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  1. Here’s my treatment of the Exodus passage:

    http://ancienthebrewpoetry.typepad.com/ancient_hebrew_poetry/2011/01/under-what-circumstances-abortion-is-permitted-in-jewish-tradition.html#more

    I discuss it in light of the text’s impact and trajectory in Jewish tradition.

    Another approach would be discuss it against the background of ANE analogues. The Hittite laws vary the monetary compensation based on the gestational age of the fetus. The legal consequences of causing a woman to miscarry if the woman dies are variations on the principle of lex talionis in the Code of Hammurabi and the middle Assyrian laws. If the pregnant woman who dies belonged to the upper class, her assailant’s daughter was put to death – an example of vicarious punishment. The Middle Assyrians even prescribe torture of the guilty side. Only the oldest laws, the Sumerian laws, make a distinction between accidental and intentional assault.

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