Does Exodus 20:13 prohibit capital punishment? Text of the Commandment “You shall not murder.” — Exodus 20:13 Immediate Literary Setting Exodus 20 is the foundational covenant text in which Yahweh speaks directly to Israel. The sixth word follows commands safeguarding exclusive worship, God’s name, Sabbath, and parental authority; it precedes protections for marriage, property, testimony, and contentment. The structure moves from God-centered loyalty to community-preserving prohibitions. Thus the sixth commandment addresses violence that shatters communal life, not the state’s judicial prerogatives described elsewhere in the same Torah. Pre-Mosaic Grounding for Capital Punishment Genesis 9:6 : “Whoever sheds the blood of man, by man his blood shall be shed; for in His own image God has made mankind.” This covenant with Noah is universal, before Sinai, linking capital punishment to the imago Dei. Because life is sacred, deliberate murder demands the highest earthly penalty. Mosaic Case Law Clarifies the Distinction • Exodus 21:12–14: “Whoever strikes a man so that he dies must surely be put to death… But if a man schemes and kills another deliberately… take him even from My altar to be put to death.” • Numbers 35:9–34 establishes cities of refuge for manslaughter yet mandates execution for premeditated murder, using rāṣaḥ for the crime and mût for the penalty. • Deuteronomy 17:6–7 requires at least two witnesses and judicial investigation before the sentence is carried out, preventing vigilante revenge. Capital Crimes Listed in Torah Premeditated murder (Exodus 21), kidnapping (Exodus 21:16), certain sexual sins (Leviticus 20), false prophecy (Deuteronomy 13), and high treason (Numbers 15:30–36) receive the death penalty. Exodus 20:13 co-exists with these statutes, demonstrating the commandment cannot be a blanket ban on all execution. New Testament Continuity • Romans 13:3–4: governing authority “does not bear the sword in vain, for he is God’s servant, an avenger who brings wrath on the wrongdoer.” The verb φέρω (“bear”) and the noun μάχαιρα (“sword”) denote lethal power. • Acts 25:11: Paul affirms the state’s right to capital punishment—“If I am deserving of death, I do not refuse to die.” • Matthew 5:21–22: Jesus deepens the commandment to heart-level hatred but never abrogates civil authority. • John 19:10–11: Jesus tells Pilate his authority “has been given from above,” acknowledging legitimate, though abused, governmental power. Theological Foundations Sanctity of life: Life is God-given; therefore, unjust killing is prohibited. Justice: Because life is valuable, the unlawful taker forfeits his own life under a just process. Government as divine minister: Post-Flood and apostolic teaching establish human government as God’s instrument to restrain evil, vindicating righteous victims and deterring bloodguilt that pollutes the land (Numbers 35:33). Historical Interpretation Rabbinic: Mishnah Makkot 1:10 requires rigorous safeguards but upholds capital punishment for murder. Early Church: Athenagoras (Plea 35) condemns abortion and infanticide yet concedes state execution of criminals. Augustine (City of God 1.21) defends magistrates who execute by lawful authority. Reformation: Calvin (Institutes 4.20.10) calls civil government “the lawful guardian of the safety of the community” empowered to execute “the guilty murderer.” Modern confessions: Westminster Confession 23.3 affirms magistrates “may lawfully, now under the New Testament, wage war upon just occasions, and for the effectual maintaining of justice and peace, punish… with death.” Ethical and Philosophical Considerations Retribution vs. Revenge: Capital punishment, biblically constrained, is proportional justice, not personal vengeance (Romans 12:19). Deterrence: Empirical studies are debated, yet Scripture treats public justice as a restraint (Deuteronomy 13:11). Mercy: Due process, multiple witnesses, and opportunities for repentance temper severity. The gospel offers eternal pardon even to criminals (Luke 23:40–43) while allowing the earthly penalty to stand. Answering Common Objections “Jesus said, ‘Turn the other cheek.’” — Personal ethics (Matthew 5:39) distinguish private retaliation from state duty. “The woman caught in adultery was spared.” — Ad hoc trap lacked proper witnesses; Jesus upholds law by exposing procedural abuse (John 8:3-11). “Risk of executing the innocent.” — Scripture demands exhaustive investigation (Deuteronomy 19:15-21). Modern DNA exonerations argue for reform, not abolition; they echo the biblical insistence on certainty. Conclusion Exodus 20:13 prohibits the unjust taking of human life—murder—not every instance of killing. Both Testaments, the underlying Hebrew vocabulary, contextual case law, and consistent theological themes affirm that capital punishment, when administered by rightful authority under due process for capital crimes, is not only permitted but in cases of murder mandated. The commandment therefore does not prohibit capital punishment; it presupposes it as a measured response to the crime it condemns. |
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