Death Penalty, Part 3
Studies in Leviticus
We launched off from Leviticus chapter 20, where there are several capital crimes in view there, and then have done a bit of a biblical theology of the death penalty. So we looked at, as I said, chapter 20 in the book of Leviticus. It deals with first table offenses, the worship of Molech and the practice of witchcraft, and then second table offenses, the cursing appearance, various forms of sexual transgression, And then it ends again on witchcraft. So all of those were capital offenses. So after looking at Leviticus chapter 20, we did a bit in the Old Testament, Genesis 9. Specifically, whoever sheds man's blood, by man his blood will be shed, for in the image of God he made man. And then we considered the Mosaic or the Old Covenant. with the additional capital crimes, and then the clarification between manslaughter and murder. As far as the New Testament, we consider the crucifixion of Jesus. He didn't boycott the death sentence that he received. He took it according to his humanity, suffered on our behalf for us and for our salvation. We saw that bit in the Apostle Paul in his defense before Festus, In Acts 25 at verse 11, he does not reject or resist death if in fact he is guilty, for if I am an offender or have committed anything deserving of death. So the language suggests more than just the crime of murder, is a capital offense. So he says, if I am an offender or have committed anything deserving of death, I do not object to dying. But if there is nothing in these things of which these men accuse me, no one can deliver me to them. I appeal to Caesar. And then Paul's words in Romans 13, probably one of the strongest New Testament witnesses, the sword given to the magistrate to execute God's wrath and judgment in history. So I'll read beginning in Romans 13 at verse one. Let every soul be subject to the governing authorities, for there is no authority except from God, and the authorities that exist are appointed by God. Therefore, whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves. For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same, 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 and avenger to execute wrath on him who practices evil. Therefore, you must be subject, not only because of wrath, but also for conscience sake. For because of this, you also pay taxes, for they are God's ministers, attending continually to this very thing. Render therefore to all their due, taxes to whom taxes are due, customs to whom customs, fear to whom fear, honor to whom honor. Oh, no one anything except to love one another. for he who loves another has fulfilled the law. For the commandments, you shall not commit adultery, you shall not murder, you shall not steal, you shall not bear false witness, you shall not covet, and if there is any other commandment, are all summed up in this saying. Namely, you shall love your neighbor as yourself. Love does no harm to a neighbor, therefore love is the fulfillment of the law. And do this, knowing the time, that now it is high time to awake out of sleep. For now our salvation is nearer than when we first believed. The night is far spent, the day is at hand. Therefore let us cast off the works of darkness, and let us put on the armor of light. Let us walk properly as in the day, not in revelry and drunkenness, not in lewdness and lust, not in strife and envy, but put on the Lord Jesus Christ and make no provision for the flesh to fulfill its lusts. Amen. So again, verses one to four is central in terms of the death penalty debate. And as far as I'm concerned, what we've seen in scripture, there should be no debate as far as Christians are concerned. It is very clear, it is very obvious, and yet there are those who object, both within the church and outside of the church. So as we look at common objections to the death penalty, we'll first consider the biblical objections, and then secondly, the pragmatic objections. The first of the biblical objections is the mistranslation in Exodus 20, verse 13 in the King James Bible. This is an easy one to dispense with. It says, you shall not kill. Well, remember, when it comes to clarification, the rest of the Old Covenant does demonstrate a difference between manslaughter and murder. So not all killing is murder. And so when we read Genesis 9 at verse 6, or rather when we read Exodus chapter 20 at verse 13, we need to understand that the word kill there has other meanings. There's a broader semantic range. And in fact, Walter Kaiser says, while Hebrew possesses seven words for killing, the word used here appears only 47 times in the Old Testament. If any one of the seven words could signify murder, where factors of premeditation and intentionality are present, this is the verb. So in other words, it's just not the best translation. It's not a wrong translation. Certainly, killing is murder, but not all murder, or all killing, what's the way? All murder is killing, but not all killing is murder. That's what I'm trying to get at here. So the translation is not the best. But again, when we look at the Bible, self-defense, you can kill somebody defending yourself. That's not obviously the first recourse. You use the force necessary to accomplish the task of defense. Secondly, just and necessary war. And then, of course, the death penalty. So it's not a good or logical objection biblically to the death penalty. The second is probably a little bit more difficult to deal with. It's in Matthew chapter 5. Matthew