Bible Commentaries

PENAL SANCTIONS

Leviticus 20:1-27

In no age or community has it been found sufficient, to secure obedience, that one should appeal to the conscience of men, or depend, as a sufficient motive, upon the natural painful consequences of violated law. Wherever there is civil and criminal law, there, in all cases, human government, whether in its lowest or in its most highly developed forms, has found it necessary to declare penalties for various crimes. It is the peculiar interest of this chapter that it gives us certain important sections of the penal code of a people whose government was theocratic, whose only King was the Most Holy and Righteous God. In view of the manifold difficulties which are inseparable from the enactment and enforcement of a just and equitable penal code, it must be to every man who believes that Israel, in that period of its history, was, in the most literal sense, a theocracy, a matter of the highest civil and governmental interest to observe what penalties for crime were ordained by infinite wisdom, goodness, and righteousness as the law of that nation.

This penal code (Leviticus 20:1-21) is given in two sections. Of these, the first (Leviticus 20:1-6) relates to those who give of their seed to Molech, or who are accessory to such crime by their concealment of the fact; and also to those who consult wizards or familiar spirits. Under this last head also comes Leviticus 20:27, which appears to have become misplaced, as it follows the formal conclusion of the chapter, and by its subject-the penalty for the wizard, or him who claims to have a familiar spirit-evidently belongs immediately after Leviticus 20:6.

The second section (Leviticus 20:9-21) enumerates, first (Leviticus 20:9-16), other cases for which capital punishment was ordered: and then (Leviticus 20:17-21) certain offences for which a lesser penalty is prescribed. These two sections are separated (Leviticus 20:7-8) by a command, in view of these penalties, to sanctification of life, and obedience to the Lord, as the God who has redeemed and consecrated Israel to be a nation to Himself.

These penal sections are followed (Leviticus 20:22-26) by a general conclusion to the whole law of holiness, as contained in these three chapters, as also to the law concerning clean and unclean meats (chapter 11); which would thus appear to have been originally connected more closely than now with these chapters. This closing part of the section consists of an exhortation and argument against disobedience, in walking after the wicked customs of the Canaanitish nations; enforced by the declaration that their impending expulsion was brought about by God in punishment for their practice of these crimes; and, also, by the reminder that God in His special grace had separated them to be a holy nation to Himself, and that He was about to give them the good land of Canaan as their possession.

It is perhaps hardly necessary to observe that the law of this chapter does not profess to give the penal code of Israel with completeness. Murder, for example, is not mentioned here, though death is expressly denounced against it elsewhere. {Numbers 35:31} So, again, in the Book of Exodus {Exodus 21:15} death is declared as the penalty for smiting father or mother. Indeed, the chapter itself contains evidence that it is essentially a selection of certain parts of a more extended code, which has been nowhere preserved in its entirety.

In this chapter death is ordained as the penalty for the following crimes: viz., giving of one’s seed to Molech (Leviticus 20:2-5); professing to be a wizard, or to have dealings with the spirits of the dead (Leviticus 20:27); adultery, incest with a mother or step-mother, a daughter-in-law or mother-in-law (Leviticus 20:10-12, Leviticus 20:14); and sodomy and bestiality (Leviticus 20:13). In a single case-that of incest with a wife’s mother-it is added (Leviticus 20:14) that both the guilty parties shall be burnt with fire; i.e., after the usual infliction of death by stoning. Of him who becomes accessory by concealment to the crime of sacrifice to Molech, it is said (Leviticus 20:5) that God Himself will set His face against that man, and will cut off both the man himself and his family. The same phraseology is used (Leviticus 20:6) of those who consult familiar spirits: and the cutting off is also threatened, Leviticus 20:18. The law concerning incest with a full- or half-sister requires (ver. 17) that this excision shall be "in the sight of the children of their people"; i.e., that the sentence shall be executed in the most public way, thus to affix the more certainly, to the crime the stigma of an indelible ignominy and disgrace. A lesser grade of penalty is attached to an alliance with the wife of an uncle or of a brother; in the latter case (Leviticus 20:21) that they shall be childless, in the former (Leviticus 20:20), that they shall die childless; that is, though they have children, they shall all be prematurely cut off; none shall outlive their parents. To incest with an aunt by blood no specific penalty is affixed; it is only said that "they shall bear their iniquity," i.e., God will hold them guilty.

The chapter, directly or indirectly, casts no little light on some most fundamental and practical questions regarding the administration of justice in dealing with criminals.

