Exodus 21:22-23
“And when they strive together men and they injure woman pregnant so that they go out children of her but not he is mortal injury to fine he shall be fined. As he shall place on him husband of the woman and he shall give on judgements. But if harm he is then you shall give life in place of life” (The Hebrew-English Interlinear ESV Old Testament; Literal reading)
This passage is about a violent argument between men, where there is a pregnant woman present near them. During this struggle, the woman is somehow “injured” (nâgaph, which can also include fatal injuries), which caused the “children (masculine plural,
boys), to “come out” (yâtsâ’) of the woman. It is clear from the Hebrew, that the “mortal injury” is of the children, and not the woman, as we have the masculine, singular, “’âsôn” used, as the ESV rightly reads, “he is”. “’âsôn” is used in the Old Testament for serious, and even fatal injuries.
The Hebrew “wə·yā·ṣə·’ū yə·lā·ḏe·hā”, literally, “children come out”, is translated as “to miscarry”, or, “born prematurely”, or “fruit depart”, or “come out”, etc, in our English Versions. The masculine plural, shows that there is more than one boy in the womans womb.
In verse 23, “’âsôn” is used to show that either, one, or both of the boys died from the result of the injuries sustained by the woman, during this violent argument between the two men. It is clear, “then you shall give life in place of life”, which is a requirement of death, and not injury.
It is clear from verse 23, that if the child, or children, died, which can only mean, “to miscarry”, and not as some English translations read, “she gives birth prematurely”, as in the NASB, as this does not mean that the child or children, did not live. “she has a miscarriage”, is used in these Versions: NAB; NASB 1977; Douay-Rheims Bible; NRSV; Lasma Syriac Bible; The Contemporary Torah, JPS, 2006, etc
This miscarriage was caused by the fighting of these men, and could well have been deliberate, and not accidental. The seriousness of this, where there is death, results in the death of those who caused the woman to miscarry. If this is the punishment that Bible demands for miscarriage, there can be no doubt that those who perform premeditated abortions, are equally guilty with the Lord.