Seder 60: Does Exodus 21:22-25 Address the Issue of Abortion?

 Exodus 21:22-25 discusses a case where two men are fighting, the fight gets out of hand, and one of men strikes a pregnant woman, causing the contents of her womb to "come out."  If there is "no harm," the passage says, the one who struck the woman would pay a fine.  If there is harm, the man would be penalized appropriately, according to the "eye for an eye" principle.  

There are a number of questions about how to interpret the passage.  One is the question of what "no harm" means.  One possible interpretation is that the woman loses her baby, but no harm comes to the mother.  Another is that "no harm" means that both the mother and her baby are OK. 

People on both sides of today's abortion debate have appealed to this case in support of their positions.  Some in favor of abortion, taking the reading that the woman has a miscarriage, say that the man only pays a fine for the miscarriage but could potentially lose his life if the mother dies, suggesting that the woman's life is of greater inherent worth than the baby's.  

On the other hand, some who oppose aboration take the second reading, where the baby is born safely.  Arguing that "harm" means harm to either the mother or the baby, they conclude that both are treated as being of equal inherent worth in the passage.  

Based on my reading on the passage so far, it appears to me that this case doesn't really address the inherent worth of the mother or the baby.  This is not a case of premeditated murder, so the probable punishment for any harm would be a fine, even if both mother and baby die.  And the fine would likely have been assessed based on a perception of economic value rather than than on the inherent worth of a human being.  

Some parallel cases in Hammurabi's Code (209-214) are instructive.  For example:

211.  If a woman of the free class loses her child by a blow, he shall pay five shekels in money.

212:  If this woman dies, he shall pay half a mina [about 30 shekels).  

A source that I have found helpful on this subject is an article by Joe M. Sprinkle in volume 55 of the Westminster Theological Journal (1997).