Wednesday, January 30, 2013

The Ten Commandments: The Sixth Commandment

THE DECALOGUE:
A SUMMARY OF GOD'S PRECEPTS FOR GOD'S PEOPLE


The Sixth Commandment:
On Hostility (Exod 20:13)
pdf
Dr. Paul Manuel
(There are different divisions of the Commandments in different traditions: In Protestantism (for the most part), v. 2 is the introduction and v. 3 is the first command. In Judaism, vv. 2-3 together are the first command. In Roman Catholicism and Lutheranism, vv. 2-6 are the first command, and v. 17 contains two commands. This study follows the primary Protestant division, recognizing that v. 2 is declarative and v. 3 contains the first imperative.)

When a person gets caught speeding, he can try to deny the fact, but sometimes the evidence against him is too compelling, in which case he must resign himself to the inevitable ticket... unless...
A fellow bought a new Mercedes and was on the interstate for a nice evening drive. The top was down, the wind was blowing through his hair, and he decided to open her up. As the needle jumped to 80 mph, he noticed a flashing red and blue light behind him. "There is no way that cop car can catch a Mercedes," he said to himself as he floored the accelerator. The needle hit 90, 100, 110, and finally 120, but the lights were still behind him. "What am I doing?" he thought, and pulled over. The officer came up to him, took his license without a word, and examined it and the car. "I've had a tough shift, and this is my last traffic stop. I don't feel like more paperwork, so if you can give me an excuse for your driving that I haven't heard before, you can go!" "Last week, my wife ran off with a cop," the man replied. "I was afraid you were that cop... and were trying to give her back!"
For traffic violations, a person may be able to talk his way out of the consequences. For more serious violations, no excuse may suffice. That is especially so with God and the sixth commandment, On Hostility.

Of the various commands in the Decalogue that also have parallels in the general expectations God has for everyone, this prohibition unfortunately seems to have needed the most reinforcement.1 From discrete acts, such as Cain's killing Abel,2 to rampant patterns in Israel and Judah,3 God had consistently and persistently condemned all such behavior,4 yet this continued to be a problem in Ancient Near East society, as it is today. The commandment reads simply...

Exod 20:13 1= Deut 5:171 You shall not murder.

This is a very concise statement: only four words in English, just two words in Hebrew. In part because of its brevity, in part because of the ambiguity of the KJV's, "Thou shalt not kill," people have often misunderstood this command and have applied it to situations beyond the scope of what God intended. By looking at passages that address this or similar instances, we can identify more precisely...

I. The Focus of the Precept
Num 35:16 If a man strikes someone with an iron object so that he dies, he is a murderer; the murderer shall be put to death. 17 Or if anyone has a stone in his hand that could kill, and he strikes someone so that he dies, he is a murderer; the murderer shall be put to death. 18 Or if anyone has a wooden object in his hand that could kill, and he hits someone so that he dies, he is a murderer; the murderer shall be put to death. 19 The avenger of blood shall put the murderer to death; when he meets him, he shall put him to death. 20 If anyone with malice aforethought shoves another or throws something at him intentionally so that he dies 21 or if in hostility he hits him with his fist so that he dies, that person shall be put to death; he is a murderer. The avenger of blood shall pill the murderer to death when he meets him.
In this context, it is clear that...

A. God prohibits homicide (Num 35:l6-21).5

...the willful and malevolent taking of another's life. The modern, legal term is voluntary manslaughter. What distinguishes this crime from other causes of death is its motive.6 The judicial phrase that describes the motive comes from v. 20: "with malice aforethought," which translates a Hebrew expression that means with hatred".7 In other words, the act of murder that God condemns has two characteristics:
1. It is conscious (i.e., mindful not accidental)
...and...
2. It is malicious (i.e., hateful not neutral).
Some Christians apply the prohibition "You shall not murder" to circumstances God did not intend it to cover, but in this commandment...


