A friend who taught a survey course on the Bible at a community college mentioned that the students were surprised at “how bloody” the Old Testament is. In addition to Israel’s frequent wars, the death penalty was apparently required for several crimes. Hostile critics of faith see this as incredibly barbaric, while enthusiasts for capital punishment see it as a divine mandate. Both fail to read the Bible historically. A historical reading would reveal several facts:
1) Capital punishment was widespread in the ancient world for a variety of crimes including religious offenses and insults to kings and governments. It was a bloody, cruel world. When all the facts are considered, the laws in the Old Testament represent a great restraint on death and cruelty. Death, for example, is never the penalty for property crimes or insulting a king; as it was in other nations. Bodily mutilations are common penalties in the laws of Hammurabi but (with one rare exception) are not prescribed in the Torah.
2) The rhetoric of the Middle East is considerably more uninhibited than that used by English speaking politicians. For example, when David heard of a man who murdered his neighbor’s pet lamb, he cried out, “The man deserves to die!” Then he adds the strangely anticlimactic “moreover, he shall repay fourfold.” David could not literally execute the man; the law only provided for a monetary fine–but he could express his outrage in angry rhetoric. Our national leaders might express outrage at an NFL football player arranging dogfights, but they wouldn’t say, “he deserves to die.” That kind of language is reserved for talk radio.
3) In many of the passages that say someone guilty of a sin, such as blasphemy, “shall surely die,” God is the presumed enforcer of the law. In other words, the commandment is a warning, “God will get you.” If blasphemers do not in fact drop dead, it is to be taken as a sign of God’s mercy, not a call for human intervention. Joe Sprinkle has shown that such commandments are a vivid way of teaching morality, appropriate to the ancient culture of the Bible. (see here)
4) In other cases, such as negligent homicide, a ransom was allowed in lieu of death.
5) In ancient Israel, capital punishment for murder was administered by the next of kin of the victim. The case was tried before a court. If the accused was found guilty, he was turned over to the “avenger of blood,” i.e., the next of kin who had the social obligation to kill the murderer.
6) The testimony of two eyewitnesses was required before any capital sentence was given.
7) In historic Judaism, the courts were extremely reluctant to order execution. The Talmud declares a Sanhedrin that hands down a verdict of death once in seventy years is a bloody court.
If we understand capital punishment in the Torah historically, two conclusions become clear. First, from a redemptive movement perspective, there is clearly a move away from automatic instantaneous retaliatory violence. Compared to neighboring civilizations, the number of cases in which capital punishment was applied was clearly restricted. Further, precautions were taken to assure that the penalty was not applied to an innocent person.
The second conclusion that becomes clear is that the law of capital punishment places a high value on human life. Because a human life is valuable, because human beings are created in the image of God, nothing can substitute in value for a human life. As a moral principle, “a life for a life” is still valid.
In applying capital punishment today, we still need to be guided by two facts.
First, Christ taught us to seek reconciliation rather than vengeance. He himself paid the debt that murderers and all sinners owed. He offered his life in exchange for the guilt of the world. The early Christians in the first three centuries were opposed to capital punishment.
Second, we do need to remember practical factors. Our legal system is imperfect, and the state cannot give back a life wrongly taken. The fact that several death-row inmates have been exonerated by DNA evidence should be a sober reminder. The fact that capital punishments places us in league with “Axis of Evil” nations like North Korea and Iran, should also be a sober warning.
Giving the state the power of life and death is giving it too much power.
Opinion polls show that American citizens deeply distrust the officials they have elected. Why would we grant these same politicians the power to take life?
Filed under: Capital Punishment, critical thinking, Historical Interpretation, questions, Torah | 7 Comments »