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"Is The Death Penalty Scriptural?"

By E. L. Bynum

"And surely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of man; at the hand of every man's brother will I require the life of man. Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man." (Genesis 9:5,6)

The controversy over the "death penalty" continues to rage in our nation. It is being debated in our courts, newspapers and pulpits. Persuasive arguments have been developed by both sides. However, it is not our purpose to refute or expound these arguments, but rather to declare the teaching of the Bible on this subject. For the Christian, the Bible should settle the issue once and for all!

I. God Instituted The Death Penalty

It was God who said, "Whoso sheddeth man's blood, by man shall his blood be shed ..." Men may argue against the death penalty, but how can they claim to know more than God? Where is the man who knows what is best for the human race, better than almighty God?

The first principles of the death penalty go back to Genesis 2:17, where God said to Adam and Eve, " . . . in the day that thou eatest thereof thou shalt surely die." More than their spiritual death was involved. They were spiritually separated from God the very day they sinned. However, the aging process also began and Adam died at the age of 930.

The Death Penalty Was Made A Part Of The Law

When god gave the LAW and the JUDGEMENTS to Moses at Mt. Sinai, He said, "He that smiteth a man, so that he die, shall be surely put to death." (Exodus 21:12). Over and over again in Exodus 21, we see that God sets the death penalty for certain crimes. The death penalty is supported by many Old Testament scriptures. See Exodus 21:12,14,15,17; Leviticus 24:17; Numbers 35:16-18; Deuteronomy 24:7; etc. God ordered Joshua and Israel to execute the death penalty upon Achan. See Joshua 7:15.

God Himself Executed The Death Penalty Upon Sinners

On numerous occasions, God has executed the death penalty Himself. One whole generation suffered the death penalty from God, with the exception of Noah and his family. All others perished in the flood sent by God. See Genesis 6,7.

God exercised the death penalty upon all the people of Sodom, except for Lot and part of his family. See Genesis 19.

The New Testament also records a number of instances where God carried out the death penalty against selected individuals. God took the life of Ananias, because he lied to the Holy Ghost. His wife suffered the same fate. See Acts 5:1-11. God used an angel to carry out the death penalty against Herod. Acts 12:23.

II. God Instructed Human Government To Exercise the Death Penalty

The very day that God instituted human government, He made the death penalty mandatory for murder and instructed human government to carry it out! "Whoso sheddeth man's blood, BY MAN shall his blood be shed . . ." (Genesis 9:6). "And God spake unto Noah, and to his sons with him, saying, And I, behold, I establish my covenant with you, and with your seed after you;. . . And God said, This is the token of the covenant which I make between me and you and every living creature that is with you, for perpetual generations." (Genesis 9:8,9,12).

Dr. C. I. Scofield says about the dispensation of human government and the death penalty as follows: "The declaration of the Noahic Covenant subjects humanity to a new test. Its distinctive feature is the institution, for the first time, of human government--the government of man by man. the highest function of government is the judicial taking of life. All other governmental powers are implied in that . . . Man is responsible to govern the world for God."

"The State must be founded upon JUSTICE, and in human society justice can only be maintained by punishment . . . Those who are appointed to administer the law, and make effectual the sanctions of it, have a duty to do for society in the name of God. Murder is the most extreme violation of the brotherly relation of mankind, and is to be punished accordingly. The penal power, attributable to God alone, is here committed to the hands of man." From Delitzsche's comments on Genesis 9:6.

Arthur W. Pink says of Genesis 9:6, "Here we have instituted the principle of all human government. The sword of magisterial authority is, for the first time, committed into the hands of man. Before the flood, there does not seem to have been any recognized form of human government designed for the suppression of crime and the punishment of evil doers. Cain murdered his brother, but his own life was spared. Lamech also slew a man, but there is no hint that he had to defend himself before any tribunal that had been ordained by God. But now, after the flood, capital punishment as the penalty of murder is ordained, ordained by God Himself, ordained centuries before the giving of the Mosaic law, and therefore, universally binding until the end of time. It is important to observe that the reason for this law is not here based upon the well-being of man, but is grounded upon the basic fact that man is made 'in the image of God.' This expression has at least a twofold significance--a natural and a moral. The moral image of God in man was lost at the Fall, but the natural has been preserved as is clear from I Corinthians 11:7, and James 3:9. It is primarily because man is made in the image of God that it is sinful to slay him." At this point Pink quotes Andrew Fuller as follows, "To deface the King's image is a sort of treason among men, implying a hatred against him, and that if he himself were within reach he would be served in the same manner. How much more treasonable, then, must it be to destroy, curse, oppress, or in any way abuse the image of the King of kings!"

III. God Has Never Repealed The Death Penalty

The death penalty was instituted over 800 years before the Law was given at Mt. Sinai. therefore, it cannot be charged that the death penalty was under the Law and does not apply to us today.

The Law Did Not Repeal The Death Penalty

Opponents of the death penalty often quote "Thou shalt not kill", Exodus 10:13. This verse does not in any way repeal the death penalty! Surely we do not believe that God was so confused that he repealed the death penalty in Exodus 20:13, and then contradicted Himself by saying, "He that smiteth a man, so that he die, shall be surely put to death", in Exodus 21:12. "Thou shalt not kill", is God's law, and Exodus 21:12 is God's commandment to human government to punish those who violate that law.

