Deuteronomy 15 talks about the Year of Jubilee and releasing debts, which we covered here and here and here. Deuteronomy 16 talks about the Passover, which we talked about here and here and here and here and here, and the Feast of Tabernacles which were covered here and here. So we will proceed with Deuteronomy 17.
Deuteronomy 17:2-7—2 “If there is found among you, within any of your gates which the LORD your God gives you, a man or a woman who has been wicked in the sight of the LORD your God, in transgressing His covenant, 3 who has gone and served other gods and worshiped them, either the sun or moon or any of the host of heaven, which I have not commanded, 4 and it is told you, and you hear of it, then you shall inquire diligently. And if it is indeed true and certain that such an abomination has been committed in Israel, 5 then you shall bring out to your gates that man or woman who has committed that wicked thing, and shall stone to death that man or woman with stones. 6 Whoever is deserving of death shall be put to death on the testimony of two or three witnesses; he shall not be put to death on the testimony of one witness. 7 The hands of the witnesses shall be the first against him to put him to death, and afterward the hands of all the people. So you shall put away the evil from among you.”
Evil was not to be tolerated among the people. And if anyone harbored one who was doing a great evil, they were to bring the evildoer to the priests so that the evil may be dealt with and the evildoer executed. Because if it was found out that the person had done evil in worshipping either the sun or moon or any of the host of heaven, that one would be guilty of bringing reproach upon the name of God, since having this person counted among the people of God would be telling the world that God was okay with having idol worshippers among His people. And if someone knew of this, and did nothing about it, they would be just as guilty as the idol worshipper because you were allowing this to happen. You would have been found to give tacit approval to their idol worship, so you would be counted guilty as well.
We see this today. Some progressives who think that Muslims are okay in God’s eyes, or Mormons or Jehovah's Witnesses. Because they don’t want to seem “intolerant”. They want to be seen as welcoming. Or they tolerate some sin that God calls abomination. So they will call their “church” an “affirming” church and will say “all are welcome here.” What they are affirming is sin, just as God says it was in Leviticus 18:22 and Leviticus 20:13. But they, too, are following a god of their own making. And they will be just as guilty as the one who set up an altar to Ba'al or a pole for Ashtoreth. Then there are the “churches” who will not condemn abortion, the killing of a child in the womb. They will try to say that God would not find fault with a woman who kills that child, even though that child may have been conceived in an act of illicit fornication. But of course, they will not speak out against the act of fornication outside the bounds of marriage. That would not be “loving” and would be seen (by their congregation and by their allies) as “unkind”. But it is far more unloving and far less kind to allow this person to believe that what they did is okay in God’s eyes, and that it is not a grave sin that they must seek forgiveness for. And as far as affirming that homosexuality is okay with God, it is no different than saying that adultery or murder are okay in God’s eyes. They are all sin, and must be forgiven. But these “churches” don’t do that. They allow the person to go frolicking along in their sin, never thinking for a second that what they did was wrong. Then the person dies, stands before God’s Great White Throne, and has to give an account for why they did what they did. “Well, my pastor said it was okay.” And not only will that person burn for their sins, but the “pastor” will as well, never guiding the person to the truth, never warning the person of the wrath to come. And they will actually meet a more severe judgment than the sinner. James 3:1 tells us that those who preach and teach will be in for a much sorer judgment for leading people astray then the people they lead.
4 “And it is told you, and you hear of it, then you shall inquire diligently. And if it is indeed true and certain that such an abomination has been committed in Israel, 5 then you shall bring out to your gates that man or woman who has committed that wicked thing, and shall stone to death that man or woman with stones.” If one were to hear of such a thing, they were not to just take it at face value that this thing happened. They were to inquire diligently about it. This was something that had to be certain, and the person who heard about it should be diligent in investigating it, since this offense carried with it the penalty of death. Today, before the death penalty can be levied against a person accused and convicted of a crime, certain criteria must be met for this sentence to be handed down. And it is not something that should be handled lightly. This was the case here as well. One could not use hearsay as a means to incriminate the accused, there must be concrete evidence against the person. I could accuse someone of a crime, but unless there was evidence the person committed that crime, the person would not be prosecuted. But how many times do we hear of someone being accused of a crime, the newspaper headlines blaring out the accusations, and we jump all over that and say “That person should be prosecuted to the fullest extent of the law!” When that person may not be guilty. But we latch on to that headline and proclaim them guilty. Before any exculpatory evidence has been shown forth.
