Biblical and Contemporary Views on Capital Punishment. Nelson Chamberlin
”The least I can do is to honor their lives!”
Scripture Involved
Biblical Views on Capital Punishment
The Scriptures Involved
The teaching of the Old Testament (in contrast to the New Testament) is so explicit that there is no room for question as to the directives to be followed when the capital offender has been apprehended. Capital punishment is advocated again and again throughout the pages of this historic Holy Writ.
In this chapter those passages of Scripture which deal most vitally with this subject will be considered first and then there will follow a consideration of those passages which might seem to counteract the apparent and predominant teaching of the Old Testament. When the apparent difficulties have been resolved, a similar study of the New Testament will be made considering both sides of the question in the next chapter. It should be noted that there are not two or more divergent teachings in the Scripture concerning capital punishment. Rather the Scriptures are in agreement in both the Old and the New Testaments.
In the Biblical account of the first murder (Genesis 4:8-15), we discover the first decree by God of capital punishment. Cain had slain his brother Abel in a fit of jealousy aroused when Abel’s sacrifice was accepted by God and Cain’s sacrifice was rejected. God mercifully chose to spare the murderer from capital punishment, but a severe penalty was given him. He was cursed from the earth from which his brother’s blood cried unto God (Genesis 4:10-12) and he was made to be a fugitive and a wanderer (Genesis 4:14).
Cain readily recognized the human tendency toward vengeance and pleaded that his punishment was more than he could bear. He confided to God his fear that whoever might find him would surely slay him.
It was precisely at this point in that first murder narrative that God instituted the first Biblical decree of capital punishment, and a severe decree it was! The Lord replied to Cain, “Not so! If any one kills Cain, he will suffer vengeance seven times over.” (Genesis 4:15)
God used the threat of capital punishment to spare the life of the first murderer, and this threat extended not only to the would-be avenger himself, but presumably to the next six of his kin.
Capital punishment is the most feared of all punishments. Nothing else quite strikes terror into the heart of man as does the certainty of death as a punishment.
This awesome incident sets the precedent for that which follows many times over in the pages of the Old Testament. This principle of capital punishment was reiterated to Noah after the great flood when the ark had settled, and the survivors were commanded to populate the earth once more.
“And for your life-blood I will surely demand an accounting. I will demand an accounting from every animal. And from each man, too, I will demand an accounting for the life of his fellow man. Whoever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man.” (Exodus 20:12)
Again in the days of Moses God restated his divine intention: “Anyone who strikes a man and kills him shall surely be put to death.” (Exodus 12:29)
The controversial lex talionis of Exodus 21:23,24 is also the expressed will of God communicated to Moses, namely that a life should be given for a life.
God himself is represented numerous times as executing capital punishment upon certain people (although such instances do not technically apply under the terms “capital punishment” as used in this book). Moses wrote “At midnight the Lord struck down all the first-born in Egypt.” (Exodus 12:29)
And again, “Do not take advantage of a widow or an orphan. If you do and they cry out to me, I will certainly hear their cry. My anger will be aroused, and I will kill you with the sword; your wives will become widows and your children fatherless.” (Exodus 22:22-24)
From these and many other instances, the Scripture is clear that it is not below the dignity nor the morality of God to execute capital punishment in his own way.
Capital Crimes The crime of murder is the first in a long list of capital crimes in the Old Testament. Some offenses appear to be of a less serious nature in the mind of modern man, but this fact not withstanding, these too were considered deserving the supreme penalty. These crimes were:
Cursing parents.
“If anyone curses his father or mother, he must be put to death.” (Leviticus 20:9)
Adultery. ”If a man commits adultery with another man’s wife — with the wife of his neighbor — both the adulterer and the adulteress must be put to death.” (Leviticus 29:10)
Incest. “If a man sleeps with his father’s wife, he has dishonored his father. Both the man and the woman must be put to death; their blood will be on their own heads.” (Leviticus 20:11)
“If a man sleeps with his daughter-in-law, both of them must be put to death. What they have done is a perversion; their blood will be on their own heads.” (Leviticus 20:12)
“If a man marries both a woman and her mother, it is wicked. Both he and they must be burned in the fire, so that no wickedness will be among you.” (Leviticus 20:14)
Other incestuous relations, such as between brother and sister, nephew and aunt, brother-in-law and sister-in-law (Leviticus 20:17,19-21) call for the offenders to be cut off from among their people, but there is room here for question as to whether or not this refers to capital punishment or social ostracism and rejection.
Homosexuality. “If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their own heads.” (Leviticus 20:13)
Bestiality. “If a man has sexual relations with an animal, he must be put to death, and you must kill the animal.” (Leviticus 20:15,16)
Rape. “But if out in the country a man happens to meet a girl pledged to be married and rapes her, only the man who has done this shall die.” (Deuteronomy 22:15)
Prostitution. “If a priest’s daughter defiles herself by becoming a prostitute, she disgraces her father; she must be burned in the fire.” (Leviticus 21:9)
Idolatry. “Whoever sacrifices to any god other than the Lord must be destroyed.” (Exodus 22:20)
Striking a father or mother. “Anyone who attacks his father or his mother must be put to death.” (Exodus 21:15)
Kidnapping or man-stealing. “Anyone who kidnaps another and either sells him or still has him when he is caught must be put to death.” (Exodus 21:16)
Cursing a father or a mother. “Any one who curses his father or his mother shall be put to death.” (Exodus 21:17)
Cursing God or blaspheming his name. “Anyone who curses his God, he will be held responsible; anyone who blasphemes the name of the Lord must be put to death.” (Leviticus 24:14,16)
Knowingly possessing a fatally goring ox. “If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or a woman, the bull must be stoned and the owner also must be put to death.” (Exodus 21:29)
Vengeful fatal beating of a thief. “If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed; but if it happens after sunrise, he is guilty of bloodshed.” (Exodus 22:2,3)
Sorcery. “Do not allow a sorceress to live.” (Exodus 22:18)
Oppression of widows or orphans. “Do not take advantage of a widow or an orphan. If you do and they cry out to me, I will certainly hear their cry. My anger will be aroused, and I will kill you with the sword; your wives will become widows and your children fatherless.” (Exodus 22:22-24)
Human sacrifice. “Say to the Israelites: ‘Any Israelite or any alien living in Israel who gives any of his children to Molech must be put to death.’” (Leviticus 20:2)
Disobedience