chapter 5, you can turn there, the pacifist reading of Jesus in the Sermon on the Mount, specifically Matthew 5 at verses 38 to 42. I'll read the section and then we'll look at it. Notice, you have heard that it was said, an eye for an eye and a tooth for a tooth. But I tell you not to resist an evil person. But whoever slaps you on your right cheek, turn the other to him also. If anyone wants to sue you and take away your tunic, let him have your cloak also. And whoever compels you to go one mile, go with him too. Give to him who asks you, and from him who wants to borrow from you, do not turn away." So some take this and say, well, there it is. You cannot engage in an eye for an eye Ethic, and Jesus says not to resist an evil person. If somebody slaps you on the face, then turn the other cheek to them and let them slap away. That is the usual interpretation to try and combat the death penalty, or just a necessary war, or even self-defense. It's the pacifist understanding of this particular passage. Now, as we look at this, we need to notice first a contrast. Jesus does this in verse 38, but he doesn't just do it here. Notice back in verse 21. You have heard that it was said to those of old, you shall not murder, and whoever murders will be in danger of the judgment, but I say to you. And then again in verse 27, you have heard that it was said to those of old, you shall not commit adultery, but I say to you. And then in verse 33, again, you have heard that it was said to those of old, you shall not swear falsely, but shall perform your oaths to the Lord, but I say to you. So there's this series of contrasts that Jesus is making in the Sermon on the Mount. And at least at this part of the Sermon on the Mount, the primary emphasis is the Mosaic law or the old covenant law. Look at 517. Do not think that I came to destroy the law or the prophets. I did not come to destroy, but to fulfill. For assuredly I say to you, till heaven and earth pass away, one jot or one tittle will by no means pass from the law till all is fulfilled. Whoever therefore breaks one of the least of these commandments and teaches men so shall be called least in the kingdom of heaven. But whoever does and teaches them, he shall be called great in the kingdom of heaven. For I say to you that unless your righteousness exceeds the righteousness of the scribes and Pharisees, you will by no means enter the kingdom of heaven." So at this point in his ministry, most likely people were saying, what does he think about the law of Moses? What does he do with old covenant law? Well, he's telling us what he does with old covenant law. Do not think that I came to destroy the law or the prophets. I didn't come to destroy, but to fulfill. So when he makes these series of contrasts, some call them antitheses, in the Sermon on the Mount, he's not against Moses. He's not saying Moses said this, but I say this. He is saying what His interpreters have said, concerning Moses, the Pharisees, and the scribes, what they have said is problematic, and what they have said is wrong. It's not Moses giving of the law. It's the misinterpretation that has attached itself to that law. So Jesus is clarifying, and highlighting, and showing, and demonstrating, and confirming his allegiance to that law that was originally given none. Notice, it's not given by Moses, it's mediated through Moses. God gives the law through Moses. So there's this series of contrasts, or these antitheses, and here specifically in verse 38, he says, you have heard that it was said, an eye for an eye and a tooth for a tooth. This is called the Lex Talionis, or the law of retribution. the law of retaliation. It's specified in Exodus 21-24, Leviticus 24-20, and Deuteronomy 19-21. Now people get horrified at the thought of this, but it simply means that the punishment must fit the crime. Eye for eye, tooth for tooth, burn for burn, wound for wound, and life for life. The idea is that the punishment must fit the crime. And then van Drunen makes the observation, far from promoting unbridled vengeance, the lex talionis prohibits excessive retaliation. You can keep your finger there in Matthew 5 and turn for just a moment to Deuteronomy chapter 25. Deuteronomy chapter 25. We need to understand that the Old Covenant law was not barbaric. It wasn't something that was just bloodthirsty. It wasn't just about, let's cause the city streets to flow with blood. No, there was built into Old Covenant law protections and strictures so that punishment was not excessive. And Deuteronomy 25, 1 to 3, is a good example of that. And the specific issue here is corporal punishment. Somebody is going to get a beating for having transgressed in the covenant community. Now, do with that whatever you want, but that was what was happening at this particular time. We can discuss the merits of corporal punishment in society on another day, but notice specifically how this is framed. if there is a dispute between men, and they come to court, that the judges may judge them, and they justify the righteous and condemn the wicked. So there's a proper trial. In other words, there's due process, laws of evidence, cross-examination, all that sort of thing. And they justify the righteous and condemn the wicked. Then it shall be, if the wicked man deserves to be beaten, that the judge will cause him to lie down. So there's proper supervision. It's not, well, take him out and let him have it. No, it's not like that. There's proper supervision. The judge will cause him to lie down