Appendix B

A Listing of the Capital Crimes

The Bible lists 17 crimes that could (in certain circumstances) call for capital punishment. All of these maximum penalties were given to provide incentive to a criminal “that he should turn from his ways and live” (Ezek. 18:23,32; 33:11; see discussion in the main body of this book for details). For this and several other reasons mentioned in this book, it was rare that the death penalty was applied for every crime. When the law was used lawfully (see exposition of 1 Timothy 1:8ff and the caveats mentioned in the introduction), even the New Testament says that each penalty was “a just penalty” (Heb. 2:2; etc.).

Crimes where there could be “no ransom” (Numb 35:31-32), no judicial discretion, and no victim’s discretion for a lower penalty.

Premeditated murder (Gen. 9:5; Ex. 21:12-14; Numb. 35:16-33; Lev. 24:17; Deut. 19:11-13; 21:1-19).

Premeditated murder was the only crime where a lesser penalty or a “ransom” could not be provided.²⁶ God mandated death in all cases (Numb. 35:31-32). The call for the death of a murderer can be found in Gen. 9:5ff; Ex. 21:12-14; Numbers 35:16-21,30-33; Lev. 24:17; Deut. 19:11-13; 21:1-9. It is important to realize that abortion was considered a crime worthy of death since it was the murder of a baby (Ex. 21:22-25).

Involuntary manslaughter (where there could be a lesser penalty)

Involuntary manslaughter and gross negligence that resulted in someone’s death (Ex. 21:28-30; Deut. 19:5; Numb. 35).

Involuntary manslaughter could result in a death penalty, depending on the circumstances. For example, if there had been gross negligence resulting in human death, and this had occurred before, there could be the death penalty (Ex. 21:28-30). A drunk driver who has been a repeat violator, and who later kills a person in an accident could be subject to the death penalty. Some of these cases would require judicial discretion, but the penalty of death could be just. Likewise, if a person killed another through carelessness, but without intention, the avenger of blood could seek his life (Numb. 35). Yet if the man appealed to the courts, they could impose lesser restrictions upon him (Numb. 35:22-28). If the man violated his parole, he could be subject to death once again (vv. 26-28). Thus, manslaughter, while not always calling for the death penalty, can justly receive the death penalty as a maximum.

Capital crimes for which there could be lesser penalties, a “ransom,” divorce, or no penalty – i.e., forgiveness.

I would refer the reader to the main body of the book to demonstrate that capital punishment was a maximum, not a mandated penalty on all capital crimes except for murder. These crimes were considered so serious by God that if there was no repentance, death was a just penalty. Even then, Scripture did not always apply the death penalty to these crimes. Only with murder does God specify “you shall take no ransom for the life of a murderer” (Numb. 35:31-32). Proverbs 13:8 indicates that “the ransom of a man’s life is his riches.” This contrast between Numbers 35 (“no ransom”) and Proverbs 13:8 (riches can redeem a life) implies there are capital crimes that could be successfully avoided by way of a ransom. This conclusion is strengthened by the numerous Scriptures speaking of “ransom” as a concept, plus the Scriptures I cited earlier where God’s justice allowed a lesser penalty for certain capital crimes, and even Scriptures that called for forgiveness (such as Hosea). It should be emphasized that these crimes are so heinous that they deserve death in God’s eyes. Yet God is more interested in repentance and restoration than he is in the death of the sinner (Ezek. 13:22; 18:19-32). In the case of sexual sins, people who kept these things to themselves could not be prosecuted because it would require two or three witnesses (depending on judicial discretion), the pressing of charges by a victim-citizen, the exclusion of government from spying, sting operations, etc., and other checks and balances. All of this would make proof of the crime difficult.

1. Kidnapping was a capital crime (Ex. 21:16; Deut. 24:7; 1 Tim. 1:10). However, it would often be of great benefit to a kidnapped person to seek monetary restitution rather than the death penalty.
2. Rape of an engaged or married woman (Deut. 22:23-27).
3. Adultery or prostitution (Lev. 20:10; 21:9; Deut. 22:21-24; Jn. 8:4-11; 1 Tim. 1:10)
4. Incest (Lev. 20:11-14; 18:6-19,29)
5. Striking one’s parents and/or parental abuse (Ex. 21:15,17; Lev. 20:9; Dt. 21:18-21; Mt. 15:3ff; Mk. 7:10; Prov. 20:20)
6. Homosexuality (Lev. 18:22; 20:13; Rom. 1:32; 1 Tim. 1:10).
7. Bestiality (Ex. 22:19; Lev. 20:15ff)

Crimes that undermine the Christian constitution of a nation.

1. Blasphemy and cursing God publicly (Ex. 22:28; Lev. 24:10-16,23; Acts 25:7-11; 1 Tim. 1:9) is an attack on God, the source of a nation’s law.
2. Sorcery and witchcraft (Ex. 22:18; Lev. 20:27) was an attack on Israel’s Lawgiver.
3. Breaking the Sabbath (Ex. 31:14; 35:2; Numb. 15:32-36)²⁷ was a symbolic attack on the covenant God made with Israel (Ex. 31:16; Ezek. 20:12-25), akin to burning the flag and denouncing Israel’s constitution.
4. Incitement of a city or state into apostasy and abandoning the Biblical order (Deut. 13:1-19; 17:2-7; 18:20), was considered to be a form of treason.
5. Offering human sacrifice (Lev. 20:2-5). Of course, this is a form of murder, so would likely come under that category.
6. Publicly sacrificing to other gods (Ex. 22:20).

Crimes against the state

1. Perjury (Deut. 19:16-20; 1 Tim. 1:10) is treated seriously because it not only jeopardized the social order, but it jeopardized the innocent victim.
2. Incorrigibility, repeated criminal behavior, or persistent contempt of courts or civil law (Deut. 17:12-13; Heb. 10:28).