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Deuteronomy chapter 19, I'll
pick up reading in verse 1, read to the end of the chapter, and
God willing, we'll get to all of this chapter this evening.
If not, we'll perhaps roll over the last portion into Sunday
night. But just beginning in chapter
19 at verse 1, when the Lord your God has cut off the nations
whose land the Lord your God is giving you, and you dispossess
them and dwell in their cities and in their houses, you shall
separate three cities for yourself in the midst of your land, which
the Lord your God is giving you to possess. You shall prepare
roads for yourself. and divide into three parts the
territory of your land, which the Lord your God is giving you
to inherit, that any manslayer may flee there. And this is the
case of the manslayer who flees there, that he may live. Whoever
kills his neighbor unintentionally, not having hated him in the past,
as when a man goes to the woods with his neighbor to cut timber,
and his hand swings a stroke with the axe to cut down the
tree, and the head slips from the handle and strikes his neighbor
so that he dies, he shall flee to one of these cities and live.
Lest the avenger of blood, while his anger is hot, pursue the
manslayer and overtake him, because the way is long, and kill him,
though he was not deserving of death, since he had not hated
the victim in time past. Therefore, I command you saying,
you shall separate three cities for yourself. Now, if the Lord
your God enlarges your territory as he swore to your fathers and
gives you the land which he promised to give to your fathers, and
if you keep all these commandments and do them, which I command
you today, to love the Lord your God and to walk always in his
ways, then you shall add three more cities for yourself besides
these three, lest innocent blood be shed in the midst of your
land, which the Lord your God is giving you as an inheritance,
and thus guilt of bloodshed be upon you. But if anyone hates
his neighbor, lies in wait for him, rises against him and strikes
him mortally so that he dies, and he flees to one of these
cities, then the elders of his city shall send and bring him
from there and deliver him over to the hand of the avenger of
blood that he may die. Your eyes shall not pity him,
but you shall put away the guilt of innocent blood from Israel
that it may go well with you. You shall not remove your neighbor's
landmark, which the men of old have set, in your inheritance,
which you will inherit in the land that the Lord your God is
giving you to possess. One witness shall not rise against
a man concerning any iniquity or any sin that he commits. By
the mouth of two or three witnesses, the matter shall be established.
If a false witness rises against any man to testify against him
of wrongdoing, then both men in the controversy shall stand
before the Lord, before the priests and the judges who serve in those
days. And the judges shall make careful
inquiry. And indeed, if the witness is
a false witness who has testified falsely against his brother,
then you shall do to him as he thought to have done to his brother.
So you shall put away the evil from among you. and those who
remain shall hear and fear, and hereafter they shall not again
commit such evil among you. Your eyes shall not pity, life
shall be for life, eye for eye, tooth for tooth, hand for hand,
foot for foot. Amen. So we're still dealing
with the bulk of the exposition of the law as the people of Israel
are going into the land of Canaan What we are finding here beginning
in chapter, at the end of chapter 5 we have the Ten Commandments.
And then from 6 on to the end of 26, we see that law expounded. We see application made, how
they are to put it into practice when they get into the promised
land. And we are dealing here specifically
with judicial matters, with civil and criminal matters, as is obvious
in the reading of the text. We see laws referring to the
cities of refuge, though that particular language isn't employed
here. What the concept is, this is
repeated in Numbers 35, so the cities of refuge, and then there
is this statement concerning property boundaries in verse
14, and then the law concerning witnesses in verses 15 to 21.
Klein says, the theme of judicial justice is continued with stipulations
calculated to secure a fair trial and a true verdict. That's what
they're after here. The truth of God, the truth of
His word undergirds all of this. The Ninth Commandment is certainly
vividly applied here, the sixth commandment when it comes to
life and the threat against life, all those sorts of things come
into play. Another man, Christopher Wright,
says, Yahweh, by his character as well as his action, demanded
commitment to social and judicial justice among the people who
claimed his name. He says, the most essential components
of that justice were the impartiality of judges and the integrity of
witnesses. Hence, the presence of the Ninth
Commandment in the Decalogue, and hence, this direct and uncompromising
attack upon perjury, speaking to the latter part of this particular
chapter. and we'll see that, God willing,
tonight when we get there. But it's a very powerful section
of Scripture dealing with these particular issues. So let's look
first at the cities of refuge in verses 1 to 13. Again, we are reminded of God's
grace in verse 1. We see that as a recurring theme.
