CHAPTER XXII.

_PENAL SANCTIONS._

LEV. xx. 1-27.

In no age or community has it been found sufficient, to secure

obedience, that one should appeal to the 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;

_i.e._, 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;"

_i.e._, 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 it elsewhere; as in Numb. xxxv. 33, where we are expressly

told that the death-penalty to be visited with unrelenting severity on

the murderer is of the nature of an expiation. Very clear and solemn

are the words, "Blood, it polluteth the land: and no expiation can be

made for the land for the blood that is shed therein, but by the blood

of him that shed it."

But if this is set forth as the fundamental reason for the infliction

of the punishment, it is not represented as the only object. If, as

regards the criminal himself, the punishment is a satisfaction and

expiation to justice for his crime, on the other hand, as regards the

people, the punishment is intended for their moral good and

purification. This is expressly stated, as in ver. 14: "They shall be

burnt with fire, that there be no wickedness among you." Both of these

principles are of such a nature that they must be of perpetual

validity. The government or legislative power that loses sight of

either of them is certain to go wrong, and the people will be sure,

sooner or later, to suffer in morals by the error.

In the light we have now, it is easy to see what are the principles

according to which, in various cases, the punishments were measured

out. Evidently, in the first place, the penalty was determined, even

as equity demands, by the intrinsic heinousness of the crime. With the

possible exception of a single case, it is easy to see this. No one

will question the horrible iniquity of the sacrifice of innocent

children to Molech; or of incest with a mother, or of sodomy, or

bestiality. A second consideration which evidently had place, was the

danger involved in each crime to the moral and spiritual well-being of

the community; and, we may add, in the third place, also the degree to

which the people were likely to be exposed to the contagion of

certain crimes prevalent in the nations immediately about them.

But although these principles are manifestly so equitable and

benevolent as to be valid for all ages, Christendom seems to be

forgetting the fact. The modern penal codes vary as widely from the

Mosaic in respect of their great leniency, as those of a few centuries

ago in respect of their undiscriminating severity. In particular, the

past few generations have seen a great change with regard to the

infliction of capital punishment. Formerly, in England, for example,

death was inflicted, with intolerable injustice, for a large number of

comparatively trivial offences; the death-penalty is now restricted to

high treason and killing with malice aforethought; while in some parts

of Christendom it is already wholly abolished. In the Mosaic law,

according to this chapter and other parts of the law, it was much more

extensively inflicted, though, it may be noted in passing, always

without torture. In this chapter it is made the penalty for actual or

constructive idolatry, for sorcery, etc., for cursing father or

mother, for adultery, for the grosser degrees of incest, and for

sodomy and bestiality. To this list of capital offences the law

elsewhere adds, not only murder, but blasphemy, sabbath-breaking,

unchastity in a betrothed woman when discovered after marriage, rape,

rebellion against a priest or judge, and man-stealing.

As regards the crimes specified in this particular chapter, the

criminal law of modern Christendom does not inflict the penalty of

death in a single possible case here mentioned; and, to the mind of

many, the contrasted severity of the Mosaic code presents a grave

difficulty. And yet, if one believes, on the authority of the teaching

of Christ, that the theocratic government of Israel is not a fable,

but a historic fact, although he may still have much difficulty in

recognising the righteousness of this code, he will be slow on this

account either to renounce his faith in the Divine authority of this

chapter, or to impugn the justice of the holy King of Israel in

charging Him with undue severity; and will rather patiently await some

other solution of the problem, than the denial of the essential equity

of these laws. But there are several considerations which, for many,

will greatly lessen, if they do not wholly remove, the difficulty

which the case presents.

In the first place, as regards the punishment of idolatry with death,

we have to remember that, from a theocratic point of view, idolatry

was essentially high treason, the most formal repudiation possible of

the supreme authority of Israel's King. If, even in our modern states,

the gravity of the issues involved in high treason has led men to

believe that death is not too severe a penalty for an offence aimed

directly at the subversion of governmental order, how much more must

this be admitted when the government is not of fallible man, but of

the most holy and infallible God? And when, besides this, we recall

the atrocious cruelties and revolting impurities which were

inseparably associated with that idolatry, we shall have still less

difficulty in seeing that it was just that the worshipper of Molech

should die. And as decreeing the penalty of death for sorcery and

similar practices, it is probable that the reason for this is to be

found in the close connection of these with the prevailing idolatry.

