Crimes And Punishments
VIEW:16 DATA:01-04-2020
CRIMES AND PUNISHMENTS.The term crimes is here used loosely in the sense of punishable offences, including not merely crimes (crimina) in the sense of breaches of the criminal law in the modern sense, and torts (delicta) or breaches of the civil law, but also those offences in the sphere of religion and worship to which definite penalties were attached. Within the limits of this article it is possible to present only a summary of the more important and typical punishable offences recognized in the various Hebrew law-codes. The latter, indicated by the usual symbols, are: (1) BC, the oldest code, known as the Book of the Covenant, Exo_20:22 to Exo_23:33, with which for convenience sake is joined the Decalogue of Exo_20:2-17; (2) D [Note: Deuteronomist.] , the Deuteronomic Code, Deu_12:1-32; Deu_13:1-18; Deu_14:1-29; Deu_15:1-23; Deu_16:1-22; Deu_17:1-20; Deu_18:1-22; Deu_19:1-21; Deu_20:1-20; Deu_21:1-23; Deu_22:1-30; Deu_23:1-25; Deu_24:1-22; Deu_25:1-19; Deu_26:1-19; Deu_27:1-26; Deu_28:1-68; (3) H [Note: Law of Holiness.] , the Holiness Code, Lev_17:1-16; Lev_18:1-30; Lev_19:1-37; Lev_20:1-27; Lev_21:1-24; Lev_22:1-33; Lev_23:1-44; Lev_24:1-23; Lev_25:1-55; Lev_26:1-46; and (4) P [Note: Priestly Narrative.] , the great collection of laws known as the Priests Code, and comprising the rest of the legislative material of the Pentateuch. In the case of P [Note: Priestly Narrative.] alone will it be necessary to name the books (Ex., Lv., or Nu.) to which reference is made.
The penal offences of the Pentateuch may be conveniently grouped under the three heads of crimes against J″ [Note: Jahweh.] , against society (including property), and against the individual.
1. A. Crimes against J″ [Note: Jahweh.] , or offences in the sphere of religion and worship.Although it is true that misdemeanours of every kind were in the last resort offences against J″ [Note: Jahweh.] , who was regarded as the only fountain of law and justice, it will be convenient to group under this head those belonging to the special sphere of religious belief and its outward expression in worship. Among these the first place must be given to the worship of heathen deitiescondemned in the strongest terms in BC (from 20:3 onwards) and D [Note: Deuteronomist.] and of the heavenly bodies, D [Note: Deuteronomist.] Deu_17:3 (cf. Deu_4:19). The penalty is death under the ban (BC Deu_22:20, D [Note: Deuteronomist.] Deu_13:12 ff. [see Ban]), or by stoning (D [Note: Deuteronomist.] Deu_17:5). Inseparable from this form of apostasy is the crime of idolatry, entailing the curse of God (D [Note: Deuteronomist.] Deu_27:15). Blasphemy, or profanation of the Divine name, is forbidden in all the codes; the penalty is death by stoning (H [Note: Law of Holiness.] Deu_24:13 ff.). The practice of magic, wizardry, and similar black arts, exposes their adepts and those who resort to them to the same penalty (H [Note: Law of Holiness.] DEU 20:27).
2. The punishment for doing any work on the Sabbath day is death, but only in the later legislation (Exo_31:15 [probably H [Note: Law of Holiness.] ] Exo_35:2 [P [Note: Priestly Narrative.] ]; cf. the very late Haggadic section, Num_15:32 ff.). For neglect of ordinances, to use a familiar phrase, such as failing to observe the fast of the Day of Atonement (H [Note: Law of Holiness.] Num_23:29), or to keep the Passover (Num_9:13 [P [Note: Priestly Narrative.] ], an offender was liable to be cut off from his people; see below). This was also the punishment prescribed for a number of offences that may be grouped under the head of sacrilege, such as partaking of blood (Lev_7:27 [P [Note: Priestly Narrative.] ]), and the unauthorized manufacture and use of the holy anointing oil (Exo_30:32 f. [P [Note: Priestly Narrative.] ]).
