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The RSV is one translation that supports the pro-choice conclusion. It says,

When men strive together, and hurt a woman with child, so that there is a miscarriage, and yet no harm follows, the one who hurt her shall be fined, according as the woman's husband shall lay upon him; and he shall pay as the judges determine. If any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.

The RSV assumes that a "miscarriage" happens, and the foetus is born dead. This implies that the loss of the unborn is no "harm," because it says, "If there is a miscarriage and yet no harm follows . . ." It is possible for the blow to cause a miscarriage and yet not count as "harm" which would have to be recompensed life for life, eye for eye, etc.

This translation seems to put the unborn in the category of a non-person with little value. The fine which must be paid may be for the loss of the child. Money suffices. Whereas if "harm follows" (to the woman!) then more than money must be given. In that case it is life for life, etc.

But is this the right translation? The NIV does not assume that a miscarriage happened. The NIV translates the text like this:

If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. But if there is serious injury, you are to take life for life . . .

What the NIV implies is that the child is born alive and that the penalty of life for life, eye for eye, etc. applies to the child as well as the mother. If injury comes to the child or the mother there will not just be a fine but life for life, eye for eye, etc.

I agree with this translation. Here is my own literal rendering from the original Hebrew:

And when men fight and strike a pregnant woman ('ishah harah) and her children (yeladeyha) go forth (weyatse'u), and there is no injury, he shall surely be fined as the husband of the woman may put upon him; and he shall give by the judges. But if there is injury, you shall give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, stripe for stripe.

The key phrase is "and the children go forth." The RSV (and NASB!) translates this as a miscarriage. The NIV translates it as a premature live birth. In the former case the unborn is not treated with the same rights as the mother, because the miscarriage is not counted as serious loss to be recompensed life for life. In the latter case the unborn is treated the same as the mother because the child is included in the stipulation that if injury comes there shall be life for life. Which of these interpretations is correct?

In favor of the NIV translation are the following arguments:

1. There is a Hebrew verb for miscarry or lose by abortion or be bereaved of the fruit of the womb, namely, shakal. It is used near by in Exodus 23:26, "None shall miscarry (meshakelah) or be barren in your land." But this word is NOT used here in Exodus 21:22-25.

2. Rather the word for birth here is "go forth" (ytsa'). "And if her children go forth . . ." This verb never refers to a miscarriage or abortion. When it refers to a birth it refers to live children "going forth" or "coming out" from the womb. For example, Genesis 25:25, "And the first came out (wyetse') red, all of him like a hairy robe; and they called his name Esau." (See also v. 26 and Genesis 38:28-30.)

So the word for miscarry is not used but a word is used that elsewhere does not mean miscarry but ordinary live birth.