But it is in regard to crimes against the integrity and purity of the

family that we find the most impressive contrast between this penal

code and those of modern times. Although, unhappily, adultery and,

less commonly, incest, and even, rarely, the unnatural crimes

mentioned in this chapter, are not unknown in modern Christendom, yet,

while the law of Moses punished all these with death, modern law

treats them with comparative leniency, or even refuses to regard some

forms of these offences as crimes. What then? Shall we hasten to the

conclusion that we have advanced on Moses? that this law was certainly

unjust in its severity? or is it possible that modern law is at fault,

in that it has fallen below those standards of righteousness which

rule in the kingdom of God?

One would think that by any man who believes in the Divine origin of

the theocracy only one answer could be given. Assuredly, one cannot

suppose that God judged of a crime with undue severity; and if not, is

not then Christendom, as it were, summoned by this penal code of the

theocracy--after making all due allowance for different conditions of

society--to revise its estimate of the moral gravity of these and

other offences? In these days of continually progressive relaxation of

the laws regulating the relations of the sexes, this seems indeed to

be one of the chief lessons from this chapter of Leviticus; namely,

that in God's sight sins against the seventh commandment are not the

comparative trifles which much over-charitable and easy-going morality

imagines, but crimes of the first order of heinousness. We do well to

heed this fact, that not merely unnatural crimes, such as sodomy,

bestiality, and the grosser forms of incest, but adultery, is by God

ranked in the same category as murder. Is it strange? For what are

crimes of this kind but assaults on the very being of the family?

Where there is incest or adultery, we may truly say the family is

murdered; what murder is to the individual, that, precisely, are

crimes of this class to the family. In the theocratic code these were,

therefore, made punishable with death; and, we venture to believe,

with abundant reason. Is it likely that God was too severe? or must we

not rather fear that man, ever lenient to prevailing sins, in our day

has become falsely and unmercifully merciful, kind with a most

perilous and unholy kindness?

Still harder will it be for most of us to understand why the

death-penalty should have been also affixed to cursing or smiting a

father or a mother, an extreme form of rebellion against parental

authority. We must, no doubt, bear in mind, as in all these cases,

that a rough people, like those just emancipated slaves, required a

severity of dealing which with finer natures would not be needed; and,

also, that the fact of Israel's call to be a priestly nation bearing

salvation to mankind, made every disobedience among them the graver

crime, as tending to so disastrous issues, not for Israel alone, but

for the whole race of man which Israel was appointed to bless. On an

analogous principle we justify military authority in shooting the

sentry found asleep at his post. Still, while allowing for all this,

one can hardly escape the inference that, in the sight of God,

rebellion against parents must be a more serious offence than many in

our time have been wont to imagine. And the more that we consider how

truly basal to the order of government and of society is both sexual

purity and the maintenance of a spirit of reverence and subordination

to parents, the easier we shall find it to recognise the fact that if

in this penal code there is doubtless great severity, it is yet the

severity of governmental wisdom and true paternal kindness on the part

of the high King of Israel: who governed that nation with intent,

above all, that they might become in the highest sense "a holy nation"

in the midst of an ungodly world, and so become the vehicle of

blessing to others. And God thus judged that it was better that

sinning individuals should die without mercy, than that family

government and family purity should perish, and Israel, instead of

being a blessing to the nations, should sink with them into the mire

of universal moral corruption.

And it is well to observe that this law, if severe, was most equitable

and impartial in its application. We have here, in no instance,

torture; the scourging which in one case is enjoined, is limited

elsewhere to the forty stripes save one. Neither have we

discrimination against any class, or either sex; nothing like that

detestable injustice of modern society which turns the fallen woman

into the street with pious scorn, while it often receives the betrayer

and even the adulterer--in most cases the more guilty of the two--into

"the best society." Nothing have we here, again, which could justify

by example the insistence of many, through a perverted humanity, when

a murderess is sentenced for her crime to the scaffold, her sex should

purchase a partial immunity from the penalty of crime. The Levitical

law is as impartial as its Author; even if death be the penalty, the

guilty one must die, whether man or woman.