“And doesn't the Constitution of the United States say, ‘a person is considered innocent until proven guilty beyond any reasonable doubt?’” What would you say if I told you this phrase is found nowhere in the Constitution? You can look, but it isn't in there. It is, however, a principle derived from the language of the 5th and 6th Amendments to the Constitution.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
This principle of the “presumption of innocence” is derived from the “Due Process” clause in the 5th Amendment. Unlike in Britain—as it was at the time of the Revolution—where someone was considered guilty until proven innocent, the framers of the Constitution did not want that repeated in this new country, and put the burden of proof on the Court to determine one’s guilt. This was because in Britain, the wealthy and their words held more weight than the words of the poor, and if one was not of the proper social standing, their testimony did not bear the proper weight in the eyes of the Crown. And if Lord Smith said that a common man had committed a crime, many times that was all that was required to convict the man. The Framers did not want that. They wanted a court system that was fair, and counted the words of all men, great and small, to carry equal weight. The principle of the “Presumption of Innocence” was laid out by the United States Supreme Court in the case of Coffin v. United States in 1895. The key part of this ruling was written by Associate Justice Edward Douglass White and reads thus:
The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law ... Concluding, then, that the presumption of innocence is evidence in favor of the accused, introduced by the law in his behalf, let us consider what is ‘reasonable doubt’. It is, of necessity, the condition of mind produced by the proof resulting from the evidence in the cause. It is the result of the proof, not the proof itself, whereas the presumption of innocence is one of the instruments of proof, going to bring about the proof from which reasonable doubt arises; thus one is a cause, the other an effect. To say that the one is the equivalent of the other is therefore to say that legal evidence can be excluded from the jury, and that such exclusion may be cured by instructing them correctly in regard to the method by which they are required to reach their conclusion upon the proof actually before them; in other words, that the exclusion of an important element of proof can be justified by correctly instructing as to the proof admitted. The evolution of the principle of the presumption of innocence, and its resultant, the doctrine of reasonable doubt, make more apparent the correctness of these views, and indicate the necessity of enforcing the one in order that the other may continue to exist.
Okay, that’s a lot of legal speak, so let’s break that down. The Constitution, while not explicitly stating there is a “presumption of evidence”, nevertheless, by the language found there, does necessarily imply it. This is a point in favor of the accused. “Reasonable Doubt” is a product of this principle. Since the person is considered innocent, this casts a bit of reasonable doubt on the case. Hence the phrase, “Thus one is a cause, the other an effect.” The presumption of innocence produces the reasonable doubt. Though they are not equal with one another, one cannot be considered without the other. We also have this (much simpler) explanation:
Associate Justice Joseph Story, offering the opinion of the Supreme Court in United States v. Gooding (1827), wrote that, “the general rule of our jurisprudence is that the party accused needs not establish his innocence, but it is for the government itself to prove his guilt before it is entitled to a verdict or conviction.”
The same was true in our passage in Deuteronomy. The accused could not be considered guilty until all the evidence was weighed and found to be absolutely convincing, the person could not be found guilty.
