Meaning
(1) death in the form of stoning, burning, beheading, or strangling, etc.;
(2) exile to one of the cities of refuge in case of manslaughter (Nu 35); or
(3) stripes, not to exceed 40, in practice 39 or less (Deut 25:3, 2Cor 11:24).
Offences against property (theft, fraudulent conversion of deposit, embezzlement, robbery) were punished by exacting more than the value of the things taken (Lu 19:8), the excess going to the injured party, thus differing from a fine, which goes into the treasury of the community. The housebreaker was liable to be slain with impunity (Ex 22:2). A fine in the modern sense is unknown in the Scriptures, unless Le 5:6-19 be interpreted as referring to such.
1. History of the Hebrew Law concerning Punishment:
The earliest theory of punishment seems to have been that of retaliation-"blood for blood"-and to some extent this principle appears even in the Law of Moses (Lev 21:19, Lev 21:20, Matt 5:38). Early in the history of the race, punishment was administered for sin and crime. Adam and Eve were driven from the Garden, and Cain, the first murderer, though not executed in retaliation for his deed, had a mark set on him. The words of Lamech (Ge 4:24) indicate that death was regarded as the fitting punishment for murder, and the same thought apparently was in the minds of the brethren of Joseph (Ge 42:21). Judah, as head of his family, seems to have had power of life and death (Ge 38:24), and Abimelech threatens his people with the extreme punishment in case they injure or insult Isaac or his wife (Ge 26:11). Similar power is ascribed to Pharaoh (Ge 41:13).
2. The Mosaic Law concerning Punishment:
Under the Law of Moses, the murderer was to be put to death without mercy. Even if he took refuge at the altar in a sanctuary or in an asylum city, he would not be immune from arrest and execution, and the same principle was applied in the case of an animal (Exod 21:12, Exod 21:14, Exod 21:23, Exod 21:28, Exod 21:36 parallel). but punishment under the Mosaic Law was not to be entailed or transmitted (De 24:16), as was the case among the Chaldeans (Da 6:24) and the kings of Israel (2Kgs 9:26).
It has been noted that capital punishment is extensively prescribed by the Mosaic Law, and undoubtedly the Law was carried out. This circumstance has been explained by reference to the fact that the nation consisted of newly emancipated slaves, and therefore required harsh measures to keep them in check.
Under the Mosaic Law, the offenses that made one liable to the punishment of death were:
(1) striking or reviling a parent (Exod 21:15, Exod 21:17);
(2) blasphemy (Lev 24:14, Lev 24:16, Lev 24:23, 1Kgs 21:10, Matt 26:65, Matt 26:66);
(3) Sabbath-breaking (Exod 31:14, Exod 35:2, Num 15:32-36);
(4) witchcraft and false pretension to prophecy (Exod 22:18, Lev 20:27, Deut 13:5, Deut 18:20, 1Sam 28:9);
(5) adultery (Lev 20:10, Deut 22:22);
(6) unchastity:
(a) before marriage, but detected afterward (De 22:21),
(b) in case of a woman with someone other than her betrothed (De 22:23),
(c) in a priest's daughter (Le 21:9);
(7) rape (De 22:25);
(8) incestuous and unnatural connections (Exod 22:19, Lev 20:11, Lev 20:14, Lev 20:16);
(9) man-stealing (Ex 21:16);
(10) idolatry, actual or virtual, in any form (Lev 20:2, Deut 13:6, Deut 17:2-7);
(11) false witness in capital cases (Deut 19:16, Deut 19:19).
