Parasha: Mishpatim – judgments
Torah: Shemot 21:1 – 24:18
The Torah goes to great effort to protect the life of an accidental murderer. Six cities in Israel were established as sanctuaries to protect accidental murderers from facing execution from “theRedeemer of Blood”. This week’s Torah portion puzzled me as I tried to understand why there was no mention of the “victim” in an accidental death. Here is how it is explained:
22 When men strive together, and hurt a woman with child, so that there is a miscarriage, and yet no harm follows, the one who hurt her shall be fined, according as the woman’s husband shall lay upon him; and he shall pay as the judges determine. 23 If any harm follows, then you shall give life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe. (Shemot 21:22-25)
At first glance, I had a hard time wondering why the “life” of the fetus wasn’t mentioned in this passage. The fetus died, the mother was probably slightly hurt. Yet, the passage stays focused on the condition of the mother.
I called a friend and asked his opinion. He read the passage and noted that the miscarriage was not an intentional act. Therefore the process for dealing with the accident was described in the verses that followed the incident.
An abortion is a deliberate act of murder.
The Torah also deals with it.
But if a man come presumptuously on his neighbor, to slay him with guile; you shall take him even from my altar, that he may die. (Ex 21:14)
Keep you far from a false matter; and the innocent and righteous slay you not: for I will not justify the wicked. (Ex 23:7)
The Torah, in it’s Wisdom, deals with both the accidental and the deliberate.
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