Exodus 21:22

21:22 “If men fight and hit a pregnant woman and her child is born prematurely, ¹  but there is no serious injury, he will surely be punished in accordance with what the woman’s husband demands of him, and he will pay what the court decides. ² 

Exodus 28:43

28:43 These must be on Aaron and his sons when they enter ³  to the tent of meeting, or when they approach ⁴  the altar to minister in the Holy Place, so that they bear no iniquity and die. ⁵  It is to be a perpetual ordinance for him and for his descendants ⁶  after him. ⁷ 

[21:22]  ¹ tn This line has occasioned a good deal of discussion. It may indicate that the child was killed, as in a miscarriage; or it may mean that there was a premature birth. The latter view is taken here because of the way the whole section is written: (1) “her children come out” reflects a birth and not the loss of children, (2) there is no serious damage, and (3) payment is to be set for any remuneration. The word אָסוֹן (’ason) is translated “serious damage.” The word was taken in Mekilta to mean “death.” U. Cassuto says the point of the phrase is that neither the woman or the children that are born die (Exodus, 275). But see among the literature on this: M. G. Kline, “Lex Talionis and the Human Fetus,” JETS 20 (1977): 193-201; W. House, “Miscarriage or Premature Birth: Additional Thoughts on Exodus 21:22-25,” WTJ 41 (1978): 108-23; S. E. Loewenstamm, “Exodus XXI 22-25,” VT 27 (1977): 352-60.

[21:22]  ² tn The word בִּפְלִלִים (biflilim) means “with arbitrators.” The point then seems to be that the amount of remuneration for damages that was fixed by the husband had to be approved by the courts. S. R. Driver mentions an alternative to this unusual reading presented by Budde, reading בנפלים as “untimely birth” (Exodus, 219). See also E. A. Speiser, “The Stem PLL in Hebrew,” JBL 82 (1963): 301-6.

[28:43]  ³ tn The construction for this temporal clause is the infinitive construct with the temporal preposition bet (ב) and the suffixed subjective genitive.

[28:43]  ⁴ tn This construction is also the temporal clause with the infinitive construct and the temporal preposition bet (ב) and the suffixed subjective genitive.

[28:43]  ⁵ tn The text has וְלאֹ־יִשְׂאוּ עָוֹן וָמֵתוּ (vÿlo’-yis’u ’avon vametu). The imperfect tense here introduces a final clause, yielding a purpose or result translation (“in order that” or “so that”). The last verb is the perfect tense with the vav consecutive, and so it too is equal to a final imperfect – but it would show the result of bearing the iniquity. The idea is that if they approached the holy things with a lack of modesty, perhaps like the pagans who have nakedness and sexuality as part of the religious ritual, they would pollute the holy things, and it would be reckoned to them for iniquity and they would die.

[28:43]  ⁶ tn Heb “seed.”

[28:43]  ⁷ sn So the priests were to make intercession for the people, give decisions from God’s revealed will, enter his presence in purity, and represent holiness to Yahweh. The clothing of the priests provided for these functions, but in a way that brought honor and dignity. A priest was, therefore, to serve in purity, holiness, and fear (Malachi). There is much that can be derived from this chapter to form principles of spiritual leadership, but the overall point can be worded this way: Those whom God selects to minister to the congregation through intercessory prayer, divine counsel, and sacrificial worship, must always represent the holiness of Yahweh in their activities and demeanor.