Punishments

(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 (De 25:3; 2Co 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 (Le 21:19,20; Mt 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:

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 (Ex 21:15,17);

(2) blasphemy (Le 24:14,16,23; 1Ki 21:10; Mt 26:65,66);

(3) Sabbath-breaking (Ex 31:14; 35:2; Nu 15:32-36);

(4) witchcraft and false pretension to prophecy (Ex 22:18; Le 20:27; De 13:5; 18:20; 1Sa 28:9);

(5) adultery (Le 20:10; De 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),

(7) rape (De 22:25);

(8) incestuous and unnatural connections (Ex 22:19; Le 20:11,14,16);

(9) man-stealing (Ex 21:16);

(10) idolatry, actual or virtual, in any form (Le 20:2; De 13:6; 17:2-7);

(11) false witness in capital cases (De 19:16,19).

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 (Nu 15:30,31); incestuous or unclean connections (Le 18:29; 29:9-21);

Of capital punishments that are properly regarded as of Hebrew origin, we note:

(1) Stoning

(2) Hanging

Hanging is mentioned (Nu 25:4; De 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 (2Sa 21:6,9).

(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

(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 (2Sa 12:31; Heb 11:37);

(4) torturing (1Ch 20:3; Heb 11:35);

(5) precipitation (2Ch 25:12; Lu 4:29);

(6) suffocation (2 Macc 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).

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