Crime and Punishment, Mostly Punishment (Dt 25:1-3)

"If there is a dispute between men and they go to court, and the judges decide their case, and they justify the righteous and condemn the wicked, then it shall be if the wicked man deserves to be beaten, the judge shall then make him lie down and be beaten in his presence with the number of stripes according to his guilt. He may beat him forty times but no more, so that he does not beat him with many more stripes than these and your brother is not degraded in your eyes." (Deuteronomy 25:1-3)

This scripture tells us several things about punishment:

1. Physical punishment can be effective as a vehicle for administering justice. In my country we presently only have two options for punishment: 1) fines, and 2) incarceration, but this was not always the case. For example, in Las Vegas (where I used to live) the penalty for one who physically abused his wife used to be public beatings. In may other nations, beating or caining is still practiced today. In the right context, this may be useful as a punishment and a deterrence to crime.
2. For punishment to be effective it must be applied in a timely manner. When years pass between the crime, the sentence, and the actual punishment, the value of punishment as a deterrent diminishes. King Solomon observes, "Because the sentence against an evil deed is not executed quickly, therefore the hearts of the sons of men among them are given fully to do evil." (Ecclesiastes 8:11)
3. Punishment should not be done in secret. When punishment is done behind "closed doors" it can lead to the sentence being too strict and/or to the abuse of the offender. When those who mete out punishment never see the results of their sentence they loose touch with the effect their decision has on the lives of those they preside. Similarly, when punishment is not done "in the light" it is hard to ensure that the punishment is executed as intended in the sentence.
4. In punishment we must not loose sight that the offender is a person; one made in the image of Christ. No matter how heinous the crime, a person is still a person and deserving of respect. Not that we pity the offender, but we must still treat them with the common dignity shown to an human being. Punishment must not necessitate disrespect.

David Robison

crime, punishment, Book of Deuteronomy, The Robe, Foundations of Governance, David Robison

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Aliens, Orphans, and Widows (Dt 24:19-22)

"When you reap your harvest in your field and have forgotten a sheaf in the field, you shall not go back to get it; it shall be for the alien, for the orphan, and for the widow, in order that the Lord your God may bless you in all the work of your hands. When you beat your olive tree, you shall not go over the boughs again; it shall be for the alien, for the orphan, and for the widow. When you gather the grapes of your vineyard, you shall not go over it again; it shall be for the alien, for the orphan, and for the widow. You shall remember that you were a slave in the land of Egypt; therefore I am commanding you to do this thing." (Deuteronomy 24:19-22)

God has a plan for providing for the poor and indigent among us, not a plan with a system of handouts, but a calling for us to forfeit the "edges" or "excess" of our prosperity that others may glean from them. In Moses' day that meant leaving some of the harvest in the field that the poor and needy might glean the provision of God behind them. This bounty was not simply handed to the poor but was left in the field for them that they might gather according to their own industry.

What might this look like today? For a while we had our gutters cleaned by some people who were in extreme financial need. I could have cleaned it myself but the amount I paid to someone else who was in need of the work was simply the gleanings of my abundance. Maybe its paying someone who needs some money to rake and bag your leaves. Certainly you could do this but you could also spend some of the excess of your abundance to bless someone else. I'm sure there are many ways we can practice the scripture and leave the gleanings to the poor.

One final thought, Moses reminds the Israelites that they too were once poor and oppressed in a land of slavery. When blessing and abundance comes our way, we must always remember the path that God took us on to bring us there. We must remember the times that we too struggled with our finances. This remembrance should prompt us to be merciful and kind to others in need.

David Robison

poor, needy, gleaning, The Robe, Book of Deuteronomy, David Robison

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Alians among us (Dt 24:17-18)

"You shall not pervert the justice due an alien or an orphan, nor take a widow's garment in pledge. But you shall remember that you were a slave in Egypt, and that the Lord your God redeemed you from there; therefore I am commanding you to do this thing." (Deuteronomy 24:17-18)

Right now, immigration, both legal and illegal, is a major issue in my country. This one topic has recently heated up the passions and rhetoric of many on both sides of this issue. In this scripture God deals not with the citizenship of the immigrants but rather with the justice that is due to them; whether they be citizens or not.

The right to justice does not originate from, or is it conferred by, government, rather it begins and flows from God. People's right to justice is a right they bear simply because they are people; people made in the image of God. The role of government then is to provide for the equitable administration of justice, and this justice is to be afforded to all regardless of their race, age, gender, ethnicity, or even citizenship. Justice is one of the key duties of government and it should be provided with a blind eye; without regard to a man's face.