and be beaten in his presence according to his guilt. Not to exceed his guilt, not throw in a few extra stripes for good measure, not throw in a few good extra ones because maybe we didn't catch him in doing other things. No, it's according to his guilt with a certain number of blows. Forty blows he may give him, and no more, lest he should exceed this, and beat him with many blows above these. And then notice, even the criminal is an image-bearer of God, and as such is to be treated with dignity. And your brother be humiliated in your sight." It would be humiliation for him to have an excessive beating for a particular crime. He's to be punished according to his guilt. So go back to Matthew chapter 5. Understand that the lex talionis principle is not barbaric. It's not out of line. It's something that civil jurisprudence always operates in light of. The punishment must fit the crime. But that's the point. This is not an instance of civil jurisprudence. This is day-to-day living. This is day-to-day ethics. This is how you engage in interpersonal relationships. Jesus is not dealing with law courts here. Jesus is not dealing with the civil structure in Old Covenant Israel, or what they find themselves in now in the Roman Empire. He says, you have heard that it was said, an eye for an eye and a tooth for a tooth, but I tell you not to resist an evil person. He does not mean that without qualification. He does not mean do not resist an evil person ever, because as we've seen, self-defense is authorized according to Exodus 22, two and three. Jesus invokes the principle by way of an illustration in Luke 12, 39. Again, that's not his point in Luke 12, but the fact that he uses that particular illustration shows that he nods to it and approves of it and understands that it's in play and people understand and get it. As well, it cannot mean do not resist an evil person with reference to the ecclesiastical sphere. Matthew 18, 1 to 15, we've got rules for church discipline. You know, we don't say, well, this brother or this sister has been found out in the act of adultery. Well, we're not supposed to resist an evil person. Let them just do whatever it is that they want to do. 1 Corinthians chapter 5. The Apostle Paul says, it's actually been reported among you that a man has his father's wife. And not only did you guys know about this, but you've been arrogant about it. So you are supposed to resist an evil person. If he's coming in to rape your family or he's coming in to murder you, you must resist him. In the church, you must resist evil people that are unrepentant. It might get to that latter stage of church discipline where you treat them as a heathen and a tax collector. That is absolutely resisting an evil person. and then resistance in society. God would not have clothed the civil government with the sword of vengeance if we were not supposed to resist an evil person. Just let them thrive, let them flourish, let them do whatever evil they want to do, because Jesus says we're not supposed to resist an evil person. He cannot mean ever. He rather means in ordinary situations that you face on a daily basis. In other words, don't be sue happy because your neighbor's dog defecated on your yard, as much as you might want to get sue happy about that. I've had a couple of interesting experiences this week, and it wasn't dogs. And it's only Wednesday, brethren. I'd like to see some Lex Talionis with reference to that. But he means in ordinary situations that you face on a daily basis. He is not speaking of matters of crime and punishment. You've got to get context when you study scripture. And he cannot be interpreted according to a pacifistic reading because then the text would say too much. Imagine if we took this seriously and literally as a pacifist, but I tell you not to resist an evil person. That means no locks on your doors. No guard dog named Rudy that likes to eat human flesh in your backyard. No alarm on your house. And no gun, I almost said under your bed, but I'm in Canada, so no gun in your safe. That's not what Jesus is talking about. He's not saying that if somebody intrudes upon your home and they come in in the hours of darkness, invite them in, make them coffee while they pillage and loot and destroy. That's not the way we're supposed to understand this. The specific issue that Jesus is combating here in the Sermon on the Mount, at least here in chapter five, is the application of civil law to personal relationships. There's got to be a demarcation. Not everything needs to go to court. Not everything needs to be adjudicated by a judge. Not everything needs to go to that nth degree. The application of the lex talionis to everyday situations makes you obnoxious, essentially. Spurgeon says, when the lex talionis came to be the rule of daily life, it fostered revenge and our Savior would not tolerate it as a principle carried out by individuals. Good law in court may be very bad custom in common society. John Murray says the lex talionis was part of the order of public justice and not private revenge. So again, you don't invoke this principle. That man's dog defecated on my yard. Fido, go next door and make sure you do the same to him. You're not supposed to live that way. Bonson says, the Pharisees were wont to appeal to the Old Testament principle of equitable punishment in civil court to justify personal revenge and vindictiveness. Christ is speaking to the situation of interpersonal relations and prohibited the exacting of due punishment