Demands for punishment according to the Old Testament

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One of the many stylistic flourishes of “elementary, Old Testament Christians” is the demand for a punishment for violators of God’s laws, as they applied to the ancient people of Israel. Adultery, too, must be dealt with “appropriately.” However, the answer at that time was stoning. Those who demand such things overlook essential issues and are not exactly in line with the Gospel.

Observe the 10 Commandments – But also punish them?

The clear indication that God’s Ten Commandments are to be observed unchanged is one thing. But it is quite another to demand that the transgression of one of God’s commandments be punished here and now. Some statements regarding the implementation of God’s laws and even criminal prosecution are sometimes taking on radical overtones. This is even coming from circles where one would not have expected it.

It is, above all, “good form” among many evangelicals in the USA that God’s laws should be implemented, at least in part, as state law. But even if these were indeed the true Ten Commandments according to Exodus 20 or Deuteronomy 5, that would clearly cross the line. Moreover, in the USA, this is a blatant contradiction to the US Constitution, which clearly guarantees, or should guarantee, the strict separation of church and state.

It would also be fatal if state laws were enacted that are declared to be God’s commandments, but in reality do not reflect them at all. This applies especially to the Fourth Commandment (Exodus 20:8-11), and this concerns the commandment to observe the Sabbath, the 7th day of the week (Info).

Demands for punishments according to the Old Testament

New Testament
OT penalties are demanded

Demands are now being heard from those who refer to the laws of ancient Israel in the Old Testament. “Adultery must be punished appropriately. It is a shame that society does not demand this punishment,” among other things. Adultery was punished by stoning in ancient Israel, “just to mention it in passing.”

Here, these apologists, who demand the law applicable to Old Testament Israel, including the punishment, overlook two things. First, it was a body of law governing coexistence within the people of Israel, with provisions for imposing appropriate punishments even for minor offenses, and also for regulating compensation for damages caused. Second, the Israel of the Old Testament no longer exists. The scope of the civil laws has thus expired, and with it the validity of the law. This is why “we” today do not administer justice according to these laws or execute the threatened punishments.

Furthermore, the period between the first half of the 6th century and the end of the 18th century provides the best evidence of the catastrophic consequences that the enforcement of (supposed) divine laws can have on humanity. After all, the tyranny under the Roman Catholic Church is unprecedented in human history.

“But if theft is prosecuted, then adultery should also be prosecuted,” is another argument. It’s certainly permissible to compare apples with oranges, but it becomes problematic when one tries to equate apples with oranges. Indeed, probably every country in the world has a law prohibiting theft and prosecuting such an offense. The question, however, is whether this legislation is of a Christian nature, i.e., an implementation of God’s commandment, or whether there is something else behind it.

Gospel or rather aristocracy?

After all, the laws of (secular) states weren’t formulated just a few years ago, but are already historical in nature. One example is the Criminal Code of the Federal Republic of Germany. It is based on the Criminal Code of the former German Empire, which in turn was modeled on the Criminal Code of the Kingdom of Prussia. And now we’re back in the first half of the 19th century. A democracy with separate legislative, executive, and judicial branches? None. As the name suggests, a kingdom and thus an aristocracy.

The formulation of the law against theft was therefore hardly driven by the Gospel, but rather by the motive of protecting the nobility, the upper classes, the wealthy, from the common people, the “mob.” This may also be one reason why the offense of “adultery” didn’t end up in the Criminal Code, because that would have, to put it bluntly, curtailed one’s own pleasure.

Key points of German criminal law

The respective possible sentences for property crimes and those for personal injury appear to be at least “equivalent.” Of particular note are the property crime of “fraud,” which carries a maximum of 10 years’ imprisonment, and personal crimes such as assault, rape, and negligent homicide, each carrying up to 5 years in prison. Aggravated theft, burglary, robbery, and receiving stolen goods can each carry up to 10 years in prison. The respective sentence “up to” is at the judge’s discretion, taking into account the individual case and the circumstances. Thus, criminal law also allows the judge the (theoretical) leeway that knocking down a police officer may result in a lesser sentence than damaging a police vehicle.

