Murder and the Death Penalty -NRA

The recent execution of two federal prisoners has reignited the smoldering fire of debate over the death penalty for murder here in the United States. As the debate has progressed, the fuzziness in the thinking of proponents on both sides has been apparent. Besides the occasional appeal that the death penalty is the requirement of "justice," most arguments on either side are essentially pragmatic in nature. How murder should be dealt with has been reduced to utilitarian concerns. Such a state is the result of man's assumed autonomy. Man believes that his own independent reason is the basis for determining what is true, good, and just; and in the death penalty debate this arrogance is abundantly evident.

Man's Creator, however, is not impressed with the reasoning of fallen man in regard to the death penalty for the crime of murder, and neither should those be who believe that they are created in the image of God. In the Bible, God reveals to man the necessity of punishing murder by death, and the foundational text on the subject is Genesis 9:5-6. The purpose of this article is to examine these verses in their context so as to discern God's revealed truth concerning murder and capital punishment.

The Noahic Covenant

The context of Genesis 9:5-6 is the establishment of God's covenant with Noah and his descendents. The emergence of Noah and those who were with him from the ark marked a new beginning for man and all the earth. The "old world" (2 Pet. 2:5), the original order that had constituted the world since creation, was gone forever. For this new beginning there were new provisions (including duties for man and changed natural conditions) and a new promise from God. This promise and these provisions are expressed in what we call the Noahic Covenant.

The central feature of the Noahic Covenant is preservation.1 The flood was a stupendous historical manifestation of the righteous judgment of God against sin. Will there be a repeat of such a cataclysmic display of God's wrath before the end of history? The Noahic Covenant answers that question with a definite no. God's plan in the covenants of promise calls for the preservation of the earth and the multiplication and preservation of human life, and the purpose of the Noahic Covenant is to establish the conditions for this preservation. During the period of time when the Noahic Covenant is in force, which according to Genesis 8:22 is "while the earth remaineth" (literally, "all the days of the earth"), the Lord will establish His covenant with Abraham and raise up from his loins the nation of Israel; send His Son to die for sin and ratify the New Covenant; join Jew and Gentile in one body; and, gathering His elect from all nations, establish His redemptive kingdom to the four corners of the earth. For all this to be accomplished, human life must be propagated, protected, and preserved; hence, the Covenant with Noah.

As can be seen, the text dealing with murder and its punishment is part of the provisions of the covenant. These provisions are three-fold.

First, man is commanded to be fruitful and multiply so that he might fill the earth (Gen. 9:1, 7). It is God's purpose to redeem a host that no man can number (as the stars of heaven and the sands of the seashore). This, along with the duty of taking dominion over all the earth, necessitates fruitfulness among men.

Second, animals are given into the hand of man to be used as he sees fit, including the use of animals for food (Gen. 9:2-4). Significantly, we are told that "the fear of you and the dread of you shall be upon every beast of the earth...." This strongly suggests that prior to that time this fear was not present. This helps to explain God's declaration to Noah that "the end of all flesh is come before me; for the earth is filled with violence through them; and behold I will destroy them with the earth" (Gen. 6:13). The words "all flesh" refer to both man and beast. Violence ruled the earth, not only by men attacking men, but by beasts who, without any natural fear of man, preyed upon human flesh. The shedding of human blood was rampant. So to rein in the bloodshed and preserve and protect human life, God put the fear of man in the beasts as part of His Noahic Covenant of preservation.

Third, God threatens vengeance against any who shed man's blood and institutes the death penalty for murder (Gen. 9:5-6). Having put the fear of man into beasts so that they would not shed human blood, God seeks, through the solemn warning that He will avenge murder, to put the fear of God in men so that they will not kill one another. The provisions of Genesis 9:5-6 are, then, given to protect and preserve human life from the violent tendency of man (which had full sway in the pre-flood world) to shed the blood of other men.2

The promise that God will preserve the earth and not destroy it again by a flood (Gen. 8:21; 9:11) and the provisions of the Noahic Covenant are a unity. Hence, they all continue as a unified covenantal administration from the flood until the last day of earth's history (Gen. 8:22; 9:15-16) when Christ comes to institute the new heavens and a new earth. Furthermore, the promises and provisions of the covenant are universal--with all men and for all generations until the end of history (Gen. 9:9-12). Therefore, the moral provisions of Genesis 9:5-6 remain binding as moral law (torah) for all men and nations. The actual content of the law of Genesis 9:5-6 now will be considered.