We see Moses never allowing the children of Israel to forget
the reality that their reception of the land was by grace alone. when the Lord your God has cut
off the nations whose land the Lord your God is giving you and
you dispossess them and dwell in their cities and in their
houses. So God is going to cut off the nations, He is giving
them the land, they will dispossess the land and they will dwell
in the land. Again a constant reminder of the context of God's
grace. They go into this land by grace. They enjoy the favor of God by
grace and then they as a response are to flesh out, they are to
live in light of God's holy word, in light of God's holy law. Now notice this command in verses
2 and 3. They are to separate three cities. Now in this instance they're
dealing with cities on the western side of Jordan. Back in Deuteronomy
chapter 4, they had already apportioned three cities on the eastern side
of the Jordan for those tribes. Remember, they first go to the
eastern portion of Jordan. The three tribes remain there. they're poised to go over into
the promised land, which would be the western side. So in the
eastern tribes, they had Bezer in the wilderness on the plateau
for the Reubenites, Ramoth and Gilead for the Gadites, and Golan
and Bashan for the Manassites. That's Deuteronomy 4, 41 to 43.
So the eastern tribes already had their three cities of refuge.
You see, God puts into place these particular things, realizing
that when people commune together, they need law, they need structure,
they need order, they need discipline, they need cities of refuge for
things like homicide, accidental homicide. It's a terrible thing,
but sometimes terrible things happen. And so God regulates
in a very specific manner. Now the three cities west of
the Jordan are ultimately designated in Joshua chapter 20 verses 1
to 9. It would be Kedesh in the north,
Shechem in the mountains of Ephraim, and Kirjath Arba or Hebron in
the South. And so what we have in these
particular cities is a place of asylum, a place where a person
who is not guilty of the crime of murder can flee and find refuge. In the original legislation in
Exodus 21, verses 12 to 14, it indicated that the place of asylum
was the altar. It was the altar. That was where
the man went if he had engaged in manslaughter he was not guilty
of the crime of murder, he would go there. But remember that with
expansion, with life in the land, there would be decentralization.
In other words, you couldn't do everything at the central
altar because people lived a long way away. Remember when it came
to slaughtering animals. If you slaughtered animals prior
to life in Canaan, it was always in concert with the tabernacle. It was always near the tabernacle. But in Deuteronomy 12, we see
decentralization. In other words, when we sacrifice
or slaughter animals connected with sacrifice, that's to be
done at the altar. But if we are slaughtering animals
for our own use, we don't have to go to the place where the
central altar is. We may do that at whatever place
we're in. The same idea, the same concept
is true here. We have decentralization. We
have these three cities located, north, middle, and south, so
that they can then serve as a place for asylum for the one who has
engaged in accidental homicide, who's committed manslaughter.
That's the whole point in view. Now, the connection to the life
of the high priest, in other words, the man that seeks asylum,
he is to remain there until the death of the high priest, which
seems to indicate that these cities of refuge are extensions
of that altered concept. They're still connected with
the cult, still connected with the high priest. So the rest
of the legislation speaks to that particular issue. In Numbers
35, 28, as long as the high priest was alive, the man remained in
that city of refuge. When the high priest died, he
was allowed to leave the city of refuge and return to his own
tribal inheritance. So the idea here, separate these
three cities. Notice establish access routes
in chapter, or in verse 3a. It says you shall prepare roads
for yourself. Now that's not just a general
have roads because it makes life helpful. The idea is, is make
these cities of refuge accessible. It shouldn't be the case that
an innocent man is put to death. You see, the chapter tells us
it is absolutely crucial that a man who commits murder ought
to be executed. But it's equally crucial that
a man who hasn't committed murder shouldn't be executed. That's
blood guiltiness as well. When an innocent man is executed
for a crime that he did not commit, the same land is polluted with
the same sort of blood as the land is when a guilty murderer
is not executed. So the idea, the legislation
is tasked with and charged with protecting the innocent, punishing
the guilty to be sure. Both things are equally important. You know, when we look at the
Old Testament legislation, it's not just about the guilty getting
their comeuppance or the guilty getting their just desserts.
It's also that the innocent enjoy the protection of God's law.
That the innocent enjoy safety and are not put to death for
crimes that they did not commit. So separate three cities, establish
access routes, provide access to the cities for the persons
in need. Don't make it a game. Don't make
it that the guy has to run the entirety of Israel to try and
make it. This isn't, you know, the Hunger
Games. This isn't some sort of an idea
where the government likes to control people. No, you make
these cities accessible so in the event of an accidental homicide
they have recourse and redress to go and pursue legal action. And allow refuge for the manslayer. At the end of verse 3, you shall
prepare roads for yourself and divide into three parts the territory
of your land which the Lord your God is giving you to inherit
that any manslayer may flee there. Now the primary reason, or at
least the initial reason, why the manslayer would go to these
cities of refuge was for legal trial. It was for procedural
emphasis. Numbers 35 verse 12, they shall
be cities of refuge for you from the avenger that the manslayer
may not die until he stands before the congregation in judgment.
