By David Ettinger

The death penalty has divided Christians for years, as well as the general population. Though you must judge for yourself the legitimacy of the death penalty today, at least when bringing the Bible into the discussion, let’s be more informed.
The Old Testament Mandate
God mandated the death penalty in the Old Testament. We see this in Genesis 9:6: “Whoever sheds human blood, by humans shall their blood be shed; for in the image of God has God made mankind.” Exodus 21:12 tells us: “Anyone who strikes a person with a fatal blow is to be put to death.” And Exodus 21:14 says: “But if anyone schemes and kills someone deliberately, that person is to be taken from my altar and put to death.”
Besides murder, the death penalty was given for kidnapping (Exodus 21:16), the striking or cursing of parents (Exodus 21:15, 17), and rape (Deuteronomy 22:25). Therefore, death as just punishment is the product of a holy, righteous, and judicious God.
What About “You Shall Not Murder”?
However, in the Ten Commandments we read, “You shall not murder” (Exodus 20:13). (Some Bible versions render this verse, “You shall not kill.”) This is the premier verse for those who oppose the death penalty.
The Hebrew word for both “kill” and “murder” in the Bible comes from the root ratsach. This root, in various forms, applies to unintentional manslaughter as in Deuteronomy 4:42; 19:4-7; and Joshua 20:3, and for the legal execution of a criminal, as found in Numbers 35:16-21.

Consider, too, that Exodus 21 and Deuteronomy 22:25 follow Exodus 20:13: “You shall not murder.” This is crucial because the death-penalty mandate follows the commandment not to murder. In other words, anti-death-penalty adherents love to quote Exodus 20:13 – “You shall not murder” – and yet in the very next chapter we are told that murderers and kidnappers are to be executed. What this means is that Exodus 20:13, “You shall not murder,” is directed at murderers. The command does not apply to those who kill accidentally or to soldiers and officers of the law because they are not committing murder, but carrying out justice.
So, it is safe to say that in the Old Testament economy the death penalty was absolutely mandated for murder and acts of violence such as kidnapping, rape, and the striking or cursing of parents. Therefore, modern-day anti-death-law adherents cannot use the OT – especially their pet verse, Exodus 20:13 – to support their point of view.
What about the New Testament?
In the New Testament, most of the Mosaic Law was made void because Jesus Christ fulfilled it (Matthew 5:17). This applied primarily to the sacrificial system and dietary laws. What did carry into the Church Era were many of the social laws, those dealing with relationships, civil justice, and sexual behavior.
Those laws which were rescinded – the dietary (Mark 7:19; Acts 10:14-15) and observing the Sabbath on a particular day (Matthew 12:1-8) – are specifically mentioned. Also specifically mentioned are sins still in force such as adultery (Matthew 5:27-28), homosexuality (Romans 1:18-32; 1 Corinthians 6:9-11), and blasphemy (Matthew 15:19).