for wrong suffered. So again, the context. makes it evident that Jesus is not suggesting that we get rid of self-defense, we get rid of death penalty, and we do away with the concept of just and necessary war. As well, the examples of Jesus and Paul. You can turn to John's Gospel, John chapter 18. Because one of the illustrations that Jesus is going to use in verse 39 is whoever slaps you on your right cheek, turn the other to him also. So look at John 18, specifically at verses 22 and 23. And when he had said these things, one of the officers who stood by struck Jesus with the palm of his hand, saying, Do you answer the high priest like that? Jesus answered him, If I have spoken evil, bear witness of the evil. But if well, why do you strike me? See, it doesn't say he turned the other cheek to him so that he could get buffeted or slapped on the other cheek. And then look at Paul in Acts chapter 16. Again, addressing or seeking redress through civil government for wrongs committed against him. So he can't say, well, Paul, what are you doing? You're resisting an evil person, and Jesus told you not to do that in Matthew chapter 5. Look at Acts 16, specifically at verse 37. Well, verse 35, And when it was day, the magistrates sent the officers, saying, Let those men go. So the keeper of the prison reported these words to Paul, saying, The magistrates have sent to let you go. Now, therefore, depart and go in peace. But Paul said to them, They have beaten us openly, uncondemned Romans, and have thrown us into prison. And now do they put us out secretly? No, indeed, let them come themselves and get us out. That doesn't sound like somebody who's not resisting an evil person. He's calling them out on their misdeeds. Notice as well in Acts chapter 23, specifically verses 2 to 5. Acts 23, verses 2 to 5. Well, picking up in verse one, Paul before the Sanhedrin. Then Paul, looking earnestly at the council, said, Men and brethren, I have lived in all good conscience before God until this day. And the high priest Ananias commanded those who stood by him to strike him on the mouth. Then Paul said to him, God will strike you, you whitewashed wall. For you sit to judge me according to the law, and do you command me to be struck contrary to the law? And those who stood by said, do you revile God's high priest? Then Paul said, I did not know brethren that he was the high priest, for it is written, you shall not speak evil of a ruler of your people. Some interpret this in a curious way. Some say, well, Paul most likely had a problem with his eyes. I mean, I think that's an obvious. sort of implication from the book of Galatians. He said, you treated me like an angel. You would have given me your own eyes. Some suggest he got malaria, affected his eyes. Whatever the problem was, he had eye problems. So some say, well, he just couldn't tell that that was the high priest. That's not what I think is going on. I think Calvin's right. I did not know, brethren, that he was the high priest because he's not acting like the high priest. The high priest just can't slap people for no good reason. You can't just, without due process, let somebody have it in a court. That is absolutely contrary to the law of God. Anyways, Paul calls this man out. He doesn't not resist the evildoer. And then in Acts 23 and 24, Paul gets wind that there's a conspiracy to murder him. His nephew overhears. The nephew rats him out. Paul hears about it. And then Paul invokes his rights as a citizen to get a military guard to transport him. So again, that cannot be, you know, don't ever resist an evil person. So whatever 539 means, it can't be contradictory to the practice of our Lord Jesus and to the practice of the Apostle Paul. You can keep your finger there, your pencil there, whatever you want to put there, and turn back to Romans. I mentioned last week, to really understand Romans 13, you need to go back to Romans 12. And I would suggest that it's Romans 12, 17 to 21, that is paralleled with Jesus' instructions in Matthew 5 at verse 38. So when it comes to your personal day-to-day ethics, you don't call down the wrath of God on your enemy whose dog defecated on your yard. When it comes to the day-to-day issues that you deal with, you don't have to sue everybody, you don't have to take them to court, you don't have to, you know, go nuts on them. You deal with that bearing and that forebearing attitude. So I think 1217 to 21 in Romans is the parallel to Matthew 5. So repay no one for evil. Have regard for good things in the sight of all men. If it is possible, as much as depends on you, live peaceably with all men. Beloved, do not avenge yourselves, but rather give place to wrath. For it is written, vengeance is mine, I will repay, says the Lord. Therefore, if your enemy is hungry, feed him. If he is thirsty, give him a drink. For in so doing, you will heat coals of fire on his head. Do not be overcome by evil, but overcome evil with good. So in your daily life, in your personal ethics, that's the way you're supposed to function. But if somebody's criminal behavior, if somebody's, you know, murdered your sister or raped your wife, yes, you call the magistrate. Yes, you invoke the civil authority. Yes, you turn them over to God's avenger of wrath in history. And that's what Romans 13, 1 to 4, goes on to say. So in your daily life, deal with people with bearing and forbearing. If people engage in criminal activities against you, there is redress. And that redress is in the civil magistrate. And