Do Exodus 22 and Numbers 5 Allow Abortion?

Brian Bolton, in an article for Freedom from Religion Foundation, seeks to make a case from the Old Testament that the scriptures allow abortion. He does violence to the biblical text in order to make his case and it is important that we debunk such misuse of scripture. Here is what he says.

• A pregnant woman who is injured and aborts the fetus warrants financial compensation only (to her husband), suggesting that the fetus is property, not a person (Exodus 21:22-25).
• The gruesome priestly purity test to which a wife accused of adultery must submit will cause her to abort the fetus if she is guilty, indicating that the fetus does not possess a right to life (Numbers 5:11-31).

Both of these passages prove the opposite of what Bolton says. They are given by God to protect women and children from the carelessness, jealousy, and anger of men. Let me explain why his use of the scripture is fraudulent.

Does Exodus 22:22-24 value the life of the unborn differently than other human beings?

The easiest way for me to explain this passage is simply to quote it from a number of different translations–the meaning becomes plain.

KJV– 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, 25 Burning for burning, wound for wound, stripe for stripe.

NKJV–If men fight, and hurt a woman with child, so that she gives birth prematurely, yet no harm follows, he shall surely be punished accordingly as the woman’s husband imposes on him; and he shall pay as the judges determine. 23 But if any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.

ESV–When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman’s husband shall impose on him, and he shall pay as the judges determine. But if there is harm, then you shall pay life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.

 NASB– If men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman’s husband may demand of him, and he shall pay as the judges decide. But if there is any further injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.

This passage teaches that if there is a conflict that inadvertently causes a premature birth but no injury—either to the mother or to the child—a fine should be imposed. But if death ensues—again of the mother or the child—the matter should be treated as murder under the law. In fact, the penalty, in this case, seems to be more severe than simple manslaughter. It seems to impose more responsibility upon people who are around a pregnant woman because she and her unborn child are understood to be more vulnerable to injury or death.

This passage does not allow for abortion, it clearly identifies the unborn life as worthy of protection under the law with the same value as any other human being.

What about the trial wife accused of unfaithfulness in Numbers 5:11-31?

The short explanation of the passage is this. It tells the children of Israel how to deal with a jealous husband who without proof accuses his wife of adultery.

She is to be brought to the priest and an offering should be made for her. Then the priest brings her before the Lord and mixes holy water with dust from the floor of the Tabernacle. She is required to drink it and a curse is read.

There is nothing gruesome going on here. She is not required to drink poison. She is only drinking slightly muddy water which is something people in the ancient near east did all the time. This was not an ordeal or trial. It was a symbolic ceremony that put the judgment for her sin—if there actually was any sin—in the hands of God and not her husband. Her husband is required to trust God and continue to love her and care for her and any child that might be coming. This law provides a tangible way to assuage the wrath of a jealous and potentially irrational husband.

God could truly make the curse come to pass if the woman is guilty, and if so, that is God’s prerogative.  He does judge for sin and at times does so severely as He chooses. Life belongs to God, not to man.  However, we also know that God is incredibly merciful.  The power of life and death DOES belong to God.  It DOES NOT belong to men or women, except in the proper execution of justice.

What about the rest of the passages?

All the rest of the verses that Brian Bolton quotes are curses upon individuals and nations that include the loss of children’s lives. These curses have nothing to do with killing children by parents for personal convenience, but rather the judgment of God upon nations for sin.

The biblical principle regarding life is that all life belongs to God and not to us. It is in His sovereign prerogative to give life and also to take it. All our lives are in His hands.

We cannot allow this type of misuse of scripture to stand.