There are other OT laws which continued into the Church Age but are not mentioned in the NT. One of these is incest. It is not mentioned in the NT because there was no occasion for it, but this does not mean that it has been declared “good” because Jesus did not mention it. This is similar to Jesus never mentioning homosexuality. He did not do so because homosexuality was not a considerable problem in Israel, the people Jesus came to. (Paul took up the issue when he brought the Gospel to Europe, where it was rampant.) But Jesus not mentioning homosexuality is not an endorsement of it. Rather, the law prohibiting this behavior was already “on the books” and therefore still intact.
The same holds true for the death-penalty laws of the OT. They were never rescinded in the NT, and therefore are still legitimate. However, we must remember that in the OT, the government was to be a theocracy – which means God is recognized as the supreme civil ruler. In a theocracy, God is both Judge and Jury and rules perfectly. He is incapable of error, meaning that if He sentenced someone to death, there was no doubt about it.
Today, however, the death penalty is trickier because there is room for doubt. Unless it’s an open-and-shut case, there is the possibility of executing an innocent person. Therefore, it is crucial to know as close to 100 percent as possible that the person being sentenced is the culprit.
The Bottom Line
The main point of this article is to show that the Bible cannot be used to nullify the death penalty. The death penalty is not “murder” but “justice.” Death-penalty objectors can make social and cultural arguments – and several are valid – but keep the Bible out of it.
May God give us wisdom and discernment to rightly comprehend, interpret, and apply His precious and life-changing Word.
Robert
February 5, 2020
What about Jesus and the woman caught in adultery, or even king David, guilty of both adultery and murder, but acquitted?
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dettinger47
February 5, 2020
Hi Robert. The Lord chose to show grace in these particular instances, which can certainly be the case today. Despite these instances, they did not cancel out the biblical laws, and there are no commandments canceling out the death penalty.
If you can show me something definitive, of course I’ll look at it.
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Robert
February 5, 2020
I was putting them out there to show that there is grace for repentant sinners of the worst kind. But I’m also aware of Romans 13. So I’m not anti death penalty in certain instances tbh.
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dettinger47
February 5, 2020
Good points, Robert. There is definitely grace for repentant sinners. Regarding “certain instances,” I’m with you — primarily in cases of cold-blooded murder where there is no shadow of a doubt. In other words, actually witnessed.
However, in cases where there is only circumstantial evidence (the alleged murder not witnessed), and the accused murder vehemently denies it, there can’t be execution. Must be 100 percent for sure.
Thanks for the excellent feedback, Robert.
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Robert
February 5, 2020
I think too of the dying thief/criminal/terrorist alongside Christ, who admitted he was getting what he deserved (but was nonetheless welcomed into paradise!)
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dettinger47
February 5, 2020
And that’s really the end-game, isn’t it? I know there have been many people who were sentenced to death because they murdered, but before being executed, they accepted Jesus into their lives and went immediately to be with the Lord upon execution.
As to your point, Moses, as well, comes to mind.
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Robert
February 5, 2020
True 🙂
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dettinger47
February 5, 2020
Oops, and just the one more thought … Of course the main point of this blog was not necessarily to argue the merits of the death penalty, but to counteract those who use the Bible to make their anti-death penalty arguments.
The real blame is on the English translators for writing, “You shall not kill.” It should be, “You shall not murder.” This was the intent of the commandment.
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Robert
February 5, 2020
Good point!
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seekingdivineperspective
February 5, 2020
– or Paul (formerly Saul) who killed Christians!
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heavensreef
February 5, 2020
Amen on all of this……very well explained David and thank you.
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dettinger47
February 5, 2020
Much thanks!
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Lisa Beth
February 5, 2020
Good points here, David. Do you think that executions also served as a fearful deterrent?
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dettinger47
February 5, 2020
I don’t know. I would need some kind of poll to determine if it does or not.
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mrsmariposa2014
February 5, 2020
You make some very good points here, David. As a rather sensitive soul, I admit I struggle with the whole concept of a death penalty. I know God is sovereign, His judgments righteous and pure. So, there’s no question it is there in the O.T. and it did not pass away. I think part of the question in me comes from trying to grasp when grace is called for and when to carry out the full measure of the law. As well as how it must be for those who have to do the actual carrying out. I know not everyone thinks about all that, but these are the queries that fill my mind and make my heart heavy. I guess that’s when to rely on His eternal wisdom and much prayer. 🙂At any rate, thanks for a good and wise post and an excellent comment section! Blessings to you!
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dettinger47
February 5, 2020
Thank you, Marisa. I appreciate the feedback.
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Sonrisa (Crissy)
February 5, 2020
Thank you for this post . Totally agree. I have had this discussion in the past to no avail .
How would explain as per Bible
teaching a soldier killing in the line of duty ?
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dettinger47
February 5, 2020
That’s not an issue. It’s permitted as per Roman’s 13:4.
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Sonrisa (Crissy)
February 5, 2020
Thank you
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seekingdivineperspective
February 5, 2020
Another interesting verse is Numbers 35:33. Sounds like murder “pollutes” the land with the blood of the innocent, and the way to “atone” for the land is with the blood of the murderer. Of course, this is OT, before Jesus took our sins on Himself and shed HIS blood. Still, without repentance all bets are off.
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dettinger47
February 5, 2020
Good verse reference.
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