The time of origin, place of origin, form of government, and the “preponderance of higher penalties” in favor of property crimes at least indicate that the Gospel did not serve as a model.

If so, then so

Penalty chain
Justice or just revenge?

Anyone who demands that the punishment for the offenses committed by the people of Israel in the Old Testament be reinstated should also consider that all of God’s 10 Commandments are to be viewed as a “complete package,” as James 2:10-11 states:
For whosoever shall keep the whole law, and yet offend in one point, he is guilty of all. For he that said, Do not commit adultery, said also, Do not kill. Now if thou commit no adultery, yet if thou kill, thou art become a transgressor of the law.

As a result, there is no discussion at all about why the thief of a few small items must suffer the same punishment as the murderer. Both are sin (1 John 3:4), and the wages of sin is death (Romans 6:23). Those who demand a “suitable” punishment for adultery—in the Old Testament, it was stoning—should actually demand the same “suitability” for stealing a stick of chewing gum from a store.

As different as the crimes of murder and theft are, both are equally weighted in light of the actual rebellion against God’s law and thus against God himself.

Jesus Christ lived the practice

A very well-known scene in the New Testament is the woman who had just been caught in adultery and dragged to Jesus Christ by the Pharisees. The Pharisees’ sentence was clear in advance: stoning. But they wanted to trap Jesus Christ. His response is at least as well-known, John 8:7:
He that is without sin among you, let him first cast a stone at her.

The Pharisees retreated, crestfallen. However, the continuation of this scene and the statement made by Jesus Christ in it are far less frequently recounted, John 8:10-11:
When Jesus had lifted up himself, and saw none but the woman, he said unto her, Woman, where are those thine accusers? hath no man condemned thee? She said, No man, Lord. And Jesus said unto her, Neither do I condemn thee: go, and sin no more.

Jesus Christ forgave her this sin AND admonished her to SIN NO MORE, that is, to break the law.

Further discrepancies

There is something else very important that the apologists for the Old Testament punishment overlook. The Lord says in Deuteronomy 32:35:
To me belongeth vengeance, and recompence; their foot shall slide in due time: for the day of their calamity is at hand, and the things that shall come upon them make haste.

In addition, Jesus Christ called His apostles to go out into the world to proclaim the gospel, NOT to introduce, supervise, judge, and execute the laws and punishments of ancient Israel everywhere. How God can be taken at His word that “vengeance is His” can be clearly seen in the last of the seven plagues, which will literally fall upon lawless humanity. It is described in Revelation 16:21:
And there fell upon men a great hail out of heaven, every stone about the weight of a talent: and men blasphemed God because of the plague of the hail; for the plague thereof was exceeding great.

A hail of stones falls upon humanity at the conclusion of the final plague. Doesn’t that look like a stoning according to the Old Testament punishment?

Therefore, anyone who sees a fellow human being sinning should absolutely point out the sin and the impending consequences. Regardless of who it is or what position they are in. For “respecting persons is a sin” (James 2:1, 9). This also applies to adultery. Should one raise a hand against it? Absolutely not, for “let he who is without sin cast the first stone” and “vengeance is mine,” declares the Lord. And so it will be done. Regarding the criminal law of a particular country, Romans 13:1-2 and Colossians 1:16-17 clearly apply.

Summary:

  • The civil law for ancient Israel ceased to exist with the dissolution of ancient Israel (Luke 13:34, Matthew 23:38)
  • Believers have the task of proclaiming the gospel and pointing out sins (Matthew 28:19, James 2:1)
  • There is no mandate to establish a “theocracy,” nor is it in the spirit of Jesus Christ (“My kingdom is not of this world,” John 18:36)
  • Jesus Christ judges, not man (John 5:27)
  • “Vengeance is mine,” says the Lord, and no one else (Deuteronomy 32:25)

Bible verses from King James Version (1611)

Demands for punishment according to the Old Testament
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