The Penalty for Murder

Having forbidden man to eat the blood of animals that have been killed for food (Gen. 9:4), the Lord now turns to the matter of human blood (Gen. 9:5). The connection here is expressed by Wenham: "Whereas an animal's blood may be shed but not consumed, human blood cannot even be shed."3 Genesis 9:5 reads:

This verse contains a solemn declaration by the Lord that He will have the deliberate shedding of human blood punished by death.

The verse opens with the adverb "surely." Here it functions to emphasize the certainty of what God will do in response to the shedding of human blood. It is as if the Lord said, "Let there be no doubt about my resolve to avenge murder."

The phrase, "your blood of your lives," means the blood that gives you life. The terminology is based on the scriptural principle that "the life of all flesh is the blood thereof" (Lev. 17:14). The most common use of the word "blood" in the Old Testament is in reference to the shedding of blood through violence. The present context requires that nuance. Hence, the connotation of the phrase is, "the shedding of your blood that gives you life," or, "the taking of your life through violence."

"Will I require" indicates what God will do in response to the violent taking of human life. The verb "require" means to seek, ask for, inquire, or demand. In the Old Testament when this verb was used in a legal context (such as we have here), it meant to investigate or search out a matter so as to render justice (cf. Deut. 13:14; 17:4, 9; 19:18). But as God Himself, who knows all things, does not need to investigate any matter, when the verb is used of Him it means that He will require justice; He will demand that His sentence of judgment is carried out (as does the judge in Deut. 17:9). The statement that God will "require" justice is made three times in the verse for emphasis. Combine this emphasis with the word "surely" and you have a categorical affirmation that if your blood is shed by violence, God will see to it that the murderer is punished. "God so highly estimates our life, that he will not suffer murder to go unavenged."4

The phrase "at the hand of" means "exact from," or "require of," i.e., God will exact justice by punishing the one who takes the life of a man.5 If a beast overcomes its natural fear of man and kills a man, then God will require vengeance upon that beast. The context suggests that the animal should die for killing a man, and the law in Exodus 21:28 explicitly states this by way of case law.

The words "at the hand of man" indicates that if a man murders another man, then God will exact vengeance from the murderer. But the murderer did not just kill another man, he killed his "brother." This is the sense of "at the hand of every man's brother." This reveals the dreadful nature of the crime, making every homicide a form of fratricide. We also have here echoes of Cain's murder of Abel: "Cain rose up against Abel his brother, and slew him. And the Lord said...the voice of thy brother's blood crieth unto me from the ground" (Gen. 4:8, 10; emphasis added). Every murderer carries on in the horrible "way of Cain" (Jude 11), who was so evil that he killed his own brother.

Having stated that murder will be punished, the Lord makes known the actual penalty by the words "will I require the life of man." God demands the life of the killer as satisfaction for the life that was so wickedly taken. That this is the sentence of judgment for murder is made clear in the opening words of Genesis 9:6:

As stated above, to shed another man's blood is to take that man's life from him by violence (cf. Gen. 37:22; Num. 35:33; Deut. 21:7; Prov. 6:17; Lam. 4:13; Rom. 3:15; Rev. 16:6). The verb "sheddeth" appears in this text as a participle, and it indicates a condition that requires a further consequence.6 Thus, the sense is: "If any man sheds another man's blood, then his blood must be shed." Those who would murder another man are put on notice that there will be a severe consequence for their vile deed.

