List and Commentary by
Dr. Peter Gathje, Christian Brothers University
Old Testament
Death Penalty for Murder
Genesis 9:5-6 (Context: Covenant with Noah after the Flood)
Numbers 35:31
Law of the Talion
Exodus 21:22-24, See also Deuteronomy 19:21
Death Penalty for Other Offenses
Death Penalty for Blasphemy Death Penalty for Fornication/Adultery
Leviticus 24:13-23 Deuteronomy 22:21-24, Deuteronomy 20:10
Death Penalty for Rape Death Penalty for Incest
Deuteronomy 22:25 Leviticus 20:11
Death Penalty for Bestiality Death Penalty for Disobeying Priests
Leviticus 20:15-16 Deuteronomy 17:12-13
Death Penalty for Theft, for Enslaving Others, For Kidnapping
Deuteronomy 24:7, Exodus 21:16
Death Penalty for Leading Others Astray from Worship of the One True God
Deuteronomy 13:6-11, See also Deuteronomy 17:2-5
Death Penalty for Disobedience to Parents, or Striking Parents
Deuteronomy 21:18, 20-21, Exodus 21:15, Exodus 21:17
Death Penalty for Sorcery/Fortune Telling Death Penalty for Desecrating the
Sabbath
Exodus 2:17, Leviticus 20:27 Exodus 35:2
What was God’s Attitude toward Cain, Moses, David and Saul/Paul who Murdered?
Genesis 4:15, Story of Cain and Abel; Exodus 2:11-15, Moses; 2 Samuel 11-12,
David;
Acts of the Apostles 7:54-58, Paul
What Restrictions Did the Old Testament Place on the Death Penalty?
Concern for Fairness of the Trial
Numbers 35:30 (see also Deuteronomy 17:6-7, 19:15-21)
Deuteronomy 17:7, Exodus 20:16 and Deuteronomy 5:20
Not All Murders are Capital Crimes
Exodus 21:12, Numbers 35:22, Deuteronomy 19:4-13 (these establish cities of
refuge)
Statements Against Vengeance Being Done by Humans
Leviticus 19:18 Deuteronomy 32:35, 32:39, 41, Proverbs 20:22, 24:17, 29, Sirach
28:1-5
What Does God Desire for the Wicked?
Ezekial 18:21-23, 33:11, Wisdom 1:13-15, 11:22-12:2
New Testament
The Life and Teaching of Jesus
Jesus and the Woman Caught in Adultery. John 8:2-11, compare to Deuteronomy
22:21-24
Jesus rejects Law of Talion. Matthew 5:38-39, 43
Mark 10:5 What had been the purpose of the Old Testament law?
Luke 23:34, Luke 23:41-43 Would forgiveness be necessary if Jesus approved of
execution?
Luke11:4, Matthew 6:12, Mark 11:26, We will be forgiven as we forgive others
The Parable of the Unforgiving Servant. Matthew 18:32-35
John 18:36 (see also Matthew 26:51-52 swords passage) John 19:10-11
Jesus’ power does not reside in violence but in love and truth, and despite
Pilate’s insistence to the contrary, Jesus’ power is greater.
Paul on the Death Penalty?
Paul’s Theological Reflections on Jesus’ Execution
Atonement Theology: See Galatians 3:13-14, Romans 3: 23-27, 5:1-11, Colossians
2:13-15. In these passages Jesus takes the penalty due to us because of our
sin which separated us from (made us enemies of) God. The resurrection over
turns the sin imposed death penalty. As we are forgiven by God, so too we are
to forgive others.
Participation Theology: See Romans 5:15-6:14, I Corinthians 2:7-10, and
connect with I Corinthians 1:18-31, 15:21-28, Colossians 2:12-15. In these
passages Jesus’ life, death, and resurrection defeat the power of sin that expresses
its dominion through its ability to impose death upon us. Jesus defeats evil
by not imitating its power. So too we are to resist and defeat evil by means
that do not imitate evil’s power.
Paul’s Ethical Conclusions from His Theological Reflections on Jesus’ Execution
Paul urges a ministry of Reconciliation/Forgiveness/Love of Enemies as the
ethical consequence of Jesus’ Death and Resurrection. We are to embody in our
lives the love shown in the life and cross of Christ, as we share in Christ’s
life. Just as Jesus resists and defeats evil by refusing to return evil for
evil, and instead returning good for evil, so too those who follow Jesus are
to resist and defeat evil by returning good for evil. Some Key Passages:
2 Corinthians 5:15-21, Colossians 3:13, Philippians 3:18-21, Galatians 5:16-26,
I Corinthians 12-13, I Thessalonians 5:15, Romans 1:32-2:5, 12:1-21, 15:7
Romans 13:1-7
Is Paul endorsing state violence by the Roman rulers, or he is describing
it and warning church in Rome to avoid, as far as possible, conflict with the
Roman Empire? (Historical context here is a church in Rome in which Jewish Christians
have just been allowed back into Rome after having been exiled due to conflict
between Jews over "Chrestus.") Note, too, that those who are the servants of
God’s wrath are not necessarily God’s friends (see Jeremiah 25:8-14). Further,
Paul does not speak highly of the "rulers of this age" (see I Corinthians
2:6-8, Philippians 2:14-18, 3:18-21, and Colossians 2:12-15). Words attributed
to Paul in Acts 25:11 also appear as acceptance of death penalty if imposed
without endorsing it.
Important Note of Caution: This list of texts includes nearly all
possible references to the death penalty in the Scriptures. Caution is necessary
in using such a list as one may fall into citing texts out of context. In order
to understand each of these quotations it is necessary to read each in its context—both
the context within the book from which the quotation was taken, and within the
larger historical and theological context of each passage and the Bible as a
whole. Failure to do this will result in "proof-texting," which is a great error
in biblical interpretation. Most importantly, we must consider the meaning of
biblical justice. God’s justice is demonstrated in both God’s holding wrongdoers
accountable for sin, and yet time and time again seeking their redemption, culminating
in the life, death, and resurrection of Jesus Christ. If God overturned the
death penalty imposed upon/due to us all in sin, then by what right do we impose
a death penalty on others?
--Peter R. Gathje, Christian
Brothers University, 2002