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EXODUS | 21:22 fined — EXOD583 Though the type of compensation is clear,...

EXOD583 Though the type of compensation is clear, the exact nature of the compensation is not. The question in this case is one of compensation, as in the rest of the compensation cases listed in chapter 21 of Exodus, for the principal injury to the woman, or, the lesser to the child. The question is whether this potential child has any inherent value or not. Rashi, again basing himself on Mechilta, states that the compensation is payment of the value of the fetus to the husband, by estimating the market value of a woman slave who was pregnant and of a woman slave who is not pregnant. The difference in the market value between them is the value of the fetus. It appears that in the evaluation of the compensation, at least, the fetus did have some inherent value – albeit not that of human life. Clearly, feticide is not linked with homicide at this level of argumentation. This point is confirmed by the rabbinic interpretation of the continuation of Exodus 21:23: "If any harm follows, they shall give life for life…". Here this compensation refers to the "harm" done to the woman. The death of the woman is then divided according to the formulation common in the capital punishment cases: "Life for life, eye for eye, tooth for tooth, etc.," a formulation usually understood as representing monetary compensation and not the actual taking of life for life. In the case of the death of the woman (i.e., life for life) there is a dispute among the rabbis as to whether the penalty for the perpetrator should actually be the death penalty or monetary compensation. Sanhedrin 79a.

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Source KeyFREUND
Verse21:22
Keyword(s)fined
Source Page(s)242
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