Topical Bible: Punishment: Death Penalty: Not Inflicted by the Testimony of Less than Two Witnesses

◄ Punishment: Death Penalty: Not Inflicted by the Testimony of Less than Two Witnesses ►

Jump to: Nave's • Library • Subtopics • Terms

Topical Encyclopedia

The principle that the death penalty should not be inflicted based on the testimony of fewer than two witnesses is a significant aspect of biblical law, reflecting the gravity and sanctity of human life as well as the necessity for justice to be administered with caution and fairness. This requirement is rooted in the Mosaic Law and is emphasized in several passages throughout the Scriptures.

Old Testament Foundations

The requirement for multiple witnesses is explicitly stated in the Mosaic Law. In Deuteronomy 17:6 , it is written: "On the testimony of two or three witnesses a man shall be put to death, but he shall not be executed on the testimony of a lone witness." This directive underscores the importance of corroborating evidence in capital cases, ensuring that the decision to take a life is not made lightly or based on potentially unreliable testimony.

Similarly, Deuteronomy 19:15 reinforces this principle: "A lone witness is not sufficient to establish any wrongdoing or sin against a man, regardless of what offense he may have committed. A matter must be established by the testimony of two or three witnesses." This passage highlights the broader application of the principle beyond capital cases, indicating a general standard for establishing guilt.

Judicial Process and Safeguards

The requirement for multiple witnesses serves as a safeguard against false accusations and miscarriages of justice. In the ancient Israelite judicial system, the role of witnesses was crucial, and their testimony carried significant weight. The law demanded that witnesses be credible and their testimonies consistent. Furthermore, witnesses in capital cases bore a heavy responsibility, as they were often required to initiate the execution (Deuteronomy 17:7): "The hands of the witnesses shall be the first in putting him to death, and then the hands of all the people. You must purge the evil from among you."

New Testament Affirmation

The New Testament reaffirms the principle of requiring multiple witnesses, extending its application to the church and community life. In Matthew 18:16 , Jesus instructs, "But if he will not listen, take one or two others along, so that 'every matter may be established by the testimony of two or three witnesses.'" This echoes the Old Testament standard and emphasizes the importance of fairness and due process in resolving disputes.

The Apostle Paul also upholds this principle in his letters. In 2 Corinthians 13:1 , he writes, "This will be my third visit to you. 'Every matter must be established by the testimony of two or three witnesses.'" Paul applies this standard to church discipline, ensuring that accusations are substantiated before any action is taken.

Theological Implications

The requirement for multiple witnesses in capital cases reflects a deep respect for the sanctity of life and the need for justice to be tempered with mercy and caution. It acknowledges human fallibility and the potential for error in judgment. By mandating a high standard of evidence, the biblical law seeks to protect individuals from wrongful execution and uphold the integrity of the judicial process.

This principle also underscores the communal aspect of justice in the biblical worldview. The involvement of multiple witnesses and the community in the execution process highlights the collective responsibility to uphold righteousness and purge evil, while also ensuring that justice is not administered arbitrarily or unjustly.

In summary, the biblical mandate that the death penalty not be inflicted based on the testimony of fewer than two witnesses is a profound expression of the value placed on human life and the commitment to justice that is both fair and thorough.

Nave's Topical Index

Numbers 35:30
Whoever kills any person, the murderer shall be put to death by the mouth of witnesses: but one witness shall not testify against any person to cause him to die.
Nave's Topical Index

Deuteronomy 17:6
At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death.
Nave's Topical Index

Deuteronomy 19:15
One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sins: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
Nave's Topical Index

Library

Whether the Judicial Precepts were Suitably Framed as to the ...
... wool." The unruly son was slain, not because he ... The Old Law inflicted the death penalty
for the ... thief of other things it inflicted punishment by indemnification ...
/.../aquinas/summa theologica/whether the judicial precepts were 3.htm

Book 4 Footnotes
... the reason of the delay of the punishment of the ... escape, the offender must be put
to death, and not ... [30] This permission of redeeming this penalty with money ...
/.../josephus/the antiquities of the jews/book 4 footnotes.htm

Arrest and Trial of Jesus.
... upon those who asked them to inflict punishment for what ... it, had first of all to
endure its penalty. ... Tortures and death have been inflicted for ages in the ...
/.../renan/the life of jesus/chapter xxiv arrest and trial.htm

Meditations of the Misery of a Man not Reconciled to God in Christ ...
... them this one small thing, under the penalty of eternal ... in tormenting thee; where
shall be punishment without pity ... ever roaring in the pangs of death, and never ...
/.../bayly/the practice of piety/meditations of the misery of.htm

Colossians ii. 6, 7
... wounded Christ: but Christ, being wounded, did afterwards kill death. ... It hath no
penalty, nor saith it, If this ... be able both to escape the punishment, and to ...
/.../homily vi colossians ii 6.htm

Covenanting Enforced by the Grant of Covenant Signs and Seals.
... attention to it was enjoined under the greatest penalty. ... a judgment to come, an
everlasting punishment, and a ... men, and of bringing from spiritual death to life ...
/.../cunningham/the ordinance of covenanting/chapter xi covenanting enforced by.htm

How Christ Performed the Office of Redeemer in Procuring Our ...
... certainly had not his soul shared in the punishment, he would ... justice, the curse
is removed, and the penalty paid; still it is not by his death, but by ...
/.../the institutes of the christian religion/chapter 16 how christ performed.htm

Letter cii. (AD 409. )
... which have recently fallen under the stroke of death. ... by the sin is smitten by the
penalty, and so ... no contradiction between the eternity of punishment and the ...
/.../augustine/the confessions and letters of st/letter cii a d 409.htm

Justinian.
... slaughter as utter as that which Marius inflicted on the ... After Justinian's death,
the Romans sent an embassy to ... and shall acquire those which have not yet come ...
/.../allies/the formation of christendom volume vi/chapter iv justinian.htm

Letter x. To the Bishops of the Province of vienne. In the Matter ...
... that the tardiness of a brother's death is but a ... in the accusation must be subjected
to punishment: and he ... in its commission ought not to share in the penalty. ...
/.../leo/writings of leo the great/letter x to the bishops.htm