A Short Essay on
CAPITAL PUNISHMENT
for Christians
who are perplexed by the subject.
by John E Heinl
November 6, 1996




A lot of Christians have fuzzy feelings about the subject, especially if they don't spend much time reading the Old Testament. I submit the following in favor of capital punishment:

God would like for all men to be saved (1 Tim 2:4) In fact, He sent his Son into the world with enough atoning power to save all men. We know, however, that all men will not be saved, that at the last judgment many will be cast into the lake of fire, the second death, with Satan (Rev 20:15).

God would like for all men to love Him and to love their neighbor. Y'shua proclaimed that in Mark 12:30-31. Knowing the heart of man, God gave Moses the Ten Commandments and 527 other commands which the Jews were to use to establish and to maintain the purity of their society. The fifth commandment has a specific legal meaning, viz. murder. Legally speaking, manslaughter, killing during war time, and capital punishment itself are not murder. Let us read what the Old Testament says about capital punishment.

The first fact we read is that God instituted capital punishment and enumerated the circumstances when it was to be used. It was not to be an empty threat. It was not to be a punishment that Moses or successive leaders could use capriciously (Lev 17, 18, & 20; Deut 17:5,12). The term, "cut off from his people" is not an euphemism for "to run someone out of town". It was mostly death, and sometimes banishment. See note in the Lutheran Study Bible for Genesis 17:10.

The second fact we read is the purpose for capital punishment. It was not intended to provide revenge for man or God, or to prevent capital crimes, but to rid society of the evil (Deut 17:7, 12 & 21:21).

The third fact we read is the requirement for capital punishment. For certain crimes death was not an option, but a requirement. There were no extenuating circumstances and no plea-bargaining. There was death (Lev. 20, Deut. 17:5,12; & 21:18-21).

The fourth fact we read is the method of capital punishment, which was stoning (Deut 17:5). Only God could have devised such an ingenious method. What other people in history used stoning as a form of execution? Stones were ubiquitous, cheap, and ready for immediate use. Stones were like sin; ubiquitous, cheap, and always ready to commit. Stoning and sinning go together; they both produce death. Stoning required that first the witnesses and then all the people to participate in the act. The responsibility was not delegated to a hangman or other executioner. Compare this to the practice that the Jews themselves had to execute their live offerings at the Temple. The priests did not do this for them. The Jews had to be reminded that sin is a dirty business and it can only be atoned for by blood.

The fifth fact we read is the proof for the use of capital punishment. There had to be at least two witnesses; circumstantial evidence and forensics did not count. Deut 17:6 & Num. 35:30.

The last fact we don't read, because it wasn't written. Life imprisonment was not a valid substitute for capital punishment. Although there were six Levitical cities of refuge for manslaughter (Joshua 20:7-9), there were to be no jails for rehabilitation for the Jews. Punishment for breaking God's law was corporal or capital, and sometimes financial.

That was then. The question for present day Christians is this: Is capital punishment a valid doctrine for Christians living in American society? Let us turn our attention to this question?

What did Y'shua say about capital punishment in the new Testament? Not too much. There is the story of the man and woman caught in adultery (John 8:3-11). As the woman is about to be stoned, Y'shua says let him without sin cast the first stone. (Note that they had let the man go, contrary to Lev 20:10.) After all the accusers left, Y'shua forgave the woman and told her to sin no more. When Y'shua silenced the accusers, was He also speaking against the doctrine of capital punishment or the injustice of letting the man go?

There is also Y'shua's statement for His purpose in coming. In reference to the Law, He came not to abolish it, but to fulfill it. Matt 5:17.

He also said that the Law would not be allowed to be changed by a tilde until His second coming. Matt 5:18.

Y'shua gave a lot of short commands whose spirit seems to contradict the concept of capital punishment. E.g. Love your neighbor as yourself. If you love your neighbor, how can you execute him or allow him to be executed? This could be a stumbling block for weak minded people. It's similar to the favorite quote of atheists, "Do not judge, and you will not be judged (Matthew 7:1 or Luke 6:37). Neither verse has anything to do with the business of executing murderers. One can love a murderer (after all, everyone is somebody's son or daughter), but that's not a valid reason to postpone the execution. As for not judging, see the note on Luke 6:37. (Concordia Self-study Bible)

Jesus Christ, the same today, yesterday, and tomorrow. Although His first coming changed the rules for the Jews as regarding the Law, for us gentiles he became the way to be saved, the only way to know the Father (John 14:6). Some Protestant churches reach back into the Old Testament and pull out verses to support their individual theology, e.g. tithing (a literal 10% of gross) or the day of worship; others ignore the Old Testament as in the case of homosexual clergy and parishioners or downgrade it by not believing in a literal seven day creation.

Regardless of your belief about the Old Testament, one thing is clear. It was perfectly OK and mandatory for the Jews to exercise capital punishment. I think it's perfectly OK for Christians to support capital punishment and for our American society to exercise it. Numbers 35: 31 is worth repeating, "Do not accept a ransom for the life of a murderer, who deserves to die. He must surely be put to death." Verse 30 says no one is to be put to death on the testimony of only one witness. Lack of two witnesses should be the only excuse for a life sentence without parole.