CHAPTER XXII.

PENAL SANCTIONS.

LEV. XX. 1-27.

N no age or community has it been found sufficient,

conscience of men, or depend, as a sufficient motive, upon the natural painful consequences of violated law. Wherever there is civil and criminal law, there, in all cases, human government, whether in its lowest or in its most highly developed forms, has found it necessary to declare penalties for various crimes. It is the peculiar interest of this chapter that it gives us certain important sections of the penal code of a people whose government was theocratic, whose only King was the Most Holy and Righteous God. In view of the manifold difficulties which are inseparable from the enactment and enforcement of a just and equitable penal code, it must be to every man who believes that Israel, in that period of its history, was, in the most literal sense, a theocracy, a matter of the highest civil and governmental interest to observe what penalties for crime were ordained by infinite wisdom, goodness, and righteousness as the law of that nation.

This penal code (vv. 1-21) is given in two sections. Of these, the first (vv. 1-6) relates to those who give of their seed to Molech, or who are accessory to such

crime by their concealment of the fact; and also to those who consult wizards or familiar spirits. Under this last head also comes ver. 27, which appears to have become misplaced, as it follows the formal conclusion of the chapter, and by its subject-the penalty for the wizard, or him who claims to have a familiar spirit -evidently belongs immediately after ver. 6.

The second section (vv. 9-21) enumerates, first (vv. 9-16), other cases for which capital punishment was ordered; and then (vv. 17-21) certain offences for which a lesser penalty is prescribed. These two sections are separated (vv. 7, 8) by a command, in view of these penalties, to sanctification of life, and obedience to the Lord, as the God who has redeemed and consecrated Israel to be a nation to Himself.

These penal sections are followed (vv. 22-26) by a general conclusion to the whole law of holiness, as contained in these three chapters, as also to the law concerning clean and unclean meats (xi.); which would thus appear to have been originally connected more closely than now with these chapters. This closing part of the section consists of an exhortation and argument against disobedience, in walking after the wicked customs of the Canaanitish nations; enforced by the declaration that their impending expulsion was brought about by God in punishment for their practice of these crimes; and, also, by the reminder that God in His special grace had separated them to be a holy nation to Himself, and that He was about to give them the good land of Canaan as their possession.

It is perhaps hardly necessary to observe that the law of this chapter does not profess to give the penal code of Israel with completeness. Murder, for example, is not mentioned here, though death is expressly

denounced against it elsewhere (Numb. xxxv. 31). So, again, in the Book of Exodus (xxi. 15) death is declared as the penalty for smiting father or mother. Indeed, the chapter itself contains evidence that it is essentially a selection of certain parts of a more extended code, which has been nowhere preserved in its entirety.

In this chapter death is ordained as the penalty for the following crimes: viz., giving of one's seed to Molech (vv. 2-5); professing to be a wizard, or to have dealings with the spirits of the dead (ver. 27); adultery, incest with a mother or step-mother, a daughter-in-law or mother-in-law (vv. 10-12, 14); and sodomy and bestiality (ver. 13). In a single case -that of incest with a wife's mother-it is added (ver. 14) that both the guilty parties shall be burnt with fire; ie., after the usual infliction of death by stoning. Of him who becomes accessory by concealment to the crime of sacrifice to Molech, it is said (ver. 5) that God Himself will set His face against that man, and will cut off both the man himself and his family. The same phraseology is used (ver. 6) of those who consult familiar spirits; and the cutting off is also threatened, ver. 18. The law concerning incest with a full- or half-sister requires (ver. 17) that this excision shall be "in the sight of the children of their people;" ie., that the sentence shall be executed in the most public way, thus to affix the more certainly to the crime the stigma of an indelible ignominy and disgrace. A lesser grade of penalty is attached to an alliance with the wife of an uncle or of a brother; in the latter case (ver. 21) that they shall be childless, in the former (ver. 20), that they shall die childless; that is, though they have children, they shall all be prematurely cut off; none shall outlive their parents. To incest

with an aunt by blood no specific penalty is affixed; it is only said that "they shall bear their iniquity," i.e., God will hold them guilty.

The chapter, directly or indirectly, casts no little light on some most fundamental and practical questions regarding the administration of justice in dealing with criminals.

We may learn here what, in the mind of the King of kings, is the primary object of the punishment of criminals against society. Certainly there is no hint in this code of law that these penalties were specially intended for the reformation of the offender. Were this so, we should not find the death-penalty applied with such unsparing severity. This does not indeed mean that the reformation of the criminal was a matter of no concern to the Lord; we know to the contrary. But one cannot resist the conviction in reading this chapter, as also other similar portions of the law, that in a governmental point of view this was not the chief object of punishment. Even where the penalty was not death, the reformation of the guilty persons is in no way brought before us as an object of the penal sentence. In the governmental aspect of the case, this is, at least, so far in the background that it does not once come into view.

In our day, however, an increasing number maintain that the death-penalty ought never to be inflicted, because, in the nature of the case, it precludes the possibility of the criminal being reclaimed and made a useful member of society; and so, out of regard to this and other like humanitarian considerations, in not a few instances, the death penalty, even for wilful murder, has been abrogated. It is thus, to a Christian citizen, of very practical concern to observe that in this

theocratic penal code there is not so much as an allusion to the reformation of the criminal, as one object which by means of punishment it was intended to secure. Penalty was to be inflicted, according to this code, without any apparent reference to its bearing on this matter. The wisdom of the Omniscient King of Israel, therefore, must certainly have contemplated in the punishment of crime some object or objects of more weighty moment than this.

What those objects were, it does not seem hard to discern. First and supreme in the intention of this law is the satisfaction of outraged justice, and of the regal majesty of the supreme and holy God, defied; the vindication of the holiness of the Most High against that wickedness of men which would set at nought the Holy One and overturn that moral order which He has established. Again and again the crime itself is given as the reason for the penalty, inasmuch as by such iniquity in the midst of Israel the holy sanctuary of God among them was profaned. We read, for example, "I will cut him off. . . because he hath defiled My sanctuary, and hath profaned My holy name;" "they have wrought confusion," i.e., in the moral and physical order of the family; "their blood shall be upon them;" "they have committed abomination; they shall surely be put to death;" "it is a shameful thing; they shall be cut off." Such are the expressions which again and again ring through this chapter; and they teach with unmistakable clearness that the prime object of the Divine King of Israel in the punishment was, not the reformation of the individual sinner, but the satisfaction of justice and the vindication of the majesty of broken law. And if we have no more explicit statement of the matter here, we yet have