How Israel’s Law Worked

The laws governing ancient Israel were given by God through Moses. Since God made man, he surely would know best how to deal with the full range of human activity, including the treatment of offenders.

As noted previously, God’s law through Moses made no provision for any prison sentences. It provided other specific penalties for crimes. Crimes against property, such as theft, destruction or fraud, were never handled by imprisoning the offender. Instead, the basic punishment was compensation to the victims.

For example, if a person stole a bull or a sheep, and was caught with the animal, he would have to compensate by giving the victim two bulls or two sheep. The penalty was double the amount of the theft or of damage done. If the thief had already slaughtered or sold the bull or sheep, then the compensation went up: for the bull he would have to pay back five bulls; for the sheep, four sheep. Stolen items other than livestock required double compensation.​—Ex. 22:1-9.

But what if the offender could not make compensation for the theft? Then he would be sold into slavery and the price used as the compensation. He served his master until he had worked out his debt. As a slave, however, the law required him to be treated kindly as a hired laborer. Thus, the victim would be compensated, and so would the one who paid for the slave, since he would be getting work in return.​—Ex. 22:3.

Today a person who assaults another is given either a jail sentence or a suspended sentence on probation. But his victim may miss weeks or months of work. Who pays the victim’s bills while he is incapacitated? Not the offender. In some places the victim may have no income of any kind and thus become a burden on the community.

But under the law that God gave ancient Israel the offender would have to compensate the victim for his time lost from work: “In case men should get into a quarrel and one does strike his fellow with a stone or a hoe and he does not die but must keep to his bed; . . . then the one who struck him . . . will make compensation only for the time lost from that one’s work until he gets him completely healed.”​—Ex. 21:18, 19.

What was God’s law to ancient Israel concerning such offenses? The convicted murderer would, without fail, be put to death. This served as both a punishment and a deterrent. And there was no ambiguity on the matter. One court would not decide one way, and another court some other way. The matter was handled uniformly all over the country because the same laws applied everywhere.​—Ex. 12:49.

Thus, in ancient Israel there would never be the possibility that murderers would be released to kill other innocent persons. They, the guilty, being forewarned by the law concerning the preciousness of life in God’s sight, would pay the price.

Accidental manslayers were handled differently, although they still were not put in prisons. But because they had taken life, they were required to live for a specific period of time in areas set aside for that purpose. There they could carry on the normal pursuits of life, but could not leave, under penalty of death. So a restriction was imposed because they had taken life, but a merciful arrangement was allowed them because it had been unintentional.​—Num. 35:6-32.

Also of great interest is how unreformable criminals were dealt with in Israel, even where their crimes would not have originally merited the death penalty. If persons deliberately refused to abide by the law, if they were beyond reform, they were put to death. In this way two things were accomplished. As Deuteronomy 17:12, 13 says: “You must clear out [by execution] what is bad from Israel. And all the people will hear and become afraid, and they will not act presumptuously anymore.” Yes, unrepentant criminals were ‘cleared out,’ executed. This served as a punishment, as a deterrent and also as a protection to the innocent who desired to live law-abiding lives.

[Diagram on page 16]

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EXAMPLES UNDER THE MOSAIC LAW

CRIME COMPENSATION

STEALING ONE SHEEP TWO SHEEP

STEALING AND KILLING ONE BULL FIVE BULLS

STEALING BUT UNABLE TO WORKING TO PAY DOUBLE THE

MAKE COMPENSATION VALUE OF WHAT WAS STOLEN

MURDER DEATH PENALTY (USUALLY BY STONING)

UNREFORMABLE CRIMINAL DEATH PENALTY