Laws have little value, unless there is a punishment for those who violate the laws. Our nation's laws would be largely disobeyed unless there was a penalty for breaking those laws. Few people would bother to obey the income tax laws, unless there was a serious penalty for disobeying these laws. One of the most serious of human crimes is the taking of the life of another, and God has set the death penalty for those who murder.

The New Testament Does Not Repeal The Death Penalty

Many sincere souls imagine that the New Testament removed the death penalty. Jesus did not come to destroy the LAW. See Matthew 5:17-19. Even if He did, this would not have repealed the death penalty, because it was instituted over 800 years before the law.

The death penalty was a firmly established principle of law among the Romans and the Jews, yet Jesus Christ never condemned that law. Jesus Himself was one who suffered the death penalty, although He was guilty of no sin, yet He never complained.

The repentant thief voiced his approval of the death penalty, yet Jesus did not correct him. "And one of the malefactors which were hanged railed on him, saying, If thou be Christ, save thyself and us. But the other answering rebuked him, saying, Dost not thou fear God, seeing thou art in the same condemnation? AND WE INDEED JUSTLY; for we receive the due reward of our deeds: but this man hath done nothing amiss." (Luke 23:39-41).

Paul believed in the death penalty and was ready to submit to it, if he was proven guilty. As Paul stood on trial before Festus, he said, "For if I be an offender, or have committed any thing worthy of death, I refuse not to die: but if there be none of these things whereof these accuse me, no man may deliver me unto them. I appeal unto Caesar." (Acts 25:11).

Human government with its power to punish evil, (even to execute the death penalty), is clearly taught in the New Testament. See Romans 13:1-7. The ruler "is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil." (Romans 13:4). The sword is the death weapon, not a paddle. The death penalty is strongly implied here, though unstated.

"But we know that the law is good, if a man use it lawfully; Knowing this, that the law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for MURDERERS of fathers and MURDERERS of mothers, for MANSLAYERS." (I Timothy 1:8,9). Paul is here referring to the Old Testament Law and the penalties it invoked. He does not here refute the death penalty, but rather seems to approve it by implication.

In James 2:10-13 and I Peter 2:13-15, the scriptures refer to rulers, lawbreakers and punishment, but in none of these can we find the death penalty refuted. If there was any change in the New Testament concerning the death penalty, surely it would be clearly stated here or elsewhere. Instead we read, " . . he that killeth with the sword must be killed with the sword." (Revelation 13:10).

Jesus was crucified, John the Baptist was beheaded, Stephen was stoned to death, and James was killed by Herod. All of these suffered the death penalty, although none of them deserved to die. If the death penalty was out of date and had been repealed, then it is reasonable to believe that the inspired apostles would have spoken out against the death penalty. Although they did not approve of the unjust sentences upon the above individuals, they did not speak out against the laws of capital punishment. Why? We believe they did not, because they believed in lawful and just capital punishment.

IV. The Death Penalty Is The Foundation Of Salvation

From a human standpoint the death penalty executed on Jesus Christ was unjust, but from a Divine standpoint it was only justice. How could this be? He was guilty of no sin or stain, therefore man was wrong in putting Him to death! Yet, He "bore our sins in his own body on the tree",therefore from God's standpoint He had to die for justice to be done. See I Peter 2:24 and II Corinthians 5:21. I as a sinner deserved to die, but Jesus died in my place. Only in this manner could both LAW and GRACE be satisfied. Only in this manner could God's JUSTICE and MERCY be satisfied.

If there had been no death penalty at the time of the cross, there could be no salvation for the sinner today. If the do-gooders could have frustrated the purpose of God by repealing the death penalty among the Romans and Jews, we would all be lost in our sin today!!!!

There Is An Eternal Death Penalty For The Unsaved

Every unsaved person who remains in that condition will suffer an ETERNAL DEATH PENALTY. "The soul that sinneth, it shall die." (Ezekiel 18:4). "Sin when it is finished, bringeth forth death." (James 1:15). "The wicked shall be turned into hell, and all the nations that forget God." (Psalms 9:17). "And whosoever was not found written in the book of life was cast into the lake of fire." (Revelation 20:15).

Yes, there is indeed an eternal death penalty for everyone who refuses to repent and believe on Jesus Christ as Lord and Saviour. "And death and hell were cast into the lake of fire. THIS IS THE SECOND DEATH." (Revelation 20:14).

Some of the same scriptures that tell us of this "ETERNAL DEATH PENALTY", also tell us of a way to have eternal life and to escape the second death. "For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord." (Romans 6:23). "He that believeth on him is not condemned; but he that believeth not is condemned already, because he hath not believed in the name of the only begotten Son of God. . . He that believeth on the Son hath everlasting life: and he that believeth not the Son shall not see life; but the wrath of God abideth on him." (John 3:18,36).

We close this message with the words of our Lord and Saviour Jesus Christ, who alone is able to save from this eternal death penalty. "I said therefore unto you, that ye shall die in your sins: for if ye believe not that I am he, ye shall die in your sins." (John 8:24).

TRACT #B-320 ORDER FROM:
TABERNACLE BAPTIST CHURCH, E. L. Bynum, Pastor
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