The consequence is that "by man shall his blood be shed." This is a concise statement of the lex talionis principle of justice (cf. Ex. 21:23-25; Deut. 19:25). Wenham states, "The tight chiastic formulation (shed, blood, man, man, blood, shed) repeating each word of the first clause in reverse order in the second emphasizes the strict correspondence of punishment to offense...."7 According to the Word of God, justice requires a "strict correspondence" between the crime of murder and its penalty. This means that as the life of a man was taken in violence, so must the life of the murderer be taken in violence (i.e., by physical force used to deprive of life).8

Biblical law is unequivocal in its support of the death penalty for murder.9 If you include Genesis 9:5-6, then every book of the Pentateuch mandates death for murder (Ex. 21:12-14; Lev. 24:17; Num. 35:16-21; Deut. 19:11-17). This five-fold witness of the law of God must not be set aside! In the New Testament, the Apostle Paul states in his classic text on civil government (Rom. 13:1-6) that God has given the magistrate the power of the sword--the power to inflict capital punishment on those evildoers who are worthy of death. Paul himself says that if he has done anything worthy of death, he will submit to his punishment (Acts 25:11).

The Agent for Imposing the Penalty for Murder

The Lord reveals that the shedding of human blood must be punished. That punishment is specified in the lex talionis principle of justice: life for life. But how will the penalty of death be visited upon the murderer? Will God do so directly? Will angels carry out the sentence? The text of Genesis 9:6 states "by man shall his blood be shed," indicating that God has appointed man as His agent for imposing the penalty for murder.10 This comports with the lex talionis principle of retribution. As the victim experienced the horror of having another human being take his life, so must the murderer experience death at the hand of his fellow man.11 But those who execute the killer are not justified to act on account of their own sense of anger or reasons of personal vengeance, but only at the command of God and as His appointed minister of justice. In other words, they act by the authority of God as ministers of God's wrath (Rom. 13:4). God alone is the Lord of life and death, and no man has the right to take another man's life unless he is specifically instructed and empowered to do so by God Himself.12

The appointment of man in Genesis 9:6 as the agent of God for punishing murder is a significant development in human history. Here is a governing authority that is distinct from the governing authority of the family and the church. This sphere of government is called "civil government" so as to distinguish it from other forms of government. "Civil" comes from a Latin word that means "citizen," while the word "government" refers to the exercise of authority. Thus, "civil government" is the use of authority among the members of a particular community, state, etc.

What is the purpose of this exercise of authority? Genesis 9:6 implies and other Scriptures reveal that its purpose is to punish those who harm their neighbor in any way, and to make sure proper restitution is made for any loss suffered. Civil government is, then, a ministry of justice for the purpose of restraining the evil tendency in men to harm or exploit their neighbor so that the citizens might dwell in peace and safety (Rom. 13:1-6; 1 Tim. 2:2).

Without civil government, men would act individually to exact vengeance or restitution for loses suffered (or for perceived losses!). Law and justice would be defined and applied by each man individually, and the result would be anarchy--with every man a law unto himself, acting as judge, jury, and executioner on his own behalf. To avoid this chaos (which no doubt marked the pre-flood world), the Lord institutes civil government in the Noahic Covenant for the protection and preservation of men and the restraint of evil. In regard to Genesis 9:6, Luther comments:

Genesis 9:6 is embryonic in its revelation of civil government, beginning with the power to punish, and thus restrain, the high crime of murder. This text only implies what later Scriptures make clear concerning civil government: civil government requires a body of law defining the standards of justice (cf. Deut. 17:18-20), officers and judges to see that the law is carried out (cf. Deut. 16:18-20), and procedures for trial (cf. Deut. 17:4-13; 19:15-20).

The Reason for the Penalty for Murder

The word "for" introduces the rationale for the death penalty. Here, the question as to why the murderer should be put to death receives its chief answer. The man who shed the blood of another man ought to be put to death because his victim was made "in the image of God." The reason for the death penalty is that man has the high and unique status of being made in God's image.

The blood of animals could be shed and their flesh eaten (though not their blood), but man's blood cannot be shed, because the "life" contained therein is on a completely different level than the animals'. Man's life is unique because it is a reflection of God Himself. This is the basis for the oft-made statement that human life is sacred. As the image of God, man shows forth the glory of God in a way that no other aspect of creation can. Man is the image of God because he possesses a being and nature that is patterned after his Creator. He is also the image of God by virtue of the grant of dominion given to him by God. As such, he exercises his authority as God's representative. Therefore, murder is not just an affront to mankind, but also to God Himself, the One who made man in His image and the One who man represents on earth.

