and there be no death" — in the woman

Mekhilta DeRabbi Yishmael Mekhilta Tractate Nezikin 8:11

Curated by The Jewish Mythology Team · Published January 11, 2025

"and there be no death": in the woman. "then he shall be punished": for the fetuses (i.e., payment for the fetuses shall be exacted of him.) You say this, but perhaps (the meaning is that there be no) death in the fetuses, then he shall be punished for the woman? It is, therefore, written (Ibid. 23) "And if there be death, then you shall give a life for a life" (which, perforce, refers to the life of the woman)—But perhaps (the meaning is) if there be no death either in the woman or in the fetuses, (then he must pay; but if there is death in either, he is put to death and there is no payment.)—But if you say this, he (the father) must pay the midwife (for delivery of the fetuses). (How, then, is "he shall be punished" to be understood?) How, then, must the verse be understood? "and there be no death"—in the woman; "then he shall be punished"—for the fetuses.

Themes

Death Women of the Bible Punishment

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