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The Bible And Capital Punishment
Modern Controversies #2
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;
deviant sex, 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.
By David Smitherman
From Expository Files 3.2; February 1996
