How does Exodus 21:22-23 relate to the issue of abortion?

If through physical striving a woman is caused an abortion, the person responsible must pay some recompense, as the woman's husband demands, or as was to be determined by a judge. If however there were bad results for the woman, the guilty party would be held responsible for this, and the judgment would be commensurate with the injury, — “eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe” (vv. 24-25). Of course, to literally pluck out one's eye because he had blinded another's eye, would not help the injured party. But he is entitled to a fair recompense.

"And if men strive together, and one smite another with a stone, or with his fist, and he die not, but keepeth his bed: if he rise again, and walk abroad upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed. And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished for he is his money. If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow; he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine. And if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe. And if a man smite the eye of his servant, or the eye of his maid, that it perish; he shall let him go free for his eye's sake. And if he smite out his manservant's tooth, or his maidservant's tooth; he shall let him go free for his tooth's sake." (vv. 18-27.)

Two things only need be noted, leaving the details for the reader himself. The first is, that all these enactments reveal the tenderness of God in protecting the bodies of His people — and specially of those occupying a subject position. The second is, that we find here the true character of law. Grace is absent. It is eye for an eye, and tooth for a tooth, etc. Our blessed Lord especially cites these provisions to point out their contrast with grace. He says, "Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also." (Matt. 5:38-39.) On the ground of law an exact equivalent is demanded — no more, and no less; but grace can remit every claim; for dealt with in grace ourselves, our whole debt remitted, we must act on the same principle in our relationships with one another. Be it, however, never forgotten, that the foundation of grace itself is laid deep in righteousness, and hence it reigns through righteousness (Rom. 5:21), having thus been established upon an everlasting and immutable basis.

This law contained moral directions for the life of each Israelite, ceremonial directions (i.e. the laws of the offerings) for the children of Israel to serve God and also legal directions to regulate the daily life of the people. The principle of "an eye for an eye, and a tooth for a tooth" belongs to the latter group. It is not a principle for the conscience of a particular individual but a legal direction for the authorities and judges of Israel. This is clear from Exodus 21:22 and Deuteronomy 19:18 where the judges are expressly mentioned. The direction was based on the principle of absolute fairness in requiting the deed and was to be a warning and deterrent to the people (Deut. 19:20).

In verse 38 the Lord quotes from Exodus 21:24. "An eye for an eye" is fully righteous recompense, expressing the firm inflexibility of the law. Of course the sentence must be passed by a judge, not by the offended party. If one takes the law into his own hands, he will practically in every case inflict worse treatment than he received.

In the first place, on God's part, we find Him enacting laws which exhibit strict, even-handed, perfect justice. "Eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe." Such was the character of the laws, the statutes, and the judgements by which God governed His earthly kingdom of Israel. Everything was provided for, every interest was maintained, and every claim was met. There was no partiality — no distinction made between the rich and the poor. The balance in which each man's claim was weighed was adjusted with divine accuracy, so that no one could justly complain of a decision. The pure robe of justice was not to be tarnished with the foul stains of bribery, corruption and partiality. The eye and the hand of a divine Legislator provided for everything; and a divine Executive inflexibly dealt with every defaulter. The stroke of justice fell only on the head of the guilty, while every obedient soul was protected in the enjoyment of all his rights and privileges.

This plan, which will be perfectly carried out under the Second Man, was originally entrusted to the first, not fully indeed, but sufficiently to prove his inability to accomplish God's purposes. Israel entered on the land, charged to execute God's righteous judgment on the Canaanites, to keep His law, and to hold the first place among the nations. The people were in these matters God's instrument for the righteous government of the earth. If they were to destroy the Canaanites, it was as the ministers of God's just judgments. If in their law they were to exact "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe" (Ex. 21:23-25), it was as the executors of God's governmental righteousness. If their enemies were to flee before them, and they were to be the head and not the tail, it was because they were the instruments of God to maintain His authority on the earth. No intelligent Christian can look at this trust committed to Israel, without seeing how completely contrasted it is with the position in which the believer is now placed. Is this, as has been argued, because the world has been educated to a higher point? Let us ask one question — has God been educated? Has He discovered that things once thought to be right, are really wrong, and therefore abandoned them? The very suggestion is shocking. Whence, then, the difference? To an open eye it is plain at once. The Israelite was the minister of God's righteous government on earth; the Christian is the exponent of God's grace on earth. God's people are called to be the living manifestation of the principle on which God is acting. He is now acting in forbearance and long-suffering, and His people must exhibit forbearance and long-suffering also. In His dealings with the nations through Israel, He was acting in righteousness and judgment, and His people were bound to carry out righteousness and judgment as His instruments.

Did our Lord mean that we should forgive up to exactly four hundred and ninety times, and that would mark the extreme limit? Surely not. It is a number that no one would equal in a particular case. It just means that we should go on forgiving. Long before four hundred and ninety acts of forgiveness were registered there would be no counting. No, it sets forth an attitude of mind, very foreign to the flesh that cries, “Life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe” (Ex. 21:23-25). The law principle we can understand as men in the flesh; fatal as it would be for our blessing, if that were all. But grace, how slow we are to understand it, and still slower to practice it, though we owe everything to it!

Under the old economy we find that the law laid down the principle, in righteousness, "An eye for an eye" (Ex. 21:24), thereby restraining the wrath of man. Otherwise he would have demanded two eyes for one, in vengeance. But here an entirely new principle is introduced. "I say unto you that ye resist not evil." It is the very opposite of nature, which loves to avenge itself. It is different from righteousness, which measures out even-handed justice. It is the beautiful spirit of grace, manifested in all perfection in Him who "when he was reviled, reviled not again; when he suffered, he threatened not." Even so the disciple should be more than righteous: he should be gracious, and while walking through this world, it is better to lose his "cloke" than give up those lovely principles of grace that mark him out as one who belongs to Christ.

The Lord here advances beyond all Jewish and indeed human thought, when He enjoins on His disciples patient grace on all kinds of inflicted wrong. To resist it is forbidden. He cites from the law the principle of talion, as it is styled, or retaliation, expressly to abandon it. It was particularly open to abuse; but even when applied with the strictest justice, and acting as a powerful check on human vindictiveness, how far was it from the mind of heaven which Christ was manifesting on earth, and laying down as the only conduct proper to the sons of His Father! Can we conceive a greater shock to Jewish feeling?

In this chapter we have various "judgments" or "fixed ordinances" recorded, the observance of which is enjoined upon the people as regulating their conduct in all their relationships with each other, and as befitting those who are in covenant relationship with God. The penalties attaching to any breach in the strict observance of these is demonstrably consistent with the character and principle of that relationship, which was law.