Everybody gets a fair shake. Everybody gets to be heard. You
get a recourse to a righteous trial that is properly manned
by legitimate priests and judges and it is conducted on the up
and up. So the manslayer is able to go
to that city of refuge and the initial thing is that he is able
to stand trial so that they can then determine if he is an innocent
manslaughterer. I know it sounds bad when you
hear manslayer. The last thing you think is innocence. But the difference between manslaughter
and murder is clearly delineated in the passage. So don't let
manslayer prejudice you against this particular fellow. Again,
he's swinging his axe, and it slips off, and it hits his buddy
in the head. He's not a murderer. He slayed
a man. That's a bad thing. Or he slaughtered
a man. That's not the greatest of things. But it was an accident.
He's not culpable. He is not guilty of the crime
of murder and thereby deserves death. So you see, these cities
of refuge are places, are put up by God for legal trial, legal
proceeding, judicial proceeding, so that the innocent may indeed
be protected. It is a wonderful and a blessed
thing, and while we in our civilized society may sort of scoff at
the idea of a city of refuge, at least They were attempting
to deal with the situation of not putting innocent men to death
or putting them into prison with no chance for parole whatsoever.
They had a system in place that was designed and designated so
that people could get justice. Now, having said all that, as
we work our way through the chapter, whenever sinners are involved,
it's never foolproof. There's always loopholes. There's
always issues. There's always difficulties.
But the structure is put into place to try and reduce and try
and limit the amount of abuse that would go on in the society
itself. So it is a good thing calculated
for, yes, the punishment of evildoers, but as well the non-punishment
of the judicially innocent with reference to the crime of murder. The book of Joshua also indicates
that there was a bit of a preliminary trial. When the man went to the
gates of the city of refuge, at that time he laid out the
specifics, and then they allowed him access to the city. Or, I
think that's what we find in verse 12, but the elders of his
city shall send and bring him from there. So there's even a
preliminary trial, a preliminary hearing before he, you know,
goes and lives within the city of refuge. So it's quite a blessed
system, quite a wonderful thing to protect the innocent people
there in Israel. Now notice the rules regarding
the manslayer. How does a man gain access to
these cities of refuge? Again, the general principle
is in Exodus 21 12 to 14. In fact, we could just read that
just so you can see it there. Again, what we find in the Deuteronomy
legislation is more amplification, not a change in revelation, not
a change in law, but how we apply that law within the land of Canaan
when there is not this tabernacle that we're all sort of living
right next to. But when there are cities, when
there are communities, when there is more geography at our disposal,
how do we function? Exodus 21, 12, he who strikes
a man so that he dies shall surely be put to death. 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. There's that
whole idea. Asylum. But if a man acts with premeditation
against his neighbor to kill him by treachery, now notice,
you shall take him from my altar. There's that indicator that the
altar was the place of asylum. Take him from there that he may
die. More in depth and more in detail
concerning the cities of refuge is in Numbers 35, 9 to 34. You
can even look there for a moment. Numbers 35, 9 to 34. We won't
read that whole section, but if you notice specifically in
verses 16 to 21, the Deuteronomy legislation uses one illustration. It uses the illustration of the
man cutting wood and the axe head slips off and finds its
way into his neighbor's melon, and thus bringing him to death.
Here, there's a lot of different sort of scenarios. Again, not
a contradiction. Deuteronomy is not taking up
all of the particulars. It's giving an illustration of
the point. but for more detail here in Numbers 35, verse 16.
If he strikes him with an iron implement so that he dies, he
is a murderer. The murderer shall surely be
put to death. And if he strikes him with a stone in the hand
by which one could die, and he does die, he is a murderer. The
murderer shall surely be put to death. Or if he strikes him
with a wooden hand weapon by which one could die, and he does
die, he is a murderer. The murderer shall surely be
put to death. You see all these different instances, but then
in verse 22 if he pushes him suddenly without enmity or throws
anything at him without lying in wait or uses a stone by which
a man could die throwing it at him without seeing him so that
he dies while he was not his enemy or seeking his harm. So
you see there's an obvious difference between these two scenarios.
A man who accidentally throws a rock and it kills someone is
not a murderer. There has to be these vital elements
involved to establish the crime of murder. We go back to Deuteronomy
chapter 19 and that's what we see here, the rule in verses
4 and 5. This is the case of the manslayer
who flees there that he may live. Whoever kills his neighbor unintentionally,
that is requisite, that is absolutely crucial for the crime of murder.
