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Lev_24:10-23
"And the son of an Israelitish woman, whose father was an Egyptian, went out among the children of Israel: and the son of the Israelitish woman and a man of Israel strove together in the camp; and the son of the Israelitish woman blasphemed the Name, and cursed: and they brought him unto Moses. And his mother’s name was Shelomith, the daughter of Dibri, of the tribe of Dan. And they put him in ward, that it might be declared unto them at the mouth of the Lord. And the Lord spake unto Moses, saying, Bring forth him that hath cursed without the camp; and let all that heard him lay their hands upon his head, and let all the congregation stone him. And thou shalt speak unto the children of Israel, saying, Whosoever curseth his God shall bear his sin. And he that blasphemeth the name of the Lord, he shall surely be put to death; all the congregation shall certainly stone him: as well the stranger, as the homehorn, when he blasphemeth the name of the Lord. shall be put to death. And he that smiteth any man mortally shall surely be put to death; and he that smiteth a beast mortally shall make it good: life for life. And if a man cause a blemish in his neighbor; as he hath done, so shall it be done to him; breach for breach, eye for eye, tooth for tooth: as he hath caused a blemish in a man, so shall it be rendered unto him. And he that killeth a beast shall make it good: and he that killeth a man shall be put to death. Ye shall have one manner of law, as well for the stranger, as for the homeborn: for I am the Lord your God. And Moses spake to the children of Israel, and they brought forth him that had cursed out of the camp, and stoned him with stones. And the children of Israel did all the Lord commanded Moses."
The connection of this section with the preceding context is now impossible to determine. Very possibly its insertion here may be due to the occurrence here described having taken place at the time of the delivery of the preceding laws concerning the oil for the golden lampstand and the shew bread. However, the purport and intention of the narrative is very plain, namely, to record the law delivered by the Lord for the punishment of blasphemy; and therewith also His command that the penalty of broken law, both in this case and in others specified, should be exacted both from native Israelites and from foreigners alike.
The incident which was the occasion of the promulgation of these laws was as follows. The son of an Israelitish woman by an Egyptian husband fell into a quarrel in the camp. As often happens in such cases, the one sin led on to another and yet graver sin; the half-caste man "blasphemed the Name, and cursed"; whereupon he was arrested and put into confinement until the will of the Lord might be ascertained in his case. "The Name" is of course the name of God; the meaning is that he used the holy name profanely in cursing. The passage, together with Lev_24:16, is of special and curious interest, as upon these two the Jews have based their well-known belief that it is unlawful to utter the Name which we commonly vocalise as Jehovah; whence it has followed that wherever in the Hebrew text the Name occurs it is written with the vowels of Adonay "Lord," to indicate to the reader that this word was to be substituted for the proper name, -a usage which is represented in the Septuagint by the appearance of the Greek word Kurios, " Lord," in all places where the Hebrew has Jehovah (or Yahveh); and which, in both the authorised and revised versions, is still maintained in the retention of "Lord" in all such cases, -a relic of Jewish superstition which one could greatly wish that the Revisers had banished from the English version, especially as in many passages it totally obscures to the English reader the exact sense of the text, wherever it turns upon the choice of this name. It is indeed true that the word rendered "blaspheme" has the meaning "to pronounce," as the Targumists and other Hebrew writers render it; but that it also means simply to "revile," and in many places cannot possibly be rendered "to pronounce," is perforce admitted even by Jewish scholars. To give it the other meaning here were so plainly foreign to the spirit of the Old Testament, debasing reverence to superstition, that no argument against it will be required with any but a Jew.
And this young man, in the heat of his passion, "reviled the Name." The words "of the Lord" are not in the Hebrew; the name "Jehovah" is thus brought before us expressively as THE NAME, par excellence, of God, as revealing Himself in covenant for man’s redemption. Horrified at the man’s wickedness, "they brought him unto Moses"; and "they put him inward" (Lev_24:12), "that it might be declared unto them at the mouth of the Lord" what should be done unto him. This was necessary because the case involved two points upon which no revelation had been made: first, as to what should be the punishment of blasphemy; and secondly, whether the law in such cases applied to a foreigner as well as to the native Israelite. The answer of God decided these points. As to the first (Lev_24:15), "Whosoever curseth his God shall bear his sin," i.e., he shall be held subject to punishment; and (Lev_24:16), "He that blasphemeth the name of the Lord, he shall surely be put to death; all the congregation shall certainly stone him." And as to the second point, it is added, "as well the stranger, as the homeborn, when he blasphemeth the Name, shall be put to death."