3. B. Crimes against Society.As the family, according to Hebrew ideas, was the unit of society, the crimes that mar the sanctities of family life may be taken first. Such pre-eminently was adultery, severely condemned in all the codes, the punishment for both parties being death (D [Note: Deuteronomist.] Deu_22:22, H [Note: Law of Holiness.] Deu_20:10). In a case of seduction the man was required to marry her whom he had wronged, if her father gave consent (BC Deu_22:16 f.), paying the latter a dowry, i.e. the usual purchase price (see Marriage), estimated in D [Note: Deuteronomist.] Deu_22:29 at 50 shekels of silver. On the other hand, the penalty for rape, if the victim was betrothed, was death (D [Note: Deuteronomist.] Deu_22:25 ff.), as it was for unnatural crimes like sodomy (H [Note: Law of Holiness.] Deu_18:22, Deu_20:13 thou shalt not lie with mankind as with womankind) and bestiality (BC Deu_22:19, H [Note: Law of Holiness.] Deu_20:15 f.). The marriage of near kin is forbidden in H [Note: Law of Holiness.] Deu_18:6-18 under seventeen heads (see Marriage). Incest with a step-mother or a daughter-in-law was punishable by the death of both parties (H [Note: Law of Holiness.] Deu_20:11 f.), while for a man to marry a wife and her mother was a crime that could be expiated only by the death of all three, and that, as many hold (see below), by being burnt alive (ib. Deu_20:14). Ordinary prostitution is condemned by H [Note: Law of Holiness.] 19:29 (cf. D [Note: Deuteronomist.] Deu_22:21)for a priests daughter the punishment was even death by burning (Deu_21:9)while the wide-spread heathen practice of establishing religious prostitutes, male and female, at the local sanctuaries is specially reprobated in D [Note: Deuteronomist.] Deu_23:17 f., where the male prostitute is to be recognized under the inexact term sodomite, and the contemptuous dog.
4. To carry disrespect for ones parents to the extent of smiting (BC 21:15), or cursing them (BC 21:17, H [Note: Law of Holiness.] 20:9), or even of showing persistent contumacy (D [Note: Deuteronomist.] Deu_21:18 ff.), entailed the extreme penalty of death at the hands of the local authorities.
5. Everything that would tend to impair the impartial and effective administration of justice is emphatically condemned in the Hebrew codes, the giving and receiving of bribes, in particular, being forbidden even in the oldest legislation (BC 23:8 for a gift blindeth them that have sight). Against those who would defeat the ends of justice by perjury and false witness, the law is rightly severe (D [Note: Deuteronomist.] Deu_19:15 ff.). Tale-bearing (H [Note: Law of Holiness.] 19:16), and the spreading of a report known to be false (BC 23:1), are condemned, while in the more heinous case of a man slandering his newly-wedded wife, the elders of the city are to amerce him in an hundred shekels (D [Note: Deuteronomist.] Deu_22:18-21).
6. Property had also to be protected against theft (BC 20:15) and burglary (22:2), with which may be classed the crime of removing the boundary-stones of a neighbours property to increase ones own (D [Note: Deuteronomist.] 19:14), and the use of false weights and measures (D [Note: Deuteronomist.] Deu_25:15 ff., H [Note: Law of Holiness.] 19:35ff.). The earliest code likewise deals with trespass (BC 22:5), and arson, or wilful fire-raising (ib. v. 6), for which the penalty in either case was restitution.
7. C. Crimes against the Individual.BC 21:1526 deals with various forms of assault, a crime to which the pre-Mosaic jus talionis (see below) was specially applicable. Kidnapping a freeman was a criminal offence involving the death penalty (BC 21:16, D [Note: Deuteronomist.] Deu_24:17). Murder naturally has a place in the penal legislation of all the codes from BC 20:13 onwards. The legislators, as is well known, were careful to distinguish between murder deliberately planned and executed (BC 21:14, D [Note: Deuteronomist.] Deu_19:11 ff.) and unpremeditated homicide or manslaughter (BC 21:13, D [Note: Deuteronomist.] 19:4ff., and esp. P [Note: Priestly Narrative.] , Num_35:9 ff.). The former, with certain exceptions (BC 21:20, 22:2), entailed capital punishment in accordance with the fundamental principle laid down in Gen_9:6; in the case of the manslayer special provision was made for the mitigation of the ancient right of blood revenge (see Refuge [Cities of]).
8. Punishments.From the earliest period of which we have any record two forms of punishment prevailed among the Hebrews and their Semitic kinsfolk, viz. retaliation and restitution. Retaliation, the jus talionis of Roman law, received its classical expression in the oldest Hebrew code: thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe (BC 21:23f.). The talio, as has already been mentioned, was specially applicable in cases of injury from assault. When life had been taken, whether intentionally or unintentionally, the right of enforcing the jus talionis lay with the dead mans next of kin (see Kin [Next of]).
