The Ethics of Killing
A post I wrote a couple of
years ago, The
Ethics of Killing in Self-Defense, received some renewed attention this
past week. Judging by some feedback I’ve received, I thought it might be
helpful to set the discussion into a larger context, The Ethics of Killing in general, you might say.
Homicide
The sixth commandment
safeguards human life with the prohibition, “You shall not murder” (Ex. 20:13).
It should be pointed out, however, that the verb in the commandment (Heb., ratsach) is more general in meaning than
“murder.” Kill is the single word
that perhaps best captures its meaning. It indicates a range of actions from
murder, to causing death by negligence or reckless behavior.
The word which is used in
modern jurisprudence is homicide, derived
from the Latin homÅ, meaning man, human being, and the suffix -cide, which indicates an act of killing. Thus the term refers to
the killing of a human being.[1]
Homicide is a neutral term. Any killing of a human being, whether justified or
not, may properly be called a homicide. The word does not necessarily denote a
criminal act.
Classifications
The killing of a human being
can be either justified or unjustified. Homicide is justified when
it has divine authorization. It is unjustified when it does not have divine authorization. The
various kinds of homicide are spelled out in the table below.
 |
| Click to enlarge |
Let’s consider this in more detail.
Justified Homicide
Under what circumstances is someone
justified in taking the life of another human being? In other words, when does
someone have divine authorization to
take human life? Scripture teaches that this authorization is only given in
three circumstances: in cases of
self-defense, capital punishment, and war.
Killing in Self-Defense
Self-defense is defined as,
“the use of force to protect oneself, one’s family, or one’s property from a
real or threatened attack.”[2]
The right of self-defense is recognized in Exodus 22:2, “If a thief is found
breaking in and is struck so that he dies, there shall be no bloodguilt for
him.” In other words, the homeowner is not guilty of shedding innocent blood,
and consequently is not to be punished. While the act is in progress and the
motives of the intruder are unclear, the homeowner is justified in fearing the
worst—that the intruder may intend not only to steal, but also to kill. In such
a case, the homeowner is not to be charged with the guilt of unlawfully taking
human life.
Undoubtedly one has the right
of self-defense in other circumstances as well, not only in the home, but also
on the street and in the field, wherever there is a reasonable fear of serious
harm to one’s person, family, or property. Modern jurisprudence operates on the
same principle: “A person may defend
himself when attacked, repel force by force, and even commit homicide in
resisting an attempted felony, e.g.,
murder, rape, robbery, burglary, and the like.”[3]
The principles of Biblical law
also grant the same immunity to a bystander who comes to the aid of a victim of
crime while the crime is in progress.
Capital Punishment
Biblical law also authorizes
the taking of human life as a means of punishment for serious crimes (Gen. 9:6;
Num. 35). The death penalty, as it is called, is also known as capital
punishment, a term that derives from the Latin, capitalis, meaning “regarding the head,” and refers to execution by
beheading. Scripture is very clear that the death penalty can only be imposed
by properly constituted authorities who have observed the strictest elements of
the due process of law (35:30; cf. Deut. 17:6-13).
War
The third circumstance in which
Biblical law permits the taking of human life is in the context of war. There are
numerous passages in which the Lord specifically commands the people of Israel
to go to war or prepares them for the prospect for war (Ex. 17:8-16; Num.
1:1-3; 21:1-3, 21-35; 31:1-4; etc.). Of course not all wars are justified. Wars
of aggression, and wars merely for the purpose of plunder, whether in goods,
territory, or slaves, are unjustifiable. Defensive wars, however, and remedial
wars (to recover what was unjustly taken) are
justified.
Unjustified Homicide
All homicide, except in cases
of self-defense, capital punishment, and war is forbidden. It is unjustified,
which is to say, done without divine
authorization. Unjustified homicide can be either intentional or unintentional.
Intentional, unjustified homicide can in turn be either premeditated or
unpremeditated. Premeditated, intentional, unjustified homicide is what we call
murder. This includes abortion,
infanticide, and euthanasia. There is no more serious crime than shedding
innocent blood. It is a primeval sin, originating with Cain killing his own
brother (Gen. 4:8). It was the chief sin on account of which the Lord sent the
flood in the days of Noah (Gen. 6:11-13). We gather this from the command given
immediately after the flood: “Whoever
sheds man’s blood, by man shall his blood be shed” (Gen. 9:6). This is the
first case law we find in the Bible. Innocent blood cries out to the Lord from
the ground (Gen. 4:10; cf. Rev. 6:10)
and “pollutes the land, and no atonement can be made for the land for the blood
that is shed in it, except by the blood of the one who shed it” (Num. 35:33).
No sanctuary is to be given to a murderer (Ex. 21:14), and no ransom may be
accepted in lieu of his death (Num. 35:31). This is so serious a matter that a
special ordinance was enacted in order to atone for unsolved murders so that
divine wrath might not come upon the land (Deut. 21:1-9).[4]
Unjustified, intentional
homicide might, however, be unpremeditated,
as in “the heat of passion.” The manslayer intended to kill his victim at the
time, but did not plan to do so beforehand; rather, he suffered some sudden
provocation that led him to react violently in the moment (e.g., catching a spouse in the act of adultery; etc.).
Some acts of unjustified
homicide are unintentional, like those
resulting from reckless or negligent behavior. Biblical law supposes a case in
which a man builds a new house and fails to “make a parapet for [the] roof”
(Deut. 22:8). (Roofs in the ancient near east were flat and were used for a
variety of activities, see Josh. 2:6; Judg. 3:20; 1 Sam. 9:25; etc.) The
homeowner was to be held guilty of negligent homicide “if anyone should fall
from it.” The same principle is at play in cases where someone fails to cover a
pit he has dug (Ex. 21:33-34),[5]
or fails to adequately restrain an ox that is in the habit of goring (Ex. 21:28-31).
An instance of reckless homicide is supposed in Exodus 22:22-25.
Distinguishing between One Kind of Homicide
and Another
Biblical law gives guidance to
judges in how to distinguish between one kind of homicide and another. Did the
perpetrator lie in wait (Ex. 21:13)? Did he act willfully or with cunning (Ex.
21:14)? Did he use an iron object to strike his victim, or an object made of
stone or wood (Num. 35:16-18)? Did he hurl something at him, while lying in
wait, or express hatred or enmity toward him (Num. 35:20-21)? Or do the
circumstances suggest the death was purely accidental (Num. 35:22-23; Deut.
19:4-5)?
Conclusion
The sixth commandment provides
a general prohibition against taking the life of other human beings apart from
divine authorization. Such authorization is only given in cases of
self-defense, capital punishment, and war. All other killing is strictly
prohibited, whether as the result of a willful, premeditated act (i.e., murder),
or by reckless or negligent behavior.
[1]
Compare patricide (killing one’s father), matricide (killing one’s mother),
suicide (killing oneself), pesticide, etc.
[2] Black’s Law Dictionary, Abridged Ninth
Edition, Bryan A. Garner, Editor in Chief (St. Paul, MN: Thomas Reuters, 2010), p. 1163
[3] The Law Dictionary (Cincinnati, OH: Anderson Publishing Co., 1986), p. 299
[4] Scripture
teaches that God hates violent, bloodthirsty men (see Ps. 5:6; 11:5; 55:23)
[5] The
passage refers to an ox or a donkey that fall into a pit, but the owner is
equally culpable if a human being should fall into it.
Comments