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The lex talion (law of retaliation or retribution) stated in Exodus and

Deuteronomy begins with life for life. For whatever reason, this is omitted by Jesus.

Because it is central to our subject, The Bible and Capital Punishment, we will deal with

this principle here as some would interpret Genesis 12:6: Whoever sheds the blood of a

human, by a human shall that person’s blood be shed. This statement is made in God’s

blessing upon Noah and his sons after the flood—a new age in which not humanity, but

God is changed! (Gen. 9:1-7, Brueggemann:77-83).

In this blessing, as at creation, God gives humanity dominion over everything, but

now, besides plants, permits people to eat animals as food. However, there are two

restrictions to this dominion: first, that humans recognize the sacredness of all of life by

not eating animal flesh with its life, its blood (cf. Lev. 17:10-14). This principle was

accepted at the Jerusalem conference (Acts 15:29) and was later taken over by Islam. It

is a recognition that God is concerned for animals (cf. Jonah 4:11). The covenant of

peace after the flood is made not only with human beings, but also with every living

creature(Gen. 9:12).

This first restriction, respect for animal life, is closely related to the second,

restriction against murder. Brutality toward animals and murder are here connected (cf.

Westermann:465). On this second restriction God says, And from human beings, each

one for the blood of another, I will require a reckoning for human life (Gen. 9:5). Then

follows our important statement,

Whoever sheds the blood of a human,
by a human shall that person’s blood be shed;
for in his own image God made humankind (Gen. 9:6).

Eugene Roup says of this poem, “In spite of its history of interpretation, Genesis

9:6 does not authorize and promote capital punishment” (Roup:72). Those who regard

this statement as demanding capital punishment, see it as a judicial formula, a law. “The

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embarrassment remains that the interpreters vary between judicial formula, proverb and

prophetic admonition” (Westermann:467). The argument that it is a proverb is based on

its structure, which is parallel to the proverb of Jesus: All who take the sword will perish

by the sword (Matt. 26:52).

If it is a proverb, then it is a warning, comparable to the proverb of Jesus. One

should note that the poem in its original literary setting refers to asimple pre-state

society, like that of Cain and Abel. A more literal translation of 9:5 is, Of every man’s

brother I will require the life of man (RSV). This means that God holds the murdered

person’s family or members of the social order responsible—we are our brother’s keeper.

But does it demand life for life as indeed some might interpret the lex talion?The

warning of the proverb, 9:6, is precisely what Cain fears after he had killed Abel (Gen.

4:14); but God places a special mark upon him to protect Cain from the natural

inclination of his social order to exact vengeance.

This protection of Cain from vengeance is later seen as the vocation of the

Abraham people, as Abraham stands before Yahweh to turn aside divinewrath from

Sodom (Gen. 18:23). This Abraham petition is not to be confused with an attitude of

permissiveness—“anything goes.”God was not permissive with Cain but demanded of

him certain disciplines (Gen. 4:14-16). Humankind is created in the divine image; and all

killing is an affront against God (Gen. 9:6).

Hosea did not hesitate to reverse the law of retribution against harlotry and

adultery, because retribution does not measure up to the central paradigm of God’s love

for Israel (Hosea 1—3). Also here, the law ofretaliation does not measure up to the

word of the covenant God (Exod. 19:4; 20:2) nor to the measure of God’s forgiveness as

stated in the Decalogue (Exod. 20:5-6) and Lord’s prayer (Matt. 6:12). The demand for

retribution belongs to Hammurabi law—kingship law which is foreign to the motive-

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model clause ofthe OT covenant law codes. Jesus discards it for his disciples. As a city

built on a hillthey are by their example to project a new way for the nations (Matt. 5:14).

It is also appropriate to discuss here Paul’s statement about being subject to the

governing authorities (Rom. 13:1-7), since Paul describes them as agents of retribution.

This text should be interpreted within the envelope of the two scriptures that surround it,

scriptures that resemble the Sermon on the Mount more than any other of Paul’s writings:

∑

Romans 12: 14-21, Bless those who persecute you...; Do not repay anyone evil for

evil; ... Never avenge yourselves; ...If your enemies are hungry, feed them; if they are

thirsty, give them something to drink ...; Do not be overcome by evil, but overcome

evil with good.

∑

Romans 13:1-7, For rulers are not a terror to good conduct, but to bad....

...If you do what is wrong, you should be afraid, for the authority does not

bear the sword in vain! It is the servant of God to execute wrath on the

wrong-doer.

∑

Romans 13:8-10, The commandments, “You shall not commit adultery; You shall

not murder; You shall not steal; You shall not covet”; and any other commandment

are summed up in this word, “Love your neighbor as yourself.” ...Therefore, love is

the fulfilling of the law.