Capital Punishment in Biblical Times

The death penalty has been a hot topic for a long time. In Biblical times, some crimes and offences could warrant capital punishment, particularly in the Old Testament days. Besides death, other common penalties for serious crimes were banishment from the community and beating.

Which Crimes Were Punishable by Death?

• Murder- Killing a human being could lead to capital punishment. If the crime was committed accidentally, the offender was supposed to go to one of three excluded cities. Otherwise, people could find the murderer and kill them for their crime. Capital punishment for murder applied only when the offender carried out the activity with malice. Killing animals was not punished by death. Instead, the offender would be required to make retributions.
• Disobedience to parents- A person who disobeyed, cursed or attacked their parents could be stoned to death. The parents had to report the offences to the elders first, and all the men of the community would come to stone the offender to death.
• Kidnapping- This could also be punished by death, whether or not the kidnapped person returned unharmed.
• Letting a dangerous animal loose- If a person owned a dangerous animal such as a bull, they had to make sure it does not kill anyone in the community. In case anyone got harmed by the animal, it would be killed along with the owner. The only exception is if the owner did not know how dangerous the animal was.
• Witchcraft- Sorcerers, dreamers, witches, and mediums also had to be killed.
• Human sacrifice- Killing children to appease Molek would warrant capital punishment, even if the offender was visiting Israel from another place.
• Bestiality- Anyone who had sex with an animal had to be murdered along with the abused animal.
• Working on the Sabbath- Work could only be done 6 days a week. In the book of Numbers, a man was found gathering wood on the Sabbath. Moses and Aaron had to mobilise the community to stone the man.
• Incest and adultery- Anyone who had sexual relations with a close member of their family had to be put to death. This includes having sexual relations with a woman and her daughter. Also, anyone who slept with a woman outside of marriage faced the same consequences.
• Homosexuality- According to the book of Leviticus, any man who was found engaging in homosexual acts had to face capital punishment.
• Prostitution- According to Leviticus, prostitutes were to be burned alive if they were the daughters of priests.
• Blasphemy- Moses had to organise the murder of a blasphemer when they were at a camp.
• False prophecy- If anyone lied to the people in the name of God or another deity, they would have to be killed as well.
• Perjury- False witnesses would get the same punishment the accused person was set to be given. If a person was a false witness in a case that was punishable by death, they would be killed instead for perjury.
• Contempt for judges and priests- This would also lead to capital punishment.
• Sex with a woman who was pledged to be married- In such cases, both partied would be stoned to death, particularly if the woman could have screamed for help.
• Falsely claiming to be a virgin at the time of marriage- If there is no evidence of a woman’s virginity at the time of marriage, the woman would be stoned.

How Effective Was Capital Punishment in the Old Testament?

Capital punishment was reserved for crimes that were seen as serious in traditional Jewish society. These crimes made a person unholy and, as such, tainted the entire nation of Israel. In reality, not many people ended up getting capital punishment since the Talmudic requirements were often hard to fulfil. Before killing someone, there had to be proof that the person knew the severity of their crime before committing it. There also had to be witnesses who could tell that the offender knew their actions would lead to their death. Capital punishment was applicable to many crimes because the traditional society did not have any form of prison system. It helped to instil fear in the people, and this reduced the instances of crime in the community.

Conclusion

Capital punishment was practised in the Old Testament. It applied to a variety of offences, including murder, incest and homosexuality. The death penalty was not frequently applied because of the traditional Talmudic requirements. However, it was part of the legal institution.

Site text and images are copyright of Tony Gray, 2018.