In BC restitution varies from fivefold for an ox, and fourfold for a sheep that has been stolen and thereafter killed or sold, to twofold if the animal is still in the thiefs possession (BC 22:14), and finally to a simple equivalent in the case of wilful damage to a neighbours property (ib. v. 5f.). Compensation by a money payment was admitted for loss of time through bodily injury (BC 21:19), for loss of property (vv. 3335), but not, in Hebrew law, for loss of life, except in the cases mentioned BC 21:30. The payments of 100 shekels and 50 shekels respectively ordained in D [Note: Deuteronomist.] Deu_22:19; Deu_22:29 appear to the modern eye as fines, but fall in reality under the head of compensation paid to the father of the women in question.
9. In the penal code of the Hebrews there is a comparative lack of what may be termed intermediate penalties. Imprisonment, for example, has no place in the Pentateuch codes as an authorized form of punishment, although frequent cases occur in later times and apparently with legal sanction (see Ezr_7:26). The use of the stocks also was known to the Jewish (Jer_20:2 f.) as well as to the Roman authorities (Act_16:24). Beating with rods and scourging with the lash were also practised. The former seems intended in D [Note: Deuteronomist.] Deu_25:1 ff., but later Jewish practice substituted a lash of three thongs, thirteen strokes of which were administered (cf. 2Co_11:24). Many, however, would identify the punishment of this passage of D [Note: Deuteronomist.] with the favourite Egyptian punishment of the bastinado. Mutilation, apart from the talio, appears only as the penalty for indecent assault (D [Note: Deuteronomist.] Deu_25:11 f.).
10. The regular form of capital punishment was death by stoning, which is prescribed in the Pentateuch as the penalty for eighteen different crimes, including Sabbath-breaking. For only one crimemurderis it the penalty in all the codes. The execution of the criminal took place outside the city (H [Note: Law of Holiness.] 24:14), and according to D [Note: Deuteronomist.] Deu_17:7 the witnesses in the case cast the first stone (cf. Joh_8:7). In certain cases the dead body of the malefactor was impaled upon a stake; this, it can hardly be doubted, is the true rendering of D [Note: Deuteronomist.] Deu_21:22 f. (AV [Note: Authorized Version.] hang him on a tree), and of the same expression elsewhere. Hanging or strangulation is mentioned only as a manner of suicide (2Sa_17:23, Mat_27:5). Crucifixion, it need hardly be said, was a Roman, not a Jewish, institution. Beheading appears in Mat_14:10||, Act_12:2, Rev_20:4.
11. The meaning of the expression frequently found in P [Note: Priestly Narrative.] , to be cut off from his people, from Israel, etc., is uncertain; most probably it denotes a form of excommunication, with the implication that the offender is handed over to the judgment of God, which also seems to be intended by the banishment of Ezr_7:26 (note margin). A similar division of opinion exists as to the penalty of burning, which is reserved for aggravated cases of prostitution (H [Note: Law of Holiness.] 21:9) and incest (20:19). Here the probability seems in favour of the guilty parties being burned alive (cf. Gen_38:24), although many scholars hold that they were first stoned to death. The most extreme form of punishment known to the codes, in that a whole community was involved, is that of total destruction under the ban of the first degree (see Ban) prescribed for the crime of apostasy (BC 22:20, more fully D [Note: Deuteronomist.] Deu_13:15-17).
A. R. S. Kennedy.
Hastings' Dictionary of the Bible
Edited by James Hastings, D.D. Published in 1909
The penal offences of the Pentateuch may be conveniently grouped under the three heads of crimes against J″ [Note: Jahweh.] , against society (including property), and against the individual.
1. A. Crimes against J″ [Note: Jahweh.] , or offences in the sphere of religion and worship.Although it is true that misdemeanours of every kind were in the last resort offences against J″ [Note: Jahweh.] , who was regarded as the only fountain of law and justice, it will be convenient to group under this head those belonging to the special sphere of religious belief and its outward expression in worship. Among these the first place must be given to the worship of heathen deitiescondemned in the strongest terms in BC (from 20:3 onwards) and D [Note: Deuteronomist.] and of the heavenly bodies, D [Note: Deuteronomist.] Deu_17:3 (cf. Deu_4:19). The penalty is death under the ban (BC Deu_22:20, D [Note: Deuteronomist.] Deu_13:12 ff. [see Ban]), or by stoning (D [Note: Deuteronomist.] Deu_17:5). Inseparable from this form of apostasy is the crime of idolatry, entailing the curse of God (D [Note: Deuteronomist.] Deu_27:15). Blasphemy, or profanation of the Divine name, is forbidden in all the codes; the penalty is death by stoning (H [Note: Law of Holiness.] Deu_24:13 ff.). The practice of magic, wizardry, and similar black arts, exposes their adepts and those who resort to them to the same penalty (H [Note: Law of Holiness.] DEU 20:27).