There has to be intent. If the man does not have intent,
he is not a murderer." Again, not justifying, not saying it's
no less of a death, but he isn't guilty of the crime of murder.
That's what's in view here. So he kills his neighbor unintentionally,
not having hated him in time past. I think the NIV has malice
aforethought, is that? Yeah, malice of forethought.
That is a component necessary to establish guilt for murder. There has to be malice of forethought. You have to premeditate it. You
have to plan it. You have to concoct it. You swinging
your axe at wood and the head slips off. That wasn't malice
of forethought. That wasn't a premeditated act.
Now, if you rigged your axe so that it would fly off and you
positioned it to fly off into your neighbor's head, That's
malice of forethought. You see, that's what the court,
that's what the elders would hear and seek to determine. It is a wonderful thing, judicial
procedure. So there's no intent, there's
no malice of forethought, it was an accidental homicide. And that's the specific example
in verse 5. As when a man goes to the woods
with his neighbor to cut timber, and his hand swings a stroke
with the axe to cut down the tree, and the head slips from
the handle and strikes his neighbor so that he dies. That's an accident. That's the reality. That sometimes
happens. Now, just think about a modern
application of this. If somebody, God forbid, runs
over your child, as much as we might want that person to die
or to be executed by the government, If they did not intend to run
your child over, they're not murderers and they shouldn't
be treated that way. Now, if there's recklessness
or drugs or alcohol or, you know, other things involved, who knows
what sort of a case can be prosecuted. But a man who accidentally hit
somebody, and if it were you, if you ran over a child and it
was an accident, You want the provision of the law to cover
you so that you're not executed. You didn't mean, you didn't intend,
you didn't have malice aforethought, you didn't know that kid was
going to run out there and you were going to gun him down with
your car. There are accidents that happen
in this world and we need to understand that. That's what
the cities of refuge were for, was accidental homicide. Now
notice the response at the end of verse 5, he shall flee to
one of these cities and live." We've already seen the primary
element, the primary first step was this trial, was this judicial
procedure where they would weigh the evidence, they would listen
to witnesses and determine whether or not this man had in fact done
so accidentally or if he had intent and malice aforethought.
Now the avenger of blood Some cool words here. I mean, you
know, what do you want to be when you grow up? I want to be
the Avenger of Blood. I mean, that sounds like a pretty
awesome job title, doesn't it? Notice, lest the Avenger of Blood,
while his anger is hot, pursue the manslayer and overtake him,
because the way is long, and kill him. So the idea here is
that Avenger of Blood was a kinsman, a family member, who had the
duty of protecting or redeeming a member of the family or clan
who was in difficulty or debt. Now, it's interesting. This city
of refuge existed, the trial existed, lest the avenger of
blood kill him when he didn't have criminal intent, when he
didn't have malice aforethought. These cities of refuge existed
in such a way as to put the brakes on everybody involved in the
situation. Because when something happens,
what's the immediate response? Let's get justice. Well, wait
a minute. Maybe the guy isn't guilty of
the crime. Maybe he really didn't mean to do it. You know, we really
need to back it down a few notches, let our heads settle, and think
biblically about these particular issues. So that's why these cities
of refuge were set up. Last, the avenger of blood, while
his anger is hot, pursue the manslayer and overtake him, because
the way is long, and kill him, though he was not deserving of
death, since he had not hated the victim in time past. The
cities of refuge served as a check upon the avenger of blood so
that he couldn't just kill the guy. You ran over my kid, you're
dead. No, that brings the guilt of
bloodshed upon the land just like letting a murderer go free
as well. You see, and verses 6 and 10
also indicate this whole idea, I'm sorry, verses 6 and 12, 6,
10, and 12 indicate that the avenger of blood was submissive
to the judicial structure. In other words, the Avenger of
Blood didn't operate autonomously. He wasn't riding his black horse
with his cape flowing, and he just went out and kicked rear.
No, he was subject to the same rules that applied with reference
to these cities of refuge. Notice the idea. The man goes
out into the woods. The axe slips off, or the head
slips off. He flees to one of the cities
and lives, lest the avenger of blood, while his anger is hot.