A large number of offenses come under the law of punishment by cutting off from the people, the meaning of which expression has led to some controversy. It may signify excommunication or death, and occurs in connection with the following offenses:
(1) breach of morals, such as willful sin in general (Num 15:30, Num 15:31); incestuous or unclean connections (Le 18:29, 29:9-21);
(2) breach of covenant, brought about through uncircumcision (Gen 17:14, Exod 4:24), neglect of Passover (Nu 9:13), Sabbath-breaking (Ex 31:14), neglect of Atonement Day (Le 23:29), work done on the Atonement Day (Le 23:30), children offered to Molech (Le 20:3), witchcraft (Le 20:6), anointing an alien with holy oil (Ex 30:33);
(3) breach of ritual, committed by eating leavened bread during Passover (Exod 12:15, Exod 12:19), eating fat of sacrifices (Le 7:25), eating blood (Lev 7:27, Lev 17:14), eating sacrifices while unclean (Lev 7:20, Lev 7:21, Lev 22:3, Lev 22:4, Lev 22:9), offering too late (Le 19:8), making holy ointment for private use (Exod 30:32, Exod 30:33), making perfume for private use (Ex 30:38), general neglect of purification (Num 19:13, Num 19:20), not bringing offering after slaying a beast for food (Le 17:9), slaying the animal at a place other than the tabernacle door (Le 17:4), touching holy things illegally (Num 4:15, Num 4:18, Num 4:20).
Of capital punishments that are properly regarded as of Hebrew origin, we note:
(1) Stoning
Stoning, which was the ordinary mode of execution (Exod 19:13, Lev 20:27, Josh 7:25, Luke 20:6, Acts 7:58, Acts 14:5). The witnesses, of whom there were at least two, were required to cast the first stone (Deut 13:9, John 8:7). If these failed to cause death, the bystanders proceeded to complete the sentence, whereupon the body was to be suspended until sunset (De 21:23).
(2) Hanging
Hanging is mentioned (Num 25:4, Deut 21:22), probably not as a mode of execution, but rather of exposure after death. It may have been a Canaanitish punishment, since it was practiced by the Gibeonites on the sons of Saul (2Sam 21:6, 2Sam 21:9).
(3) Burning
Burning, before the age of Moses, was the punishment of unchastity (Ge 38:24). The Law prescribes it as a punishment in the case of a priest's daughter (Le 21:9), and in case of incest (Le 20:14), but it is also mentioned as following death by other means (Jos 7:25), and some believe it was never used except after death. That it was sometimes used as a punishment on living persons among the heathen is shown by Da 3.
(4) The Sword or Spear
The sword or spear as an instrument of punishment is named in the Law (Exod 19:13, Exod 32:27, Num 25:7). It occurs frequently in monarchic and post-Bab times (Judg 9:5, 1Sam 15:33, 2Sam 20:22, 1Kgs 19:1, Jer 26:23, Matt 14:8, Matt 14:10), but among these cases, there are some of assassination rather than of punishment.
(5) Strangling
Strangling as a form of punishment has no Scripture authority, but according to tradition was frequently employed, and is said to have been performed by immersing the convict in clay or mud, and then strangling him by a cloth tied around the neck.
3. Punishments of Foreign Origin: Besides these, which are to be regarded as the ordinary capital punishments, we read of some that were either of foreign introduction or of an irregular kind, such as:
(1) crucifixion (which see);
(2) drowning (Mt 18:6 parallel);
(3) sawing asunder or crushing (2Sam 12:31, Heb 11:37);
(4) torturing (1Chr 20:3, Heb 11:35);
(5) precipitation (2Chr 25:12, Luke 4:29);
(6) suffocation (2Macc 13:4-8).
The Persians are said to have filled a high tower a great way up with ashes, and then to have thrown the criminal into it, and continually stirred up the ashes by means of a wheel till he was suffocated (Rawlinson, Ancient Monarchy, III, 246).
See also HEROD, II, 100.
Secondary forms of punishment not heretofore mentioned are to be noted as follows:
(1) Blinding or Putting Out of Eyes
Blinding or putting out of eyes in the case of captives (Judg 16:21, 1Sam 11:2, 2Kgs 25:7).