David Robison

immigration, citizenship, The Robe, Book of Deuteronomy, David Robison, Foundations of Governance

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Miscelaneous laws: Dt 24:7-16

"If a man is caught kidnapping any of his countrymen of the sons of Israel, and he deals with him violently or sells him, then that thief shall die; so you shall purge the evil from among you." (Deuteronomy 24:7)

God is speaking here of more than your basic kidnapping for ransom scenario. This scripture refers to those who participate and profit from the theft, trafficking, and selling of human soles. This would include participation is activities such as slavery and the sex trade. History is replete of examples of such violence, such as when Africans were captured and sold as slaves at markets in Europe and the Americas, and such violence and slavery continues today in places like the Sudan and in the sex trade in places like Thailand and Moldova. God had determined that the just penalty for participation in such activities is death.

"Be careful against an infection of leprosy, that you diligently observe and do according to all that the Levitical priests teach you; as I have commanded them, so you shall be careful to do. Remember what the Lord your God did to Miriam on the way as you came out of Egypt." (Deuteronomy 24:8-9)

While Leprosy is used as a metaphor for various moral and spiritual miladies, this scripture contextually is referring to actual diseases, infections, and sicknesses, especially those that are highly communicable in nature. The goal of these laws was to prevent the rampant spread of infections that could threaten the congregation as a whole. It is within the purview of good government to enact statutes to protect the public health and to prevent the epidemic spread of diseases. This might include the passing of laws relating to the quarantining of infected individuals, the authorization of stockpiling medicine and antidotes, and various provision and regulations for mass vaccination.

"You shall not oppress a hired servant who is poor and needy, whether he is one of your countrymen or one of your aliens who is in your land in your towns. You shall give him his wages on his day before the sun sets, for he is poor and sets his heart on it; so that he will not cry against you to the Lord and it become sin in you." (Deuteronomy 24:14-15)

Governments should protect the poor from the rich and the weak from the strong. The goal of such laws is not to make them equal but to prevent one from taking advantage of the other and to provide remedies when this is not the case. This particular scripture is referring to the case where an employer holds back the wages due his employees. In such cases the government may intrude into the employer/employee relationship to ensure that the worker is treated fairly and receives his just wages and receives them in a timely manner.

"Fathers shall not be put to death for their sons, nor shall sons be put to death for their fathers; everyone shall be put to death for his own sin." (Deuteronomy 24:16)

This scripture is very clear, but it also provides the foundation for some other laws and stipulations, even within our own constitution. The US Constitution, Article 1, Section 9, Clause 3 says, "No Bill of Attainder or ex post facto Law shall be passed." Part of the reason for the prohibition of Bills of Attainder is to prevent laws from being passed that would punish the surviving family members of one who was convicted of an egregious crime. These bills were often used to punish the family members of those convicted of treason against the crown. God's law simply says, punish those who commit the crime but leave the innocent alone.

David Robison

Book of Deuteronomy, foundations of governance, laws, The Robe, David Robison

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Laws on Lending: Dt 24:6, 10-13

"No one shall take a handmill or an upper millstone in pledge, for he would be taking a life in pledge... When you make your neighbor a loan of any sort, you shall not enter his house to take his pledge. You shall remain outside, and the man to whom you make the loan shall bring the pledge out to you. If he is a poor man, you shall not sleep with his pledge. When the sun goes down you shall surely return the pledge to him, that he may sleep in his cloak and bless you; and it will be righteousness for you before the Lord your God." (Deuteronomy 24:6, 10-13)

God provides for some basic laws pertaining to lending to the poor. These laws were intended to preserve the rights and dignity of the poor and to prevent the rich from exercising their power of wealth over the poor. King Solomon noted, "The rich rules over the poor, and the borrower becomes the lender's slave." (Proverbs 22:7) Because of this inequity of power, God's has established his laws to ensure equitable treatment of the borrower by the lender.

In this passage, God establishes two basic rules of lending, both which deal with the collecting and holding of collateral. First, the required collateral must not be so egregious as to deprive the borrower of their ability to earn a living. In Moses' day that would be taking away a man's millstone, today it might be taking away a man's house, car, tools, or other assets that he might depend upon to make a living. Secondly, the collecting of collateral must be done in a way as to not demean the borrower or to deprive them of their dignity. The rich are not to view the borrower as their slaves but as their brethren and they are to treat them with the dignity that is fitting a brother.

In summary, God says that our lending should be in such a way as to engender the blessings of those to whom we lend. When we view lending as a means of increasing our wealth, we begin to view the poor as objects and not people made in God's image. However, when we view lending as an opportunity to bless and aid others, we see them as people and treat them as brothers. This is the kind of lending that God desires. The kind of lending that leads to a promise. "He who is kind to the poor lends to the Lord, and he will reward him for what he has done." (Proverbs 19:17 NIV)

David Robison

Book of Deuteronomy, Foundations of Governance, lending, poor, rich

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