Numbers 35:21: No Ransom for a Murderer?

Of the crimes punishable by death under Old Testament law, was it possible to obtain compensation for damages through some type of substitutionary restitution in every case except first-degree, premeditated murder? If so, why was this crime singled out for special treatment? Were not the other crimes as serious? If they were not, why did they carry such a stiff sanction--the death penalty?

The key text in this discussion must be Numbers 35:31, "Do not accept a ransom [substitute] for the life of a murderer, who deserves to die. He must surely be put to death."

There are sixteen crimes that called for the death penalty in the Old Testament: kidnapping, adultery, homosexuality, incest, bestiality, incorrigible delinquency in a child, striking or cursing parents, offering a human sacrifice, false prophecy, blasphemy, profaning the sabbath, sacrificing to false gods, magic and divination, unchastity, the rape of a betrothed virgin, and premeditated murder. In each case, where the evidence was clear and beyond a reasonable doubt, the death penalty was demanded.

One major distinction was drawn, however, between the penalty for premeditated murder and penalties for the other fifteen crimes on this list. Only in the case where someone had lain in wait to kill with malice and forethought does Scripture specify that the officials were forbidden to take a ransom.

The word ransom comes from a root meaning "substitute." The only fair inference from Number 35:31, then, is that perpetrators of any of the other fifteen capital crimes could escape death by offering a proper ransom or substitute. In those fifteen cases, the death penalty served to mark the seriousness of the crime. It is important, however, to note that only God could say which crimes might have their sanctions lessened.

Some have contended that this argument is an argument from silence, and therefore fallacious. But the alternative to this argument from silence (which has venerable precedent in rabbinic and Protestant commentary) would require upholding the death penalty for all sixteen crimes as valid to our present day. And if death is the only proper punishment for these crimes even in the present day, why did the apostle Paul not make any reference to it, especially when he had specific occasion to do so when he dealt with the case of incest in 1 Corinthians 5? Why did Paul recommend church discipline rather than capital punishment for the offending mother and son?

I am not arguing here that the penalties of the Old Testament are too severe or that the New Testament is more "urbane" and "cultured." Some have properly noted that even Hebrews 2:2 says that "every violation and disobedience received its just [or appropriate] punishment." In fact, too many people misunderstand the talion ("tooth-for-a-tooth") principle (Ex 21:23-25). It is simply a "life-for-life" stereotype expression that worked out in actual practice to this: Make the punishment fit the crime; don't try to profit from or trade on calamity.

Since the taking of life involved deep disregard for God and for the creatures made in his image, Genesis 9:6 makes it clear that the only way the state and society could preserve the rights, dignity and worth of all humanity was to offer the life of the proven first-degree murderer back to God. That is why this one capital offense remained when the others were allowed the option of a "ransom" or "substitute."