Then follows (Lev_24:17-21) a declaration of penalties for murder, for killing a neighbour’s beast, and for inflicting a bodily injury on one’s neighbour. These were to be settled on the principle of the lex talionis, life for life, "breach for breach, eye for eye, tooth for tooth"; in the case of the beast killed, its value was to be made good to the owner. All these laws had been previously given; {Exo_21:12; Exo_21:23-36} but are repeated here plainly for the purpose of expressly ordering that these laws, like that now declared for blasphemy, were to be applied alike to the home born and the stranger (Lev_24:22).
Much cavil have these laws occasioned, the more so that Christ Himself is cited as having condemned them in the Sermon on the Mount. {Mat_5:38-42} But how little difficulty really exists here will appear from the following considerations. The Jews from of old have maintained that the law of "an eye for eye," as here given, was not intended to authorise private and irresponsible retaliation in kind, but only after due trial and by legal process. Moreover, even in such cases, they have justly remarked that the law here given was not meant to be applied always with the most exact literality; but that it was evidently intended to permit the commutation of the penalty by such a fine as the judges might determine.
They justly argue from the explicit prohibition of the acceptance of any such satisfaction in commutation in the case of a murderer {Num_35:31-32} that this implies the permission of it in the instances here mentioned; -a conclusion the more necessary when it is observed that the literal application of the law in all cases would often result in defeating the very ends of exact justice which it was evidently intended to secure. For instance, the loss by a one-eyed man of his only eye, under such an interpretation, would be much more than an equivalent for the loss of an eye which he had inflicted upon a neighbour who had both eyes. Hence, Jewish history contains no record of the literal application of the law in such cases; the principle is applied as often among ourselves, in the exaction from an offender of a pecuniary satisfaction proportioned to the degree of the disability he has inflicted upon his neighbour. Finally, as regards the words of our Saviour, that He did not intend His words to be taken in their utmost stretch of literality in all cases, is plain from His own conduct when smitten by the order of the high priest, {Joh_18:23} and from the statement that the magistrate is endowed with the sword, as a servant of God, to be a terror to evil-doers; {Rom_13:4} from which it is plain that Christ did not mean to prohibit the resort to judicial process under all circumstances, but rather the spirit of retaliation and litigation which sought to justify itself by a perverse appeal to this law of "an eye for eye";-a law which, in point of fact, was given, as Augustine has truly observed, not "as an incitement to, but for the mitigation of wrath."
The narrative then ends with the statement (Lev_24:23) that Moses delivered this law to the children of Israel, who then, according to the commandment of the Lord, took the blasphemer out of the camp, when all that heard him blaspheme laid their hands upon his head, in token that they thus devolved on him the responsibility for his own death; and then the congregation stoned the criminal with stones that he died (Lev_24:23).
The chief lesson to be learned from this incident and from the law here given is very plain. It is the high criminality in God’s sight of all irreverent use of His holy name. To a great extent in earlier days this was recognised by Christian governments; and in the Middle Ages the penalty of blasphemy in many states of Christendom, as in the Mosaic code and in many others, although not death, was yet exceedingly severe. The present century, however, has seen a great relaxation of law, and still more of public sentiment, in regard to this crime, -a change which, from a Christian point of view, is a matter for anything but gratulation. Reverence for God lies at the very foundation of even common morality. Our modern atheism and agnosticism may indeed deny this, and yet, from the days of the French Revolution to the present, modern history has been presenting, in one land and another, illustrations of the fact which are pregnant with most solemn warning. And while no one could wish that the crime of blasphemy should be punished with torture and cruelty, as in some instances in the Middle Ages, yet the more deeply one thinks on this subject in the light of the Scripture and of history, the more. if we mistake not, will it appear that it might be far better for us, and might argue a far more hopeful and wholesome condition of the public sentiment than that which now exists, if still, as in Mosaic days and sometimes in the Middle Ages, death were made the punishment for this crime; -a crime which not only argues the extreme of depravity in the criminal, but which, if overlooked by the State, or expiated with any light penalty, cannot but operate most fatally by breaking down in the public conscience that profound reverence toward God which is the most essential condition of the maintenance of all private and public morality.
In this point of view, not to speak of other considerations, it is not surprising that the theocratic law here provides that blasphemy shall be punished with death in the case of the foreigner as well as the native Israelite. This sin, like those of murder and violence with which it is here conjoined, is of such a kind that to every conscience which is not hopelessly hardened, its wickedness must be manifest even from the very light of nature. Nature itself is sufficient to teach anyone that abuse and calumny of the Supreme God, the Maker and Ruler of the world, -a Being who, if He exist at all, must be infinitely good, -must be a sin involving quite peculiar and exceptional guilt. Hence, absolute equity, no less. than governmental wisdom, demanded that the law regarding blasphemy, as that with respect to the other crimes here mentioned, should be impartially enforced upon both the native Israelite and the foreigner.