Pursue the manslayer and overtake him, because the way is long,
and kill him, though he was not deserving of death." You see,
if the avenger of blood doesn't operate according to the rule
of law, then he can be guilty of bringing guilt upon the nation
of Israel. You see, go on in Numbers 35,
we'll do that later, but in Numbers 35 it says that if the land is
polluted with blood, That is a horrible and abominable thing. In other words, God says you
can't take ransom for a murderer. You must execute a murderer. There's a lot of crimes in the
scripture that financial remuneration or retribution is fitting. But
for the crime of murder, if you let the murderer live, you pollute
the land with blood. Well, conversely, if the avenger
of blood kills an innocent man, a man who has not engaged in
the crime of murder, that's what verse 10 says. Lest innocent
blood be shed in the midst of your land, which the Lord your
God is giving you as an inheritance, and thus guilt of bloodshed be
upon you. It is designed to protect the
judicially innocent. That is as important in a civilized
society as the punishment of evildoers. And that's what we
need to appreciate about God's law. It is beautiful and balanced. Yes, punish the guilty, but yes,
protect the innocent. That is crucial in this whole
manner. So the manslayer was not to be
punished for murder because he was not deserving of it. He hadn't
hated the victim in time past. Verses 8 and 9 speak to the reality
that if God blesses, if they obey, and they enlarge their
territory, add three more cities. Right? Isn't that beautiful? Now, nowhere in the history of
Israel do they ever add three more cities. I think what we
must appreciate here is that they never obeyed the Lord. They saw some expansion under
Solomon's reign, but never to the point where they needed to
add three to the already extent six cities. Remember, you had
six on the eastern side. You have three on the eastern
side, three on the western side. If they enlarge their territory,
they obey the Lord. They're enjoying blessing. Add
three more cities. Why? Because as you have more
people living together, the eventuality is that more axe heads slip off
handles and hit people in the head. you need a system and a
structure that is established to deal with the population.
God is wise. God is telling that. If the Lord
your God enlarges your territory as He swore to your fathers and
gives you the land which He promised to give to your fathers, and
if you keep all these commandments and do them, which I command
you today, to love the Lord your God and to walk always in His
ways, then you shall add three more cities for yourself besides
these three. And then here's the specific
purpose. Lest innocent blood be shed in the midst of your
land, which the Lord your God is giving you as an inheritance,
and thus guilt of bloodshed be upon you. Right? So not only
does undealt with murder bring guilt upon a society, But so
does a government that punishes people that are actually innocent. God doesn't say, well, you know,
that's OK. At least you're punishing. No. Justice matters for our God. He actually cares not only about
the destruction of the judicially guilty, but he also cares for
the protection of the judicially innocent. So that is specifically
the rules regarding the manslayer. Now notice the exception to the
rule in verses 11 to 13. There's an exception. It's murder. A murderer doesn't
get to go to the city of refuge. A murderer doesn't get to appeal
to this protection. Notice verse 11. If anyone hates
his neighbor, Here's that idea of malice. Here's that idea of a motive, of a despising his
neighbor. He lies in wait for him. He rises against him and strikes
him mortally so that he dies. Those components are crucial
to establish guilt in a murder trial. You know, sometimes you
watch the news and you say, how in the world did they not get
that guy? Well, there could be a whole
lot of reasons, but it could be that some of these vital components
are absent. I mean, if you cannot demonstrate
beyond a reasonable doubt that these things are present, you
know, again, imagine if you're the guy they're trying on the
bench there. You want them to prove it beyond
reasonable doubt. He hates his neighbor, he lies
in wait, he rises against him and he strikes him mortally so
that he dies. Now notice, at the end of verse
11, and the murderer flees to one of these cities, then the
elders of his city shall extradite him." That's what they'll do.
Okay? Guy murders in our city and he
flees. He goes to the city of refuge. They preliminarily hear him. However, the elders of his originating
city gets wind of it. They say, send him back. Now, I doubt he's sent back on
his own accord. I'm sure he's under lock and
chain or however they did it in those days with maybe a spear
or however it was necessary. But notice, then the elders extradite
him. The elders of his city shall
send and bring him from there and deliver him over to the hand
of the avenger of blood that he may die. Now again, involved
in this is judicial procedure. The elders don't just have an
idea. They don't just don't like this guy. What we have to assume
is that all of the other rules that have been enacted, all of
the other rules that apply, are put into practice here. If there
is a judicial trial to determine whether the manslayer is guilty
or innocent, we must conclude that there is a trial to determine
whether the murderer is guilty or innocent. And so that's what
happens. The murderer runs to the city
of refuge. It is known by the elders of
the city. They say, bring him back here.
And then they deliver him over to the hand of the Avenger of
Blood. Again, note the procedure. note the process, the elders
are involved with the judicial proceedings, they are the ones
who hand him over to the avenger of blood, and here's the specific
reason, here's what you do with a murderer, that he may die. And then notice verse 13, your
eye shall not pity him, but you shall put away the guilt of innocent
blood from Israel, that it may go well with you. So you see
the two problems the section addresses. The two problems are
simply this, that the Avenger of Blood does not put to death
an innocent man, but as well that the Avenger of Blood does
put to death a guilty man. God is concerned with both of
those elements, both of those aspects are crucial to Him. Again, just go back for a moment
to Numbers 35, the end of the section there. Numbers 35-29,
and these things shall be a statute of judgment to you throughout
your generations and all your dwellings. Whoever kills a person,
the murderer shall be put to death on the testimony of witnesses.