We may learn here what, in the mind of the King of kings, is the primary object of the punishment of criminals against society. Certainly there is no hint in this code of law that these penalties were specially intended for the reformation of the offender. Were this so, we should not find the death penalty applied with such unsparing severity. This does not indeed mean that the reformation of the criminal was a matter of no concern to the Lord; we know to the contrary. But one cannot resist the conviction in reading this chapter, as also other similar portions of the law, that in a governmental point of view this was not the chief object of punishment. Even where the penalty was not death, the reformation of the guilty persons is in no way brought before us as an object of the penal sentence. In the governmental aspect of the case, this is, at least, so far in the background that it does not once come into view.

In our day, however, an increasing number maintain that the death penalty ought never to be inflicted, because, in the nature of the case, it precludes the possibility of the criminal being reclaimed and made a useful member of society; and so, out of regard to this and other like humanitarian considerations, in not a few instances, the death penalty, even for wilful murder, has been abrogated. It is thus, to a Christian citizen, of very practical concern to observe that in this theocratic penal code there is not so much as an allusion to the reformation of the criminal, as one object which by means of punishment it was intended to secure. Penalty was to be inflicted, according to this code, without any apparent reference to its bearing on this matter. The wisdom of the Omniscient King of Israel, therefore, must certainly have contemplated in the punishment of crime some object or objects of more weighty moment than this.

What those objects were, it does not seem hard to discern. First and supreme in the intention of this law is the satisfaction of outraged justice and of the regal majesty of the supreme and holy God, defiled; the vindication of the holiness of the Most High against that wickedness of men which would set at nought the Holy One and overturn that moral order which He has established. Again and again the crime itself is given as the reason for the penalty, inasmuch as by such iniquity in the midst of Israel the holy sanctuary of God among them was profaned. We read, for example, "I will cut him off because he hath defiled My sanctuary, and hath profaned My holy name; they have wrought confusion," i.e., in the moral and physical order of the family; "their blood shall be upon them"; "they have committed abomination; they shall surely be put to death"; "it is a shameful thing; they shall be cut off." Such are the expressions which again and again ring through this chapter; and they teach with unmistakable clearness that the prime object of the Divine King of Israel in the punishment was, not the reformation of the individual sinner, but the satisfaction of justice and the vindication of the majesty of broken law. And if we have no more explicit statement of the matter here, we yet have it elsewhere; as in Numbers 35:33, where we are expressly told that the death penalty to be visited with unrelenting severity on the murderer is of the nature of an expiation. Very clear and solemn are the words, "Blood, it polluteth the land: and no expiation can be made for the land for the blood that is shed therein, but by the blood of him that shed it." But if this is set forth as the fundamental reason for the infliction of the punishment, it is not represented as the only object. If, as regards the criminal himself, the punishment is a satisfaction and expiation to justice for his crime, on the other hand, as regards the people, the punishment is intended for their moral good and purification. This is expressly stated, as in Leviticus 20:14 : "They shall be burnt with fire, that there be no wickedness among you." Both of these principles are of such a nature that they must be of perpetual validity. The government or legislative power that loses sight of either of them is certain to go wrong, and the people will be sure, sooner or later, to suffer in morals by the error.

In the light we have now, it is easy to see what are the principles according to which, in various cases, the punishments were measured out. Evidently, in the first place, the penalty was determined, even as equity demands, by the intrinsic heinousness of the crime. With the possible exception of a single case, it is easy to see this. No one will question the horrible iniquity of the sacrifice of innocent children to Molech; or of incest with a mother, or of sodomy, or bestiality. A second consideration which evidently had place, was the danger involved in each crime to the moral and spiritual well being of the community; and, we may add, in the third place, also the degree to which the people were likely to be exposed to the contagion of certain crimes prevalent in the nations immediately about them.

But although these principles are manifestly so equitable and benevolent as to be valid for all ages, Christendom seems to be forgetting the fact. The modern penal codes vary as widely from the Mosaic in respect of their great leniency, as those of a few centuries ago in respect of their undiscriminating severity. In particular, the past few generations have seen a great change with regard to the infliction of capital punishment. Formerly, in England, for example, death was inflicted, with intolerable injustice, for a large number of comparatively trivial offences; the death penalty is now restricted to high treason and killing with malice aforethought; while in some parts of Christendom it is already wholly abolished. In the Mosaic law, according to this chapter and other parts of the law, it was much more extensively inflicted, though, it may be noted in passing, always without torture. In this chapter it is made the penalty for actual or constructive idolatry, for sorcery, etc., for cursing father or mother, for adultery, for the grosser degrees of incest, and for sodomy and bestiality. To this list of capital offences the law elsewhere adds, not only murder, but blasphemy, sabbath breaking, unchastity in a betrothed woman when discovered after marriage, rape, rebellion against a priest or judge, and man stealing,

