Today, we will read in the 19th chapter of Deuteronomy some instructions regarding how Israel was to conduct criminal justice. We will see that one of the goals in criminal justice was to create fear so that others would be dissuaded from becoming criminals. That is the opposite of how modern society thinks. The emphasis in our modern world is on mercy and tolerance. However, we will also see today that the New Testament also lauds the value of creating fear. Therefore, fear is a tool we should use in the 21st century.
The beginning of chapter 19 was a command to Israel to set aside three cities of refuge so that anyone who accidentally killed a man could flee there and be protected from the avenger of blood. That was a way to make sure innocent blood was not shed.
Deut. 19:11 ¶ “But if there is a man who hates his neighbor and lies in wait for him and rises up against him and strikes down his life so that he dies, and he flees to one of these cities,
The words “one of these cities” refer to the cities of refuge.
Deut. 19:12 then the elders of his city shall send and take him from there and give him over into the hand of the avenger of blood, that he may die.
Look at the word “die”. The cities of refuge could not be used to escape justice. When a man deliberately murdered another man, he was to be put to death. He could not escape justice by going to a city of refuge.
Deut. 19:13 You shall not pity him, but you shall purge the blood of the innocent from Israel, that it may go well with you.
Notice the words “You shall not pity”. It was forbidden to have pity on murderers.
Unfortunately, this is something very common today. Murderers are pitied because thry had bad parents, had a rough life, or were on medications that messed up their mind. After Noah came off the ark, God said, “Whoever sheds man’s blood, By man his blood shall be shed” (Genesis 9:6). That command has never been rescinded. We should not have pity on those who intentionally murder another human being.
Deut. 19:14 ¶ “You shall not move your neighbor’s boundary mark, which the ancestors have set, in your inheritance which you will inherit in the land that Yahweh your God gives you to possess.
Deut. 19:15 ¶ “A single witness shall not rise up against a man on account of any iniquity or any sin which he has committed; at the mouth of two or three witnesses a matter shall be established.
Deut. 19:16 If a malicious witness rises up against a man to accuse him of wrongdoing,
Take note of the word “malicious”. This acknowledges the fact that sometimes people will make false accusations.
In recent decades there has been a push to “believe all women” when they accuse men of sexual misbehavior. However, sometimes women make false accusations. Accusations should not automatically be believed. The accuser needs to have corroborating evidence.
Deut. 19:17 then both the men who have the dispute shall stand before Yahweh, before the priests and the judges who will be in office in those days.
Deut. 19:18 And the judges shall inquire thoroughly, and behold, if the witness is a false witness and he has accused his brother falsely,
Deut. 19:19 then you shall do to him just as he had intended to do to his brother. Thus you shall purge the evil from among you.
Notice the word “evil”. False accusations were considered evil. Anyone who brought false accusations was to be purged.
Deut. 19:20 And the rest will hear and be afraid and will never again do such an evil thing among you.
Don’t miss the logic in this verse. Look at the words “afraid” and “never again”. The reason for punishing false accusers was to create fear so that no one else would make false accusations.
We see this concept in the New Testament. Paul wrote that if anyone does wrong, he should be afraid because the government does not bear the sword in vain (see Romans 13:4). In other words, the ability of the government to execute criminals should make people afraid to commit crime.
Also, Paul told Timothy to rebuke sinning elders in public so that everyone else will be afraid (see 1 Timothy 5:20). Again, the concept is to use public rebuke as a tool to create fear which will dissuade others from sinning.
This is contrary to the modern mindset. The prevailing attitude today is to avoid creating fear.
Deut. 19:21 Thus your eye shall not show pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.
Notice the prohibition on pity. There is a time and place to pity people. However, pitying criminals was not permitted in Israel. Today, churches should not pity sinners.
Deut. 20:1 ¶ “If you go out to battle against your enemies and see horses and chariots and people more numerous than you, do not be afraid of them; for Yahweh your God, who brought you up from the land of Egypt, is with you.
When Moses sent twelve spies to spy out the land of Canaan, they saw that the Canaanites were very powerful (see Numbers 13). That caused Israel to shrink away from conquering the land. That power did not dissipate during the 40 years Israel wandered in the wilderness; therefore, Yahweh reminded Israel that when they saw opponents who were more powerful, they were not to be afraid because they had Yahweh fighting for them.
Furthermore, a couple days ago we read a verse that prohibited the future kings of Israel from multiplying horses to themselves (see Deuteronomy 17:16). That limited their ability to build powerful armies. That meant Israel would have a military disadvantage. Once again, Israel was not to be afraid in those situations because Yahweh intended to fight for them.
Deut. 20:2 Now it will be, when you are drawing near to the battle, the priest shall approach and speak to the people.
Deut. 20:3 And he shall say to them, ‘Hear, O Israel, you are drawing near to the battle against your enemies today. Do not let your heart be faint. Do not be afraid, nor be alarmed, nor be in dread before them,
Deut. 20:4 for Yahweh your God is the one who goes with you, to fight for you against your enemies, to save you.’
Deut. 20:5 The officers also shall speak to the people, saying, ‘Who is the man that has built a new house and has not dedicated it? Let him go and return to his house, lest he die in the battle and another man dedicate it.
Deut. 20:6 Who is the man that has planted a vineyard and has not begun to use its fruit? Let him go and return to his house, lest he die in the battle and another man begin to use its fruit.
Deut. 20:7 And who is the man that is engaged to a woman and has not married her? Let him go and return to his house, lest he die in the battle and another man marry her.’
Deut. 20:8 Then the officers shall speak further to the people and say, ‘Who is the man that is afraid and whose heart is faint? Let him go and return to his house, so that he might not make his brothers’ hearts melt like his heart.’
The effect of verses 5-8 would have been to weaken the army of Israel. They would have had fewer men to go fight. However, that was the point. Israel had Yahweh. They did not need the biggest army. Instead of relying on their army, Yahweh wanted Israel to rely on Him.
Deut. 20:9 Now it will be that when the officers have finished speaking to the people, they shall appoint commanders of armies at the head of the people.
Modern criminal justice is focused on mercy and tolerance. Thus, we have a crime problem today because criminals are not afraid to commit crime. However, the Bible teaches a different mindset. Old Testament Israel was commanded to create fear so that people would be afraid to do evil. The New Testament endorses the same concept, both in civil affairs and in church affairs. One of the tools that should be used in modern society to deter crime is the fear of being punished for committing a crime.
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“Scripture quotations taken from the (LSB®) Legacy Standard Bible®, Copyright © 2021 by The Lockman Foundation. Used by permission. All rights reserved. Managed in partnership with Three Sixteen Publishing Inc. LSBible.org and 316publishing.com.”