“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. But if there is any further injury, then you
shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand
for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”
Samson:
Here is that famous passage, the words of which we have
often heard quoted when we talk about “getting revenge” – wanting equal value
compensation for what was taken from us.
From this stems the idea of a ‘victim’ being made ‘whole’ at the expense
of the ‘offender’ or ‘criminal’.
Again what we notice is that God knew men would be
fighting each other and that often such a fight would involve a woman, one way
or another. Thus we have these verses
dealing with just that, and in particular, what is to happen when the woman is
pregnant and she loses the child as a result of being injured during the fight
between the men.
If the woman miscarries a fetus after being involved in a
physical struggle but she herself does not suffer other injury, then only a
fine is to be levied. The ‘life for
life, eye for eye’ principle does not go into effect unless the woman herself
is further injured. But we may well ask
“What about the baby? Was that not a life? Should not the principle of life for
life have applied in this case?” Good
questions.
I do not believe God was ignoring the fetus at all. Elsewhere in scripture God shows His true
feelings about the miracle He creates in a woman’s womb. Here are some of them:
· Did not He who made me
in the womb make him, And the same one fashion us in the womb? (Job 31:15)
· Yet Thou art He who
didst bring me forth from the womb; Thou didst make me trust when upon my
mother's breasts. Upon Thee I was cast from birth; Thou hast been my God from
my mother's womb. (Psalm
22:9-10)
· For Thou didst form my
inward parts; Thou didst weave me in my mother's womb. I will give thanks to
Thee, for I am fearfully and wonderfully made; Wonderful are Thy works, And my
soul knows it very well. My frame was not hidden from Thee, When I was made in
secret, And skillfully wrought in the depths of the earth. Thine eyes have seen
my unformed substance; And in Thy book they were all written, The days that
were ordained for me, When as yet there was not one of them. (Psalm 139:13-16)
· Thus says the LORD who
made you And formed you from the womb, who will help you, `Do not fear, O Jacob
My servant; And you Jeshurun whom I have chosen. (Isaiah 44:2)
· Thus says the LORD, your
Redeemer, and the one who formed you from the womb, "I, the LORD, am the
maker of all things, Stretching out the heavens by Myself, And spreading out
the earth all alone, (Isaiah
44:24)
And if that is
not enough to convince you He does not ignore the fetus, the Scriptures also
speak of at least five key figures of history who were called from the womb:Samson:
Then the woman came and told her husband, saying, "A
man of God came to me and his appearance was like the appearance of the angel
of God, very awesome. And I did not ask him where he came from, nor did he tell
me his name. "But he said to me, `Behold, you shall conceive and give
birth to a son, and now you shall not drink wine or strong drink nor eat any
unclean thing, for the boy shall be a Nazirite to God from the womb to the day
of his death.'" (Judges
13:6-7, see also Judges
16:17)
Jesus
(prophecy):- Listen to Me, O islands, And pay attention, you peoples from afar. The LORD called Me from the womb; From the body of My mother He named Me. (Isaiah 49:1)
- And now says the LORD, who formed Me from the womb to be His Servant, To bring Jacob back to Him, in order that Israel might be gathered to Him (For I am honored in the sight of the LORD, And My God is My strength), (Isaiah 49:5)
- Yet Thou art He who didst bring me forth from the womb; Thou didst make me trust when upon my mother's breasts. Upon Thee I was cast from birth; Thou hast been my God from my mother's womb. (Psalm 22:9-10)
"Before I formed you in the womb I knew you, And before
you were born I consecrated you; I have appointed you a prophet to the
nations." (Jeremiah
1:5)
John the
Baptist:
"For he will be great in the sight of the Lord, and he
will drink no wine or liquor; and he will be filled with the Holy Spirit, while
yet in his mother's womb." (Luke 1:15)
Paul:
But when He who had set me apart, even from my mother's
womb, and called me through His grace, was pleased (Galatians 1:15)
Scripture answers scripture. Where there appears to be a conflicting idea
or thought, we look to the whole of the Bible and see what the overwhelming
position on the issue is. So, in our
current passage, the focus is not the fetus but on punishing those who do harm
to others. It is not that there is no
punishment for causing a miscarriage, but it is left up to the husband of the
woman and the courts to determine what it is.
However, damage caused in the case of men struggling with
each other and a woman is injured further, then the punishment reverts to the
‘eye for eye, tooth for tooth’ principle.
I was wondering about the point, or points, of the passage. They didn’t seem to come out as clearly as
they do in some of the other passages.
However, on some further reflection and study, I did come up with three:
1.
God again indicates how He comes to the defense
of the weak and vulnerable.
2.
God does not support punishment that exceeds the
crime.
3.
The victim and the victim’s family matter, but
they also have to be reasonable as determined by the courts.
We would do well to examine our
current justice systems to see how we are doing in these areas. A comparative study between countries or cultures
would yield some interesting results.
[Are you
looking for a speaker at your church, your club, school, or organization? Ken
is available to preach, teach, challenge, and/or motivate. Please contact us.]
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