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1996-01-26
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Special Topic Section
{Theme - THE BIBLE
BELIEVER & MODERN
CONTROVERSY}
The Bible And Capital Punishment
David Smitherman
From time to time, the execution of a convicted killer touches
off a flurry of protests, editorials in various print media, and
TV and radio talk shows in which the pros and cons (mostly the
"cons") of capital punishment are discussed. The message that
usually comes from these sources is clear: capital punishment is
a barbaric, discriminatory and ineffective method of punishment
that needs to be eliminated. Even the Bible is sometimes
appealed to in an effort to dissuade the minds of many regarding
the state's right to take human life.
It is unfortunate that many who look to God as their ultimate
authority in life and to the Bible as the authoritative
expression of His will often allow such persuasive speech (Col.
2:4) to shape their attitudes and conclusions on this highly
emotional subject. Intimidation seems to have more impact on
some than inspiration. Thus this article will limit itself to a
study of various texts from divine revelation with the hope and
prayer that men and women who claim their first allegiance is to
God will allow heavenly wisdom, rather than earthly, to
determine their convictions on this subject. When this is done
it should not be difficult to conclude that God's will is now
and always has been that those who wantonly take the life of
another human being deserve to have their life taken from them
by the state.
Genesis 9:5-6---Instructions To Noah
In this first clear reference to "capital punishment" a number
of things seem obvious.
1. There is something special about "man" as opposed to "beasts"
and this is the basis for all injunctions in these two verses:
"For in the image of God He made man" (NASV) .
2. Because of his unique standing in creation, whoever takes
man's life is to forfeit theirs.
3. This forfeiture of life is not something that God merely
suggests---he requires it. Three times in vs. 5 it is said God
"will demand an accounting" (NIV) for "the lifeblood" of men
whether the life is taken by an animal or another man and the
word "shall" in vs. 6 confirms the imperative nature of the
language.
That this is a command God intended to be carried out forever
seems clear not just by the language in these two verses but
also by subsequent statements in both the Old and New Covenants.
4. Human agency is that through which God works in carrying out
this requirement: "also from man, that is from one another, will
I demand the soul of man" (Leupold's translation). The
particular human agency God had in mind will become clear as we
look at the biblical texts dealing with this subject.
That this statement to Noah was not something limited to the era
immediately after the flood is evident when we consider the
following:
The Law Of Moses---God's Will During The Mosaical Period
All during the time the law of Moses was in affect, it can be
seen that God intended for the principles of Gen. 9:5-6 to be
carried out. Two things seem obvious from a perusal of this law.
1. There was then (as there is now) a difference between
"murder" and "killing". "Thou shalt not kill" (Ex. 20:13) is
really "thou shalt not murder." To use the sixth commandment as
a prohibition against the taking of human life under whatever
circumstances is an egregious misuse of that divine precept.
That this is so is apparent when one considers a second point.
2. Immediately after giving the "thou shalt not kill" precept,
the following two chapters list at least ten offenses punishable
by death: all forms of murder, 21:12; (Lev. 24:17; Num.
35:16-21); striking, cursing parents, 21:15,17; (Deut.
19:19-21); kidnapping, 21:16; slaying an unborn child, 21:23;
owner of an animal that kills, 21:29; sorcery 22:18; (Lev.
20:27; Deut. 13:1-5); bestiality, 22:19; idolater, 22:20; (Lev.
20:1-5; Deut. 13:6-9; 17:2-7); abducting people for slavery,
21:16; (Deut. 24:7); Sabbath breaking, Ex. 31:14; 35:2; Num.
15:32-36.
3. Additional scriptures give even more reasons for putting one
to death: blasphemy, Lev. 24:14,16, 23; 1 Kings 21:13; adultery,
Lev. 20:10; Deut. 22:22; incest, Lev. 20:11-17; rape, Deut.
22:25; false witnesses, Deut. 19:16-19; homosexuality, Lev.
20:13; false prophets, Deut. 18:20-22; resisting judgment, Deut.
17:8-13; immorality before marriage but detected afterwards,
Deut. 22:13-21; non-Levites coming near or into sacred areas or
duties, Num. 1:51; 3:10,38; 18:7.