But one witness is not sufficient testimony against a person for
the death penalty. Moreover, you shall take no ransom
for the life of a murderer who is guilty of death, but he shall
surely be put to death. You shall take no ransom for
him who has fled to his city of refuge, that he may return
to dwell in the land before the death of the priest. So you shall
not pollute the land where you are, for blood defiles the land,
and no atonement can be made for the land, for the blood that
is shed on it, except by the blood of him who shed it. Therefore,
do not defile the land which you inhabit in the midst of which
I dwell, for I, the Lord, dwell among the children of Israel."
So you see, God says, punish offenders, protect the innocent,
and that's how you're supposed to conduct yourself when you
get into the land. Unfortunately, they didn't always
do this. Often wondered, what about a
society that revels in blood guiltiness? revels in it, like
abortion and euthanasia and no death penalty. You see, I marvel
when Christians say, no death penalty. The Bible mandates it
for murder. It's inescapable. The fact that
we are not executing murderers is only polluting the land with
blood. As far as I can tell, there's
no ransom to be taken for the murderer. It's a terrible, terrible
situation that we live in. Okay, notice the property boundaries,
verse 14. This seems a bit... Kind of an interesting flow there
as far as I can tell. We move from the cities of refuge
to you shall not remove your neighbor's landmark which the
men of old have set in your inheritance which you will inherit in the
land that the Lord your God is giving you to possess. As I was
sort of thinking about this I thought well they're talking about land,
they're talking about apportioning cities for cities of refuge. This land that they used for
the cities of refuge was the land that was given not by tribal
inheritance, but remember the Levites did inherit cities. The
Levites had cities where they could do some basic farming.
to supply for their needs in conjunction with temple sacrifices
and all that sort of thing. So the cities of refuge would
be taken or would be utilized from the Levitical cities. So
I got to thinking, well, maybe somebody might want to move that
property marker a little bit and increase or decrease the
city of refuge. You know, not that big of a deal
anyway. They're all, you know, just accidental homicide people
living there anyhow. They don't need any comfort.
I'll just sort of extend mine. You know, I thought that might
be a legit connection. Other men, other commentators
suggested that it had to do with tampering with evidence. tampering
with evidence via moving somebody's property marker. I mean, that's
legit. Klein said it. I think Alan Harmon
said it in his commentary. And yeah, that might speak to
the issue as well. And then one other view was the
idea that the importance of land in order to sustain life. So
not, you know, not only are we dealing with manslaughter and
murder, we're also dealing with property infringement. We think,
well, you know, if I take something from somebody, that's just the
way it goes or, you know, we shouldn't be so bent out of shape. I mean, redistribution of the
wealth, everybody deserves their fair share. Well, when we mess
with somebody's property, we are messing with their ability
to live. So it might find its place there.
We've got homicide, we've got murder, and we've got this whole
idea of moving our neighbor's landmark and thus decreasing
his value, decreasing his property. and increasing hours, which is
obviously a type of theft. But when we mess with somebody's
land, we're messing with their ability to sustain life. So that might be something of
the connection. It's repeated in Deuteronomy
27, 17. It's mentioned in Job 24, Proverbs 22, Proverbs 23,
and Hosea chapter 5. Obviously, 1 Kings 21 is a wretched, wretched
application by Ahab of this particular principle. He annexed Naboth's vineyard
or Naboth's field so that he could grow his vegetables. It
was a terrible, terrible breach of this particular command. So
that's probably one of those three things or perhaps a shade
of a You know, each one of them is why it finds itself smack
dab in the middle of murder, manslaughter, murder, and then
the laws concerning witnesses. Now notice, the laws concerning
witnesses, verses 15 to 21. First of all, the rule is established
negatively. Verse 15, one witness shall not
rise against a man concerning any iniquity or any sin that
he commits. Now we just read in Numbers 35.
