@ThinkOfOne
Well let's look at the verse, shall we?
Exodus 21:22
If men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.
So we see two men "striving", then a woman accidentally gets harmed with a subsequent miscarriage. This is not murder, this is what is known to day as involuntary manslaughter.
Moreover, now let's look at the NIV translation
22 “If people are fighting and hit a pregnant woman and she gives birth prematurely[e] but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows. 23 But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
So the verse says that the woman gives birth prematurely, and then adds, "but no one is hurt"?
It seems to me that the child lives, not dies.
I even took the liberty of looking at the Hebrew terms for miscarriage. There are two Hebrew terms for it, which are shakal and nafal, but either are used here. Instead, the term "vi yatzu yiladeha" is used. Shakal is used 4 times in the OT, in Genesis 31:38, Job 3:16, Ecclesaisties 6:3-4, and Psalms 58:9. This term means miscarriage in each case. Nafal is used 3 times in Exodus 23:26, Hosea 9:14, and Job 21:10, and it also means miscarriage in each case, or to abort. Why then does this passage give a whole other new word for "miscarriage"?
Now getting back to the verse. If the verse means miscarraiage, then it would read like this. "If there is a miscarriage and harm ensues...." it could only mean the Torah does not consider the premature death or injury of the children as "harm". but when the words are literally translated as "her children leave her" - meaning the pregnant woman's children have been expelled from the womb- the words, "If there is harm" apply to the chidren or to the mother or to both.
It therefore seems clear that what the verse is saying is that if the mother gives birth and there is no harm to either her or the child, the husband goes to court, which fines the man who induced premature birth. But if the death results from the premature birth to the woman or child, then it would be an eye for an eye.