“A man shall not take his father’s wife, so that he does not uncover his father’s nakedness.” Deuteronomy 22.30
“If a man lies with his father’s wife, he has uncovered his father’s nakedness; both of them shall surely be put to death; their blood is upon them.” Leviticus 20.11

The death penalty actually pre-dates the Law of God, having been instituted by God Himself with the renewing of His covenant following the flood (Gen. 9.5, 6). The rationale for the death penalty seems to be twofold. First, violence against men is a form of violence against God, Who is life itself. Men are made in the image of God and thus anyone who would assault that image, which represents life itself, must be prepared to forfeit his own.

Second, however, is the fact that violence against men must be checked by the most severe measures, to put the fear of death into the hearts of those who might be thinking about doing violence to their neighbors. Because throughout the period of the Old Testament men did not have the Spirit of God within them to restrain and retrain their sinful impulses, external measures were required to bridle their passions by fear. All who, in our day, possess the Spirit of God continue to fear the Lord and His justice, but they are also able to love their neighbors and discipline their affections in ways people without the Spirit simply cannot.

The death penalty could be invoked for various transgressions under the Law of God, including, murder, rape, false teaching, wizardry, idolatry, whoredom, sexual perversion (including adultery, as in our texts), and in the case of a recalcitrant adult child. To be sure, the death penalty is an extreme measure, and was in the Old Testament as well. God intended the death penalty as a means of purging hardened or dangerous individuals from the community of His people and of teaching His people to fear Him and His wrath against their sins.

New Testament writers acknowledge the legitimacy of the use of the sword – a symbol both of capital punishment and warfare – by civil authorities (cf. Rom. 13.1-4). The kingdoms of men, still subject to the corruption and ravages of sin – in spite of the widespread common grace of God – still require extreme measures to ensure order and justice, including the death penalty. Within the Kingdom of God, however, the Old Testament laws about capital punishment must be understood in the light of grace, forgiveness, and hope, as we shall see.

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