2. The punishment for doing any work on the Sabbath day is death, but only in the later legislation (Exo_31:15 [probably H [Note: Law of Holiness.] ] Exo_35:2 [P [Note: Priestly Narrative.] ]; cf. the very late Haggadic section, Num_15:32 ff.). For neglect of ordinances, to use a familiar phrase, such as failing to observe the fast of the Day of Atonement (H [Note: Law of Holiness.] Num_23:29), or to keep the Passover (Num_9:13 [P [Note: Priestly Narrative.] ], an offender was liable to be cut off from his people; see below). This was also the punishment prescribed for a number of offences that may be grouped under the head of sacrilege, such as partaking of blood (Lev_7:27 [P [Note: Priestly Narrative.] ]), and the unauthorized manufacture and use of the holy anointing oil (Exo_30:32 f. [P [Note: Priestly Narrative.] ]).
3. B. Crimes against Society.As the family, according to Hebrew ideas, was the unit of society, the crimes that mar the sanctities of family life may be taken first. Such pre-eminently was adultery, severely condemned in all the codes, the punishment for both parties being death (D [Note: Deuteronomist.] Deu_22:22, H [Note: Law of Holiness.] Deu_20:10). In a case of seduction the man was required to marry her whom he had wronged, if her father gave consent (BC Deu_22:16 f.), paying the latter a dowry, i.e. the usual purchase price (see Marriage), estimated in D [Note: Deuteronomist.] Deu_22:29 at 50 shekels of silver. On the other hand, the penalty for rape, if the victim was betrothed, was death (D [Note: Deuteronomist.] Deu_22:25 ff.), as it was for unnatural crimes like sodomy (H [Note: Law of Holiness.] Deu_18:22, Deu_20:13 thou shalt not lie with mankind as with womankind) and bestiality (BC Deu_22:19, H [Note: Law of Holiness.] Deu_20:15 f.). The marriage of near kin is forbidden in H [Note: Law of Holiness.] Deu_18:6-18 under seventeen heads (see Marriage). Incest with a step-mother or a daughter-in-law was punishable by the death of both parties (H [Note: Law of Holiness.] Deu_20:11 f.), while for a man to marry a wife and her mother was a crime that could be expiated only by the death of all three, and that, as many hold (see below), by being burnt alive (ib. Deu_20:14). Ordinary prostitution is condemned by H [Note: Law of Holiness.] 19:29 (cf. D [Note: Deuteronomist.] Deu_22:21)for a priests daughter the punishment was even death by burning (Deu_21:9)while the wide-spread heathen practice of establishing religious prostitutes, male and female, at the local sanctuaries is specially reprobated in D [Note: Deuteronomist.] Deu_23:17 f., where the male prostitute is to be recognized under the inexact term sodomite, and the contemptuous dog.
4. To carry disrespect for ones parents to the extent of smiting (BC 21:15), or cursing them (BC 21:17, H [Note: Law of Holiness.] 20:9), or even of showing persistent contumacy (D [Note: Deuteronomist.] Deu_21:18 ff.), entailed the extreme penalty of death at the hands of the local authorities.
5. Everything that would tend to impair the impartial and effective administration of justice is emphatically condemned in the Hebrew codes, the giving and receiving of bribes, in particular, being forbidden even in the oldest legislation (BC 23:8 for a gift blindeth them that have sight). Against those who would defeat the ends of justice by perjury and false witness, the law is rightly severe (D [Note: Deuteronomist.] Deu_19:15 ff.). Tale-bearing (H [Note: Law of Holiness.] 19:16), and the spreading of a report known to be false (BC 23:1), are condemned, while in the more heinous case of a man slandering his newly-wedded wife, the elders of the city are to amerce him in an hundred shekels (D [Note: Deuteronomist.] Deu_22:18-21).
6. Property had also to be protected against theft (BC 20:15) and burglary (22:2), with which may be classed the crime of removing the boundary-stones of a neighbours property to increase ones own (D [Note: Deuteronomist.] 19:14), and the use of false weights and measures (D [Note: Deuteronomist.] Deu_25:15 ff., H [Note: Law of Holiness.] 19:35ff.). The earliest code likewise deals with trespass (BC 22:5), and arson, or wilful fire-raising (ib. v. 6), for which the penalty in either case was restitution.
