In this series, we are examining some of the many commandments which are contained in the Law of Moses.  It is our aim to understand them better, build faith, and answer critics.  We are considering them topically.

1.   No partiality.  Judges and witnesses were not to favor the poor or the rich and mighty (Exodus 23:1-3; Leviticus 19:15-16; Deuteronomy 1:16-18; 16:18-19; 27:19; Also – 2 Chronicles 19:5-7).  Moreover, even the stranger was to be treated without partiality (Deuteronomy 1:16-18). 

Each case should be judged fairly.  Both the small and the great should have a fair hearing (Deuteronomy 1:16-17).  Dennis Prager comments, “The role of a judge is not to undo society’s ills, but to render justice in any particular case before the court… The Torah is warning judges not to see the judge’s role as repairing society.  The judge’s primary role is to render justice in the courtroom.  That is how he will help repair society.  When judges forsake that role, they actually harm society, not repair it, because a good society rests first and foremost on justice” (The Rational Bible: Exodus, p. 335). 

2.  No bribes.  Bribes were forbidden (Exodus 23:8; Deuteronomy 16:18-20; 27:25; Also – 1 Samuel 8:3; Psalm 15:5; 26:9-10; Proverbs 17:23; 29:4; Ecclesiastes 7:7; Isaiah 1:23; 5:23; 33:14-16; Ezekiel 13:19; 22:12; Amos 5:12; Micah 3:11; 7:3).

Bribery perverts justice (Exodus 23:8; Deuteronomy 16:18-20; Proverbs 17:23).  It can overthrow a society (Proverbs 29:4).  It is a very serious matter. 

3.  No false witness.  Israel was warned not to bear false witness (Exodus 20:16; 23:1; Leviticus 19:11; Deuteronomy 5:20; 19:18-19; Also – Proverbs 6:16-19; 19:5; 24:28). 

The punishment for false testimony was serious.  The guilty one was to be punished with the punishment the one testified against would have received if he had been convicted on that testimony (Deuteronomy 19:16-21).  Perjury is a serious matter and is not to be tolerated.  Dennis Prager comments, “Aside from rendering justice, the purpose of punishment is to serve as a deterrent.  People are less likely to give false testimony when they know what punishment awaits them if they are caught lying” (Deuteronomy, p. 306).

4.  Adequate evidence.  One was not to be convicted on the testimony of one (Numbers 35:30; Deuteronomy 17:6-7; 19:15; Also – Matthew 18:15-16; 1 Timothy 5:19-22).

What if there is not at least two eyewitnesses?  It appears that evidence can serve as a witness (John 5:31-36; 1 John 5:9; 2 Peter 1:18-19).  No one should be convicted without adequate evidence. 

5.  Punishment.  The penalty for various crimes are specified (e.g. Exodus 21:12-14; 21:24; 22:1).

a.  Restitution (Exodus 22:1, 9; Leviticus 6:1-6; Numbers 5:5-6; Also – 2 Samuel 12:6; Proverbs 6:30-31).  Dennis Prager comments, “If all the thief was required to do was restore what he stole, he would have no reason not to steal again, since the worse that could happen would be he had to return what he took.  As regards the reason for the higher than normal fines imposed on the thief for stealing an ox, oxen were more essential to one’s livelihood on ancient Israelite society, since they could perform hard labor.  Therefore, the penalty for stealing an ox was greater than the penalty for stealing a sheep” (Exodus, p. 310). 

b.  An eye for an eye (Exodus 21:23-25; Leviticus 24:19-20; Deuteronomy 19:21).  This is commonly referred to as lex talionis (law of retaliation).  Many see this as an excuse for personal retaliation.  This is not how this should be understood.  This concerns legal judgments (Exodus 21:22-25; Deuteronomy 19:15-23).  This law did a couple of things.  (1) It kept the punishment in line with the crime.  (2) It showed value to each human being.  One person’s eye is not regarded as more important than another person’s eye.   

c.  Flogging.  This was considered a legitimate method of punishment (Deuteronomy 25:1-3; Also – Proverbs 19:29; 26:3). The number of blows were not to exceed forty (Deuteronomy 25:3 cf. 2 Corinthians 11:24).  Dennis Prager comments, “Most modern men and women reject corporal punishment as inherently immoral and favor imprisonment as far more humane form of punishment.  Yet why is imprisonment necessarily and always more civilized?  Depending on the amount of flogging and the amount of time in prison (not to mention prison conditions, including the omnipresent threat in many prisons of violence at the hands of other prisoners or guards), I suspect that many healthy-bodied people, given the choice between flogging and imprisonment, would opt for flogging” (Deuteronomy, p. 391). In some cases, prison is a crime school. In the movie Blow, George Jung (played by Johnny Depp) says “Danbury wasn’t a prison; it was a crime school. I went in with a Bachelor of marijuana, came out with a Doctorate of cocaine.” (note: This is not a movie recommendation. It is a thought-provoking quote).

d.  Death penalty.  The law of Moses contained the death penalty for certain crimes, such as: murder, rape, kidnapping, adultery and other things [for a full list see, Ethics: Government and Citizenship (Part 3) by B.H.].  The death penalty is viewed as a deterrent to crime (Deuteronomy 13:11; 17:13; 21:21).  There were some crimes for which the punishment could be reduced to a lesser punishment, such as a fine (Exodus 21:29-30 cf. 1 Kings 20:39; Proverbs 6:32-35; 13:7-8).  Murder could not be reduced to a lesser punishment (Numbers 35:21).

The law of Moses punished crime.  Law without penalty is impotent.