In regard to the stated reason for the death penalty, Vos gives a balanced perspective:

Not only does this writer agree with Vos that the latter interpretation be given preference,15 but so do the bulk of Christian interpreters. Calvin states in reference to Genesis 9:6:

On the basis of Genesis 9:6 Leupold contends that, "He who kills a man destroys God's image and lays profane hands on that which is divine."17 And Kaiser explains, "The person who destroys another person, who bears the image of God, does violence to God himself--as if he had killed God in effigy."18 Hodge's interpretation is similar to Kaiser's:

Hodge also makes the important observation here that the reason assigned for the death penalty "has as much force at one time or place as at any other." Since men continue to bear the image of God, murder continues to be an affront to the Divine Majesty, and "it is fair to say that this ordinance has permanent relevance and validity."21

The punishment of murder, then, has principal reference to God Himself. The chief reason for the death penalty is the satisfaction of the offended majesty of God. Therefore, the "murderer's life was owed to God; not to society, not to grieving loved ones, and not even as a preventive measure for more crimes of a similar nature."22 The primary basis for the death penalty is not practical considerations, but a theological truth--God created man in His own image.

But the context and later biblical law indicates that the death penalty also serves practical ends. The context of Genesis 9 is the Noahic Covenant of preservation. The law of Genesis 9:5-6 is designed to protect and preserve human life by putting man in fear of the consequence of killing his fellow man (see the discussion above under "The Noahic Covenant"). The fear of death at the hands of the magistrate will deter those who would otherwise be tempted to murder. Biblical law speaks of the effect that swift retribution has on other would be criminals when it says, "And those which remain shall hear and fear, and shall henceforth commit no more any such evil among you" (Deut. 19:20). 23

Conclusion

According to Genesis 9:6, capital punishment is the just retribution for murder. It alone can satisfy the offended honor of God, protect society from bloodshed, and cleanse the land of innocent blood.24 We close with the excellent summary of Geerhardus Vos on the meaning of Genesis 9:5-6:

William Einwechter is the vice president of the National Reform Association and editor of The Christian Statesman and the book Explicitly Christian Politics. He is an ordained minister and serves as a teaching elder at Immanuel Free Reformed Church in Ephrata, Pennsylvania. He may be reached at weinwechter@dejazzd.com.

Endnotes

1. O. Palmer Robertson in his book, The Christ of the Covenants (Phillipsburg, NJ: Presbyterian and Reformed Publishing Company, 1980) designates the Noahic Covenant as "The Covenant of Preservation" (p. 109).

2. This capacity for violence in man's nature did not disappear with the end of the flood. That human nature remained the same is evident from Genesis 6:5 and Genesis 8:21.

3. Gordon J. Wenham, Genesis 1-15 in Word Biblical Commentary, ed. David A. Hubbard, Glen W. Barker, and John D. W. Watts (Waco, TX: Word Books, 1987), p. 193.

4. John Calvin, Commentary on the First Book of Moses Called Genesis, trans. John King (Grand Rapids: Baker Book House [1847] 1989), p. 294.

6. Gesenius' Hebrew Grammar, ed. E. Kautzsch and A. E. Cowley (Oxford: Clarendon Press, 1910), p. 361.

8. The Bible does not prescribe the actual manner of execution for murder, but the tight chiastic structure of Genesis 9:6 suggests that the manner of execution should fit the way the murderer accomplished his nefarious deed. Our current obsession with making an execution as easy and painless for the killer as possible (i.e., lethal injection) does not comport with Genesis 9:6 and the lex talionis standard of judgment. For example, if a man killed with a gun, would not a firing squad be an appropriate means of execution? If a man killed by strangulation, would not hanging be a suitable way for the murderer to die? If a man has slain his "brother" with a knife, would not death by the sword by his just reward?

