Capital Punishment And The Bible

We find the inception of capital punishment as well as the implicit concept of civil government in Gen. 9:6 (NASB), “Whoever sheds man’s blood, By man his blood shall be shed, For in the image of God He made man.” This is part of the Noahide covenant after the flood and was part of God’s way of establishing order and temporal justice upon the earth. Not only was this the consistent punishment in the Mosaic Law for murder (Ex. 21:12-14, Num. 35:30-34), but this certainly transcends and far predates the Law given to Moses for the society of Israel, thus speaks to God’s establishment of justice for mankind in general. The NLT translation of Gen. 9:5-6 reads, “And I will require the blood of anyone who takes another person’s life. If a wild animal kills a person, it must die. And anyone who murders a fellow human must die. If anyone takes a human life, that person’s life will also be taken by human hands. For God made human beings in his own image.” Wayne Grudem writes of Gen. 9:6, “This commandment from God says that when someone murders another person, the murderer himself should be put to death. This execution of a murderer was not going to be carried out directly by God, but by a human agent: “by man shall his blood be shed.” Yet this was not to be seen as human vengeance, but as carrying out God’s own requirement of justice.”

Albert Barnes states, “Here, then, is the formal institution of civil government. Here the civil sword is committed to the charge of man. The judgment of death by the executioner is solemnly delegated to man in vindication of human life.” 

Barnes goes on to say: “Man resembles God in this, that he is a moral being, judging of right and wrong, endowed with reason and will, and capable of holding and exercising rights. Hence, he is in the first place competent to rule, and on his creation authorized to exercise a mild and moral sway over the inferior creatures. His capacity to govern even among his fellow-men is now recognized. The function of self-government in civil things is now conferred upon man. When duly called to the office, he is declared to be at liberty to discharge the part of a ruler among his fellow-men, and is entitled on the ground of this divine arrangement to claim the obedience of those who are under his sway. He must rule in the Lord, and they must obey in the Lord.”

Robert Jamieson notes: “That this law was designed to be universal, is evident from the reason annexed, which is applicable to all ages and parts of the world. For in the image of God made he man. The human nature reflects the divine image-ruthlessly to mutilate or destroy that image, as a murderer in effect does, is to commit a daring outrage against the majesty of the Creator.” This concept is carried through in the NT as well. We see Paul in Romans 13 affirm the role of civil government and the authority they have as carrying out justice on the earth as agents of God.

Romans 13:1-4 (ESV): “Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. 2 Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. 3 For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, 4 for he is God's servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God's wrath on the wrongdoer.”

The basic logic of verses 3-4 is easily understood. People who commit crimes have a good reason to fear being caught and punished accordingly. Prison isn’t for lawful citizens, but for those who commit crimes. As Thomas Schreiner notes, “Without civil government there would be anarchy, a horrible alternative in which evil runs rampant.” God uses the institution of civil government to uphold basic rule of law. Twice in verse 4, Paul says that the government is a “minister” or “servant” of God for good (however unwittingly) and even has authority to “bear the sword.” Among many others, Craig Keener notes that this “refers to the standard method of execution in this period (beheading).” Paul says explicitly that the governing authority is “the servant of God, an avenger who brings wrath on the one who practices evil.” 

Paul is even consistent in his own personal life in regards to this teaching. Just a few years after his letter to the Romans, we read Paul both submitting to Roman authority as well as to the legitimacy of capital punishment in Acts 25:11 (NIV), “If, however, I am guilty of doing anything deserving death, I do not refuse to die. But if the charges brought against me by these Jews are not true, no one has the right to hand me over to them. I appeal to Caesar!” I. Howard Marshall writes, “If Paul had committed a crime against Rome for which death was the penalty, then he was prepared to face Roman punishment.” So Paul is in line with the Old Testament as well as the apostle Peter when he states in 1 Peter 2:13-14 (NIV), “Submit yourselves for the Lord’s sake to every human authority: whether to the emperor, as the supreme authority, or to governors, who are sent by him to punish those who do wrong and to commend those who do right.” Grant Osborne notes: “While ‘bear the sword’ primarily connotes the death penalty, it also generally describes the duty of the state to punish people who commit crimes in general. Modern debates over capital punishment were foreign to the ancient world for the most part. Paul means that those who do wrong will receive their just desserts from the state.”

