Martin Wickens

The Bible has shaped our language, legal system, and much of the world to a degree that even the most fervent of atheists couldn’t deny.

Last night, we began a new series looking at some of the phrases that we find in everyday language but have their origins in the Bible. We began with “eye for an eye”.

This phrase brings us to a question of justice. We hear a great deal about social justice, but this, as with any movement of human design, is dangerously and tragically flawed. Whether it be legal, personal, or especially spiritual, God’s justice is the one that truly counts.

So, let’s talk about God’s law and God’s justice.

1. The Similarities with Other Laws

God revealed His law progressively, but primarily to Moses. We know the Ten Commandments well (Exodus 20:1-17), but there were over 600 in total. They dealt with everything from the ceremonial to the civil.

One of the frequent attacks made on the Law of Moses is that such an advanced, codified system, could not have existed so long ago. However, other civilizations, and older ones, have been found to have similar legal systems. The most notable of these is the Code of Hammurabi. While it predates Moses’ Law and has similarities, it is inferior.

Hammurabi was a Babylonian King who reigned from 1795 – 1750 B.C. Hammurabi united all of Mesopotamia under his 43-reign of Babylon. Discovered in 1901, the Code of Hammurabi is one of the greatest archaeological finds. The end of the stele on which it was found speaks of Hammurabi’s rulings in individual cases, so it may have more to do with exalting Hammurabi than affirming a modern civil code.

It had 12 sections that consisted of 282 laws. They cover administrative, civil, and criminal matters. It doesn’t contain the exact phrase “eye for an eye” but it does have a similar principle. However, it didn’t apply to everyone. The rich and poor were dealt with differently.

Notably, many crimes were punishable by death, among them:

• Execution is called for,
• if one man ensnare another,
• false accusation,
• stealing temple property
• receiving stolen temple property
• stealing merchandise,
• false accusation of stealing
• robbery
• looting
• hiring a personal mercenary and not paying him [Note: Mercenaries? Good. Not paying them? Bad. 🙂 ]
• tavern owner who allows conspirators to meet in his tavern
• merchant imprisons debtor and dies due to mistreatment—son of merchant is executed
• adultery
• murder
• incest
• if the house a builder collapses and it kills the owner, the builder is executed,
• and if a builder’s house collapses and it kills the owner’s son—the builder’s son is executed.
• if a man causes a miscarriage by hitting a woman and the woman dies—the daughter of the man is executed

A few things stand out. It was not always the guilty that faced death. In the final two examples, it was the relatives that were punished for the crimes of another.

In total 25 crimes were punishable by death under the Code. If that sounds extreme, in 17th century England 222 crimes were punishable by death. In Colonial America, numerous crimes, including robbery, rape, horse stealing, and counterfeiting were punishable by death. Usually, by hanging.

So, do similar crimes meeting with similar punishments mean Moses copied Hammurabi? Not necessarily.

All it means is that the anthropological explanations in the Bible hold true. Wherever you find people you will find the same crimes because all crimes are an issue, not of circumstances or surroundings, but of the heart. It makes sense that these same crimes would be met with the same responses.

However, while there are similarities, we’ll see next that God’s law is superior.

The Superiority of God’s Law

Superior Because It Gets to the Heart of the Problem

Moses’ Law, given by God, defines man’s sin as the cause of criminal and immoral actions (Leviticus 11:45).

Any law that traces crime back to anything other than sin will ultimately be flawed. Circumstances and surroundings may hide, delay, or reduce crime, but it never deals with it completely.

“The Mosaic Law gives strong emphasis to the recognition of sin as being the cause of the downfall of a nation. Such a thought is entirely lacking in Hammurabi’s Code…Also the great fundamental principle of the laws of God in the Hebrew Bible may be summed up in the words: “Be ye holy, for I am holy” [Lev. 11:45]. Such a principle as this was utterly unknown to the Babylonians as seen in their law code.”

Fred Wight, author of Highlights of Archaeology in Bible Lands

Superior Because It Presumes the Righteousness of God

Moses’ Law speaks of sin and responsibility to God. There is a higher motivation than profit or getting along with our neighbors. This, by the way, is a critical flaw in capitalism today. Capitalism at its best has a strong root of Christianity running through it that measures profit with mercy and compassion.

