Pro-life, pro-choice - shouldn't we listen with empathy to each other's concerns? Part II: A brief look at the law of Moses
As I have already stated in my previous post, I value life, but I also value bodily autonomy which is undoubtedly an outflow of our God-Given dignity. If you put the preservation of life above everything else including human dignity, you get scary results. We are all witnesses of these during the last three years.
Although I do agree with pro-lifers that life is to be nurtured and protected, not killed, I do have problems when Bible-honoring Christians call abortion „murder“. Is this really Biblically correct? What exactly does the Bible say?
Let us take a brief look at the law of Moses.
Exodus 21:12,13: „Whoever strikes and kills a man must surely be put to death. If, however, he did not lie in wait, but God allowed it to happen, then I will appoint for you a place where he may flee.“
In Jewish law, the muderer is to be put to death. The death penalty is executed by the „avenger of blood“, as specified in Numbers 35:19,21. If the killing was not premeditated, the perpetrator of this accidental manslaughter is still liable to death but can flee to one of the six Levitical cities of refuge, where his life is protected. If the perpetrator leaves the city of refuge and is subsequently killed by the avenger of blood, the latter is not guilty of blood. (Numbers 35:26,27)
In other words: The avenger of blood can execute the death penalty even in case of accidental manslaughter, but only if the perpetrator is outside the Levitical city that had granted him asylum.
Neither the murderer nor the person committing manslaughter (Numbers 35:31,32) is allowed to pay a ransom for his life. The Biblical logic behind this rule is that there is no atonement for bloodshed other than by shedding the blood of the perpetrator: Life for life. (Numbers 35:33)
These laws are a reflection of the Ten Commandments, Exodus 20:13: „You shall not murder“.
Now look at Exodus 21:22-25
„And should men quarrel and hit a pregnant woman, and she miscarries but there is no fatality, he shall surely be punished, when the woman's husband makes demands of him, and he shall give [restitution] (or: he shall surely be fined) according to the judges' [orders]. 23 But if there is a fatality, you shall give a life for a life, 24 an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, 25 a burn for a burn, a wound for a wound, a bruise for a bruise.“
As I said before, „fatality“ concerns, logically, the woman, as the famous Jewish commentator Rashi also confirms.
Beyond any doubt, from a legal perspective according to the law of Moses, the Bible does not consider a premature ending of pregnancy as murder or manslaughter. Otherwise the attacker accidentally causing abortion would have to flee to a city of refuge if he wanted to save his life (Exodus 21:13) and would not simply be liable to pay a fine.
Therefore, in the logic of the Bible, murder or manslaughter can only be committed against a born person, like, for example, the pregnant woman in Exodus 21:23. If she is injured, then the perpetrator has to “give a life for a life” etc.
This is true for the Masoretic Text.
I also pointed out to the LXX, or Septuagint, Version of Exodus in my previous post. With the LXX version, you would have to distinguish if the foetus is fully developed or not yet fully developed:
„And if two men strive and smite a woman with child, and her child be born imperfectly formed, he shall be forced to pay a penalty: as the woman’s husband may lay upon him, he shall pay with a valuation. 23 But if it be perfectly formed, he shall give life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burning for burning, wound for wound, stripe for stripe.“
So if you want to “stand on the Bible”, you can only talk about „murder“ in the context of abortion if you point to the Septuagint Version of the Bible and if the foetus aborted had been fully developed.
Again, life is to be nurtured and protected.
But generally and indiscriminately calling abortion murder undeniably means passing judgement:
Judgement on the woman who chose abortion, on her doctor, and, as I heard many times from evangelists, on the legislators.
So you might better think twice before justifying your calling abortion murder with “standing on the Bible.”