Let’s talk about capital punishment. Amid the discussion of the church shooting in White Settlement, Texas I was asked about capital punishment and self-defense killing. Therefore, I will take up these two questions in successive blog posts. We’ll start capital punishment.

Is capital punishment biblical? Does God favor capital punishment? Briefly stated, the answer is yes. How can we say this? Some may ask, “Isn’t capital punishment part of the Old Testament Law and hasn’t the Gospel of Grace, embodied in the teachings of Jesus, rendered capital punishment obsolete?”

There are typically two arguments forwarded against capital punishment. They are as follows: (a) capital punishment is unbiblical and now obsolete; (b) capital punishment is unfair because of the possibility corrupt officials may use it against undeserving, voiceless defendants, as well as the possibility of an innocent person being sentenced to death. Both arguments are invalid.

God prescribed capital punishment before the giving of the Law of Moses. The Law of Moses incorporates capital punishment. God prescribed capital punishment before Moses received the Law from God and shortly after the Noahic Flood. That capital punishment was decreed before the Mosaic Law indicates that with that law’s fulfillment in Christ (i.e. ceremonial law) that capital punishment still stands. Where do we see capital punishment was decreed before Moses? We see this command in Genesis 9:6.

“Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image.” (Genesis 9:6)

Don’t miss what is going on here. First, you have a prescription, then you have the rationale. The prescription for capital punishment is murder. If you kill someone, then you will be killed. The reason for terminating the life of a murderer: human life is precious in that it was created in the image of God.

God created man in His own image. Scholars refer to this as the Imago Dei (Image of God). Humans are a reflection of God’s moral, spiritual, and intellectual nature. Thus, humans mirror God's divinity in their ability to exercise the attributes or qualities of God which He gave them (i.e. communicable attributes). These attributes separate humankind from the animal kingdom.

Defacing the image of God and taking a life that God has given is a serious offense. The Law of Moses expands on our understanding, distinguishing between premeditated murder and manslaughter. The Law of Moses goes on to consider and develop aggravating and mitigating circumstances warranting mercy or execution. But the premise of capital punishment is violating the Imago Dei (Image of God) bestowed by God. No one has the prerogative to careless or wantonly terminate that image. To do so invokes the death penalty.

Is it possible to execute the wrong person for the wrong reason? Yes, it is. Do the imperfections of fallen, sinful, and fallible humanity invalidate the word of God, the will of God, or the commands of God? No, they do not. The Old Testament Law and the New Testament prescriptions assume a trial by peers or duly constituted governing authority to minimize this.

Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. 2 Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. 3 For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, 4 for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer. (Romans 13:1-4)

God gave government to administrate capital punishment. He did not give us perfect governments. Realize that Paul, or rather the Holy Spirit through Paul, is calling upon us to respect governing authority (see also 1 Peter 2) in a time when the governing authority was the Roman Empire (and Nero). The God who causes all things to work together for good (Romans 8:28ff) employs fallible people, sometimes even corrupt people and institutions, to do his will. And we see this principle of treating these governing authorities with respect modeled by Jesus Christ during His interactions with Pontius Pilate in the gospels. During the time when Israel was governed by Torah such decisions were left to councils of elders or civic leaders. In Romans 13 “bearing the sword” speaks to the ability to take life. This prevented vigilante justice. Nevertheless, human beings’ fallibility, being a consequence of the fall of humanity (Romans 5:12-13) did not and does not invalidate capital punishment any more than human failings preclude the enforcement of any other command of God, civil laws, or criminal laws.

God has typically relied on imperfect, fallen human agency to execute the unrighteous. You see this when human armies are used to mete out divine justice on a large scale. You see this when government or city councils (councils of elder citizens) adjudicated cases in the Old and New Testaments.

Capital punishment is capital protection. It removes a threat from society. This is why God gave it as a command in Genesis 9:6 and this is what we find in Romans 13:4 “For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer (Romans 13: 4).”

Logically speaking, capital protection does not correct behavior but removes a threat. A dead person cannot be reformed. As a threat to society, his individual danger to society is eliminated when he is executed. This is why some refer to capital punishment as capital protection. Capital protection has a deterrence factor—when not ignored or neglected.

The gospel of grace does not nullify capital protection. Jesus affirms capital punishment, even elevating the bar (widening the list of capital crimes and punishment) in The Sermon on the Mount:

“You have heard that it was said to those of old, ‘You shall not murder; and whoever murders will be liable to judgment.’ 22 But I say to you that everyone who is angry with his brother will be liable to judgment; whoever insults his brother will be liable to the council; and whoever says, ‘You fool!’ will be liable to the hell of fire. (Matthew 5:21-22)

Understand what is going on here. “Liable to judgment” (for murder), in Matthew 5:21, refers to execution. Jesus is saying that His hearers had heard that murder will likely result in the death penalty. He is also warning that hatred deserves the same penalty (hatred in one’s heart) and the expression of hatred (“you fool”) warrants hell in the next life. Notice the presence of the word “council” as a duly constituted authority.

Capital punishment (capital protection) is no small matter. The taking of human life is no small affair. God has prescribed (commanded) that murder (the unjustified taking of human life) not go unpunished. In cases where He shows grace (as only God can do), we are not to assume that God’s grace speaks to either God’s approval or permission. Capital punishment was always a governmental function from the time of Noah to Moses to Rome to today. It was administered primarily by fallible human agency. There was and is no room for personal vengeance. Nevertheless, a civilized society protects its people from murdering and marauding wolves vis-à-vis a council of elders in a tribe (ancient Israel), the prescriptions of the Mosaic Law (via the council), or the governments that God ordains and permits (Romans 13, 1 Peter 2; Matthew 5:21).

A society that ignores this mandate subjects itself to moral decay decays because it does not take God at His word. Life becomes cheap as in our own culture of death and injustice today where we murder the unborn and infirm but not the wolf who preys on the flock. We must ask ourselves what does the Bible say?

For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, 4 for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer. (Romans 13:3-4)

“Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image.” (Genesis 9:6)

The Bible is clear. There are no biblical prohibitions against capital punishment prior to the giving of the Law of Moses, after the giving of the Law of Moses, or after the incarnation of Christ. The commands have never been nullified by God, Jesus Christ (God the Son) or anyone else. Capital punishment is biblical. It is mandated by Scripture.