Today’s devotion comes from Exodus 21:12-25.
“12 “He who strikes a man so that he dies shall surely be put to death. 13 But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint you a place to which he may flee. 14 If, however, a man acts presumptuously toward his neighbor, so as to kill him craftily, you are to take him even from My altar, that he may die.
15 “He who strikes his father or his mother shall surely be put to death.
16 “He who kidnaps a man, whether he sells him or he is found in his possession, shall surely be put to death.
17 “He who curses his father or his mother shall surely be put to death.
18 “If men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed, 19 if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed.
20 “If a man strikes his male or female slave with a rod and he dies at his hand, he shall be punished. 21 If, however, he survives a day or two, no vengeance shall be taken; for he is his property.
22 “If men struggle with each other and strike a woman with child so that she gives birth prematurely, yet there is no injury, he shall surely be fined as the woman’s husband may demand of him, and he shall pay as the judges decide. 23 But if there is any further injury, then you shall appoint as a penalty 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.” Exodus 21:12-25.
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Today’s Scripture, summarized by the last three verses, teaches us that proportionate punishment must be in our laws. Punishment should be proportionate to the severity of the crime. And yet, many misuse these phrases such as “eye for eye, tooth for tooth” as just an excuse for their personal vengeance.
Jesus said: “You have heard that it was said, ‘An eye for an eye, and a tooth for a tooth.’ But I say to you, do not resist an evil person; but whoever slaps you on your right cheek, turn the other to him also. If anyone wants to sue you and take your shirt, let him have your coat also. Whoever forces you to go one mile, go with him two. Give to him who asks of you, and do not turn away from him who wants to borrow from you.” Matthew 5:38-42. In other words, Jesus was teaching us that even though we have the legal right according to justice to obtain a proportionate restitution or punishment, we should forgive and show mercy and love those who wrong us.
But, Jesus’ words do not eliminate the need for society to enact laws based on proportionate punishment. Laws should give Judges discretion to show mercy at times when the specific facts warrant it according to their judgment, but at a minimum floor of justice (so to speak), laws should not force Judges to punish beyond what is proportionate for the crime.
However, we live in a time when laws are promoted by Christians which are basically “one size fits all”. There are laws which give a mandatory minimum punishment no matter what the facts are. These laws take away discretion from the Judges in the false name of “Law and Order”.
Let us remember that “Law and Order” (or similar terms) was used by wicked tyrants to justify their claimed absolute right to do whatever they wanted to do.
“Law and Order” should be just. “Law and Order” should be based on the cornerstone of proportionate punishment.
And yet, we see “the religious right” at the forefront of the push to enact laws that go away from proportionate punishment. These people who claim to be Christians, and who do so, are cruel, not just.
There is a pressure on Christians to be more politically motivated to be within such a political group of “the religious right” allegedly fighting for “Law and Order” than to be spiritually motivated to understand what Scripture teaches about justice and mercy and to promote laws that best show justice and mercy.
Therefore, when we read today’s Scripture, even though its ordinances do seem strange and impractical, let us work hard to glean basic principles of justice such as proportionate punishment.