Objections

However, some Christians might object to capital punishment despite passages in Scripture that speak on the matter. I’ll address a few objections I’ve heard some raise from Scripture (though this is far from exhaustive). 

1. Some may refer to Jesus’ teaching in Matt. 5:38-44 (turn the other cheek, pray for your enemies), but this speaks to personal conduct (individuals relating to other individuals) and is similar to what Paul teaches in Rom. 12:14-21 (no doubt intentionally echoing his Master’s teaching). Jesus was not commenting on the authority of the government to enact civil justice in that passage just as Paul wasn’t in chapter 12 of Romans. Rather, Jesus and Paul were prohibiting the seeking of personal vengeance. 

2. Another objection might be Matt. 22:39 in which Jesus says to “Love your neighbor as yourself.” Some perceive the death penalty as contradicting this command. As with Matt. 5, Jesus is addressing personal conduct and in this passage He is quoting from Lev. 19:18 (NIV), “‘Do not seek revenge or bear a grudge against anyone among your people, but love your neighbor as yourself. I am the Lord.” In the very next chapter of Leviticus, God commands the death penalty for murder of children. “Say to the Israelites: ‘Any Israelite or any foreigner residing in Israel who sacrifices any of his children to Molek is to be put to death. The members of the community are to stone him.” -Lev. 20:2 (NIV). Again, we must not conflate prohibitions against personal vengeance with governmental authority to uphold justice. As Wayne Grudem states, “Love for one’s neighbor does not nullify the requirement to carry out God’s justice on wrongdoers.” Just as the command in Leviticus to love one’s neighbor doesn’t conflict with or contradict the command of capital punishment for those who murder their children, the teaching of Jesus and Paul on love for neighbor does not conflict with government’s role in upholding justice as we read about in Rom. 13. In fact, similar to Leviticus, Paul simultaneously affirms capital punishment (Rom. 13:4) and love for neighbor (Rom. 13:8-10) without contradiction. Additionally, one could argue that upholding justice is required in loving your neighbor. “When justice is done, it brings joy to the righteous but terror to evildoers.” -Prov. 21:15 (NIV). And what is the justice for murder that God commands? Gen. 9:5-6 provides the answer. 

3. Another misguided objection might be an appeal to the 6th Commandment (Exodus 20:13). This commandment is a prohibition against the unlawful killing of a human. As we all understand, there is a difference between “killing” and “murder.” The Hebrew word, ratsach (רָצַח) is best translated as “murder.” That is, an unlawful, premeditated  taking of a human life. Clearly, the lawful killing of a human is commanded by God in the Mosaic Law for capital offenses as has been noted. God is not contradicting one of the 10 Commandments. We must not conflate categories. Walter Kaiser Jr. writes that this prohibition does not apply “to defending one’s home from nighttime burglars (Exod 22:2), to accidental killings (Deut. 19:5), to the execution of murderers by the state (Gen. 9:6), or to involvement with one’s nation in certain types of war as illustrated by Israel’s history.” 

4. I’ve seen some point to God sparing King David’s life after he had Uriah killed in battle as an argument against capital punishment. First of all, God, in His sovereignty, spared David’s life due to his repentant heart. I would point out that exceptions don’t negate the rules, but this isn’t an apples to apples scenario since it’s not as if David (the king of Israel) didn’t enforce capital punishment for capital offenses in the nation. If he had been failing to uphold the punishment for capital offenses as prescribed in the Law, he would have been disobeying God and failing his duty as king to uphold justice in the land. And I would also point out that the objection falls flat simply due to the fact that even though David himself was spared, his son was not (2 Sam. 12:14) and God wrought terror upon his household for the rest of his life due to his many sins involving Bathsheba (2 Sam. 12:11-14). God certainly had mercy on David, yet was not without punishment. This incident is not a general prescription on how to enact civil justice for murder. Genesis 9:6, however, is. 

