Capital Punishment in the Law of God

When we think of a society that operates under the commands of God’s law, several key elements stand out. Perhaps first and foremost is the relationship between individuals and God as well as the covenant people of God as a unified entity (the nation of Israel or the Ekklesia) and the Almighty. When either our individual or corporate behavior violates God’s law action must be taken. 

For corporate disobedience such as when Israel has turned to false gods, the Lord has exiled them to the land of their enemies. For personal transgression, the Lord has given specific punishment that is required. Within the Torah there are six major punishments for transgression of the law, they are:

1. Capital punishment 

2. Monetary reimbursement

3. Cut off from one’s people

4. Bodily mutilation

5. Offering a sacrifice

6. Didactic laws (i.e. laws with no specified punishment)1

Why Capital Punishment is important

Within the U.S. debate rages in each state on whether we should impose the death penalty on anyone. Yet, capital punishment is a central element of God’s law. This is due to the fact that the Torah has no mention nor even eludes to a prison system. Rather, those who commit severe crimes are put to death which takes violent and hardened criminals out of society. Those who commit lesser crimes like theft are required to pay back plus a certain amount depending on the way in which something is stolen. Those who are unable to pay their dept become slaves to the person they owe money to. This is where the death penalty becomes central to God’s economy. If a society attempted to implement God’s law as the governing structure but failed to uphold capital punishment, people would end up having rapists and murderers as slaves.

To better understand why the death penalty is so important, take a look at the crimes that God prescribes the death penalty for then think of how this alone would change our society. 

1. Idolatry: Exodus 22:20; Leviticus 20:1–3; Deuteronomy 17:2–7

2. Witchcraft: Exodus 22:17; Leviticus 20:27

3. Blasphemy: Leviticus 24:10–16

4. Breaking the Sabbath: Exodus 31:14–5; Numbers 15:32–36

5. Cursing or striking one’s parent(s): Exodus 21:15, 17; Leviticus 20:9

6. A child that is out of control: Deuteronomy 21:18–21

7. Murder: Genesis 9:5–6; Exodus 21:12–14; Leviticus 24:17, 21; Numbers 35:16–34; Deuteronomy 19:11–3

8. Adultery: Leviticus 20:10; Deuteronomy 22:22–24

9. Entering a marriage contract under false pretenses: Deuteronomy 22:20–21.

10. Intercourse with close family: (father’s wife, daughter-in-law, or a wife and her mother which is dealt with harsher than simply adultery) Leviticus 20:11,  Leviticus 20:12,  Leviticus 20:14 respectively.

11. Homosexual intercourse: Leviticus 20:13.

12. Bestiality: Exodus 22:19; Leviticus 20:15–16.

13. Kidnapping (stealing a person): Exodus 21:16; Deuteronomy 24:7.

14. Causing the death of another person: Exodus 21:23 (this passage specifically speaks of an unborn child); 21:29.

15. False testimony in court on a death penalty charge: Deuteronomy 19:16–20.

16. Disobeying an official decision of a priest or judge: Deuteronomy 17:8–13.

17. False prophecy: Deuteronomy 18:20–22.

18. Trespass by a non-priest into the sanctuary: Numbers 1:51, 3:10, 18:7.

A Different Kind of Society

We might separate these transgressions into two different categories, those that affect society and the people in it, and those that break relationship with the Almighty. God’s law is set up to help the nation and individuals maintain a right relationship with the Lord. Thus, transgressions that show defiance against the Holy One are met with the same penalty as those that break and tear down society. 

Another element of the death penalty is that it keeps the authority  structure intact that God has set up. For instance, a child that strikes or curses their parents is put to death, as is a child that is out of control and will not obey their parents (much could be written on this specific command, but that will wait for another time). Likewise, a person who does not obey the ruling of a priest or a judge is put to death, thus maintaining the authority structure of society.

This all paves the way for a biblical structure of slavery that can only be maintained in tandem with the full practice of capital punishment. If the death penalty is employed for the crimes listed above, then when a person is awarded a slave due to them not being able to pay a monetary debt, the slave owner knows that they are now “employing” (and it should be viewed as an employee) someone who has a general respect for God, family, and human life. 

A New Court System

As already stated, the Torah has no concept of prison. This has implications for the way the court system works as well. We do not see the notion of a jury which means all evidence is presented to a judge. Thus, withholding evidence from a jury that could say a decision is taken out of the equation. Character and past offenses are part of the process. Beyond this, there doesn’t seem to be any concept of appeal. Once a case is ruled on the punishment is enacted.

This brings up two major points to consider. First, since there is no appeal process and no prison system, there is no death row. Imagine the monetary savings the U.S. would gain without death row or a prison system! The second point to consider is that of those who are falsely accused. One of the reasons the U.S. has such a lengthy appeal process is because we don’t want to put people to death that are innocent of a crime. While this is certainly something that could be considered and debated, the fact remains that in a society where God’s law is the standard and people have a relationship with God, witnesses would be sure to give the most accurate testimony, failure to do so could result in them being sentenced to death as well for false testimony in a capital punishment case. 

Conclusion

It is my belief that no nation will implement the law of God as the standard for their society until our Lord returns and takes His seat on the throne in Jerusalem. Once this takes place His law will go forth to the nations and He will rule the nations according to His Torah. But until that time, we as believers should recognize the necessity of capital punishment within the economy of God’s law. 

This does not mean that we should tell the gay couple down the street that they should be put to death for their actions, or that the man who cheated on his wife that he would be stoned if it were a better world, but rather, that we should attempt to share the Gospel with everyone we are able so that they can find the light of Christ and become citizens of the Kingdom of God. With love we should long for the day that the Torah goes forth from Zion, and until that day we should attempt to help others come to a deep appreciation and love for the law of God. 

Photo by KoolShooters

  1. A seventh could be added if we want to separate times when God states a person’s life will be taken without giving a specific means by which to kill the person. Some have suggested this means God will take the life of the person Himself, while others believe it is up to the judges how they die.

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