B. God does not address other sorts of death.

Moses continues in...
Num 35:22 But if without hostility someone suddenly shoves another or throws something at him unintentionally 23 or, without seeing him, drops a stone on him that could kill him, and he dies, then since he was not his enemy and he did not intend to harm him, 24 the assembly must judge between him and the avenger of blood according to these regulations. 25a The assembly must protect the one accused of murder from the avenger of blood and send him back to the city of refuge to which he fled.
Here, Moses distinguishes the crime of homicide, to which this command pertains, from another cause of death...
1. It does not refer to involuntary manslaughter (Num 35:22-25a).8
The difference between voluntary and involuntary manslaughter is primarily motive. Whereas premeditated murder is intentional, "with malice aforethought," involuntary manslaughter is unintentional, "without malice aforethought," neither conscious nor malicious. Furthermore, unlike a murderer, someone guilty of involuntary manslaughter has the right to public protection, should a zealous relative of the deceased seek revenge.

The commandment in the Decalogue also does not apply to several other cases where the cause of death is attributable to someone. Turn back to...
Exod 22:2 If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed, 3 but if it happens after sunrise, he is guilty of bloodshed.
Breaking and entering at night entails a significant risk to the homeowner. Because he cannot know if the intention of an intruder is to harm him or to rob him, he may assume it is the former and protect himself accordingly.9 The sixth commandment has a different act in view; it pertains to homicide.
2. It does not refer to self-defense (Exod 22:23a).10
Turn ahead to...
Judg 16:28 Then Samson prayed to the LORD, "O Sovereign LORD, remember me. O God, please strengthen me just once more, and let me with one blow get revenge on the Philistines for my two eyes." 29 Then Samson reached toward the two central pillars on which the temple stood. Bracing himself against them, his right hand on the one and his left hand on the other, 30 Samson said, "Let me die with the Philistines!" Then he pushed with all his might, and down came the temple on the rulers and all the people in it. Thus he killed many more when he died than while he lived.
The law Moses received at Sinai makes no reference to the taking of one's own life, although the Bible contains several examples,11 as in this passage about Samson12 The sixth commandment has a different act in view; it pertains to homicide.
3. It does not refer to suicide (Judg 16:28-30).13
...because suicide, while it is a conscious act, is generally born of despair not malice. Moreover, as we will see later, the penalty for homicide is death, which would be after the fact for someone who committed suicide.

Turn back to...
Exod 21:22 If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. 23 But if there is serious injury, you are to take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise.
This is one passage in the law to which pro-life advocates appeal for support. Unfortunately, it is unclear if the "serious injury" that requires compensation is to the mother or to her unborn child. A parallel statute in another legal code, which has many similarities to Mosaic law, removes the ambiguity. There, only the mother's death is a capital offense,14 and that is likely the case in Exod 21 as well.15 The sixth commandment has a different act in view; it pertains to homicide.
4. It does not refer to abortion (Exod 21:22-25).
This is a sensitive subject for many Christians, and those in the pro-life movement often appeal to the sixth commandment in support of their position. However tempting that may be, the precept has a different action in view. It does not mean that God is not concerned about the unborn, only that we must not press this particular passage to mean more than He intended.

Turn ahead to...
Deut 7:24 He will give their kings into your hand, and you will wipe out their names from under heaven. No one will be able to stand up against you; you will destroy them.
God commands the Israelites to exterminate the residents of Canaan and even provides His support for that cause. This is only one of several occasions when He instructs His people to fight.16 The sixth commandment has a different act in view; it pertains to homicide.
5. It does not refer to (just) war (Deut 7:24).17
Turn way ahead to...
Rom 13:1 Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God.... 4 For he is God's servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath to bring punishment on the wrongdoer.
Although the state must exercise care in its judgments (e.g., sufficient testimony), God invests government— including secular government—with the authority ("the sword") to prosecute crimes (in addition to murder) that entail the death penalty.18

The sixth commandment has a different act in view; it pertains to homicide.
6. It does not refer to capital punishment (Rom 13:1, 4)19
There is much more we could discuss about these cases, and I do not mean to imply that God is indifferent to them. He has more to say about each of them, but they do not come under the aegis of the sixth commandment, and we must distinguish them from what God intended in this precept.

