Site icon Mark Tabata

Capital Punishment?

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It is written:

Genesis 9:6-Whoever sheds man’s blood, By man his blood shall be shed; For in the image of God He made man.

Recently, a couple of different people have asked me what the Bible teaches on the subject of capital punishment. There are many different thoughts and topics regarding this particular issue, many of which I will not address here. However, one thing that the Bible teaches clearly is that God has given the right of capital punishment to the state. Indeed, this is something which has been taught clearly throughout Scripture throughout the Patriarchial, Mosaic, and Christian dispensations of time. Notice several Scriptures which document this:

Exodus 21:12-14-He who strikes a man so that he dies shall surely be put to death. 13  However, if he did not lie in wait, but God delivered him into his hand, then I will appoint for you a place where he may flee. 14  “But if a man acts with premeditation against his neighbor, to kill him by treachery, you shall take him from My altar, that he may die.

This passage demonstrates a difference between premeditated murder and accidental taking of life (which we may call manslaughter). It is important to realize that God takes various circumstances into account regarding the taking of life. As another example, the death of a criminal who is killed in the process of committing a crime may not necessarily be considered murder:

Exodus 22:2-3-If the thief is found breaking in, and he is struck so that he dies, there shall be no guilt for his bloodshed. 3  If the sun has risen on him, there shall be guilt for his bloodshed. He should make full restitution; if he has nothing, then he shall be sold for his theft.

One of the questions that people often raise deals with the subject of the Ten Commandments. How can God say “you shall not kill” (Exodus 20:13, KJV), and then have laws regulating humans killing humans? Actually, this demonstrates a weakness in translation. The phrase “you shall not kill” (Exodus 20:13, KJV) is better translated, “You shall not murder” (Exodus 20:13, NKJV). As Geisler and Howe point out:

“EXODUS 20:13 How could God command people not to kill, and then, in Exodus 21:12 , command that murderers be put to death? PROBLEM: In the Ten Commandments, God prohibits killing when He says, “Thou shalt not kill” ( KJV ). However, in Exodus 21:12 God commands that the man who strikes another man so that he dies should be put to death. Isn’t it a contradiction for God to command that we not kill and then command that we do kill? SOLUTION: A great amount of confusion has arisen because of the misleading translation of the sixth commandment. The Hebrew word used in the prohibition of this commandment is not the normal word for killing ( harag ). Rather it is the specific term for murder ( ratsach ). A more proper translation of the command is provided by the NKJV and NIV : “You shall not murder.” Exodus 21:12 is not a command to murder, but a command to carry out capital punishment for capital crime. There is no contradiction between the command for men not to commit murder, and the command that the proper authorities should execute capital punishment for capital crimes.” (Norman Geisler & Thomas Howe, When Critics Ask: A Popular Handbook on Bible Difficulties, 1157-1163 (Kindle Edition): Wheaton, IL: Victor Books)

Part of the authority that God invested to the state was the power to enforce capital punishment. This was true during the Patriarchal Age and the Mosaic Age.

But what about during the Christian Age?

Discussing the power that God bestows upon civil government, the inspired Apostle Paul wrote:

Romans 13:4-For he is God’s minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God’s minister, an avenger to execute wrath on him who practices evil.

Writing of the wording of this passage, McGuiggan notes:

“He beareth not the sword in vain: for he is a minister of God… Vincent views the bearing of the sword as a euphemism for the right of capital punishment. “Borne as the symbol of the magistrate’s right to inflict capital punishment. Thus Ulpian: ‘they who rule whole provinces have the right of the sword (jus gladii).’ “ Robertson quotes Vincent with approval saying: “The, emperor Trajan presented to a provincial governor on starting for his province, a dagger, with the words, ‘For me, if I deserve it, in me.’ “ Jesus told Pilate when Pilate claimed the power to crucify him that he had been given that power from his Father (John 19: 10–11). Note it doesn’t say: “For he is a minister of God and an avenger for wrath” but “For he is a minister of God, an avenger for wrath..” The phrase “an avenger for wrath” is an explanation of “he is a minister of God.” Now the government of any country has more than one reason to exist. They build roads, schools, medical services and on and on. Paul has in mind the orderly running of society as opposed to anarchy. “Him that doeth evil” is clearly the lawbreaker rather than, say, the immoral man (as if lawbreaking weren’t immoral.” (Jim McGuiggan, Romans, 6866-6876 (Kindle Edition): Lubbock, Texas: Sunset Institute Press)

