Escaping the Death Penalty

Then the Lord said to Joshua: “Tell the Israelites to designate the cities of refuge, as I instructed you through Moses, so that anyone who kills a person accidentally and unintentionally may flee there and find protection from the avenger of blood.”

Joshua 20:1-3

What does the Bible teach about the death penalty? Many who speak about the sanctity of all life oppose capital punishment. Although we agree with such people in their strong opposition to abortion, we disagree with their opposition to capital punishment. The death penalty for a capital offense is thoroughly scriptural, and as Reformed believers we are to submit to the authority of Scripture in every matter.

In this study we want to consider, first, what the Scripture says about capital punishment, especially for the crime of murder; then we will consider the cities of refuge which God instituted to show mercy to those who murdered someone unintentionally; and, finally, we will speak about Jesus Christ, who is the true city of refuge for all sinners who flee to him.

Capital Punishment Is Scriptural

R. J. Rushdooney, in his book, Institutes of Biblical Law, lists at least eighteen offenses in the Old Testament for which the death penalty was required: murder, striking or cursing a parent, kidnapping, adultery, incest, bestiality, sodomy or homosexuality, unchastity, rape of a betrothed virgin, witchcraft, offering human sacrifice, habitual criminality, blasphemy, Sabbath-desecration, propagation of false doctrines, sacrificing to false gods, refusing to abide by court decisions and, finally, failing to restore a pledge or bailment. The death penalty for these crimes was meted out on the testimony of two or more witnesses. The methods of execution were burning, stoning, hanging, and killing by sword.

The first reference to the death penalty for the crime of murder is found in Genesis 9:6: “Whoever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man.” Here God declares his opposition to murder and threatens that a murderer deserves death because he has killed one who is the image-bearer of God. Being the image-bearer of God does not mean that man is God, but that man is like God, especially in his moral qualities and rationality, and that man is to depend on God and relate to him in worship.

Contrary to the claims of some, man is not an animal. As Francis Schaeffer said, although man is fallen, he has not lost his “mannishness.” God saves fallen man by recreating him in righteousness, holiness, and knowledge of God – that is, by restoring the image of God in him. Therefore, the act of murdering a man is an assault on the honor of God. For this offense, a murderer must be put to death.

This law in Genesis 9:6 was given long before the promulgation of the law on Mount Sinai. Yet, like all laws in the Scriptures, it is based on God and his character, not on human ideas or sociological considerations.

The death penalty for murder was not abrogated in the New Testament. In Romans 13 God gives the state the authority to exercise the power of the sword:

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. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right, and he will commend you. 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. Therefore, it is necessary to submit to the authorities, not only because of possible punishment, but also because of conscience (vv. 1-5).

This passage is not easy to interpret, and I would refer those interested in a detailed study to Dr. Martyn Lloyd-Jones’ commentary on Romans 13 (D. Martyn Lloyd-Jones, Life in Two Kingdoms: An Exposition of Romans 13 [Edinburgh: Banner of Truth Trust, 2000]). But certain things are clear. Three times we are told that the state is granted its authority by God himself. We are also told three times that the state is a minister of God, whose function is to punish evil and promote good. Thus, God gives the state the power of the sword of life and death. And we must note that Paul was writing this, not about a Christian state, but about the pagan Roman government of his time.

The Westminster Confession of Faith also speaks about this authority God gives to the state:

God the supreme Lord and King of all the world, hath ordained civil magistrates to be under Him, over the people, for His own glory, and the public good; and, to this end, hath armed them with the power of the sword, for the defense and encouragement of them that are good, and for the punishment of evil doers (WCF, Chapter 23, Section 1).

Interestingly, Scripture never speaks about reforming a murderer. That is a modern idea. Instead, it requires the state to mete out capital punishment to murderers, thus upholding the sanctity of life and the justice and honor of God. That is the biblical view of capital punishment.

The Six Cities of Refuge

However, Scripture also made provision for sparing the life of one who killed a person accidentally, without premeditation. The avenger of blood, the nearest male relative of the victim, had a duty to pursue the murderer and kill him, and he did not differentiate between intentional and unintentional killing. So God required Israel to set apart six cities of refuge to which one who unintentionally killed another could flee and be safe. This is recorded in Exodus 21:12-13; Numbers 35:6-34; Deuteronomy 4:41-43 and 19:1-13; and Joshua 20:1-9.