Superior Because it Focuses on Our Relationship with God

The Code of Hammurabi focuses on human relationships with each other. Moses’ Law focuses on human’s relationship with God. Moses’ Law is religiously orientated. When a person is right with God, they will do right by their neighbor.

The Code of Hammurabi is focused on civil society and economics

“The Old Testament law code is religiously oriented, while the others are civil. The Mesopotamians believe the god Shamash gave Hammurapi his law code so people could get along with one another. In the Bible the law code was given primarily so people could get along with God.”

Archaeologist, Alfred Hoerth

Superior Because there Was A Provision for Forgiveness

Moses Law, though seemingly strict and severe, has provisions for forgiveness and restoration.

Superior Because It Was Based on Love

Mosaic Law is underpinned with the commands to love God and love your neighbour (Matthew 22:36-40; Deuteronomy 6:5; Leviticus 19:18).

Jesus summarized all the law when He commanded us to love God and love our neighbor.

Superior Because Justice with God is Genuine
An eye for an eye is not about harshness, but proportional retribution and true justice. In much of the ancient world, one offense could grow into a never-ending feud. Most familiar here might be the Hatfields and McCoys. The principle of an eye for an eye would have stopped the violence at the outset.

An eye-for-an-eye means
▪ The original offense must be proven
▪ Witness and a jury is needed
▪ If the guilt is proven, then the justice must be proportional to the crime.

Arguably, it gives a basis for the Eighth Amendment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

‘Merica

Social Justice, or any justice of human origin, is radically inferior.
▪ Social justice demands a punishment beyond the crime
▪ Social justice demands the innocent pay for the crimes of others (guilt by association)
▪ Social justice generates bitterness and a never-ending back-and-forth between the people it pits against each other.
▪ Social justice never ends.
▪Social justice requires only an allegation, often not even evidence or witnesses (consider the recent BYU debacle).

• Social justice is not spiritual, nor is it established on principles of love, but is all about revenge and coercion.

God’s justice is focused on
▪ Restoring our relationship with Him
▪ Enabling a healthy relationship with each other.
▪ Justice is accomplished
▪ Forgiveness is provided.

Our Savior’s Application of the Law

In everything, Jesus gives a higher standard for His followers. Jesus did not break the law and He did not destroy the law – He fulfilled it (Matthew 5:17).

Repeatedly, in Matthew 5, Jesus uses the formula “Ye have heard… but I say unto you…” (Matthew 5:21, 27, 33, 38, and 43).

Jesus said,

“(38) Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: (39) But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. (40) And if any man will sue thee at the law, and take away thy coat, let him have thy cloke also. (41) And whosoever shall compel thee to go a mile, go with him twain. (42) Give to him that asketh thee, and from him that would borrow of thee turn not thou away.”

Matthew 5:38-42

Jesus is not dealing with criminal offenses or military engagements. Jesus is dealing with matters of personal issues. What Moses had intended to be a matter for the government and the court system, some had taken to be relevant for every personal slight.

A good explanation is found here,

“In giving this “new” command, Jesus is not nullifying the Old Testament law (Matthew 5:17). Rather, He is separating the responsibility of the government (to punish evildoers justly) from the responsibility we all have on a personal level before God to love our enemies. We should not seek retribution for personal slights. We are to ignore personal insults (the meaning of “turn the other cheek”). Christians are to be willing to give more of their material goods, time, and labor than required, even if the demands upon us are unjust. We should loan to those who want to borrow, love our enemies, and pray for those who persecute us (verses 43–48). Enforcing “an eye for an eye” is the magistrate’s job; forgiving our enemies is ours. We see this played out today every time a victim stands up in court to publicly forgive a convicted criminal—the forgiveness is personal and real, but the judge still justly demands that the sentence be carried out.”

www.gotquestions.org

It is also a matter, sometimes, of letting God be the Judge, and not losing ourselves in missions of vendettas and revenge (Romans 12:19).

We must remember, that it is possible for justice to be measured with mercy.

Conclusion:

So, an eye for an eye sets the stage for proportional justice, it has impacted the best of our legal system, but for individuals, as explained by Jesus, the principle must be measured with mercy.