Assault producing miscarriage. Retaliation. Women in all countries are apt to interfere in the quarrels of men, and run the risk of suffering injuries which proceed from accident rather than design, one such injury being of a peculiar character, to which there is nothing correspondent among the injuries which may be done to man.
This is abortion, or miscarriage. The Mosaic legislation sought to protect pregnant women from suffering this injury by providing, first, that if death resulted the offender should suffer death (Exodus 21:23); and, secondly, that if there were no further ill-result than the miscarriage itself, still a fine should be paid, to be assessed by the husband of the injured woman with the consent of the judges (Exodus 21:22).
The mention of "life for life," in Exodus 21:23, is followed by an enunciation of the general "law of retaliation," applied here (it would seem) to the special case in hand, but elsewhere (Le 24:19, 20) extended so as to be a fundamental law, applicable to all cases of personal injury.