(2) Chaining
Chaining by means of manacles or fetters of copper or iron, similar to our handcuffs fastened on the wrists and ankles and attached to each other by a chain (Judg 16:21, 2Sam 3:34, 2Kgs 25:7); also alluded to in the life of Paul (Acts 28:20, Eph 6:20, 2Tim 1:16); and in the case of Peter (Ac 12:6).
(3) Confiscation of Property
Confiscation of property that had fallen under the ban, i.e. had been singled out for destruction by the special decree of Yahweh, as in Num 21:2, Josh 6:17; or had been reserved for the use of the army (Deut 2:35, Deut 20:14, Josh 22:8); or given over to the priesthood (Jos 6:19). The term may be extended to include all things vowed or sanctified and those irrevocably devoted or consecrated to God (Lev 27:21, Lev 27:28). The idea is applied with special emphasis to those things which, because of their uncleanness, must not be used by the Israelites, though, through their warfare with the heathen, they might have come into possession of them (Deut 7:26, 1Sam 15:16-23).
(4) Dashing in Pieces (Ps 2:9, Isaiah 13:18).
(5) Divine Visitation.
See VISITATION.
(6) Exposure to Wild Beasts (Lev 26:22, 1Sam 17:46; Daniel 6).
(7) Flaying
(Rawlinson, Ancient Monarchy, I, 478; Nineveh and Babylon; mentioned figuratively in Mic 3:3).
(8) Forfeiture (Ezra 10:8).
(9) Gallows
Gallows in the modern sense probably were unknown to the ancients. Where the word occurs in Esth 5:14, Esth 6:4, Esth 7:9, Esth 7:10, Esth 9:13, Esth 9:15, it probably refers to a beam or pole on which the body was impaled and then elevated to a height of 50 cubits as an object of warning to the people (see "Hanging").
(10) Imprisonment
Imprisonment is frequently referred to in both the Old Testament and the New Testament, indicating that this was a common mode of punishment among both the Israelites and other nations (Gen 40:3, Gen 42:17, Lev 24:12, Num 15:34, 1Kgs 22:27, Jer 37:15, Jer 37:21, Luke 3:20, Acts 4:3, Acts 4:10, Acts 23:10; and the Epistles of Paul).
See PRISON.
(11) Indignities.
In this term may be included all those outbursts of vengeance or other evil dispositions that were practiced in times or under circumstances when liberties with the prisoner were permitted on the part of bystanders or those who had charge beyond the execution of the judicial decree. Instances are found in the life of Christ (Matt 26:59, Matt 26:67, Luke 22:63, John 18:22); also in the life of Paul (Ac 23:2).
(12) Mutilation (Judges 1:6,7, Eze 23:25; 2 Maccabees 7).
The Law was opposed to thus treating any Israelite, and Samuel, when referring to the arbitrary power of the future king (1Sa 8:10), does not say that he would thus treat "their sons." It was a barbarous custom of the East (see EUNUCH; POLYGAMY), evidently regarded, among the Hebrews, as a heinous practice (De 23:1). The only act authorizing mutilation (except in retaliation) is mentioned in De 25:11.
(13) Plucking Off the Hair
Plucking off the hair is alluded to as a mode of punishment in Neh 13:25, Isa 50:6.
(14) Prison Garments
Prison garments were in vogue to mark the convicts (Jer 52:33).
(15) Restitution
Restitution has been alluded to in the general introduction to this topic.
(16) Retaliation
Retaliation was recognized by Moses as a principle, but the application of it was left to the judge (Le 24:19-22). A fine example of it is found in the law of De 19:19.
(17) Scorpions, Chastising with.
Probably the use of thongs armed with pointed pieces of lead or other metal (1Kgs 12:11, 2Chr 10:14).
See SCORPIONS.
(18) Scourging.
See separate article.
(19) Slavery.
See separate article.
(20) Stocks.
See PRISON.
Frank E. Hirsch
