The Death of the Unborn and Biblical Penology: Why “Life for Life” Applies in Principle

 by Rev. William M. Brennan, TH.D.

Introduction

A central question in biblical ethics is whether Scripture treats unborn life as fully human life under God’s justice. If the unborn child is truly a human person, then the destruction of that life cannot be treated as a mere inconvenience or private loss, but must be evaluated under the Bible’s highest moral categories. Scripture consistently teaches that human beings bear God’s image, that innocent bloodshed is a profound evil, and that civil justice exists to uphold the sanctity of human life. When these principles are brought together, a coherent biblical-penological argument emerges: if the unborn is fully human, then the intentional killing of the unborn falls under the same “life for life” moral logic Scripture applies to intentional homicide.

This essay argues that (1) Scripture recognizes the unborn as truly human, (2) Scripture distinguishes accidental from intentional killing, and (3) Scripture assigns “life for life” as the fitting judicial response to deliberate, unjust killing of a human being. Taken together, these principles establish that, within the Bible’s own categories, the deliberate destruction of unborn life would be treated as a capital offense in principle.

1. The unborn as a human life under biblical moral concern

The Bible does not treat personhood as something earned after birth, nor does it ground human dignity in development, independence, or social recognition. Instead, it presents human worth as rooted in God’s creative act and purpose.

This is seen throughout Scripture’s way of speaking about life in the womb. The unborn are not described as “potential people” but as real subjects of God’s knowledge, calling, and care. The biblical worldview treats the womb as a place where human life truly exists and where God is already at work in forming persons. Thus, unborn life falls under the category of human life that matters morally, not simply biologically.

This framework is essential: if the unborn is within the moral category of “human being,” then what is done to the unborn cannot be treated as morally trivial.

2. Exodus 21:22–25: injury to the unborn and “life for life”

Exodus 21:22–25 is a key legal text because it places pregnancy outcomes inside the court’s concern and assigns penalties based on harm.

The case describes men fighting who strike a pregnant woman so that “her children come out.” The law then divides outcomes:

• If the children come out but no harm follows, a fine is imposed under judicial oversight.

• If harm follows, the legal principle becomes lex talionis: “life for life, eye for eye…”

The critical point is that this is not merely a fine-for-loss framework. When harm is present, the text moves immediately into the Bible’s highest judicial language: the proportional justice of life and limb.

Within biblical penology, “life for life” is the category used when a human life has been wrongfully taken. Exodus 21 does not treat pregnancy loss as automatically outside that category; rather, it introduces a scenario where a pregnancy crisis can trigger the law’s strongest justice principle. That strongly supports the conclusion that the unborn child is regarded as the kind of being who can suffer legally cognizable harm—up to and including death—and that such harm invokes proportionate justice.

In other words, Exodus 21 places the unborn within the realm of persons protected by the same judicial logic used to protect any human life.

3. Genesis 9:5–6: the image of God and the principle of capital accountability

Genesis 9:5–6 provides the foundational rationale for biblical penology concerning homicide:

“Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image.”

This passage grounds the seriousness of murder in the doctrine of the imago Dei: human beings uniquely bear God’s image. For that reason, the unjust shedding of human blood requires an equally weighty judicial response. The principle is straightforward:

• Murder violates the image of God in the victim.

• Therefore justice requires the life of the offender in response.

This is not presented as emotional revenge but as moral accounting. The penalty corresponds to the value of what was destroyed. Since the victim’s life was image-bearing life, the punishment is proportionate: “by man shall his blood be shed.”

The relevance to unborn life is clear in principle: if the unborn is truly human—an image-bearing human life—then the deliberate destruction of that life is the deliberate shedding of human blood, the category Genesis 9 places under the ultimate judicial sanction.

4. Numbers 35: the Bible’s sharpest legal logic on intentional killing

Numbers 35 offers some of the most explicit penal instruction in Scripture on homicide. It distinguishes accidental killing from intentional killing and repeatedly affirms that the murderer “shall be put to death.” It also forbids commutation:

“You shall accept no ransom for the life of a murderer… he shall be put to death.”

This is central to biblical penology: some crimes are so severe that they cannot be made right with compensation. The life taken cannot be bought back. The law treats intentional homicide as a unique offense that threatens the moral fabric of the community.

Numbers 35 also describes bloodshed as defiling the land and insists that justice must address it rather than ignore it. Thus, the penalty is not a private vendetta but a public moral act intended to uphold the sanctity of life and restrain further violence.

Applied as a principle, the logic would be: if intentional killing of a human life is what triggers this sanction, and if unborn life is human life, then intentional killing of unborn life falls under the same moral classification.

5. Intent and culpability: why deliberate killing is treated more severely than accidental harm

Biblical law does not treat all killing as morally identical. It recognizes categories such as:

• accidental death without malice,

• negligent harm,

• deliberate murder with intent and cunning.

Exodus 21 itself distinguishes between a killing that occurs without intention and one that is carried out intentionally: the former may involve refuge or lesser penalties; the latter requires death even if the offender seeks sanctuary.

This distinction is important because it means the Bible treats intentionality not as a minor detail but as a core moral difference. The more deliberate the act, the greater the culpability.

Therefore, when reasoning within biblical penology, an act that is intentional and aimed at the death of a human being is categorized in the same moral space as murder, not accident.

6. Lex talionis and the moral shape of justice

“Eye for eye” is often misunderstood as primitive vengeance, but in Scripture it functions as a restraint and a measure:

• punishment must match harm,

• justice must not be arbitrary,

• the poor and weak must not be discounted,

• the powerful must not escape accountability.

Because the loss of life is the greatest harm, the logic of lex talionis culminates in “life for life.” It represents the principle that the law exists to treat human life as morally sacred and not negotiable.

If the unborn is fully human, then the law’s “life for life” structure becomes morally relevant whenever unborn life is unjustly taken.

7. The synthesized conclusion inside the biblical system

When the biblical principles are assembled, the argument forms a consistent chain:

1. Human life bears God’s image and therefore has inviolable moral value (Genesis 9:6).

2. The unborn is treated in Scripture as real human life, not as a non-personal object.

3. Exodus 21:22–25 places pregnancy harm within judicial concern and applies “life for life” when harm rises to the level of fatality.

4. Biblical law treats deliberate killing as uniquely severe, distinguishing it from accident and negligence (Exodus 21; Numbers 35).

5. Therefore, within the Bible’s own categories, the deliberate killing of unborn human life falls under the same moral classification as intentional homicide and thus under the “life for life” principle of biblical penology.

This does not depend on later philosophy, medical knowledge, or social convention. It is an argument from the Bible’s own view of life, justice, and moral accountability.

Conclusion

Biblical penology is built on the sanctity of human life as image-bearing life. Exodus 21:22–25 is significant because it brings unborn life into the legal sphere of harm and justice and employs the strongest judicial principle—“life for life”—in a pregnancy-related case. Genesis 9:5–6 establishes that the shedding of human blood requires capital accountability because the victim bears God’s image, and Numbers 35 clarifies that intentional homicide is a crime that cannot be settled through compensation but demands the highest sanction.

If the unborn is fully human, then the deliberate destruction of unborn life necessarily falls within the Bible’s category of unjust bloodshed and therefore within the moral logic of “life for life.” Within the biblical system itself, this conclusion is not an emotional leap but an application of the Bible’s consistent justice principles to the status of the unborn as fully human persons.