Hopefully you saw that. You can't convict of a capital
crime on the basis of one witness. That says that in Deuteronomy
17.6 as well. You need two or three witnesses
for a capital crime. The fact that the words sin and
iniquity are used here probably means that we're not dealing
with a specific application with reference to a capital offense.
but rather we're dealing with a general principle of judicial
proceeding. We're dealing with a general
principle of judicial life. We're dealing with a general
principle with reference to witnesses to any sort of a crime, to any
sort of an iniquity, to any sort of a sin that would necessitate
involvement from some other authority. So negatively, one witness shall
not rise against a man concerning any iniquity or any sin that
he commits. The principle here is absolutely
crucial. One witness isn't legit. We need two or three witnesses. What happens? It becomes my word
against this person's word. When we come to the courtroom,
what we need is two or three witnesses. Now, as we move through
the passage, we'll see that just because there is only one witness,
that doesn't mean there isn't a crime. And it doesn't mean
we don't pursue help and assistance, but it does mean it's a lot more
difficult. It's a lot more difficult when
you're dealing with one witness. We'll see that in just a moment.
But just the basic rule established. Negatively, one witness shall
not rise against a man concerning any iniquity or any sin that
he commits. Positively, by the mouth of two
or three witnesses, the matter shall be established. Wright
says, the purpose of the plurality of witnesses is clearly the protection
of the accused, especially the protection of the weaker individual
from the vindictiveness of a more powerful opponent. Obviously,
this precaution could be flouted, as Naboff discovered, but it
provided at least some safeguard. Again, we are sinners. There's
a million ways that we can finagle out of clear commands. There's
a billion ways that we can sin against God's holy law. But what
is being established here is the structure and the system
to try and provide a safeguard against abuse with reference
to these sorts of matters. So that's the rule established. Now notice the violation of the
rule, the false witness. Verse 16, if a false witness
rises against any man to testify against him of wrongdoing, then
both men in the controversies controversy shall stand before
the Lord." Okay, so ideally you want two or three witnesses,
right? But it may be the case that you don't have that. Does
that mean there's no crime? No. It just means it's more difficult. What if I'm the first witness
to report a crime, thinking there will be others? And there are
no others. And I'm the lone witness. They
say, well, they're the only witness, so forget it. That crime never
happened. No, of course the crime happened.
We need to prosecute it. We need to deal with it. It just
puts it into a category that's far more difficult. You see,
it's a lot easier and a lot more helpful if two or three people
say, yeah, I saw him point that gun at person B and shoot him
point blank five times in the head. Now, if only one person
saw him do that, it doesn't mean it didn't happen. It just makes
it a little more difficult to try and prove the particular
crime. So is everybody with me? The general principle, one witness
shall not rise against a man concerning any iniquity or any
sin that he commits. By the mouth of two or three
witnesses, the matter shall be established. We need to build
in a safeguard. There's a situation if a false
witness rises against any man to testify against him of wrongdoing.
Again, Craigie says, in legal process, the absence of witnesses
or the existence of a single witness did not mean that no
crime had been committed. But I love what he says here.
But it made it exceptionally difficult to secure a conviction. If you only have the one witness,
doesn't mean there's no crime, it just means it's going to be
that much more difficult to try and prosecute this. Now note
the procedure, verse 17. Then both men, here it is, you
don't have the two or three witnesses at this point, you've got both
men. You've got one man who's alleged that another man is guilty
of a particular crime. Then both men in the controversy
shall stand before the Lord, the blessing of living in a theocracy. The blessing of living in a theocracy. Be nice if everybody just always
told the truth, the whole truth, and nothing but the truth, but
unfortunately they don't always do that. Well, here in Israel,
again, they still didn't always do that, but they had a place
wherein they could take the difficult cases. Everybody remember that?
Remember way back in Deuteronomy 17? Remember you had the lower
courts in the cities? And then you have the higher
court or that central tribunal that was manned by the priests
and the judges and it was done before the Lord. Well, here's
an instance of a difficult case. Here's an instance of a tough
one. Here's an instance where a man has alleged another man
has committed a crime. There's not two or three witnesses,
so we need to bring them to the central tribunal, we need to
bring them before the Lord, and then the priests and the judges
will do their job. Verse 18, the judges shall make
careful inquiry. And indeed, if, well we'll get
to that in just a moment, but notice again the procedure, the
fleshing out of this principle. You've got this higher court,
you've got this central tribunal, you've got whatever you want
to call it, it is local, it is near the temple tabernacle, it
is near the central altar, it is staffed by men in the know,
It's a tough case. It's a hard case. It's a difficult
case because of the absence of the two or three witnesses. So
they bring these men. They make careful inquiry. They search it out. They investigate. They listen to witnesses. They
listen to testimony. They check facts. They check
data. They go through the procedure.
Now notice what happens. And indeed, if the witness is
a false witness who has testified falsely against his brother,
then you shall do to him as he thought to have done to his brother,
so you shall put away the evil from among you. The penalty that
the defendant would have received will be inflicted upon the false
witness. That's huge. And it's a safeguard. It's a protection. It hopefully
will cause me, as a man in Israel, to say, I want to bring this
man down, but I know that if I don't have two or three witnesses,
I am going to stand before the Lord. Judges and priests are
going to listen to our testimony. They could believe me. They could
rule in my favor and my neighbor will get what I think he deserves.