There can be no doubt that God has given this authority to the state. It is also important to see why Paul is writing this to the Romans. Back in chapter 12, he had exhorted the Christians not to give in to personal vengeance and retaliation against wrongs committed against them. He then goes on to explain that one of the good purposes God has for government and law enforcement is for the punishment of evildoers. Cottrell has this good note for us:

“C. What is the God-appointed MEANS by which government achieves its purpose? HOW does it uphold justice for law-abiding citizens? By the strict and fair punishment of wrongdoers. 1. This is stressed in vv. 3-4. See references to “fear,” “be afraid,” “bear the sword,” “avenger,” and “wrath.” (See also 1 Peter 2: 14.) These are key concepts in the rule of law. Remember: LAW consists not only of commands to be obeyed, but also of penalties to be applied. 2. The word for “sword” (machaira) is used of all sorts of cutting instruments: knives, daggers, swords. In Scripture it is a symbol of violence and death, and was implemented in cases of capital punishment (Acts 12: 2; Romans 8: 35; Hebrews 11: 34, 37). a. “There can be no doubt that Paul is here sanctioning capital punishment as a legitimate instrument of the state” (JC, Romans Commentary, 365). Contrary to those who oppose it, capital punishment is the very opposite of murder. (1) Murder (Exo. 20: 13) is the illegitimate killing of an innocent person. (2) Capital punishment is the legitimate killing of a guilty person. b. “To ‘wear the sword’ meant to possess the right and the power to coerce obedience to law via threat of punishment, and to punish lawbreakers even unto death” (ibid.). 3. Note that the threat of punishment is designed to invoke fear as a motive for law-keeping. Swift and fair punishment can and should be applied as a deterrent and because it is deserved. See Ecclesiastes 8: 11. D. Government as such, and individuals involved therein, are described as SERVANTS or MINISTERS of God. Note again: servants OF GOD. 1. The Greek words are diakonos (v. 4, twice), and leitourgos (v. 6). Both words can be translated as “servant” or as “minister.” 2. Remember the two sides of God’s nature: (a) kindness and (b) severity (Romans 11: 22), also called love (including grace and mercy) and holiness (including wrath). This is the foundation for the “two kingdoms” concept, i.e., the distinction between church and government. a. The CHURCH represents God’s kind and loving side to the world. b. GOVERNMENT represents His stern and wrathful side to the world. E. Why should lawbreakers be punished? It is the very nature of law, which can be summed up as: “Keep the commandments, escape the penalty. Break the commandments, suffer the penalty.” 1. Lawbreakers should be punished because retributive justice (God’s wrath toward the guilty) demands it: they DESERVE it. Such punishment is God’s own vengeance. 2. Lawbreakers should be punished because protective justice (God’s goodness toward the innocent) requires it. F. This explains why God prevents individuals from applying their own revenge toward those who have injured them in some way (Romans 12: 17-21). It shows that God is not ignoring injustices, but has designed a better way of dealing with them. This is the earthly fulfillment of 12: 19, “Never take your own revenge, beloved, but leave room for the wrath of God, for it is written, “VENGEANCE IS MINE, I WILL REPAY,” says the Lord.”” (Jack Cottrell, Studies in Romans – Part 2: 26 Lessons for Personal or Group Study, 190-191 (Kindle Edition): Mason, OH: Christian Restoration Association)

It is certainly true that throughout time, there have been ungodly regimes and rulers who misuse judiciary power. Paul was well aware of this. When he wrote these words in Romans 13, he was discussing how government has been given the power of capital punishment to use in the enforcement of godly laws. The Apostle is writing about the good and ideal ministration of government. Godly laws and rulers should be honored: wicked laws and rulers should be opposed (nonviolently-see Matthew 5:44-45).

With these things in mind, it is clear that God has extended the right of capital punishment to the state. If it is argued that there are cases where capital punishment has been used and it was discovered later that a person who was punished had actually been innocent, then it is agreed this is a tragedy and should be rectified as far as possible. Nevertheless, the misuse and/or abuse of a good thing does not diminish the inherent goodness of that thing. It may be argued that capital punishment-when used properly-is a good thing. It is a limited method to keep evil in check; it’s administration can bring some closure to victims; the fear of such may serve as a deterrent against evil; and the imminence of such judgment may lead the wicked to repent before he meets God.

The grace of the Lord Jesus Christ, and the love of God, and the communion of the Holy Spirit, be with you all. Amen.

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