if that person is guilty of a capital offense, that person will be executed by the death penalty. And so Turretin comments here on this passage in Romans 12. He says, blameless protection is not prohibited in Romans 12.19. In other words, self-defense. Blameless protection. You come into my house, I'm going to get that shoehorn, and I'm going to let swing. Blameless protection is not prohibited in Romans 12, 19, but private revenge. That's the difference between Romans 12, 17 to 21, and Romans 13, 1 to 4. So going back to Matthew chapter 5, he's not saying don't resist an evil person ever. Let criminals do whatever it is they want to. No, you can call the police. You can turn them over to the civil state so that they can be rightly punished. And then he gives a series of illustrations there in Matthew 5 in verses 39 to 42. So how do we function daily? Well, the believer's response to insult, verse 39b, the believer's response concerning his rights in verse 40, the believer's response to the governing authority, verse 41, and then the believer's response to benevolence in verse 42. Notice the response to insult, 39b. Whoever slaps you on your right cheek, turn the other to him also. Think about that, right cheek. How do you slap the right cheek? with your left hand usually, right? Wouldn't you? But most people aren't left-handed, so you would backhand. So it's not so much an attempt to really hurt this person, it's probably more of an insult. when it comes down to it. Whoever slaps you on your right cheek or whoever insults you, don't make the biggest deal in the world out of it. The fact that you are slapped on your right cheek in a right-hand dominant society, I think it's safe to say throughout the history of the world it's been a right-hand dominant society. If you're a lefty here, forgive me, but that just seems to be the majority report. in a right-hand dominant society indicates that violent crime is not envisaged here, but an insult to your person. This is not somebody who's trying to get over you so he can get to your wife to have his way with her. This is more like an insult. The Lord Jesus is not advocating giving way to violent criminals or not responding to your country's call for military service. Lloyd-Jones, in his studies in the Sermon on the Mount, has a good observation about that. The guy who reads this and has this conflict of interest in terms of joining the military, Lloyd-Jones says, this has nothing to do with that, nothing whatsoever. The second is the believer's response concerning his rights. Verse 40, if anyone wants to sue you and take away your tunic, let him have your cloak also. Again, brother, we're not talking about somebody bankrupting you in business. We're not talking about somebody committing arson against your house. Well, you know, my garage, you forgot to set that alight too. Now, the Lord Jesus discourages here a sue-happy people who are more insistent upon their personal rights than upon advancing his kingdom through forbearance of wrongs committed against him. John Murray says, the lesson is surely not that we are to avoid all appeal to public justice as administered by magisterial authority, but in line with what we have found in verses 25 and 26, our Lord is inculcating the virtue of forbearance, even with reference to those who do us injustice. and the necessity of resigning ourselves to privations which spring from the miscarriage of justice." Now, no doubt you're going to say, some of this is hard. Yeah, it is hard. That's why Jesus had to command it, because it doesn't come natural to us, and we need wisdom on how best to apply these sorts of things. But that he's not talking about getting rid of the place of just war, getting rid of the place of self-defense, and getting rid of capital punishment, I think it's pretty obvious. And then the believer's response to the governing authority. Verse 41, and whoever compels you to go one mile, go with him too. Now the example refers to the Roman practice of commandeering civilians to carry the luggage of military personnel a prescribed distance, usually one Roman mile. Roman soldiers had the right to conscript civilians to carry burdens for them, but the practice was despised by the Jewish people, which you could probably understand why. we're under subjugation, and here comes this soldier, and he says, hey, pick that up and carry it a mile. What does Jesus say? Go with him an extra mile. You see an illustration of this in Matthew 27 at verse 32. Now, as they came out, they found a man of Cyrene, Simon by name. Him they compelled to bear his cross. So what Jesus is saying, again, doesn't mean we can't, you know, sue Bonnie Henry. We should sue Bonnie Henry. We should pray for victory over Bonnie Henry and her being sued. It doesn't mean that, but it means in the daily affairs of life, we're not suing everybody that happens to rub us the wrong way. And then the believer's response to benevolence in verse 42, give to him who asks you, and from him who wants to borrow from you, do not turn away. That's great policy as a private individual, but a horrible one with reference to civil government. Don't give away money like that. That's not right. Don't take from us and just give it indiscriminately to everybody else. Great policy privately, but bad policy in terms of the macro level. The believer is to be diligent, to give to him who asks you, but again, careful. The guy's got a needle hanging out of his arm and he asks you for $25. It might not be the