http://www.elroy.net/ehr/abortion.html
This is a very illuminating passage. In it we find a woman losing her child by being stuck by men who are fighting. Rather than it being a capital offence, however, it is relegated to a civil matter, with the father-to-be taking the participants to court for a settlement. But, as we read on, if the woman is killed, a "life for a life," then the men who killed her shall be killed. Some have claimed that the life for a life part is talking about the baby. But from reading the context we can see this is not true. It also states a tooth for a tooth and a burn for a burn. Babies don't have teeth when they are born, and it is highly unlikely a baby will be burned during birth. It is pretty clear that this part refers to the mother. Thus we can see that if the baby is lost, it does not require a death sentence -- it is not considered murder. But if the woman is lost, it is considered murder and is punished by death.
It's important to note that some anti-abortion lobbyists want to convince us the baby in this passage survived the miscarriage. They point to the more "politically-correct" translation they find in the New International Version of the Bible. There it translates the term "miscarriage" into "gives birth prematurely" (the actual words in Hebrew translate "she lose her offspring"). While this may give them the warm and fuzzy notion that this verse might actually support their cause if maybe the child survived, it is wishful thinking at best. In our modern era of miracle medicine only 60% of all premature births survive. Three thousand years ago, when this passage was written, they did not have modern technology to keep a preemie alive. In fact, at that time, more than half of all live births died before their first birthday. In a world like that, a premature birth was a death sentence.
Others have looked to the actual Hebrew words, themselves, to try and refute these verses. They note that the word "yalad" is used in verse 22 to describe the untimely birth, and that yalad is also used in other places to describe a live birth. They then go on to say other places in the Bible use the words "nefel" and "shakol" to describe a miscarriage. Therefore, the argument goes, the baby in Exodus 21:22 must have been born alive. It's easy to see how a novice might make this mistake, but a closer look at the words in question reveal the flaw in this argument.
The word yalad is a verb that describes the process of something coming out - the departing of the fetus. Since it is describing the process, and not the result, it could be used to describe either a live birth or a miscarriage. Shakol which shows up in Hosea 9:14, is also a verb, but its meaning is to make a woman barren. Now a barren woman certainly might miscarry, but with this understanding of the word, it's clear why the writer of Exodus would not have used it since this miscarriage was caused by an accident, not by barrenness. And the word nefel is not even a verb. It's a noun. True, as a noun it is the term for a miscarried fetus, but the writer wasn't using a noun. He was using a verb to describe the coming out of the fetus. Thus, if I were describing a man falling to his death, I would use the verb "to fall" which can be used for both those who die and those who survive a fall, but to describe the man himself I would use the word the "fatality." So we can see that while a novice might mistake a verb for a noun and come to the wrong conclusions about the original Hebrew words used in the Exodus passage, a more careful look proves that the words only describe the action of losing the fetus, not the fetus itself. And that being the case, we can't use the Hebrew translations to determine if the fetus was alive or not when it came out - so we are forced to accept that in all certainly, considering the medical knowledge at the time, the preemie died. This makes it even more clear that the "tooth for a tooth" passage refers only to the mother, not to the miscarried fetus.
What has been so clearly demonstrated by the passage in Exodus - the fact that God does not consider a fetus a human person - can also be seen in a variety of other Bible verses. In Leviticus 27:6 a monetary value was placed on children, but not until they reached one month old (any younger had no value). Likewise, in Numbers 3:15 a census was commanded, but the Jews were told only to count those one month old and above - anything less, particularly a fetus, was not counted as a human person. In Ezekiel 37:8-10 we watch as God re-animates dead bones into living soldiers, but the passage makes the interesting note that they were not alive as persons until their first breath. Likewise, in Genesis 2:7, Adam had a human form and a vibrant new body but he only becomes a fully-alive human person after God makes him breathe. And in the same book, in Genesis 38:24, we read about a pregnant woman condemned to death by burning. Though the leaders of Israel knew the woman was carrying a fetus, this was not taken into consideration. If indeed the Jews, and the God who instructed them, believed the fetus to be an equal human person to the mother, then why would they let the fetus die for the mother's crimes? The truth is simple. A fetus is not a human person, and its destruction is not a murder. Period.
It is time to stop the one-sided view of abortion being proclaimed by Christian leaders. These leaders do not -- despite their claims -- have a biblical mandate for their theologies. It is time to stop preaching that the Bible contains an undeniable doctrine against abortion. It is time to stop the anger and hatred being heaped on abortion doctors and upon women who have abortions, especially when it's done in the name of a God who has not written such condemnations in his Bible. It is time to stop, because the act of making a judgment against people in God's name, when God is not behind the judging, is nothing short of claiming that our own beliefs are more important than God's. We must stop, because if we don't, then indeed the very type of theological argument being used against abortion can be turned around and used to proclaim that abortion is biblical.