These cities were to be centrally located and built on eminences so they could be easily seen and accessed by all. Their gates were always unlocked. God told Moses to build roads so that people could reach them safely, and we are told in extrabiblical writings that, when necessary, bridges were built so that people could reach these cities by the shortest route possible. Periodically, the roads were cleared of all debris so that nothing would hinder a person from running to a city of refuge. Additionally, large signs were posted at crossroads, identifying these cities and giving directions to them. The signs were written in large letters so that a person could easily read them as he ran.

The cities of refuge were given by the Israelites to the Levites who served God and were stocked with all provisions necessary for the refugees. Not only Israelites, but also aliens were permitted to run into these cities and be safe. When they reached the city, they had to stop at the gates and present their case to the court of elders at the gate. After a preliminary hearing, they would be given conditional asylum. Then the authorities were required to establish the circumstances of the killing. If the killing was proven by the testimonies of two or more witnesses to be unintentional, the refugee was permitted to stay in the city until the death of the high priest. Then he would be free to return to his own city and family, unmolested. But if the assembly determined that the murderer had killed someone intentionally, he would be handed over to the avenger of blood to be killed. Thus the land would be cleansed of any defilement.

There were six cities of refuge – three on the east side of the Jordan River, and three on the west. On the west there was Kedesh in the north, in the land of Naphtali; Shechem, centrally located in the territory of Ephraim; and Hebron, or Kiriath Arba, in the southern territory of Judah. On the east side of the Jordan there was Golan in the north, located in Manasseh; Ramoth Gilead in the central region, in the territory of Gad; and Bezer, in the land of Reuben in the south.

Christ, Our True Refuge

The cities of refuge were established by divine initiative and mercy, but only those who fled to them would be safe from death. They point to the Lord Jesus Christ, who is the true city of refuge to which every sinner can flee and be safe, not from physical death, but from eternal death. All can find refuge in him – not only those who have sinned unintentionally, but also those who have sinned intentionally.

We are given an example of the latter in 2 Samuel 11, where we are told that King David intentionally killed Uriah the Hittite, who was a godly Gentile convert. Verses 14-15 tell us, “In the morning David wrote a letter to Joab and sent it with Uriah. In it he wrote, ‘Put Uriah in the front line where the fighting is fiercest. Then withdraw from him so he will be struck down and die.'” And in 2 Samuel 12:9 we see Nathan confronting David: “Why did you despise the word of the Lord by doing what is evil in his eyes? You struck down Uriah the Hittite with the sword and took his wife to be your own. You killed him with the sword of the Ammonites.” David murdered Uriah intentionally, yet in Psalm 51 we find him asking God to forgive his sins: “Save me from bloodguilt, O God, the God who saves me, and my tongue will sing of your righteousness” (v. 14).

The truth is, “all have sinned and fall short of the glory of God” (Romans 3:23). “There is no one righteous . . . no one who understands, no one who seeks God . . . no one who does good . . . There is no fear of God before their eyes” (Romans 3:10, 12, 18). All of us, both Jews and Gentiles alike, are under sin, under guilt, and under the sentence of death. We all are born sinners who daily practice sin. Chapter 1 of Romans proves the intentional nature of our sin: “The wrath of God is being revealed from heaven against all godlessness and wickedness of men who suppress the truth by their wickedness” (v. 18); “For although they knew God, they neither glorified him as God nor gave thanks to him” (v. 21); “Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them” (v. 32).

The question is, is there hope for such miserable sinners? Is there a city of refuge to which wicked people can flee and be safe? Or to phrase it more bluntly: Does God justify the wicked? Thanks be to God, the gospel tells us he does: “However, to the man who does not work but trusts God who justifies the wicked, his faith is credited to him as righteousness” (Romans 5:4). That is why the gospel is called good news. “The wages of sin is death, but the gift of God is eternal life in Christ Jesus our Lord” (Romans 6:23). David the murderer fled to Christ. There his sins were forgiven and he was saved from the penalty of eternal death.

