BALANCED JUSTICE. Deuteronomy 19 In ancient times, evenhanded justice was not common in tribal societies. How to deal with murder was an essential matter to prevent potential killings. Ignoring it would lead to chaos and fear. Handling it quickly and harshly often resulted in the conviction and death of innocent people. God gave Israel rules to determine if a death was accidental or deliberate. He also designed a safeguard for the manslayer until a fair hearing could take place. After a killing, hot tempers and emotional reactions are unavoidable. In ancient societies, many innocents were killed in the heat of the moment, and the guilty were often let go because of their status or influence in the tribe.
In His divine wisdom, God designated three cities on the east side of the Jordan River for the Israelites living there, and three on the west side for those people. These "cities of refuge" were measured between them so that it was possible for a manslayer to reach them and be safe inside the walls. The "avenger," probably a mature male who would seek to slay the slayer of his kinsman, would not be condemned if he overcame the manslayer. But if the one fleeing reached one of the cities of refuge, the avenger could not enter there to kill the offender.
There were places where a slayer could flee; on the west side, three cities, and across the river, three more. There, the judges would gather to determine innocence or guilt. The manslayer was safe there until the judges decided why blood was spilled. Kadesh, Shechem, and Hebron each had a special name; the first, a fountain for the unclean, the second, for the weary who came, and Hebron, a refuge for the homeless, where they would find community. Each city served as a safe haven until the judges could carry out their clear justice. Bezor, Yolan, and Ramoth on the east side of the Jordan River were designated for those needing a place of refuge—not far away but close enough to reach when in danger.
As long as the accused remained inside the walls of the city of refuge, they were safe. Judges would convene and hear the case to determine the judgment. If the person was innocent, they could live safely inside that city. If the person was found guilty, the avenger would be the chief executioner. That decision would need to be affirmed by two or three witnesses. To remain safe even after being found innocent, the manslayer had to stay in the place of safety—the city of refuge. Justice and mercy work well together if the rule of law is enforced as God intended. Self-defense or accidental death not caused by negligence must be proved. Intentional murder requires two or three witnesses to establish the motive.
Whenever issues arise among God's people that could lead to conflict and division, it's wise to have impartial individuals listen to both sides of an argument and the testimony of witnesses before making a fair decision. That’s one of the reasons why a group of elders is essential for a congregation of saints. Justice must be upheld so order can be maintained. Mercy should also be considered when unfortunate events occur. It may involve an act or word that was accidental or thoughtless. Innocent parties need protection and safety, but those who are guilty must be fairly judged, and steps should be taken to address any wrongs.
The temptation to imitate the people of Canaan would pose a serious challenge for the Israelites. They had spent forty years living in social isolation from the idolatrous nations of the Middle East and would be open to many new influences when they entered the Promised Land. Idolatry was an abomination to God, and He did not want His people engaging in practices that those around them considered normal. The ideas, customs, and religious activities they would encounter could test the new generation of Israelites who had only known life in the wilderness.
Human life was perceived very differently by the Canaanites. They would sacrifice their innocent children to their idols and gods, believing they were doing a good deed. Immoral practices among people even carried religious significance. Idolatry was considered a capital crime by God, who is righteous, holy, and just in every way. What are the reasons for capital punishment? Is it for taking the life of a murderer? The blood of innocent victims had been shed throughout Canaan, and as a result, the entire land and society needed to be cleansed of guilt. The second reason given in this chapter is that things would not go well with the community if murderers could continue killing their children and others without proper consequences. The idea that capital punishment acts as a deterrent to prevent others from doing the same is not mentioned in this chapter.
When a community refuses to tolerate a human life because of murder, everyone is affected. In a sense, everyone bears some responsibility if such acts go unchecked. God values every human life highly and takes seriously when someone takes another's life. It is offensive to God because we are made in His image. Only He holds the keys to life and death. The sanctity of life and the worth of each person are important to God.
