Deuteronomy 19 BALANCED JUSTICE In ancient times evenhanded justice was not a common practice in tribal societies. How to deal with murder has been an essential matter to deter potential murders from happening. To overlook and ignore it would lead to chaos and fear. To address it quickly and harshly has led to the conviction and death of innocent people. God gave to Israel rules to determine if a death was accidental or deliberate. Also, He designed a way that there would be a safeguard for the manslayer until the time a fair hearing into the matter could take place. In the aftermath of a killing there are hot tempers, emotional responses that cannot be denied. In ancient societies, many innocents were killed in the heat of the moment, and the guilty were let go because of position or prestige in the tribe. In His divine wisdom, God designated three cities on the east side of the Jordan River for those 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.
As long as the accused remained inside the walls of the city of refuge, he was safe. Judges would convene and hear the case to determine what the judgment would be. If the person was innocent, they would be able to live in safety inside that city. If the person was found guilty, the avenger would be the chief executioner. That decision would have to be affirmed by two or three witnesses. In order to remain safe even after being found innocent the manslayer would have to stay in the place of safety - the city of refuge. Justice and mercy fit well together if the rule of law is carried out as God intended. Self-defense or accidental death not caused by negligence needs to be proved. Intended murder needs two or three witnesses to prove the intent behind the action. Whenever matters arise between God's people that have the potential of causing strife and division, it is well to have those who are impartial hear both sides of an argument and the testimony of witnesses, before making an impartial decision. That is one of the reasons plurality of elders, is necessary in an assembly of saints. Justice has to maintained so order can be maintained. Mercy is also to be considered when unfortunate things happen. It may have been an act or word that happened by accident or thoughtlessness. The innocent need to be protected and safe, but the guilty needs to be fairly judged and steps taken to change whatever was wrong.
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 for those living there to be able to flee to. Justice and mercy were within reach of all the people. This reminds us that God is not unfair in any way. He is the ultimate, impartial Judge who "can by no means clear the guilty." But at the same time, He shows mercy upon those He chooses to show mercy. He gives us the ability to do that which is needed by us all so we can live in peace and harmony with our brothers and sisters.
There needs to be balanced justice when it comes to property ownership. Many disputes are caused because a landmark has been moved or removed altogether. One party will claim property that was originally designated by a pile of stones or a particularly obvious stone set up to mark the corner of a possession. These markers were not only to be permanent for the present owners of the piece of land and those who owned the adjacent land to know what were the boundaries, but was also that the generations following would know what is their land by inheritance. Far too often property to be passed on by inheritance has not been carefully designated by the previous owner. Wise parents will have made plain their wishes in regard to who gets what after they pass on. Landmarks are an essential benefit to those who come after us whether it be personal property we might own, or our spiritual inheritance that can be identified by those truths we hold dear. The first may be plain because of pins, pegs or rocks placed in positions that are not to be changed. The second set of landmarks are established by God, and our convictions in relation to the Bible, the way we worship and serve God, the practices of family life and of the assembly of which we are a part, mark the boundaries in which we conduct our lives. A balanced justice can be maintained and carried out when we have clearly defined what we believe and are consistent in living it out.
When accidents or crimes take place, it is God's intention that justice be served. In order for this to be so, there needs to be two or three witnesses who actually saw the event, in order to convict a person. Hearsay evidence is not acceptable as true evidence, even though it may be true. Balanced, even-handed justice will protect the innocent and convict the guilty if the teaching of God's Word is followed. Eyewitnesses of an event are enough for judges to make a fair judgment. God also put a safeguard in place regarding witnesses. A false witness whose testimony was found out to be false, was subject to the same punishment as the one who committed the crime. Protestation of their innocence would not change the fact that their testimony against another person was false.
Balanced justice kept the judgment imposed on a convicted person from going too far and from it being too extreme. At the same time, it made sure that the punishment of the guilty did fit the crime. The guilty would feel the pain he had caused others when he had to experience the same thing. He would live with the consequences of his sin in the same way his victim had to live. So "an eye for an eye, tooth for tooth, hand for hand, foot for foot," was both justice carried out on the offended, and a deterrent to others who might be inclined to do something and hope they would get away with a lesser punishment than the one they inflicted. 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 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 have to correct our child, pass on our inheritance to our family, witness or commit a crime - balanced justice and mercy are to be used. Fairness without partiality, grace shown and truth maintained are divinely intended actions. Decisions made that affect others will not be made in haste. Corrections that have to be imposed will suit the offence. Mercy can be shown when repentance is genuine. Confidence takes time to be restored when serious offenses occur. We need to remember God is light, life and love. Those three attributes need to be exemplified by spiritual people who are called upon to make spiritual judgments.
Deuteronomy 19:15, 21. “One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established… And thine eye shall not pity; but a life shall go for a life, eye for eye, tooth for tooth, hand for hand, foot for foot.”
JUSTICE. There are places to which a slayer can flee; On the west side three and across the river three. There the judges will gather to determine innocence or guilt – The manslayer is safe there until decided why blood was spilt.
Kadesh, Shechem and Hebron, each with a special name; The first, a fount for the unclean, the second, for the weary who came. Hebron, a shelter for the homeless – finding there, fellowship – Each a safe haven until judges mete out their clear justice.
Bezor, Yolan and Ramoth on the east side of the river for those Who needed a place of refuge not at a distance but close; Today we have such places of refuge, each one a “Church of God”, Where discipline with grace is given, each person a time to be heard.
For each accusation there needs two or three witnesses, Who are not false but can give true and personal evidences; A false witness falls under the same condemnation As the accused person who is seeking vindication.
The removal of a landmark is an offense that is serious, It is evidence that one thinks what God gives is spurious. That mark must remain, placed there long in the past, Proof of ownership of property and justice that will last.
It is not for us to decide what should remain – The order was given by God and His laws we maintain. Truth is not a commodity that is bought or sold – God’s established landmarks are right even when old.
Carrying out of justice is not to be undone out of pity. Righteousness doesn’t change from city to city. God's system of justice was that His people live in peace – And yet even in righteous justice, there is still room for grace.
“O Righteous God, there seems to be an idea about indicating people can get away with almost anything because Thou art a God of mercy. I am thankful for such mercy that withheld judgment from falling on me. At the same time, I know Thou art a just God, and there is recompense for evil and sin. When a person who has sinned and acknowledges that before Thee, how thankful I am able to tell him Thou art gracious and a ransom has been found to legally deal with his guilt. In the name of the Lord Jesus Christ, Amen.”