Exodus 21:22-23

וְכִֽי־יִנָּצ֣וּ אֲנָשִׁ֗ים וְנָ֨גְפ֜וּ אִשָּׁ֤ה הָרָה֙ וְיָֽצְא֣וּ יְלָדֶ֔יהָ וְלֹ֥א יִֽהְיֶ֖ה אָס֑וֹן עָנ֣וֹשׁ יֵֽעָנֵ֗שׁ כַּֽאֲשֶׁ֨ר יָשִׁ֤ית עָלָיו֙ בַּ֣עַל הָֽאִשָּׁ֔ה וְנָתַ֖ן בִּפְלִלִֽים. וְאִם־אָס֖וֹן יִֽהְיֶ֑ה וְנָֽתַתָּ֥ה נֶ֖פֶשׁ .תַּ֥חַת נָֽפֶשׁ

The accepted translation is, If men fight and strike 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] according to the judges' [orders]. But if there is a fatality, you shall give a life for a life,

This translation has no basis in the Hebrew because the word for miscarriage ,הַפָּלָה, does not appear anywhere in the Torah text. Instead, the words used, יְלָדֶ֔יהָ וְלֹ֥א יִֽהְיֶ֖ה אָס֑וֹן, mean the child comes out but there is no fatality, ie, a premature birth.

The literal translation is, If men fight and hit a pregnant woman, and a premature birth results but there is no fatality, he shall surely be punished, when the woman's husband makes demands of him, and he shall give [restitution] according to the judges' [orders].

But if there is a fatality, you shall give a life for a life.

The Orthodox Jewish Bible conserves the original translation

This translation discrepancy changes the meaning entirely. 

If the baby is born dead, the inference is that just paying a fine means the unborn baby's life has less value than the mother's life. This provides a convenient rationalization for abortion.

If the baby is born alive, it means that the nonfatal injury sustained does not reflect at all on the value of either the baby or the mother. This provides no rationalization for abortion. Let's be honest. Judaism prohibits abortion and Torah gives no permission for it.

Rabbi Ahron Soloveichik zt"l presses home this point. “The Torah is compared to the sneh, the Burning Bush, because “fire gives heat, light and devours fuel, but the light of Torah must only give warmth and light, love and hope; it must never be used to destroy or kill. This is not Torah; it is a perversion of Torah.” 

 Rabbi Ahron Soloveichik and NCSY—An Appreciation

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Cecily Routman 

May there be abundant peace from Heaven, and good life upon us and upon all Israel. Amen.

Cecily Routman is the founder and president of the Jewish Pro-Life Foundation. She opposes abortion homicide in general and among Jews in particular and laments secular policy making in Israel that results in loss of Jewish life and delays the messianic redemption. Cecily envisions a Torah based holy Land of Israel and a world that respects the life of every human being from conception.

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