best expenditure of money. You can buy him a hamburger, pull the needle out of his arm, do something, but giving him money to subsidize evil isn't necessarily the best way to go. Remember Paul's words in 2 Thessalonians 3.10, if a man does not work, neither shall he eat. But the believer is to demonstrate a generous spirit and a loving benevolence that should characterize kingdom citizens. And again, this simply highlights and reiterates what we find in the Old Testament. So this bit, this section, specifically in Matthew chapter 5, Jesus is showing his relation to the Old Testament law. He's not saying, it's terrible, get rid of it, pull it out of your Bible, excise it, because I'm here. That's not what he does at all. He nods to it, he approves of it, he confirms it, and he promises fulfillment of it. So he treats the law of Moses with a great deal of respect. He's not teaching new things. He is expounding on what the law had always maintained, but had been neglected by the religious leaders, and thus the people in Israel. I mean, we just went through Leviticus 19 recently. Isn't that deal with our personal ethics one to another? We're supposed to be characterized by love and kindness. We're supposed to demonstrate forbearance and long-suffering. These aren't new concepts. They are concepts that have been obliterated by bad interpretation. And so Jesus comes not to pit himself against Moses, but against Moses' interpreters that had taken the generation of Jesus' day into the pit. And then the last one, in terms of the biblical ones, is in John chapter 8. John chapter 8, we won't deal with the textual issue, we'll just assume that it's there. John chapter 8, the woman caught in adultery, verses 1 to 11. The offense, very clearly specified in verse 1, we'll read. Jesus went to the Mount of Olives. Now early in the morning, He came again into the temple, and all the people came to Him, and He sat down and taught them. Then the scribes and Pharisees brought to Him a woman caught in adultery. And when they had set her in the midst, they said to Him, Teacher, This woman was caught in adultery in the very act." Already we're faced with a bit of a problem because in their zeal to, you know, get this woman on the hot seat, they neglected the fellow. Now, they're right that this is a capital offense. Leviticus chapter 20, we've seen that in our passage, verse 10, and then again in Deuteronomy chapter 22, verses 21 to 24. But they say, teacher, this woman was caught in adultery in the very act. The mandate in the Old Covenant was that both the woman and the man should have been executed, not just the woman. So they're already operating in a very uneven sort of a way. Now John alerts us to the real issue, in case we miss it. Verse 5, now Moses in the law commanded us that such should be stoned. Sort of a similar situation. Matthew 5 doesn't say they were asking, what do you think of the law? But by virtue of the fact that he says, do not think that I came to abolish the law and the prophets, I think it's OK to sort of infer that there might have been that. Hey, what does he think about the law? Well, here they ask him specifically. But they really aren't concerned at all about his view of the law. They just want to get him. And as well, at this stage in the Lord's ministry, He's not a judge. He doesn't have civil authority, and He's not a Pharisee, He's not part of the Sanhedrin, He doesn't have any ecclesiastical authority. I mean, he's the Messiah, he's the King of Kings and Kings of Lord of Lords, he's the Word made flesh and dwelling among us, but at this point, in terms of function, in terms of office, he doesn't have the ability to adjudicate this case. Again, John alerts us, so they're trying to put Jesus on the horns of a dilemma. Now, Moses and the Law commanded us that such should be stoned. But what do you say? Mr. Forgiveness here, what are you going to do with this one? Moses said this, you're saying this, and then John tells us what's at stake here in verse 6. This they said, testing him, that they might have something of which to accuse him. But Jesus stooped down and wrote on the ground with his finger, as though he did not hear. So when they continued asking him, he raised him up and said to them, He who is without sin among you, let him throw a stone at her first. So when you're placed on the horns of a dilemma, you're usually going to be wrong. You know, it's kind of like the question, have you stopped beating your wife yet? How do you answer that question? Yes, that meant you were beating her. If you say no, that means you're still beating her. You can't win. So the horns of a dilemma are designed so that either you're for forgiveness or you're for Moses. You can't have it both, Jesus. So what does Jesus do? He appeals to the law of Moses, verse 7. So when they continued asking him, he raised himself up and said to them, he who is without sin among you, let him throw a stone at her first. That's what the mandate is in Deuteronomy 17 and Deuteronomy 19. A capital case must have two or three witnesses. The witnesses are the first among them to throw the stones at the criminal offender in order to execute them. So he appeals to the law of Moses, so one horn of the dilemma he grabs onto. And again he stooped down and wrote on the ground. Then those who heard it, being convicted by their conscience, went out one by one, beginning with the oldest even to the last. So the idea behind this demand for witnesses, I think Poole capitalizes on