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And hurt a woman with child - As a posterity among the Jews was among the peculiar promises of their covenant, and as every man had some reason to think that the Messiah should spring from his family, therefore any injury done to a woman with child, by which the fruit of her womb might be destroyed, was considered a very heavy offense; and as the crime was committed principally against the husband, the degree of punishment was left to his discretion. But if mischief followed, that is, if the child had been fully formed, and was killed by this means, or the woman lost her life in consequence, then the punishment was as in other cases of murder - the person was put to death; Exodus 21:23.
The rule would seem to refer to a case in which the wife of a man interfered in a quarrel. This law, “the jus talionis,” is elsewhere repeated in substance, compare the marginal references. and Genesis 9:6. It has its root in a simple conception of justice, and is found in the laws of many ancient nations. It serves in this place as a maxim for the magistrate in awarding the amount of compensation to be paid for the infliction of personal injury. The sum was to be as nearly as possible the worth in money of the power lost by the injured person. Our Lord quotes Exodus 21:24 as representing the form of the law, in order to illustrate the distinction between the letter and the spirit Matthew 5:38. The tendency of the teaching of the Scribes and Pharisees was to confound the obligations of the conscience with the external requirements of the law. The law, in its place, was still to be “holy and just and good,” Romans 7:12, but its direct purpose was to protect the community, not to guide the heart of the believer, who was not to exact eye for eye, tooth for tooth, but to love his enemies, and to forgive all injuries.