As regards the crimes specified in this particular chapter, the criminal law of modern Christendom does not inflict the penalty of death in a single possible case here mentioned; and, to the mind of many, the contrasted severity of the Mosaic code presents a grave difficulty. And yet, if one believes, on the authority of the teaching of Christ, that the theocratic government of Israel is not a fable, but a historic fact, although he may still have much difficulty in recognising the righteousness of this code, he will be slow on this account either to renounce his faith in the Divine authority of this chapter, or to impugn the justice of the holy King of Israel in charging Him with undue severity; and will rather patiently await some other solution of the problem, than the denial of the essential equity of these laws. But there are several considerations which, for many, will greatly lessen, if they do not wholly remove, the difficulty which the case presents.

In the first place, as regards the punishment of idolatry with death, we have to remember that, from a theocratic point of view, idolatry was essentially high treason, the most formal repudiation possible of the supreme authority of Israel’s King. If even in our modern states, the gravity of the issues involved in high treason has led men to believe that death is not too severe a penalty for an offence aimed directly at the subversion of governmental order, how much more must this be admitted when the government is not of fallible man, but of the most holy and infallible God? And when, besides this, we recall the atrocious cruelties and revolting impurities which were inseparably associated with that idolatry, we shall have still less difficulty in seeing that it was just that the worshipper of Molech should die. And as decreeing the penalty of death for sorcery and similar practices, it is probable that the reason for this is to be found in the close connection of these with the prevailing idolatry.

But it is in regard to crimes against the integrity and purity of the family that we find the most impressive contrast between this penal code and those of modern times. Although, unhappily, adultery and, less commonly, incest, and even, rarely, the unnatural crimes mentioned in this chapter, are not unknown in modern Christendom, yet, while the law of Moses punished all these with death, modern law treats them with comparative leniency, or even refuses to regard some forms of these offences as crimes. What then? Shall we hasten to the conclusion that we have advanced on Moses? that this law was certainly unjust in its severity? or is it possible that modern law is at fault, in that it has fallen below those standards of righteousness which rule in the kingdom of God?

One would think that by any man who believes in the Divine origin of the theocracy only one answer could be given. Assuredly, one cannot suppose that God judged of a crime with undue severity; and if not, is not then Christendom, as it were, summoned by this penal code of the theocracy-after making all due allowance for different conditions of society-to revise its estimate of the moral gravity of these and other offences? In these days of continually progressive relaxation of the laws regulating the relations of the sexes, this seems indeed to be one of the chief lessons from this chapter of Leviticus; namely, that in God’s sight sins against the seventh commandment are not the comparative trifles which much over charitable and easygoing morality imagines, but crimes of the first order of heinousness. We do well to heed this fact, that not merely unnatural crimes, such as sodomy, bestiality, and the grosser forms of incest, but adultery, is by God ranked in the same category as murder. Is it strange? For what are crimes of this kind but assaults on the very being of the family? Where there is incest or adultery, we may truly say the family is murdered; what murder is to the individual, that, precisely, are crimes of this class to the family. In the theocratic code these were, therefore, made punishable with death; and, we venture to believe, with abundant reason. Is it likely that God was too severe? or must we not rather fear that man, ever lenient to prevailing sins, in our day has become falsely and unmercifully merciful, kind with a most perilous and unholy kindness?

Still harder will it be for most of us to understand why the death penalty should have been also affixed to cursing or smiting a father or a mother, an extreme form of rebellion against parental authority. We must, no doubt, bear in mind, as in all these cases, that a rough people like those just emancipated slaves, required a severity of dealing which with finer natures would not be needed; and, also, that the fact of Israel’s call to be a priestly nation bearing salvation to mankind, made every disobedience among them the graver crime, as tending to so disastrous issues, not for Israel alone, but for the whole race of man which Israel was appointed to bless. On an analogous principle we justify military authority in shooting the sentry found asleep at his post. Still, while allowing for all this, one can hardly escape the inference that, in the sight of God, rebellion against parents must be a more serious offence than many in our time have been wont to imagine. And the more that we consider how truly basal to the order of government and of society is both sexual purity and the maintenance of a spirit of reverence and subordination to parents, the easier we shall find it to recognise the fact that if in this penal code there is doubtless great severity, it is yet the severity of governmental wisdom and true paternal kindness on the part of the high King of Israel: who governed that nation with intent, above all, that they might become in the highest sense "a holy nation" in the midst of an ungodly world, and so become the vehicle of blessing to others. And God thus judged that was better that sinning individuals should die without mercy, than that family government and family purity should perish, and Israel, instead of being a blessing to the nations, should sink with them into the mire of universal moral corruption.

