Verses 22-25 deal with one law regarding unintentional harm done to a pregnant woman. When men strive together, literally “And when [ki] men quarrel,” is similar to verse 18 but uses a different word meaning the same thing. (The word here is used in 2.13.) And hurt a woman with child means that they “hurt a pregnant woman” (Good News Translation). The word for hurt may also simply mean “hit” (New International Version) or “strike” (Translator’s Old Testament). New Jewish Publication Society’s Tanakh has “pushes,” and Revised English Bible has “knocks against.” Other ways to express this are “and injure a pregnant woman” or “cause a pregnant woman to suffer injury.”
So that there is a miscarriage is literally “and her children go out.” The Hebrew is not clear whether a miscarriage is really intended or a “premature birth” (Durham). In the case of a miscarriage, the fetus would not survive, so “she loses her child.” But in case “she gives birth prematurely” (New International Version), then it is possible that the child (or children) would live. Most scholars understand it to be a miscarriage. Translators are advised to follow this interpretation.
And yet no harm follows, literally “and there is no harm,” is also unclear. Since the woman has already been hurt, the meaning seems to be “and yet no further harm follows” (New Revised Standard Version). But the word for harm is indefinite. The only other place this word is used is in the story of Joseph, where Jacob is concerned that no “harm” come to Benjamin. (See Gen 42.4,38; 44.29.) Good News Translation interprets this to mean “but she is not injured in any other way.” Contemporary English Version has “If she isn’t badly hurt.”
The one who hurt her shall be fined is literally “fining he shall be fined,” using the same emphatic form as “dying he shall die” in verse 12. The “he” clearly refers to “the offender” (Revised English Bible), or “the one who struck the blow” (New Jewish Publication Society’s Tanakh). The word for fined implies a payment either in cash or in kind. According as the woman’s husband shall lay upon him simply means, as Good News Translation translates, “whatever amount the woman’s husband demands.” The word for husband also means owner or lord. (The same word is used in verse 3.)
And he shall pay as the judges determine is literally “and he gives by the judges.” Since this qualifies the previous clause, Good News Translation has “subject to the approval of the judges.” The word for judges has been understood by some to mean a “reckoning” (New Jewish Publication Society’s Tanakh) or an “assessment” (Revised English Bible), but the meaning is just about the same. Contemporary English Version has “and the judges approve.”
Quoted with permission from Osborn, Noel D. and Hatton, Howard A. A Handbook on Exodus. (UBS Helps for Translators). New York: UBS, 1999. For this and other handbooks for translators see here .
