Origin of Life

                                            Lesson 3

Review:

 

THE BIBLE GRANTS LEGAL PROTECTION FOR THE UNBORN;  Why??  Ex. 21:22-25

 

Background; the context is the giving of laws for Israel.

 

The word for strike is quite strong and usage shows it may refer to anything from a serious injury up to, and including, death.

[struggle - Lev. 24:10;  kill - 2 Sam 14:6]

 

 

Thus what is in her womb is every bit a human being as what will be born to her -- a fact established in part by this passage also.

 

 

The translation of the verb yatsah by the word miscarriage is therefore an interpretation, not a translation.   [and its unfortunate]

 

 

- The verb is used many places for a normal delivery.  Gen. 25:25,26 

Also Gen. 38:28-30; Eccl. 5:15; Jer. 1:5; 20:18

- Each of these passages uses the word miss translated miscarriage in Exodus 21:21, and in each case refers to a normal delivery.      

 

 

Thus in keeping with normal word usage, the woman had a premature,  but live birth;  not a miscarriage.

 

As a consequence of the baby being delivered because of the blow, two things may occur. 

There may be injury or there may be no injury. 

 

What are the penalties to be in each case? 

 

First in the case of no injury to mother or baby, verse 22 says that the woman's husband may demand a fine;  for mental & emotional stress of the mother.  And the fine is to be reviewed by a judge.       

 

One further question should be asked, Was the blow accidental? or intentional? 

The accidental death [manslaughter] was handled by the cities of  refuge where one could flee for protection (Numbers 35:9-15).

 

Now the next verse, vs:23, addresses a totally different circumstance.

The 2nd case  If there is injury, that is loss of life, then you shall appoint as a penalty life for life.”

 

 

The injury is physical, and it could be as minor as a bruise (vs. 25c), or as severe as death (vs. 23b). Also note that verse 23 makes no distinction between injury done to the mother, or to the baby.

 

The penalty ‘life for life’ is capital punishment, whether for the death of the unborn child or for the woman, since the blow was considered intentional. 

 

The Mosaic Law never required death for unintentional murder, only for premeditated murder. 

 

The principle of lex talionis is that the penalty, or judgment exacted must be in balance with the violation committed.  

 

Note then that scripture here grants full legal protection to the unborn child as well as the mother.

 

To sum up at this point:

1. There is no permission here for abortion. Absolutely none!

 

2. The premature child is given the same protection under the law that the mother has, including life for life!

 

3. Since the full protection of the law applies to the unborn, to kill an unborn child is to commit murder.

 

We might ask at this point, why is there no explicit prohibition against abortion in the Old Testament? 

1. They believed childlessness to be a curse, for the husband it meant that he could not perpetuate the family name (Dt. 25:5-6 referred to as a Leverite marriage; Ruth 4:5; Jer. 11:19).

 

2. They recognized children as a gift from the Lord  (Gen. 33:5; Psa. 113:9; 127:3).     

 

3.  It is God who opens the womb, granting conception  (Gen. 29:33;  30:22; 1 Sam. 1:19-20;).

 

4.  Abortion was not the practice of any people in that day, thus no  prohibition was necessary.  By the time of the Roman Empire it was common. In fact both feticide and infanticide was practiced.

 

5. To say that, because there is no direct prohibition against abortion in scripture, one may abort, is to argue from silence.

 

 

Psalm 139 PRESENTS THE LORD'S ACTIVITY IN THE WOMB THE UNBORN REVEALS THE CHARACTER OF GOD.

 

In the first 16 verses of Psalm 139, David surveys his life in four stages: (1) past, (2) present, (3) future,  and then (4) before birth.

 

 

Thus from his unborn status in the womb to adulthood he has the same   personal identity.  In this way he affirms a direct continuity between his pre and post-birth existence.

 

 

As you read this Psalm don't miss the sense of intimacy here! David is focused on God's personal involvement with his life, in the same way that we noted in Psa. 51:5b. David begins his life with conception, not with his birth.