this well. He says, in reason, those who are zealous for the punishment of others should neither be guilty of the same nor of greater crimes themselves. So likely, and this wasn't according to his divinity, it's according to his humanity. It was pretty well known that Pharisees, scribes, Sadducees, they had girlfriends. I mean, you know, it's not the case that our society is the only one where adultery or fornication or those sorts of things have obtained. It's always kind of been that way. So he invokes or appeals to the law of Moses with reference to the witnesses, but there's a specific qualification that the witnesses must bear. They themselves mustn't be guilty of that particular crime, because it's the height of hypocrisy to take up a stone and throw it against somebody that's your neighbor. Remember, we're not talking about New York City with however many millions of people. We're not talking about Vancouver. We're talking about small villages where everybody knows everybody. So the two or three witnesses are intimately connected to the one they're going to have to dispatch via stone to the head. And so again, he stoops down and writes on the ground, and those who heard it being convicted by their conscience went out one by one, beginning with the oldest even to the last. So we could possibly interpret he who is without this particular sin among you. I think that's how we understand his words to the lady, but that in a moment. So he who is without this particular sin among you, let him throw a stone at her first. Whether that's a good interpretation or not, the idea being that the two or three witnesses who are charged with executing the criminal offender mustn't be likewise guilty. These persons obviously were, so they all left, beginning with the oldest, even to the last. So he upholds the demand for witnesses. And now notice, Jesus was left alone and the woman standing in the midst. When Jesus had raised himself up and saw no one but the woman, he said to her, woman, where are those accusers of you? Has no one condemned you? There's no witnesses. There's no capital offense without two or three witnesses. She said, no one, Lord. Now here he goes with the other horn. And Jesus said to her, neither do I condemn you. Go and sin no more. That's a general call to repentance, but it's also a specific demand for no more adultery. Lady, don't get caught like this again. This is not godly behavior. This is not consistent with the law. This is not the way that you're supposed to live. So Jesus upholds the law of Moses and exercises the grace of forgiveness all at the same time in this particular situation. Now, in terms of the pragmatic objections, we'll run quickly through these. First, the death penalty is not consistent with Christian forgiveness. The death penalty is not consistent with Christian forgiveness. I want to say, who cares? But the implementation of any punishment would be a violation of this principle, any punishment at all. What do you mean you're going to give them a fine? That's not forgiveness. Again, punishment is not forgiveness. Punishment is not an expression of mercy. The recognition that forgiveness of sins and punishment of crimes We need to recognize, rather, that the punishment of crimes and the forgiveness of sins are two different categories. A man can be convicted of a heinous crime, come to the Lord Jesus, seek forgiveness with God and the victim, find and obtain it, and still be executed for his criminal activity. There's no inconsistency there. In fact, I'm absolutely convinced that if a man does get saved on death row, he's not going to boycott what comes to him justly. The thief on the cross recognized the justness of his punishment as he chides his fellow thief or his fellow insurrectionist. The death penalty is not consistent with Christian forgiveness. Again, different categories, apples and oranges. Secondly, the death penalty is not an expression of mercy. Again, who cares? It's not supposed to be an expression of mercy. The death penalty is retributive justice. And the objection assumes a distorted view of God. The God who abounds in mercy calls upon the civil state to execute criminal offenders. Both things are taught in the Bible. It's not an either-or proposition. The God who exhibits great mercy is the God who nevertheless arms the civil government with the sword for the execution of criminal offenders. Third, the death penalty is used on innocent people. Again, that's an objection that really doesn't obliterate the concept. It doesn't obliterate the doctrine. The argument assumes that the abuse of something argues against its use. Because somebody drinks and drives, we don't outlaw driving. Because somebody takes a gun and goes and shoots up a schoolyard, shouldn't mean we outlaw guns and ownership. The abuse of something does not argue against the use of it. And though the death penalty perhaps has been or could be abused, it doesn't argue against its use. And the argument negates the biblical mandate. There are a necessity for two or three witnesses. And then as well, the potential is greatly reduced nowadays. I mean, with DNA fingerprinting and forensic evidence and all the sorts of things, I mean, they can pick up your cell phone from wherever and whenever. I think the odds of having an innocent man slip through are a lot slimmer now than they've ever been. The fourth is that the death penalty does not deter crime. It always does in at least one case. The one who's executed will never be a