21:22 “If men fight and hit a pregnant woman and her child is born prematurely, 3 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. 4
1 sn See on the meaning of this basket C. Cohen, “Hebrew tbh: Proposed Etymologies,” JANESCU 9 (1972): 36-51. This term is used elsewhere only to refer to the ark of Noah. It may be connected to the Egyptian word for “chest.”
2 sn The circumstances of the saving of the child Moses have prompted several attempts by scholars to compare the material to the Sargon myth. See R. F. Johnson, IDB 3:440-50; for the text see L. W. King, Chronicles concerning Early Babylonian Kings, 2:87-90. Those who see the narrative using the Sargon story’s pattern would be saying that the account presents Moses in imagery common to the ancient world’s expectations of extraordinary achievement and deliverance. In the Sargon story the infant’s mother set him adrift in a basket in a river; he was loved by the gods and destined for greatness. Saying Israel used this to invent the account in Exodus would undermine its reliability. But there are other difficulties with the Sargon comparison, not the least of which is the fact that the meaning and function of the Sargon story are unclear. Second, there is no outside threat to the child Sargon. The account simply shows how a child was exposed, rescued, nurtured, and became king (see B. S. Childs, Exodus [OTL], 8-12). Third, other details do not fit: Moses’ father is known, Sargon’s is not; Moses is never abandoned, since he is never out of the care of his parents, and the finder is a princess and not a goddess. Moreover, without knowing the precise function and meaning of the Sargon story, it is almost impossible to explain its use as a pattern for the biblical account. By itself, the idea of a mother putting a child by the river if she wants him to be found would have been fairly sensible, for that is where the women of the town would be washing their clothes or bathing. If someone wanted to be sure the infant was discovered by a sympathetic woman, there would be no better setting (see R. A. Cole, Exodus [TOTC], 57). While there need not be a special genre of storytelling here, it is possible that Exodus 2 might have drawn on some of the motifs and forms of the other account to describe the actual event in the sparing of Moses – if they knew of it. If so it would show that Moses was cast in the form of the greats of the past.
3 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.
4 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.