The general principle in Scripture is that God expects civil authority to uphold justice. God even judges gentile nations outside of Israel for their acts of severe moral violations and injustice (see Amos 1-2). What, then, does God expect of any civil government? What position ought Christians advocate for? As with any matter of moral guidance, Scripture should be the standard. This does not negate the grace that God extends to all people by way of the cross of Christ. A convicted murderer can repent and turn to Christ for salvation just as all can. However, this does not mean that consequences of sin and temporal justice should not be carried out as God intends. This is just a foundational look at the justice God requires in a nation for murder. Of course there is room for discussion and nuance considering our current justice system, i.e. fair trials, adequate evidence, speedy execution, government's abuse of power (not unlike Rome), all of which Scripture speaks to. The biblical case put forth presupposes a guilty party and how to handle such a case. The point is, as Christians, we ought to take the full counsel of God in matters of moral guidance and take note of what God has revealed in His word. 

And finally, as a protestant, I would be remiss if I didn’t reference Reformation era creeds and confessions that have spoken on these matters. They can be very helpful in interpreting Scripture as a general guide as they are all based on affirming what Scripture teaches. It would be hubris to outright disregard historical church teaching on the matter…

Article 24 of the Scots Confession of 1560 says of the civil magistrate, “We further Confess and acknowledge, that such persons as are placed in authority are to be loved, honoured, feared, and held in most reverent estimation; because that they are the lieutenants of God, in whose session God himself doth sit and judge (yea even the Judges and Princes themselves), to whom by God is given the sword, to the praise and defence of good men, and to revenge and punish all open malefactors.”

Article 36 of the Belgic Confession of 1561 states, “We believe that because of the depravity of the human race, our good God has ordained kings, princes, and civil officers. God wants the world to be governed by laws and policies so that human lawlessness may be restrained and that everything may be conducted in good order among human beings. For that purpose God has placed the sword in the hands of the government, to punish evil people and protect the good.”

Chapter 23 of the Westminster Confession of Faith (1646): “God, the supreme Lord and King of all the world, hath ordained civil magistrates, to be, under Him, over the people, for His own glory, and the public good: and, to this end, hath armed them with the power of the sword, for the defence and encouragement of them that are good, and for the punishment of evil doers, (Rom 13:1-4; 1Pe 2:13-14). It is lawful for Christians to accept and execute the office of a magistrate, when called thereunto, (Pro 8:15-16; Rom 13:1-2, 4): in the managing whereof, as they ought especially to maintain piety, justice, and peace, according to the wholesome laws of each commonwealth, (Psa 2:10-12; 1Ti 2:2; Psa 82:3-4; 2Sa 23:3; 1Pe 2:13); so, for that end, they may lawfully, now under the new testament, wage war, upon just and necessary occasion, (Luk 3:14; Rom 13:4; Mat 8:9-10; Act 10:1-2; Rev 17:14, 16).”

Chapter 24 of the London Baptist Confession of Faith (1689): “God, the supreme Lord and King of all the world, hath ordained civil magistrates to be under him, over the people, for his own glory and the public good; and to this end hath armed them with the power of the sword, for defence and encouragement of them that do good, and for the punishment of evil doers.”

Bibliography (Sources Cited):

Barnes, Albert- Barnes' Notes on the Whole Bible (Gen. 9:6)

Grudem, Wayne- Christian Ethics: An Introduction to Biblical Moral Reasoning, 2018 (p. 507, 514) 

Jamieson, Robert- Jamieson, Fausset & Brown Bible Commentary (Gen. 9:6)

Kaiser Jr., Walter- The Expositor’s Bible Commentary, Vol. 2, Exodus (20:13)

Keener, Craig- The IVP Bible Background Commentary, New Testament (Rom. 13:4)

Marshall, I. Howard- The Acts of the Apostles, TNTC (Acts 25:11)

Osborne, Grant R.- Romans, IVPNTC (Rom. 13:4)

Schreiner, Thomas- ESV Study Bible note on Rom. 13:3