In Jesus our sins can be forgiven. But how can this be? Is God not just? The answer is that God is just, but Jesus suffered the death penalty in our behalf. Jesus Christ is perfect God and perfect man, God/man. He is without sin, as Pilate declared three times. (PGM) The eternal Son of God became incarnate that he might die in our place. His death was our death, the death we deserved for our sins. Second Corinthians 5:21 tells us, “God made him who had no sin to be sin for us, so that in him we might become the righteousness of God.” Jesus Christ died in the place of every repenting and believing sinner.

Why was Christ crucified? Galatians 3:13 says, “Christ redeemed us from the curse of the law by becoming a curse for us.” Jesus Christ is the brazen serpent of Numbers 21, a symbol of sin punished, lifted high on a pole for us (John 3:14). Dying sinners can look to Jesus, lifted up on the cross, and be instantly saved.

The justice of God was satisfied by the substitutionary death of Jesus Christ. But we must run to him and trust in him to be safe from the death and the divine justice that pursues us. The Scripture says, “God is our refuge and strength, an ever-present help in trouble” (Psalm 46:1), and “Therefore, there is now no condemnation to those who are in Christ Jesus” (Romans 8:1).

Jesus Christ is the city of refuge for all who have sinned, whether intentionally or unintentionally. The writer to the Hebrews clearly understood this, so he wrote in Hebrews 6:18, “God did this so that, by two unchangeable things in which it is impossible for God to lie, we who have fled to take hold of the hope offered to us may be greatly encouraged.” And this refuge is also centrally located; as the Scripture says, “The word is near you; it is in your mouth and in your heart” (Deuteronomy 30:14, Romans 10:8). The way to this refuge is clearly marked, both in the written Scriptures and whenever the gospel is proclaimed. Our job is to lift Jesus higher as we speak about his incarnate life, death, and resurrection that brings salvation to us. Jesus himself said, “I am the way and the truth and the life” (John 14:6); “I am the resurrection and the life” (John 11:25); “I give them eternal life” (John 10:28); and, “Come to me, all you who are weary and burdened, and I will give you rest” (Matthew 11:28).

The cities of refuge were open to all people, Gentiles as well as Jews, as we read in Joshua 20:9. In the same way, Jesus Christ saves all people – Jews, Gentiles, men, women, masters, slaves, rich, poor. There is no difference; all have sinned. So also no one will be driven away from this city of refuge. In John 6:37 Jesus said, “All that the Father gives me will come to me, and whoever comes to me I will never drive away,” or, to put it positively, “I will receive, save, forgive, justify, and give eternal life to everyone who comes to me.”

No longer do we need to run to a sacred geographical city to be saved. We need only look to the cross and cry out to the risen Christ. The Bible guarantees that everyone who calls upon the name of the Lord will be saved. That is a divine promise. As we look to Jesus and entrust ourselves to him, we shall be saved from the justice and sword that pursue us.

Just as the refugees found sufficient provision in their cities of refuge, we too find sufficient, and more than sufficient, provision in Jesus Christ. The psalmist said, “The Lord is my shepherd; I shall lack nothing.” Jesus tells us, “I am the vine; you are the branches,” and, “Seek ye first the kingdom of God and his righteousness, and all these things shall be added unto you.” Everything necessary for both physical and spiritual life is granted to us in Jesus Christ.

Outside the City

What about those who do not flee to Christ and remain outside the refuge he offers? The Bible says that outside of Christ is darkness, misery, hopelessness, and eternal death. Jesus Christ spoke more about these things than anyone else. In Matthew 8:12 he said of unbelievers, “[They] will be thrown outside, into the darkness, where there will be weeping and gnashing of teeth.” In Matthew 13:42 he said, “They will throw them into the fiery furnace, where there will be weeping and gnashing of teeth,” and in Matthew 13:49-50, “The angels will come and separate the wicked from the righteous and throw them into the fiery furnace, where there will be weeping and gnashing of teeth.”