In Israel, those cities at a "measured distance" from each other were close enough to be reached on the east side of the Jordan River, allowing those living there to flee. Justice and mercy were accessible to all the people. This reminds us that God is never unfair. He is the perfect, impartial Judge who "can by no means clear the guilty." But at the same time, He shows mercy to those He chooses to show mercy. He gives us the ability to do what we all need so we can live in peace and harmony with our brothers and sisters.
Today, we have places of refuge, each one a “Church of God,” where discipline is offered with grace, and everyone has time to be heard when justice is needed. For each accusation, there should be two or three witnesses who are honest and can provide true, personal evidence. A false witness faces the same condemnation as the accused person seeking vindication.
There needed to be balanced justice when it came to property ownership. Many disputes occur because a landmark has been moved or removed entirely. One party will claim property that was originally marked by a pile of stones or a clearly visible stone set up to mark the corner of a property. These markers were not only meant to be permanent for the current owners of the land and those who owned the neighboring land so they could understand the boundaries, but also to ensure that future generations would recognize what was theirs by inheritance. Far too often, property to be passed down through inheritance has not been carefully marked by the previous owner.
Removing a landmark is a serious offense. It is clear that someone who moves a landmark believes what God gave is unfair to them. That marker must stay, even if it was placed there long ago. Landmarks are proof of property ownership and justice that should last. It is not our place to decide what should stay. God and His laws instruct us to maintain them. Truth is not something that can be bought or sold. God’s established landmarks are right, even if they are old.
Wise parents will have clearly expressed their wishes regarding who receives what after they pass away. Landmarks are a vital benefit to those who come after us, whether it be the personal property we may own or our spiritual inheritance, which can be identified by the truths we cherish. The first type of landmark may be obvious because of pins, pegs, or rocks placed in fixed positions that are not to be moved. The second set of landmarks is established by God, and our convictions related to the Bible, our way of worshiping and serving God, family practices, and the assembly we belong to mark the boundaries within which we live. When we define what we believe and live consistently, a balanced sense of justice can be maintained and enforced.
When accidents or crimes occur, it is God's intention that justice be served. For this to happen, two or three witnesses who actually saw the event are needed to convict someone. Hearsay evidence is not acceptable as true evidence, even if it might be true. Fair, even-handed justice will protect the innocent and convict the guilty when God's Word is followed. Eyewitnesses alone are enough for judges to make fair judgments. God also established a safeguard regarding witnesses: a false witness whose testimony is proven false faces the same punishment as the person who committed the crime. Proclaiming innocence does not change the fact that their testimony was false. Justice must be carried out and not undone out of pity. Righteousness does not vary from city to city. God's system of justice was designed so His people could live in peace, and even within righteous justice, there is still room for grace.
Balanced justice prevents punishment from being excessive or too lenient. It ensures that the punishment fits the crime. The guilty would experience the same pain they caused others. They would live with the consequences of their actions just as their victims did. Therefore, "an eye for an eye, tooth for a tooth, hand for a hand, foot for a foot" represents justice—done to the offender and serving as a warning to others who might consider doing wrong and hoping to escape with a lighter punishment.
Extremes on one side and tolerance on the other seem to be accepted today. A person who kills or injures an animal can potentially lose everything. Even a tree that is cut down on one's own property can lead to a serious fine and prosecution if it has been designated as endangered by a group that considers themselves the keepers of the planet. On the other hand, a drunk driver may cause the death of one or two people in a family when he hits them with the vehicle he is driving and serve a few years in jail or even get a suspended sentence with a fine. This is not balanced justice.
When we need to correct our child, pass on our inheritance to our family, or witness a crime, balanced justice and mercy are essential. Fairness without bias, grace when shown, and truth maintained are divinely intended actions. Decisions affecting others should not be made in haste. Corrections must be appropriate to the offense. Mercy can be extended when repentance is sincere. Confidence takes time to restore after serious offenses. We must remember that God is light, life, and love. These three attributes should be exemplified by spiritual people who are called to make spiritual judgments.