repeat offender. And quite frankly, repeat offenders are a big problem in our generation. When there's no consequences associated with offending, the offenders continue to offend. But Romans 13 tells us there is a deterrent of fact. And in Romans 13 at verse 3, the apostle says, Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. For he has God's minister to you for good. But if you do evil, be afraid. My argument is that it doesn't deter because it's not operating. It's not being used efficiently. It's not being carried out. It's not being executed. No, he didn't get it. So when we have a properly functioning judicial system and a system of penal sanctions that are being applied consistently and righteously, then there will be a deterrent effect. And then the last is theological, and a pragmatic one and a bad one. The death penalty will prohibit salvation. No, it won't. A man on death row can hear the gospel, believe the gospel, and be saved. It may be God's means in His sovereignty to bring that man to a saving knowledge of Himself. Being on death row might be that wake-up call that some hard-hearted sinner needs to have in order to come to Jesus Christ as Lord and Savior. Well, in conclusion, when it comes to the concept of penal sanctions, when it comes to the idea of punishing crime, the criminal must be punished as there must be consequences for criminal conduct. You can't escape the teaching of Scripture. You cannot evade the clear intention of God. I realize the Old Covenant is no longer binding upon us as New Covenant Christians. There's something called natural law. There's something that God has built into the created order where we know there are certain things that are wrong. We know that certain things must be punished. Romans 1.32 indicates that, that the ungodly knows that it's righteous with God to punish the ungodly. The criminal must be punished to mitigate the effects of his crime upon the civil state. You shouldn't be afraid to go out of your front door. The criminal must be punished in order to deter him and others from committing crimes. Again, deterrent is a necessity in any society. And as well, the criminal must be punished so that he can make atonement for his crime and be reconciled with society. Now, when I say make atonement, I'm not talking, you know, peace with God through our Lord Jesus. But brethren, I got to tell you, you know, having a guy go to prison for 20 years and get out and never get a job past car wash or being a car washer, dishwasher. He's never going to stop being punished. There's no end to his punishment. If he's punished, then he's done. Let's move on. That man needs that just like society needs that. The criminal must be punished so that he can make atonement for his crime and so that he can be reconciled to society. If he served his 20 years and he did it the way he was supposed to do, I'm not necessarily saying have him be your nanny, but he should be able to get a job beyond the basics in society. And then the criminal must be punished so that the victims can receive relief. We are so anti-victim in this modern generation. In fact, we send people to prison to do what? To pay their penalty to the state. Well, they didn't sin against the state. They didn't beat the state. They didn't steal from the state. They stole from people. They beat people. They violated people. Those people need redress. Those people need some sort of relief from what this person did in their lives. Secondly, the death penalty in civil government. Gordon Clark said, God gave the right of capital punishment to human governments. He intended it to be used wisely and justly. And again, here's where I register my somewhat relief. I'm glad that this magistrate isn't wielding the sword, because he might just come after us at this point. So listen to what Clark says. He intended it to be used wisely and justly, but he intended it to be used. Abolition of the death penalty presupposes the falsity of Christian principles. Watson said, to kill an offender is not murder, but justice. A private person sins if he draws the sword. A public person sins if he puts up the sword. A magistrate ought not to let the sword of justice rust in the scabbard. So just some thoughts to consider. When we read through Leviticus, and there's going to be more, and we go through numbers, and when we get to Deuteronomy, We're going to meet with more penal sanctions against criminal offenders. And I realize in our modern society, we recoil at horror at the thought of these things. But God instituted, according to His wisdom, for the proper order of society. I'm not saying this is redemptive in nature. I'm not saying because of the death penalty, the gospel will advance. Brethren, we trust Christ to advance His gospel. We also trust Christ to bless the use of his law in a civil society to restrain the abject wickedness of men and to provide some sort of a context for the preaching of special redemptive grace so that men can be saved. Well, I'll close. And then if anybody has any comments, we can. Talk through those. Father, thank you for your word. Thank you for its clarity at the point of penal sanction. I pray that you would give us wisdom concerning these things, and thank you for the word of God and the revelation that you have given to us in both law and gospel. I pray that you would bless your word as it goes forth. Bless the preaching of the gospel. May it run swiftly and be glorified, and may many people come to a knowledge of our blessed Jesus.
