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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 and rebellion toward parents. “If a man has a stubborn and rebellious son who does not obey his father and mother and will not listen to them when they discipline him, his father and mother shall take hold of him and bring him to the elders at the gate of his town. They shall say to the elders, “This son of ours is stubborn and rebellious. He will not obey us. He is a profligate and a drunkard.” Then all the men of his town shall stone him to death. You must purge the evil from among you. All Israel will hear of it and be afraid.” (Deuteronomy 17:12

Disobedience to the priests or judges. “The man who shows contempt for the judge or for the priest who stands ministering there to the Lord your God must be put to death. You must purge the evil from Israel. All the people will hear and be afraid, and will not be contemptuous again.” (Deuteronomy 21:18-21)

Sabbath desecration. “For six days, work is to be done but the seventh day shall be your holy day, a Sabbath of rest to the Lord. Whoever does any work on it must be put to death.” (Exodus 35:2,3)

There are many other individual instances and circumstances in which the followers of God were instructed to execute certain of their enemies, but these individual circumstances differ from the stated ordinances given by God for the government of his people. These divine principles are represented in the Old Testament as ordinances, judgments, and statutes of God (Leviticus 18:4,5), and are not to be confused with the mere cogitations of primitive man.

Nor were they decreed blindly or without purpose, for on numerous occasions after the death penalty was decreed by God it was declared, “And all the people shall hear, and fear …”(Deuternomy 17:13)

”So shall you purge the evil from your midst; and all Israel shall hear, and fear.” (Deuternomy 21:21) These verses indicate the twofold purpose of God in decreeing capital punishment: (1) public example as a deterrent, and (2) removal of such evil influence from society as might be harmful to it.

It is argued by some that these were not truly ordinances given by God, but simply ordinances of superstitious, quasi-religious man whose primitive intelligence allowed them to confuse their own thoughts with God’s thoughts. In other words, these ordinances were man-made and the primitive intelligence of these people caused them to think that these ordinances were of divine origin.

This currently popular teaching carries over into the New Testament and allows for error in the thinking of the writers of these books (especially the epistles). Such a view of the Scriptures, however, casts a shadow of incredibility over every page of Holy Writ; practically nullifies the reliability of this time-proven Book; and allows men to choose for themselves which parts they shall accept and which parts they shall reject. Such a view inverts the divine intention that the Bible is the judge of man, so that man becomes the judge of the Bible.

For the purpose of clarification it must be stated that the Scriptures are most safely interpreted when they are allowed to speak for themselves. The passing of twenty centuries should have taught man by now that there is something divine about the Scriptures that cannot be accounted for simply in the human, fallible efforts of errant mortals.

Capital punishment in the Scriptures was God’s means of impressing indelibly on the minds of all men the truth that man is morally and legally responsible for all his deliberate actions. It was for this purpose that these stern decrees were given.

The New Testament has very little to add to the evident teachings of the Old Testament (and contrary to the beliefs of many, it has nothing to take away), for the case has already been established. Three New Testament passages, however, complement the teaching of the Old Testament. In the Gospel of Matthew, Jesus rebuffed Peter’s attempt to assail with a sword a servant of the high priest, warning of the impending fate of such inconsiderate action in stating this principle: “Put your sword back in its place,” Jesus said to him “for all who draw the sword will die by the sword.”

Even more forceful than this is the incident in the Gospel according to Saint John. After Jesus had been scourged by Pilate, he was questioned by the Roman Governor in the Praetorian. When Jesus gave Pontius Pilate no answer to one of his questions, Pilate said to him: “Do you refuse to speak to me? Don’t you realize I have power either to free you or to crucify you?” And Jesus answered him, “You would have no power over me if it were not given to you from above.” (John 19:10,11

In answer to Pilate’s professed authority or power to invoke the use of capital punishment against Jesus, the professed Son of God told him that such power to take human life could not be given unless it was given from above (that is, from God). The fact that Jesus was called upon to suffer capital punishment (crucifixion) was therefore a clear indication that God gave to Pilate such power over Christ. The New Testament represents rulers as God’s appointed authorities on earth through whom the divine will is accomplished in the affairs of men and nations.

The Apostle Paul elaborated on this theme when he wrote to all God’s beloved in Rome. In this letter he spoke of the duties of the Christian in relationship to the state, and particularly he dealt with the thought of the state administering judgment upon evil-doers. He wrote: “Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you. For he is God’s servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God’s servant, an agent of wrath to bring punishment on the wrongdoer. Therefore it is necessary to submit to the authorities, not only because of possible punishment but also because of conscience.” (Romans 13:1-5)

As a general rule, swords were not used in that day for merely slapping people on the hands! They did not bear the sword in vain! This figure of speech indicates clearly that governments in New Testament days were justified by the Scriptures in the use of capital punishment. Governments were and are appointed to be executioners of God’s wrath upon the wrong doers. This is not to suggest that Christ was a wrong doer worthy of the capital punishment inflicted upon him, for in all honesty it must be admitted that certain innocent persons have suffered under every penal system — capital punishment or otherwise. This however does not abrogate the necessity of such punishment as deemed necessary by law, for the human element in the execution of the laws of men and God presupposes the possibility of infrequent error. These exceptions only serve to prove the rule.

Capital Punishments

There is a great variety of modes of capital punishment employed throughout the Bible. Some of these modes of punishment were decreed in ordinances of the Pentateuch while others were instituted outside of this authority. Some of these modes of capital punishment are listed below:

Execution by the sword. “… I will kill you with the sword.” (Exodus 22:24 — See also I Kings 2:25,34,46; Acts 12:2; Romans 13:4.)

Execution by burning. “… Both he and she must be burned in the fire, so that no wickedness will be among you.” (Leviticus 20:14 — See also Leviticus 21:9; Jeremiah 29:22; Ezekiel 23:25; Daniel 3:19-23).

Execution by stoning. “Anyone who blasphemes in the name of the Lord must be put to death. The entire assembly must stone him.” (Leviticus 24:15 — See also Leviticus 20:2,27; Numbers 14:10; 15:33-36; Deuteronomy 13:10; 17:5; 22:21,24; Joshua 7:25; I Kings 21:10: Exekiel 16:40)

Execution by hanging. “But he hanged the chief baker, just as Joseph had said to them in his interpretation.” Genesis 40:22 (See also Joshua 8:29; 10:26; II Samuel 21:9; Ezra 6:11; Esther 7:9,10).

Execution by beheading. “He had John beheaded in prison.” (Genesis 40:22 — See also Mark 6:16,27,28).

Execution by crucifixion. ” When they had crucified him …” (Matthew 27:35 — See also Matthew 27:38; Mark 15:24,27; Luke 23).

It is therefore an established fact that there are at least six modes of execution as a means of capital punishment recorded in the Scriptures, and there are at least twenty crimes listed as deserving of the supreme penalty of the loss of life.