And it is well to observe that this law, if severe, was most equitable and impartial in its application. We have here, in no instance, torture; the scourging which in one case is enjoined, is limited elsewhere to the forty stripes save one. Neither have we discrimination against any class, or either sex; nothing like that detestable injustice of modern society which turns the fallen woman into the street with pious scorn, while; it often receives the betrayer and even the adulterer-in most cases the more guilty of the two-into "the best society." Nothing have we here, again, which could justify by example the insistence of many, through a perverted humanity, when a murderess is sentenced for her crime to the scaffold, her sex should purchase a partial immunity from the penalty of crime. The Levitical law is as impartial as its Author; even if death be the penalty, the guilty one must die whether man or woman.

Quite apart, then, from any question of detail, as to how far this penal code ought to be applied under the different conditions of modern society, this chapter of Leviticus assuredly stands as a most impressive testimony from God against the humanitarianism of our age. It is more and. more the fashion, in some parts of Christendom, to pet criminals; to lionize murderers and adulterers, especially if in high social station. We have even heard of bouquets and such like sentimental attentions bestowed by ladies on blood-red criminals in their cells awaiting the halter; and a maudlin pity quite too often usurps among us the place of moral horror at crime and intense sympathy with the holy justice and righteousness of God. But this Divine government of old did not deal in flowers and perfumes; it never indulged criminals, but punished them with an inexorable righteousness. And yet this was not because Israel’s King was hard and cruel. For it was this same law which with equal kindness and equity kept a constant eye of fatherly care upon the poor and the stranger, and commanded the Israelite that he love even the stranger as himself. But, none the less, the Lord God who declared Himself as merciful and gracious and of great kindness, also herein revealed Himself, according to his word, as one who would "by no means clear the guilty." This fact is luminously witnessed by this penal code; and, let us note, it is witnessed by that penal law of God which is revealed in nature also. For this too punishes without mercy the drunkard, for example, or the licentious man, and never diminishes one stroke because by the full execution of penalty the sinner must suffer often so terribly. Which is just what we should expect to find, if indeed the God of nature is the One who spake in Leviticus.

Finally, as already suggested, this chapter gives a most weighty testimony against the modern tendency to a relaxation of the laws which regulate the relations of the sexes. That such a tendency is a fact is admitted by all; by some with gratulation, by others with regret and grave concern. French law, for instance, has explicitly legalized various alliances which in this law God explicitly forbids, under heavy penal sanctions, as incestuous; German legislation has moved about as far in the same direction; and the same tendency is to be observed, more or less, in all the English-speaking world. In some of the United States, especially, the utmost laxity has been reached, in laws which, under the name of divorce, legalise gross adultery, - laws which had been a disgrace to pagan Rome. So it goes. Where God announces the death penalty, man first apologises for the crime, then lightens the penalty, then abolishes it, and at last formally legalises the crime. This modern drift bodes no good; in the end it can only bring disaster alike to the well being of the family and of the State. The maintenance of the family in its integrity and purity is nothing less than essential to the conservation of society and the stability of good government.

To meet this growing evil, the Church needs to come back to the full recognition of the principles which underlie this Levitical code; especially of the fact that marriage and the family are not merely civil arrangements, but Divine institutions; so that God has not left it to the caprice of a majority to settle what shall be lawful in these matters. Where God has declared certain alliances and connections to be criminal, we shall permit or condone them at our peril. God rules, whether modern majorities will it or not; and we must adopt the moral standards of the kingdom of God in our legislation. or we shall suffer. God has declared that not merely the material well being of man, but holiness, is the moral end of government and of life; and He will find ways to enforce His will in this respect. "The nation that will not serve Him shall perish." All this is not theology, merely, or ethics, but history. All history witnesses that moral corruption and relaxed legislation, especially in matters affecting the relations of the sexes, bring in their train sure retribution, not in Hades, but here on earth. Let us not miss of taking the lesson by imagining that this law was for Israel, but not for other peoples. The contrary is affirmed in this very chapter (Leviticus 20:23-24), where we are reminded that God visited His heavy judgments upon the Canaanitish nations precisely for this very thing, their doing of these things which are in this law of holiness forbidden. Hence "the land spued them out." Our modern democracies, English, American, French, German, or whatever they be, would do well to pause in their progressive repudiation of the law of God in many social questions, and heed. this solemn warning. For, despite the unbelief of multitudes, the Holy One still governs the world, and it is certain that He will never abdicate his throne of righteousness to submit any of his laws to the sanction of a popular vote.