21:22 “If men fight and hit a pregnant woman and her child is born prematurely, 2 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. 3
1 sn The firstborn in Egyptian and Israelite cultures was significant, but the firstborn of Pharaoh was most important. Pharaoh was considered a god, the son of Re, the sun god, for the specific purpose of ruling over Re’s chief concern, the land of Egypt. For the purpose of re-creation, the supreme god assumed the form of the living king and gave seed which was to become the next king and the next “son of Re.” Moreover, the Pharaoh was the incarnation of the god Horus, a falcon god whose province was the heavens. Horus represented the living king who succeeded the dead king Osiris. Every living king was Horus, every dead king Osiris (see J. A. Wilson, “Egypt,” Before Philosophy, 83-84). To strike any firstborn was to destroy the heir, who embodied the hopes and aspirations of the Egyptians, but to strike the firstborn son of Pharaoh was to destroy this cardinal doctrine of the divine kingship of Egypt. Such a blow would be enough for Pharaoh, for then he would drive the Israelites out.
2 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.
3 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.