You may be feeling relieved, even secure in the knowledge that you have not violated this precept.
  • You may not have kept the Sabbath as you should,
  • You may have taken the Lord's name in vain once or twice,
  • You may not always have honored your parents.
...but at least you have not murdered anyone. This is one command you have kept. Still, have you ever exhibited either of the characteristics that typify a murderer? Have you consciously decided to do something that you know God would not want you to do?

One reason God has revealed His law is so that His people will know what pleases or displeases Him and will then act appropriately. He also made provision in the sacrificial system for times when His people sin "unintentionally,"20 but He made no provision for those who sin "defiantly."21

You may struggle with some sins more than others, perhaps with a habit that is hard to break, perhaps with a temptation that is difficult to resist. Take care that you do not give up the struggle and give in to sin. Do not let your unintentional act become a defiant act.

When God issues the sixth commandment, He has a specific crime in view. He also prescribes a punishment to fit the crime. Next time we will look at what God considers appropriate and at what the NT adds to our understanding of this precept.


Part 2

Some things go naturally together: cheese and crackers, peanut butter and jelly, spaghetti and meatballs, cake and ice cream. We put them together, because that is our culinary experience. We are accustomed to linking them. It is not so for everyone. As Linda and I moved around the country, we discovered other combinations that seemed odd to us but natural to people who grew up there: chitlins and hominy grits (SC), falafels and hummus (Israel), waffles and gravy (PA). A person's upbringing determines what things he associates... or not.
During Easter week, a woman proudly announced a personal victory at her Weight-Watchers meeting. She said this was the first year her kids realized that chocolate Easter bunnies...came with ears.
Some things may go naturally together, but people, for one reason or another, do not associate them. That was the case with certain religious leaders in the late Second Temple Period. They thought the sixth commandment, On Hostility, pertained only to the physical act of murder. Jesus explains, however, that it pertains also to one's emotional and mental attitude.

When God issued the sixth commandment, He did not waste words. That brevity has caused some from later periods to speculate about what He meant and, in their zeal to apply this precept, they expanded the crimes it covers. For those who lived in the Ancient Near East, though, the term God used had a specific meaning that referred to a specific act, an act other law codes of the period also condemned.
Please turn to...

Exod 20:13 [Deut 5:17] You shall not murder.

That is how several modern translations render this verse (e.g., NAS, NIV, NRSV, ESV, NLT), and it reflects the Hebrew term more accurately than the general term in other translations, such as the KJV's "Thou shalt not kill" (also ASV, RSV). In Num 35, where this Hebrew word also appears, the meaning is clear...

A. God prohibits homicide (Num 35:16-21).

...the willful and malevolent taking of another's life. The modern, legal term is voluntary manslaughter. What distinguishes this crime from other causes of death is its motive. The act God condemns has two characteristics:
1. It is conscious (i.e., mindful not accidental).
and...
2. It is malicious (i.e., hateful not neutral).
If we are rightly to divide the word of truth, as Paul admonishes (2 Tim 2:15), we must recognize the command's specific focus, that in this precept...

B. God does not address other sorts of death.
1. It does not refer to involuntary manslaughter (Num 35:22-25a). which is neither conscious nor malicious.
2. It does not refer to self-defense (Exod 22:2-3a).
3. It does not refer to suicide (Judg 16:28-30). as the Roman Catholic Church contends.
4. It does not refer to abortion (Exod 21:22-25).
5. It does not refer to (just) war (Deut 7:24). and...
6. It does not refer to capital punishment (Rom 13:1, 4).
which God assigns to governments.