“Then you shall bring out to your gates that man or woman who has committed that wicked thing, and shall stone to death that man or woman with stones.” If the evidence was overwhelming, and it was found that the person had indeed done what they were accused of, the sentence was death. There was no appeal; they could not drag out the case with legal loopholes. They were to be put to death on the spot. How many times do we see it today? There are countless numbers of men and women sitting on Death Row for years and years, and are never executed. Because their lawyers find new ways to drag their case out, never reaching the end and the sentence is never carried out. This was not the case here. If one was found guilty, they were taken outside the city and stoned. Period, paragraph (See Leviticus 24:14; Numbers 15:36). (The Targums of Jonathan and Onkelos say they are to be brought to the “gate of your judgment house” and “door of your court”, respectively. Although Rashi [Jarchi] believed it to be the gates of the city). We don’t bat an eye about a man being executed, but we get a bit squeamish when we hear of a woman on Death Row. (Since 1976, eighteen women have been executed in the United States, while 1594 men have been executed.) But God has no such hang-ups. There are men and women in Hell, and in His eyes, women can be just as guilty of death as men. And we see in the history of Israel and Judah that women were visited with death for their opposition to God (Jezebel and Athaliah, for example). For the Christian era, there is also the example of Sapphira in the Book of Acts. The gender of the offender mattered not to God, His honor and glory were not to be impugned.
6 “Whoever is deserving of death shall be put to death on the testimony of two or three witnesses; he shall not be put to death on the testimony of one witness. 7 The hands of the witnesses shall be the first against him to put him to death, and afterward the hands of all the people. So you shall put away the evil from among you.” Just as today, one could not receive the death penalty without what we call “corroborating evidence”. Anyone can make an accusation. I could, right now, say that the guy who lives across the street killed his wife. But what evidence do I have? “Well, I said it, isn't that good enough?” No, it’s not. The State has to be able to prove he did it in order to gain a conviction. Has anyone found the wife’s dead body? Have they found any weapon that might have been used in the crime? Did anyone else see it happen? If any of these (and other) questions cannot be answered in the positive, then the State will be unable to gain that conviction, or even arrest him for the crime. My accusation, by itself, is not substantial enough proof to send this man to prison.
Many times in this country evidence has been excluded by courts that would clear a person of a crime they were charged with, and wrongly convicted of. This is called “exculpatory evidence”. Prosecutors don’t like to lose cases because it (wrongly or rightly) reflects badly on them. They can be seen—by themselves and by others—as having failed at their duty. So they will often move to exclude evidence that can be seen as favoring the defendant, and often innocent people are convicted of crimes they did not commit. This was not so here. There was no wrangling between lawyers about what evidence to include and what evidence to throw out. All evidence was presented, the testimony of two or three witnesses, both good and bad. There was no pleading for a lesser sentence, there was no doing hours of community service in lieu of the sentence pronounced, the convicted could not throw themselves on the mercy of the priests. If they were guilty, the sentence was carried out. If they were found innocent, they were released.
“The testimony of two or three witnesses.” Just because Yitzhak claims that Yakub was worshipping Ba'al was not enough to condemn him to death. They had to have corroborating evidence—evidence that when, taken together, could pinpoint the man (or woman) as being guilty of the offense. The presumption of innocence we enjoy here is rooted in this principle. Just as there must be sufficient evidence of guilt for a conviction today, so there had to be sufficient evidence in our text. And they were not tried by a jury of their peers, the evidence was laid out before the priests, who weighed the evidence before God, and were ultimately responsible for determining whether the person was guilty or not. And these witnesses must tell the truth. Exodus 20:16—“You shall not bear false witness against your neighbor.”