God's will under the law of Moses didn't just allow but demanded
the taking of human life. But what about the new covenant; what,
if anything, does Christ say on the subject of the state's right
to execute convicted criminals?
John 19:10-11---Jesus And Capital Punishment
In these verses Pilate made two explicit affirmations in the
presence of Christ: (a) he had certain power (authority) as a
civil magistrate and (b) this authority included the right to
pass and carry out a death sentence, vs. 10. In vs. 11, Jesus
responded to these statements but didn't indicate that Pilate
was in error in regard to either of them. Instead, He concedes
the accuracy of Pilate's assertions with the significant
observation that this authority was given to him by God. If
Jesus was the social activist that some claim and if capital
punishment was evil, it seems strange that he didn't rebut the
Roman governor's claims. Acknowledging his right to act as an
agent of civil government and carry out a death sentence seems
highly unlikely and inconsistent if the Lord knew this was not
now and had never been His Father's will.
There is one other interesting observation regarding this
incident. Pilate was acting as an agent of a Gentile government
which indicates that what is legislated in the law of Moses was
not peculiar to that era or that group of people but is based
upon some eternal principle applicable to all nations for all
times, just as Gen. 9:5-6 suggests.
Acts 25:11---Paul Before Festus.
Under circumstances similar to those described in Jo. 19:10-11,
Paul stood before the Roman procurator Festus and used his Roman
citizenship to avoid being sent back to Jerusalem to a kangaroo
court. In making his defense the apostle acknowledged (1) the
legitimacy of "Caesar's judgment-seat", i.e., that civil
governments have a rightful function in society, vs. 10, and (2)
that he was not afraid to die if found guilty as charged. In his
use of the phrase "worthy of death" he was in agreement with
what would be stated later by Festus, vs. 25, and the other
government officials, 26:31, when they, too, used this
expression: certain wrong-doers are worthy of having their lives
taken from them and civil governments have the right to
administer such punishment. Why would Paul, who had the "mind of
Christ", 1 Cor. 2:16, speak this way if this form of punishment
didn't have God's sanction? That Paul's convictions regarding
this matter were consistent can be seen in what he said in the
final passages we examine.
Rom. 12:19; Rom. 13:1-7
Rom. 12:19 teaches (1) we are not to avenge or exact justice on
our own but rather (2) "give place", i.e., make room for, God's
wrath. What is meant by "God's wrath" is explained in the next
phrase: "Vengeance belongeth unto me; I will recompense, saith
the Lord." So evil men experience God's wrath as He takes
vengeance on them. But how and when does God do this? Read Rom.
13:1-7.
There are "higher powers" ("Caesar's judgment-seat", Acts 25:10)
that God has "ordained", vs. 1. Those who arrange themselves in
battle (see Vine, p. 958) against their authority are setting
themselves against God and shall receive judgment, vs. 2. But
when and how does this judgment take place? Vss. 3-4 make it
clear: rulers are intended to be a "terror" to evil men and
their deeds, vs. 3, because they are ministers of God. Through
the ministers of civil government God wields the "sword", the
instrument of justice and punishment, and His intention is that
it not be "borne" ("a continual or habitual condition," Vine,
93) "in vain" ("to no purpose", Vine, 1193).
Clearly, the "wrath of God" that we are to "give place to" as He
takes vengeance is that which is administered at human hands in
various forms of civil government as they wield the "sword."
Conclusion
Not only is it clear that the Old Testament sanctioned the death
penalty, it is equally obvious that the punishment was to be
done in order not to pollute the land, Num. 35:31, 33, and done
so swiftly in order to serve as a deterrent: Deut. 19:19-21;
Ecc. 8:11. I'm convinced that the "it's not a deterrent"
argument could never be seriously made in a society where
capital punishment was consistently and swiftly carried out.
Whatever hypothetical or real-life emotional scenarios one might
set forth as an argument against capital punishment, the
Bible-believer is faced with the realization that this is a
practice that had God's approval during every major period of
Bible history. One has to work hard and twist language to make
the verses examined in this study say anything else.
David Smitherman
Smitherman@AOL.COM