While God has more to say about each of these cases, they do not come under the aegis of the sixth commandment, and we must distinguish them from what He intended in this precept.

Even if you have not kept completely or consistently the other commands in this ten-precept summary, you may feel relieved that you have not violated the prohibition against murder. Before you get too comfortable with that assumption, ask yourself if you have exhibited either of the characteristics that typify a murderer? Have you consciously decided to do something that you know God would not want you to do?

One reason God has revealed His law is so that His people will know what pleases or displeases Him and act appropriately. He also made provision in the sacrificial system for times when His people sin "unintentionally," but He made no provision for those who sin "defiantly."

You may struggle with some sins more than others, perhaps with a habit that is hard to break, perhaps with a temptation that is difficult to resist. Take care that you do not give up the struggle and give in to sin. Do not let your unintentional act become a defiant act.

When God issues the sixth commandment, He has a specific crime in view. He also prescribes a punishment to fit the crime, and applying the sentence may demand as much care as avoiding the sin. We look now at what He says about...

II. The Function of the Penalty
Num 35:29 These are to be legal requirements for you throughout the generations to come, wherever you live. 30 Anyone who kills a person is to be put to death as a murderer only on the testimony of witnesses. But no one is to be put to death on the testimony of only one witness. 31 Do not accept a ransom for the life of a murderer, who deserves to die. He must surely be put to death. 32 Do not accept a ransom for anyone who has fled to a city of refuge and so allow him to go back and live on his own land before the death of the high priest. 33 Do not pollute the land where you are. Bloodshed pollutes the land, and atonement cannot be made for the land on which blood has been shed, except by the blood of the one who shed it. 34 Do not defile the land where you live and where I dwell, for I, the LORD, dwell among the Israelites.
For the murderer...

A. God prescribes execution (Num 35:2934).22

...but in seeking the death penalty, those involved must recognize at least three things.
1. First, the sentence is to be careful.
  • It requires sufficient testimony23
  • There must be at least two corroborating witnesses.
2. Second, the sentence is to be consistent.
  • It remains unaffected by time or money.24
1) There is no statute of limitations on murder.
2) There is no getting off with just a fine.
3. Third, the sentence is to be cleansing.
  • It remedies defilement of the land.25 According to God...
1) The primary purpose for the death penalty is not preventative, to deter others from committing such crimes, although it may do that.26
2) The primary purpose for the death penalty is not punitive, to provide a just punishment for this crime, although it may do that.
3) The primary purpose for the death penalty is purgative, to remove an evil presence from the community.
The biblical sentence for a capitol crime makes no provision for rehabilitation or incarceration of the guilty. Its primary concern is the purity of the community.

Is there a possibility of clemency or parole? Turn to...
Deut 19:11 . . . if a man hates his neighbor and lies in wait for him, assaults and kills him, and then flees to one of these cities, 12 the elders of his town shall send for him, bring him back from the city, and hand him over to the avenger of blood to die. 13 Show him no pity. You must purge from Israel the guilt of shedding innocent blood, so that it may go well with you.
For cases of murder...

B. God does not allow any signs of leniency (Deut 19:11-13).

In ancient Israel, the authorities ("the elders") determined the guilt or innocence of the accused but did not carry out the sentence. They turned over the one convicted to "the avenger of blood," usually a relative of the victim, who performed the execution. According to God's instructions...
1. There is to be no place for the criminal.27
  • Nowhere to serve his sentence until he has paid his debt to society
and...
2. There is to be no pity for the criminal.28
  • No way to reduce his sentence so that he can rejoin society
This is also the fate of those who disobey God. They have no pardon from Him and no place with Him. They remain in their sin, separated from Him forever. That would be your fate had God not provided a way out by sending His son to pay the penalty for your sin. You may still face the temporal consequences for bad decisions you have made—decisions about your health, your finances, your relationships—but God will spare you from the eternal consequences of those bad decisions, if you repent.