This was the hang-up Annas and Caiaphas faced when they put Jesus on trial. Matthew 26:59-60a (also Mark 14:58-59)—59 Now the chief priests, the elders, and all the council sought false testimony against Jesus to put Him to death, 60 but found none. Even though many false witnesses came forward, they found none. They brought in witnesses—false witnesses, in opposition to Exodus 20:16—who testified falsely, and could not get their stories to match up. What they were doing went against what we see here in Deuteronomy and trying to do so within the bounds of this command. But they were also going against the clear command in Exodus to not bear false witness. Which was what the Pharisees were already guilty of. Finally they found two rapscallions that told them what Jesus had said about destroying the temple. Matthew 26:60b-61—60 But at last two false witnesses came forward 61 and said, "This fellow said, 'I am able to destroy the temple of God and to build it in three days.'" Anyone with half a functioning brain would understand that Jesus did not mean to say He could rebuild Herod’s temple in three days (see John 2:19-21). But they were so bent on seeing Him executed that they accepted what these men said as evidence that Jesus was guilty of blasphemy. Paul Krutzmann rightly says:
The enumeration of the several sections of the Sanhedrin brings out all the more strongly the injustice of the proceedings. Men whose business it was to know the Law and to lead in all virtues were here the very ones to subvert right and to make a farce of justice. Also: They deliberately sought false witness. Knowing that the usual method of obtaining testimony against a criminal would have yielded no results, they exerted themselves most diligently to find such testimony as would enable them to judge Him worthy of death, but without success. The more men they examined with their obvious purpose in view, the more thoroughly just and holy Jesus stood before them. Even the last two witnesses that garbled the prophecy of Christ concerning the temple of His body, Joh_2:19, could not make their witness agree. The whole trial threatened to be a glorious justification of Jesus. But here the high priest Caiaphas, for fear of losing his case, forgot the dignity of his position as judge and turned accuser, if not plaintiff. He demanded that Christ defend Himself against the testimony which had been adduced. But Christ remained perfectly quiet, knowing that under the circumstances this silence was the best course. Since they wanted not justice, but His death at all costs, they would have pounced upon every word He might have uttered, and mutilated it beyond recognition. "Here see how unjustly the high priests deal with Christ the Lord. For they are at the same time accusers and judges. Therefore the Lord must be wrong in His case, no matter what He may say or do. In temporal affairs this would be a great dishonesty. But for these holy people nothing is sin, they have power in all things; they can do what they please, and challenge all who would accuse them of wrong or interpret something in an evil way."
This perjury by these two men, allowed without penalty by the very ones who were supposed to be fair and equitable, paved the way for the death of the only perfect Man to ever live—God in the flesh, Jesus Christ our Lord.
“The hands of the witnesses shall be the first against him to put him to death, and afterward the hands of all the people.” Those who witnessed the evil were to be the first to stone the guilty party. This was a signal to all that the verdict was fair and the punishment just. If those who had witnessed the evil were so inclined to carry out the death sentence, then all could agree that the party was, in fact, guilty. But if they wouldn’t do so, because they knew that the convicted person was not guilty, it might sway the people to favor the accused and set him at liberty. “This, then, was an excellent remedy for the repression of light accusations, not to admit the testimony of any, whose hand was not prepared to execute the sentence” (John Calvin). And it is why Jesus laid the carrying out of the sentence at the feet of the men who were accusing the woman of adultery in John 9:1-11. (note—Some take this event to not be part of John’s original Gospel, but a later addition and do not comment on it [the Early Church Fathers and Calvin, for example]. While the placing of this event where it is does indeed disrupt the flow of the surrounding verses, and does not align with John’s style of writing, some do consider this to be an actual event [it is found in over 900 manuscripts] and is judged as worthy of inclusion [though perhaps not in John 8, but rather in one of the Synoptic Gospels. See Thomas Constable’s commentary].) This injunction against adultery is found in Leviticus 20:10—“‘The man who commits adultery with another man's wife, he who commits adultery with his neighbor's wife, the adulterer and the adulteress, shall surely be put to death.’” So, because of this command, the woman, and the man she was with were to be put to death. “Well, where was the man?” That is the question. This was all a ruse to try and trap Jesus in His words and actions, to try and show Him as a hypocrite. Jesus, however, turned the tables on Him, when they asked Him “What do we do with her?” and He said, “Okay, let the first innocent ones who caught her stone her first.” John 8:7—"He who is without sin among you, let him throw a stone at her first." He, being High Priest, had the right to order this sentence carried out or abrogated. Since none of those accusing her fit the bill of what Jesus commanded, they all went away, from the youngest to the oldest, showing that none of them were innocent in the eyes of God’s Law.
Part 2 next week