The Law of Retribution in the Mosaic Code
The Law of Retribution, often expressed as lex talionis, is a principle found within the Mosaic Code that dictates a proportional response to an offense [4]. This concept is rooted in the idea that individuals "harvest what they plant" [4]. The Mosaic Law, also known as the Law of Moses or simply "the Law" (Hebrew: Torah), encompasses the entire body of legislation given through Moses and is fundamentally theocratic, meaning it derives human duty directly from God's commandments [2].
One prominent example of the law of retribution is found in the prohibition against murder. The Mosaic Law strictly forbids murder (Exodus 20:13; Deuteronomy 5:17) [1]. This prohibition is tied to the divine decree given to Noah: "Whoever sheds the blood of man, by man shall his blood be shed, for in the image of God has God made man" (Genesis 9:6) [5]. Charles Hodge, in his Systematic Theology, argues that this principle is of perpetual obligation because it was given to Noah, the "second head of the human race," and is thus not limited to a specific age or nation [5]. The reason for this law—that humanity is made in God's image—is considered a permanent justification [5].
The Mosaic Code distinguishes between different types of killing. Premeditated murder, committed with hatred or by lying in wait, is explicitly condemned (Numbers 35:20-21; Deuteronomy 19:11) [1]. The law also specifies instruments of murder, such as iron, stone, or wood (Numbers 35:16-18) [1]. The principle of retribution extends beyond murder to other offenses, ensuring that justice is meted out according to the deeds committed [3, 4]. The prophet Isaiah states, "According to their deeds, accordingly he will repay, wrath to his adversaries, recompense to his enemies" (Isaiah 59:18) [3]. Similarly, the Midrash Rabbah records Jeremiah's plea for retribution: "Pay them retribution, Lord, according to their handiwork" (Lamentations 3:64) [7].
While the Mosaic Law includes civil and ceremonial statutes, the moral law, which includes principles like retribution for murder, is considered binding due to its inherent nature, reflecting obligations arising from human relations to God and fellow humans [6]. The law of retribution served as a means of justice, ensuring that punishment was commensurate with the crime, as seen in the judgment against Edom for its treachery, where "justice would bring deliverance for Israel and punishment for Edom" [4]. The Mosaic Law, in its entirety, was understood as a course of discipline and a prophecy of future things, with God initially inscribing natural precepts, the Decalogue, upon human hearts before providing the more extensive Mosaic Law [8].
Sources
- Torrey's Topical Textbook “Torrey's Topical Textbook: Murder — Forbidden by Mosaic law -- Ex 20:13; De 5:17. Why forbidden by God -- Ge 9:6. The law made to restrain -- 1Ti 1:9. Described as killing With premeditation. -- Ex 21:14. From hatred. -- Nu 35:20,21; De 19:11. By lying in wait. -- Nu 35:20; De 19:11. By an instrument of iron. -- Nu 35:16. By the blow of a stone. -- Nu 35:17. By a hand weapon of wood. -- Nu 35:18. Killing a thief in the day, counted as -- Ex 22:3. Early introduction of -- Ge 4:8. Represented as a sin crying to heaven -- Ge 4:10; Heb 12:24; Re 6:10. The Jews often guilty of -- Isa 1:21. Persons ”
- Easton's Bible Dictionary “Easton's Bible Dictionary: Law of Moses — Is the whole body of the Mosaic legislation (1 Kings 2:3; 2 Kings 23:25; Ezra 3:2). It is called by way of eminence simply "the Law" (Heb. Torah, Deut. 1:5; 4:8, 44; 17:18, 19; 27:3, 8). As a written code it is called the "book of the law of Moses" (2 Kings 14:6; Isa. 8:20), the "book of the law of God" (Josh. 24:26). The great leading principle of the Mosaic law is that it is essentially theocratic; i.e., it refers at once to the commandment of God as the foundation of all human duty.”
- Isaiah “According to their deeds, accordingly he will repay, wrath to his adversaries, recompense to his enemies; to the islands he will repay recompense. -- Isaiah 59:18”
- Obadiah (Protestant academic) “Tyndale House on Obadiah 1:15: 1:15-18 The law of retribution (lex talionis) is that we harvest what we plant. Edom’s treachery, compounded by her pride, would be more than returned when the cup of vengeance came around to her lips. Justice would bring deliverance for Israel and punishment for Edom (see also Jer 49:7-22; Ezek 32:29; Mal 1:2-5). 1:15 The day is near when I, the Lord, will judge (literally the day of the Lord is near): Although the day of the Lord was sometimes a temporal event (e.g., the forthcoming destruction of Edom; Joel’s locust plague, Joel 1:15), in its final form that d”
- CCEL (Reformed (Old Princeton)) “Charles Hodge, Systematic Theology, Vol. 3, section 48: sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man.” ( Gen. ix. 6 .) That this is of perpetual obligation is clear, because it was given to Noah, the second head of the human race. It was, therefore, not intended for any particular age or nation. It is the announcement of a general principle of justice; a revelation of the will of God. Moreover the reason assigned for the law is a permanent reason. Man was created in the image of God; and, therefore, whoso sheds his blood, by man shall his blood be s”
- CCEL (Reformed (Old Princeton)) “Charles Hodge, Systematic Theology, Vol. 3, section 46: when the old economy passed away. A moral law is one that binds from its own nature. It expresses an obligation arising either out of our relations to God or out of our permanent relations to our fellow-men. It binds whether formally enacted or not. There are no doubt positive elements in the fourth commandment as it stands in the Bible. It is positive that a seventh, and not a sixth or eighth part of our time should be consecrated to the public service of God. It is positive that the seventh rather than any other day of the week should b”
- Midrash Rabbah (Jewish (Rabbinic)) “Midrash Rabbah, Eichah Rabbah 3:22: “Pay them retribution, Lord, according to their handiwork” (Lamentations 3:64). “Pay them retribution” – Jeremiah said: “Pay them retribution.” Asaf said: “Pay our neighbors retribution sevenfold to their bosom [ ḥeikam ]” (Psalms 79:12). What is “to their bosom [ ḥeikam ]”? Rabbi Yehuda ben Gadya said: Pay them retribution for what they did to the Temple that is situated in the foundation [ ḥeiko ] of the world, just as it says: “From the foundation in the ground to the [lower] ledge” (Ezekiel 43:14). The Rabbis say: What they did regarding circumcision, wh”
- Schaff ANF/NPNF (Patristic) “ANF Vol 1: Clement, Polycarp, Ignatius, Barnabas, Papias, Justin Martyr, Irenaeus — CHAP.XV.--AT FIRST GOD DEEMED IT SUFFICIENT TO INSCRIBE THE NATURAL LAW, OR THE DECALOGUE, UPON THE HEARTS OF MEN; BUT AFTERWARDS HE FOUND IT NECESSARY TO BRIDLE, WITH THE YOKE OF THE MOSAIC LAW, THE (part 1): 1. They (the Jews) had therefore a law, a course of discipline, and a prophecy of future things. For God at the first, indeed, warning them by means of natural precepts, which from the beginning He had implanted in mankind, that is, by means of the Decalogue (which, if any one does not observe, he has no”