a fully living person.
But this is based on a mistranslation. The Hebrew word translated miscarriage literally means “to go out.” So if a man strikes a pregnant woman and the child comes out—in other words, she has a premature birth but the child lives—he still has to pay a penalty. This translation is reflected in virtually all contemporary English versions, including the updated NASV (which reads, “If men struggle with each other and strike a woman with child so that she gives birth prematurely . . .”). This corrected translation shows that God is even concerned for the rights of preborn children.
BY Dr. Michael Rydelnik
Dr. Michael Rydelnik is a professor of Jewish Studies at Moody Bible Institute and the host of Moody Radio’s Open Line with Michael Rydelnik. He is the author of 50 Most Important Bible Questions inspired by both his radio show and his columns for Today in the Word. Michael served on the translation team of the Holman CSB Bible and contributed to several other books and study Bibles. Michael also appeared in the Lee Stroebel video The Case for Christ. Michael and his wife, Eva, have two adult sons. The Rydelniks live in Chicago, Ill.