Does this change mean you can coast through life to the end of your race? No. God expects you to live up to the potential He has placed in you, the potential His salvation has made possible for you. The US Army recruiting slogan, "Be all you can be," could apply equally to the Christian life. Are you being all you can be as a Christian?

God's instructions for dealing with those guilty of this crime may seem harsh, especially by comparison with procedures today. Our legal system does not turn over a killer to the victim's family, and some states have replaced execution with incarceration. Even in states with the death penalty, that sentence often follows years of imprisonment as a case makes its way through the courts and the appeals process. Do these changes reflect our greater enlightenment? Have they been good for our society?

However you might answer those questions, keep in mind that God's purpose in both this precept and the penalty was to produce a holy people. This purpose has not changed. In fact, Paul says...
Eph 1:4 [God] chose us... before the creation of the world to be holy....
2 Tim 1:9a [God] saved us and called us to a holy life....
In other words, God's purpose from the beginning until now has been the same—to produce a holy people—and heeding God's commands, including the prohibition against murder, moves them toward that goal. By keeping this command, you fulfill God's purpose for you. Is that what you are striving for? Are you living a holy life?

Understanding the precept and the penalty does not quite exhaust what God says about this command. Jesus notes one further development with...

III. The Formulation of the Principle

When we consider the principle behind a precept, we must be careful not to expand the precept in a way the author did not intend. Earlier, I cited several ways people have expanded the sixth commandment to include causes of death that are outside the scope of what God intended. Are there legitimate applications, then, and how can we identify them? Numbers 35, where it is clear this command applies to homicide, identifies two characteristics: The act God condemns is conscious and malicious. A legitimate application of this command beyond the act of homicide will have these two characteristics.

This command appears again in Jesus' Sermon on the Mount. There, we see that the prohibition against murder has not expired, that...

A. God preserves torah (Matt 5:21).
Matt 5:21 "You have heard that it was said to the people long ago, 'Do not murder, and anyone who murders will be subject to judgment.' 22 But I tell you that anyone who is angry with his brother will be subject to judgment. Again, anyone who says to his brother, 'Raca,' is answerable to the Sanhedrin. But anyone who says, 'You fool!' will be in danger of the fire of hell. 23 "Therefore, if you are offering your gift at the altar and there remember that your brother has something against you, 24 leave your gift there in front of the altar. First go and be reconciled to your brother; then come and offer your gift.
Jesus is not advocating any abrogation of the law. He is not saying, "What you heard before was wrong; what I'm telling you now is right." Quite the contrary, as he made clear earlier in the chapter...
Matt 5:18 ...until heaven and earth disappear, not the smallest letter, not the least stroke of a pen, will by any means disappear from the Law until everything is accomplished.
The problem Jesus is addressing is that some religious leaders have misrepresented God's law by making it narrower than He intended, by teaching that God cares only about the act of murder and not about the attitude behind it.29
1. The precept has not changed.30
and...
2. The penalty has not changed.31
...but people are not applying the law as they should. They think as long as they refrain from murdering their neighbor, they are pleasing God. Jesus says, "God's expects more than that." In fact...
Matt 5:20 . . . unless your righteousness surpasses that of the Pharisees and the teachers of the law, you will certainly not enter the kingdom of heaven.
Surpassing the righteousness of the religious leaders entails more than actions; it affects attitudes as well, which is why...

B. God does not accept lesser steps to murder (Matt 5:22-24).

In this treatment of the sixth commandment, Jesus is explaining how the righteousness of his followers should surpass "that of the Pharisees and teachers of the law" (5:20). Disciples must know the law as well as God's intention, His rationale behind the law. They must also avoid anything that moves them toward compromising the law. So Jesus says...
1. Do not be angry with a brother,
  • Because the first step toward murder is in the mind.32
2. Do not be insulting to a brother,
  • Because the second step toward murder is in the mouth.33
3. Do not be estranged from a brother,
  • Because the third step toward murder is in the method you use to deal with conflict.
Jesus refutes the notion that a person can be righteous while hating his brother. Whoever thinks that as long as he does not actually kill someone, he has not violated God's will and is, therefore, safe from God's wrath, has misunderstood Torah. God is as concerned with your attitudes as He is with your actions.