But if they don't believe me and I'm found to be a false witness,
they are going to do to me what I had hoped would be done to
him. I don't think I'm going to risk that. It's a beautiful
system. It is a safeguard. Again, not
foolproof in a world filled with sinners, but nevertheless it
is a helpful thing. Christopher Wright again says,
this text has a simple but effective deterrent to perjury. Anyone
proved to have lied in court is to suffer whatever penalty
would have been inflicted on the accused if the false accusation
had been successful. If the case is capital, then
the risk to a malicious witness was very great indeed. Now, notice
something else. I didn't see this in the commentaries,
so I'm just offering this as a suggestion. I don't always
like to sort of proffer my ideas, because unless I see it in one
of the boys that I trust, I don't usually go public. But for your
consideration, it is specified in the laws concerning capital
punishment that there must be two or three witnesses, right?
We saw that. Numbers 35, Deuteronomy 17, 6.
If I'm a false witness, and I am found out as a false witness,
there's not two or three witnesses. So for perjury, God really gets
upset. Can we make that conclusion there? unless the judges and the priests
somehow function then as witnesses to sort of satisfy the requirement
that no one's put to death except on the basis of two or three
witnesses. But generally speaking, the judges handing down a sentence
aren't considered the witnesses. It is me and the guy. And if I allege that this guy
committed murder and I am a false witness and they determine that
to be the case, I am executed without the two or three witnesses
at that point. God does not take perjury lightly. If we come out of this chapter
with anything, let us have a fresh appreciation for that ninth word
in the Decalogue. You shall not bear false witness
against your neighbor. So if the man is indeed a false
witness who has testified falsely against his brother, then you
shall do to him as he thought to have done to his brother,
so you shall put away the evil from among you. Notice the great
deterrent effect here in verse 20, and those who remain shall
hear and fear, and hereafter they shall not again commit such
evil among you. There is deterrent effect in
the Bible or in biblical law when it is rightly applied. If
it is applied consistently, then those who hear and fear, hereafter
they shall not again commit such evil among you. If you knew and
you had heard that somebody had been executed because they were
afraid, false witness, man, I hope that you would think twice about
going and breaking the ninth commandment. What underscores
this whole process is the lex talionis, the law of retribution,
your eyes shall not pity, life shall be for life, eye for eye,
tooth for tooth, hand for hand, foot for foot. If I'm coming
in before these judges and priests and I hope that my neighbor ends
up dead then it's only fit and right and the punishment fits
the crime that I should lose my life if I'm a false witness
and I have made this up and I have tried to get my neighbor put
to death. Your eyes shall not pity. Do
not pity the false witness. Life shall be for life, eye for
eye, tooth for tooth, hand for hand, foot for foot. So the first
section deals with the guilt of bloodshed. Bloodshed, two
types. The innocent victim of a deliberate
murder who goes unpunished. That is blood guiltiness. But as well, the innocent person
who accidentally caused death and is then punished capitally.
That's blood, or that's guilt as well. We cannot have either.
We must punish the, not we, us in the church, in terms of civil
crime, but we as societies must punish evildoers, but we must
protect the innocent as well. Property, don't move your neighbor's
landmark. you know, build your fence on
his property, respect your neighbor's stuff, and then this law concerning
witnesses. Not one, you want two or three. If there is the case where you
have one man against another, his word against your word, In
this particular scenario, you could go to the central court,
the central tribunal before the Lord, give the evidence, they
would then make the pronouncement. If you were found to be a false
witness, you would be punished with whatever it was the defendant
himself would have been punished if found guilty. So hopefully
we appreciate the balance, the justice, and the rightness of
this portion of God's holy law. Let us pray and then we'll...
have discussion. Father, we thank You for Your
Word and we thank You for its clarity, we thank You for its
beauty, we thank You for its power. And we just pray, God
in heaven, that You would continue to show us these things and continue
to show us and impress upon our hearts the necessity of truth
and the necessity of right witness and the necessity of protecting
the judicially innocent and punishing those who are guilty. God, all
these things that our modern society seems to be so bad at,
we just pray, God in heaven, that your people would think
clearly, your people would be prayerful, that we would elect
leaders and we would vote for people that make good decisions,
sound decisions, people that think righteousness and justice
actually matter. God, it's grieving to consider
how few in your church even take seriously these portions of the
Scripture. We just pray that that would
not be the case with us. Help us to be students of your
Word, and we pray in Jesus' name, Amen.