9. Biblical law also makes a distinction between murder and accidental manslaughter. Those who kill deliberately (in anger or with premeditation) are worthy of death; while those who kill another man having no intent to harm are not worthy of death (Ex. 21:12-14; Num. 35:11, 22-28; Deut. 19:4-10).

10. One of the chief arguments against the death penalty today is that men may err in its use and put an innocent man to death. That this might happen is a fearful prospect. However, God who appointed man to execute those worthy of death knew that in some cases men would err. But God knows what liberals do not: perfection is not attainable by fallible men in any area of life, yet men must still act if life is to go on.

The Lord has given specific biblical standards (e.g., civil statutes and case laws, the kind of men who are to serve as judges, punishment of false witnesses, the need for more than one witness--i.e., more than one line of evidence--to convict) to help ensure justice in the courts. When these standards are applied carefully, the chances of a mistaken conviction and execution are greatly reduced. But the biblical standards of civil law are the very standards that liberals (and many conservatives) refuse to abide by!

In addition, if the argument that we should not punish murder with death because we might make a mistake is accepted, then, logically, the argument should be applied to all crimes and all forms of punishment; thus eliminating the moral acceptability for any civil sanctions against criminals! To say in response that forms of punishment other than the death penalty are not final and can later be remedied is mere evasion, and also deceptive. A false conviction for any crime (and its attendant punishment) has the potential of completely ruining a man (e.g., a false conviction on a rape charge that sends a man to prison for 20 years, and brings on him a divorce and the loss of his health, job, home, and reputation--everything he holds dear); and every day spent in prison for a wrong conviction can never be relived; it is gone forever.

In criminal justice, men must make every effort to achieve a just result. However, when this does not happen we only can take solace that the judgment of God on the last day will make all things known and all things right.

11. Numbers 35:30 says, literally, "you shall slay the slayer." As he has slain his neighbor, so shall he be slain by his neighbors.

12. Specifically, this power is given to men only in cases where biblical law mandates the death penalty and in matters of self-defense against those who pose a real threat to another man's life (Ex. 22:2-3). The right to self-defense applies both individually and corporately. Thus, a war fought in self-defense against an aggressor nation is a "just war."

13. Martin Luther, Commentary on Genesis, 2 vols., trans. Theodore Mueller (Grand Rapids: Zondervan Publishing House, 1958), 1:167.

14. Geerhardus Vos, Biblical Theology: Old and New Testaments (Grand Rapids: Wm. B. Eerdmans Publishing Company, 1948), p.54.

15. Daniel Herrick suggests that the text implies that this is not an either/or question of interpretation but a both/and situation. Daniel Herrick, Why Execute Murderers? The Christian Statesman, vol 143, no. 2 (May-June 2000), pp. 11-12. This is an attractive position, but it seems to me that since this is the only appeal made to the image of God in regard to crime and its punishment, it has special reference to the reason why the criminal is to be punished by death, and not to the reason why man is empowered to carry out the sentence. After all, man acts as God's representative in all (cf. 2 Chron. 19:6-7) criminal prosecution and punishment, not just in the case of murder.

16. Calvin, Commentary on the First Book of Moses Called Genesis, pp. 295-296. And, we add, if the doctrine that murder is an assault on the majesty of God were deeply fixed in our minds, we should be much more willing than we are to execute those who commit so horrible a deed.

17. H. C. Leupold, Exposition of Genesis, 2 vols. (Grand Rapids: Baker Book House, 1942), 1:334.

18.Walter C. Kaiser, Jr., Toward Old Testament Ethics (Grand Rapids: Zondervan Publishing House, 1983), p. 167.

19. Charles Hodge, Systematic Theology, 3 vols. (Grand Rapids: Wm. B. Eerdmans Publishing Company, [1873] 1981), 3:362.

23. But the principle expressed in Ecclesiastes 8:11, "Because the sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil," indicates that the crime must be punished in a relatively short amount of time--not years after the crime, as it normally is in our "justice system"--for the punishment to have its proper deterrent effect.

National Reform Association,

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