“If men fight and they strike a pregnant woman and her children are miscarried, but there is no fatality, he shall be fined; as the husband of the woman shall impose upon him, he shall give in court” (Exodus 21:22). “But if there will be a fatality, you shall give a life for a life” (Exodus 21:23). Come and see how much the Holy One blessed be He commanded in this portion regarding each and every matter, as it is stated: “If men fight and they strike a pregnant woman” (Exodus 21:22).
If she dies, “you shall give a life for a life” (Exodus 21:23), but if she does not die, he is punished with a monetary payment. Until this point, he has not seen the light, but rather, is in his mother’s womb, as the Torah cautions Israel regarding each and every matter.23If the woman miscarries, since the fetus had not been born there is no death penalty for the attacker, but nonetheless the Torah provides a punishment.
This is analogous to a prince whose father cautioned him not to collide with anything and get injured, as he is so dear to him, the apple of his eye. So too, the Holy One blessed be He cautioned Israel regarding the mitzvot. Why? Because they are more dear to Him than the angels, as it is stated: “You are children to the Lord your God” (Deuteronomy 14:1).
Likewise, David said: “Lord our God, You answered them. You were a forgiving God to them, but You took vengeance for their misdeeds [alilotam]” (Psalms 99:8).24Because You elevated them due to Your love for them, you punish them even for harming fetuses [olalim] in their mothers’ wombs.