Injury to Bystanders and the Meaning of "יהיה אסון"/2
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Injury to Bystanders and the Meaning of "וְלֹא יִהְיֶה אָסוֹן"
Exegetical Approaches
Woman or Fetus
The Torah contrasts a case in which accidental hitting of a pregnant woman does not lead to either her or her child suffering an "אָסוֹן", with a case in which it does.
Sources:Karaites, Cassuto, Modern scholars
"וְיָצְאוּ יְלָדֶיהָ" – According to these sources, this phrase refers to a premature birth, but not to a miscarriage.
Definition of "אָסוֹן" – This position could understand the word in one of two ways:
- Death – The above sources all understand the word to refer to death. Thus the Torah teaches that if despite the strike causing an early birth, neither the mother nor her child died, the perpetrator pays a monetary fine. If though, either mother or child dies, he pays a "soul for a soul". According to this read, it is not clear why the Torah then continues with a list of penalties for other bodily injuries (an "eye for an eye" etc) that are unrelated to the case at hand.
- Injury – Alternatively, it is possible that the word simple refers to an injury and the Torah is contrasting a case in which neither mother nor child suffered any physical harm with a case in which any injury, from loss of a tooth to death, occurred. According tot his read, the Torah's list of penalties for assorted possible injuries flows naturally.