7. C. Crimes against the Individual.BC 21:1526 deals with various forms of assault, a crime to which the pre-Mosaic jus talionis (see below) was specially applicable. Kidnapping a freeman was a criminal offence involving the death penalty (BC 21:16, D [Note: Deuteronomist.] Deu_24:17). Murder naturally has a place in the penal legislation of all the codes from BC 20:13 onwards. The legislators, as is well known, were careful to distinguish between murder deliberately planned and executed (BC 21:14, D [Note: Deuteronomist.] Deu_19:11 ff.) and unpremeditated homicide or manslaughter (BC 21:13, D [Note: Deuteronomist.] 19:4ff., and esp. P [Note: Priestly Narrative.] , Num_35:9 ff.). The former, with certain exceptions (BC 21:20, 22:2), entailed capital punishment in accordance with the fundamental principle laid down in Gen_9:6; in the case of the manslayer special provision was made for the mitigation of the ancient right of blood revenge (see Refuge [Cities of]).
8. Punishments.From the earliest period of which we have any record two forms of punishment prevailed among the Hebrews and their Semitic kinsfolk, viz. retaliation and restitution. Retaliation, the jus talionis of Roman law, received its classical expression in the oldest Hebrew code: thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe (BC 21:23f.). The talio, as has already been mentioned, was specially applicable in cases of injury from assault. When life had been taken, whether intentionally or unintentionally, the right of enforcing the jus talionis lay with the dead mans next of kin (see Kin [Next of]).
In BC restitution varies from fivefold for an ox, and fourfold for a sheep that has been stolen and thereafter killed or sold, to twofold if the animal is still in the thiefs possession (BC 22:14), and finally to a simple equivalent in the case of wilful damage to a neighbours property (ib. v. 5f.). Compensation by a money payment was admitted for loss of time through bodily injury (BC 21:19), for loss of property (vv. 3335), but not, in Hebrew law, for loss of life, except in the cases mentioned BC 21:30. The payments of 100 shekels and 50 shekels respectively ordained in D [Note: Deuteronomist.] Deu_22:19; Deu_22:29 appear to the modern eye as fines, but fall in reality under the head of compensation paid to the father of the women in question.
9. In the penal code of the Hebrews there is a comparative lack of what may be termed intermediate penalties. Imprisonment, for example, has no place in the Pentateuch codes as an authorized form of punishment, although frequent cases occur in later times and apparently with legal sanction (see Ezr_7:26). The use of the stocks also was known to the Jewish (Jer_20:2 f.) as well as to the Roman authorities (Act_16:24). Beating with rods and scourging with the lash were also practised. The former seems intended in D [Note: Deuteronomist.] Deu_25:1 ff., but later Jewish practice substituted a lash of three thongs, thirteen strokes of which were administered (cf. 2Co_11:24). Many, however, would identify the punishment of this passage of D [Note: Deuteronomist.] with the favourite Egyptian punishment of the bastinado. Mutilation, apart from the talio, appears only as the penalty for indecent assault (D [Note: Deuteronomist.] Deu_25:11 f.).
10. The regular form of capital punishment was death by stoning, which is prescribed in the Pentateuch as the penalty for eighteen different crimes, including Sabbath-breaking. For only one crimemurderis it the penalty in all the codes. The execution of the criminal took place outside the city (H [Note: Law of Holiness.] 24:14), and according to D [Note: Deuteronomist.] Deu_17:7 the witnesses in the case cast the first stone (cf. Joh_8:7). In certain cases the dead body of the malefactor was impaled upon a stake; this, it can hardly be doubted, is the true rendering of D [Note: Deuteronomist.] Deu_21:22 f. (AV [Note: Authorized Version.] hang him on a tree), and of the same expression elsewhere. Hanging or strangulation is mentioned only as a manner of suicide (2Sa_17:23, Mat_27:5). Crucifixion, it need hardly be said, was a Roman, not a Jewish, institution. Beheading appears in Mat_14:10||, Act_12:2, Rev_20:4.
11. The meaning of the expression frequently found in P [Note: Priestly Narrative.] , to be cut off from his people, from Israel, etc., is uncertain; most probably it denotes a form of excommunication, with the implication that the offender is handed over to the judgment of God, which also seems to be intended by the banishment of Ezr_7:26 (note margin). A similar division of opinion exists as to the penalty of burning, which is reserved for aggravated cases of prostitution (H [Note: Law of Holiness.] 21:9) and incest (20:19). Here the probability seems in favour of the guilty parties being burned alive (cf. Gen_38:24), although many scholars hold that they were first stoned to death. The most extreme form of punishment known to the codes, in that a whole community was involved, is that of total destruction under the ban of the first degree (see Ban) prescribed for the crime of apostasy (BC 22:20, more fully D [Note: Deuteronomist.] Deu_13:15-17).
A. R. S. Kennedy.
Hastings' Dictionary of the Bible
Edited by James Hastings, D.D. Published in 1909
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