Some people who oppose the death penalty (abolitionists) argue that if it cannot be applied equally—by which they generally mean evenly, condemning similar numbers from all areas of society—it should not be applied at all. This objection assumes that murders occur with the same frequency in any given group, that, for example, dentists kill as many people as drug dealers. Whatever your feeling about dentists, and the pain they willingly inflict upon their patients, you should see the flaw in such reasoning. Certain groups, because of their disposition or occupation, are prone to violence. Consequently, the murder rate is disproportionately higher among them. Yet, even if murder rates were equally high among dentists and drug dealers but not equally prosecuted (with more drug dealers than dentists being convicted), the solution would not be to strive for equality by punishing the guilty less but to strive for justice by punishing more of the guilty.34 Justice trumps equality.

Other people who oppose the death penalty argue that if it cannot be applied carefully—by which they generally mean equitably, convicting or acquitting on the basis of proper evidence—it should not be applied at all. This objection has some merit in that God requires adequate support for the charge. Moses says...
Deut 17:6 On the testimony of two or three witnesses a man shall be put to death, but no one shall be put to death on the testimony of only one witness.
It is important, therefore, that our judicial system do its best not to convict a person wrongly. Nevertheless, poor representation, faulty evidence, even corrupt officials may result in improper convictions, which is why our system has an extensive appeals process. Such problems, though, are not unique to our society.
  • Queen Jezebel used trumped up charges and false witnesses to convict Naboth of a capital crime in order to seize a vineyard he refused to sell.35
  • Religious leaders used trumped up charges and false witnesses to convict Jesus of a capital crime in order to silence his criticism of them.
Despite such travesties of justice, God does not rescind the penalty for capital crimes such as murder.36 Rather, He holds us responsible to make judgments as carefully as we can.

Much of the objection to this sentence revolves around the assumed finality of death. If there is no hereafter, then execution marks the end of life with no opportunity to rectify wrongful sentences. If there is a hereafter, then execution marks the transition from one stage of life to another and either a final acquittal or a final condemnation.

In the case of Karla Faye Tucker, convicted in Texas of killing two people with a pickax, the fact that she allegedly repented and became a Christian while on Death Row may eliminate the eternal penalty for her crime but has no bearing on its temporal penalty. Hence, her execution in 1998 was both appropriate and just. If she did turn to God, then she is now with God; if not, then she is elsewhere. Either way, death was not the end for her.

While courts must try capital cases with great care and while new DNA testing may exonerate some currently on death row, to suggest, as one opponent does, that "the only true solution" for the possibility of error "is to abolish the death penalty" (Marshall 2000), throws out the baby with the bath water. Moreover, whatever "the inequities that will remain" in keeping the death penalty (e.g., the defendant's race or the quality of his lawyer; ibid.), they do not outweigh the justice of executing the many who deserve it and, thereby, of purging their evil influence from society.

The prohibition in the sixth commandment, On Hostility, has needed repeated reinforcement in scripture, because it has been a recurring problem in history. The fact that it appears in this summary means that even God's people are susceptible to violating it. Murder is a terrible crime, and the punishment He prescribes is well deserved. Bear in mind, though, that the physical act is not the only way to transgress this precept. Jesus identifies other, less obvious but still harmful ways, and it is against those that you must be especially vigilant.

For the Bibliography and Endnotes see the pdf here

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Relevant and civil comments are welcome. Whether there will be any response depends on whether Dr. Manuel notices them and has the time and inclination to respond or, if not, whether I feel competent to do so.
Jim Skaggs