In the heat of the moment unfortunate things happen, like what happened in Exodus 21:22, when “two men are fighting and one of them hits a pregnant woman and she gives birth prematurely.”
It seems like an odd example, because what are the chances of something like this actually happening? But if it did and “there is no serious injury” to mother or newborn baby, “the offender must be fined whatever the woman’s husband demands and the court allows” (22).
Holiness in practical terms, then, included “the rule of compensation” – or in our terms “court awarded damages” – to compensate a person for harm or loss caused by someone else. It takes into account that wrong things happen, and once damage is done, it’s done, and it can’t be taken back. But that leaves victims seething, who might then wish harm in return, resulting in an all out battle that may never be resolved, with relationships ruined and even worse harm done.
That risk is real, because it seems so unfair that an innocent bystander should get caught in the crossfire of other people’s uncontrolled emotions, and be harmed for no fault of his own. But Yahweh knew it would happen, and he prepared the Israelites in advance to know how to deal with it and prevent things escalating.
And compensation was the key. But what made it so effective was that all those hurt by the accident – like the pregnant woman’s husband in verse 22 – had a say in what the compensation should be. It’s given to them as a right too, allowing them to express whatever they feel would be just and fair in the circumstances – for everyone involved.
Perhaps, as in restorative justice practices today, offender and victims work through it together, so that everyone involved comes away from the experience – a bit bruised still – but with healing well on the way and above all wanting the relationship settled and back on firm ground, no scars, no regrets, and no awkwardness when meeting together in future. No such form of justice existed in Egypt, so this was something totally new, where repairing the emotional damage to the victims was the top concern, as well having the offender pay for any damage caused, which in turn would release him from any lingering guilt he may have as well.
But why, then, would Yahweh include in his rules of justice the strange law in verse 24, requiring an “Eye for an eye and tooth for tooth”?….(next blog)