Quite apart, then, from any question of detail, as to how far this

penal code ought to be applied under the different conditions of

modern society, this chapter of Leviticus assuredly stands as a most

impressive testimony from God against the humanitarianism of our age.

It is more and more the fashion, in some parts of Christendom, to pet

criminals; to lionize murderers and adulterers, especially if in high

social station. We have even heard of bouquets and such-like

sentimental attentions bestowed by ladies on blood-red criminals in

their cells awaiting the halter; and a maudlin pity quite too often

usurps among us the place of moral horror at crime and intense

sympathy with the holy justice and righteousness of God. But this

Divine government of old did not deal in flowers and perfumes; it

never indulged criminals, but punished them with an inexorable

righteousness. And yet this was not because Israel's King was hard and

cruel. For it was this same law which with equal kindness and equity

kept a constant eye of fatherly care upon the poor and the stranger,

and commanded the Israelite that he love even the stranger as himself.

But, none the less, the Lord God who declared Himself as merciful and

gracious and of great kindness, also herein revealed Himself,

according to His word, as one who would "by no means clear the

guilty." This fact is luminously witnessed by this penal code; and,

let us note, it is witnessed by that penal law of God which is

revealed in nature also. For this too punishes without mercy the

drunkard, for example, or the licentious man, and never diminishes one

stroke because by the full execution of penalty the sinner must suffer

often so terribly. Which is just what we should expect to find, if

indeed the God of nature is the One who spake in Leviticus.

Finally, as already suggested, this chapter gives a most weighty

testimony against the modern tendency to a relaxation of the laws

which regulate the relations of the sexes. That such a tendency is a

fact is admitted by all; by some with gratulation, by others with

regret and grave concern. French law, for instance, has explicitly

legalised various alliances which in this law God explicitly forbids,

under heavy penal sanctions, as incestuous; German legislation has

moved about as far in the same direction; and the same tendency is to

be observed, more or less, in all the English-speaking world. In some

of the United States, especially, the utmost laxity has been reached,

in laws which, under the name of divorce, legalize gross

adultery,--laws which had been a disgrace to pagan Rome. So it goes.

Where God denounced the death-penalty, man first apologises for the

crime, then lightens the penalty, then abolishes it, and at last

formally legalises the crime. This modern drift bodes no good; in the

end it can only bring disaster alike to the well-being of the family

and of the State. The maintenance of the family in its integrity and

purity is nothing less than essential to the conservation of society

and the stability of good government.

To meet this growing evil, the Church needs to come back to the full

recognition of the principles which underlie this Levitical code;

especially of the fact that marriage and the family are not merely

civil arrangements, but Divine institutions; so that God has not left

it to the caprice of a majority to settle what shall be lawful in

these matters. Where God has declared certain alliances and

connections to be criminal, we shall permit or condone them at our

peril. God rules, whether modern majorities will it or not; and we

must adopt the moral standards of the kingdom of God in our

legislation, or we shall suffer. God has declared that not merely the

material well-being of man, but _holiness_, is the moral end of

government and of life; and He will find ways to enforce His will in

this respect. "The nation that will not serve Him shall perish." All

this is not theology, merely, or ethics, but history. All history

witnesses that moral corruption and relaxed legislation, especially in

matters affecting the relations of the sexes, bring in their train

sure retribution, not in Hades, but here on earth. Let us not miss of

taking the lesson by imagining that this law was for Israel, but not

for other peoples. The contrary is affirmed in this very chapter (vv.

23, 24), where we are reminded that God visited His heavy judgments

upon the Canaanitish nations precisely for this very thing, their

doing of these things which are in this law of holiness forbidden.

Hence "the land spued them out." Our modern democracies, English,

American, French, German, or whatever they be, would do well to pause

in their progressive repudiation of the law of God in many social

questions, and heed this solemn warning. For, despite the unbelief of

multitudes, the Holy One still governs the world, and it is certain

that He will never abdicate His throne of righteousness to submit any

of His laws to the sanction of a popular vote.

The Expositor's Bible: The Book of Leviticus · 第 12 / 17 章