Matthew 22 tells of a man who came into a wedding feast, which stands for the kingdom of God, without the garments provided by the king, symbolizing the righteousness of Christ. What happened to this man who tried to gain salvation his own way? “Then the king told the attendants, ‘Tie him hand and foot, and throw him outside, into the darkness, where there will be weeping and gnashing of teeth'” (v. 13). Matthew 24:51 says of a wicked servant who did not obey his master: “He will cut him to pieces and assign him a place with the hypocrites, where there will be weeping and gnashing of teeth.” In Matthew 25:30 the master says of his servant who did not trust in his goodness, “Throw that worthless servant outside, into the darkness, where there will be weeping and gnashing of teeth.” And Matthew 25:46 tells of those who did not serve Christ, “Then they will go away to eternal punishment, but the righteous to eternal life.”

People today will mock any preacher who speaks of eternal judgment. But the Scriptures clearly teach that there is a heaven and a hell. Heaven is a place of eternal happiness, blessing, and communion with God; it is a place of inexpressible joy and felicity. But hell is a place of eternal and inexpressible misery, pain, and unhappiness.

Revelation 22:15 tells us, “Outside are the dogs, those who practice magic arts, the sexually immoral, the murderers, the idolaters and everyone who loves and practices falsehood.” Outside! There is an outside and there is an inside. Outside is the City of Destruction, but inside is the City of God, the City of Life, the City of Eternal Refuge in Christ.

Have You Taken Refuge?

What about you? Have you fled to the city of refuge? Have you trusted in Jesus Christ? Romans 10:9 says, “If you confess with your mouth, ‘Jesus is Lord,’ and believe in your heart that God raised him from the dead, you will be saved.” This city is always open: Jesus Christ is accessible to us now. Therefore, I urge you to accept his invitation and entrust yourself to Christ today. “The Spirit and the bride say, ‘Come!’ And let him who hears say, ‘Come!’ Whoever is thirsty, let him come; and whoever wishes, let him take the free gift of the water of life” (Revelation 22:17).

No one is going to carry you to Christ; fleeing to him is each person’s responsibility. I urge you to wake out of your slumber and see the realities of heaven and hell, of life and death! May the Holy Spirit convict you of your sin, your guilt, your impending judgment, and the punishment due you. Be assured that God justifies the wicked who flee to Christ.

Run now! Don’t wait until later. Now is the accepted time, now is the day of salvation. And run in earnest! Do not be like Lot’s wife and look back. Cry out, “What must I do to be saved from the wrath of God against me?” And then listen to the answer of the gospel: “Believe on the Lord Jesus Christ and you shall be saved, you and your household.”

There is only one sure escape from the eternal death penalty – only one way, only one Savior, only one city of refuge for all sinners. “Salvation is found in no one else, for there is no other name under heaven given to men by which we must be saved” (Acts 4:12). Escape from everlasting destruction and flee to Christ, who is everlasting life.

In Noah’s day, God warned of a flood that would destroy all sinners. But he also provided an ark of safety for those who desired to escape. We are told that only eight entered the ark. The Lord himself shut the door, and they were saved. The Bible also says that when God threatened to destroy Sodom and Gomorrah, he promised to save all who would flee from those wicked cities. But only three were saved from the fiery destruction – the three who fled to safety.

So too, God has warned in the Scriptures that he will send his Son with glory and power to judge the world. Jesus Christ promised he would come again. When he comes, he will sit on a throne and summon all nations to come that he may judge them. For most, that judgment will result in condemnation; yet some will be saved – those who have repented of their sins and trusted in Jesus Christ.

Are you ready for the coming of the Lord? This was the great hope of the early church. I set before you eternal life and eternal death. I exhort you to choose life and escape from your deserved capital punishment. Enter through the narrow gate and be safe. Jesus said, “Small is the gate and narrow the road that leads to life, and only a few find it” (Matthew 7:14). John 3:36 says, “Whoever believes in the Son has eternal life, but whoever rejects the Son will not see life, for God’s wrath remains on him.”

There is a death penalty far more severe than stoning or beheading or dying by lethal injection. It is the eternal death that awaits every person who is outside of Christ. But there is a way of escape. Jesus said, “I give them eternal life, and they shall never perish” (John 10:28). Flee to Jesus Christ and be saved forever. Amen.