Why There Are No Prisons In The Old Testament

Yesterday I wrote about Faisal Shahzad, the Muslim terrorist who this week received a lifetime federal scholarship for attempting to blow up Times Square. I noted the irony in Americans having to pay room and board for the next 50 years for the person trying to kill them. I also suggested the Bible had a better solution.

Old Testament law does not provide for prisons. I challenge you to look. There are none, nunca.

It’s not because people were so good they had no need for prisons. Just the opposite, God’s law contained a very detailed framework for addressing criminal conduct, but prisons were not part of that framework, and for good reason.

Think about it. Joe Criminal steals from you. The State brings charges against him, for which you (the taxpayer) pay. It’s not enough Joe’s already stolen from you because when he’s convicted, we then send him to prison where you (the taxpayer) pay $23,000/yr. to house and feed him so he can hang out with other criminals for a few years and learn to be a better criminal.

On top of that, we talk about Joe paying his debt to society, as if the State is the victim, when in fact you are. There is no restitution. There is no rehabilitation. Instead, you become a victim twice and Joe becomes a better criminal, more likely than not to commit another crime when he gets out.

Under Old Testament law, if Joe Criminal stole from you, you would bring the charges against him. If he is convicted he doesn’t go to prison. There are no prisons. Instead he is ordered to pay you, perhaps twofold what he stole from you. If he can’t pay you, then his labor is capitalized, meaning it’s sold to someone else. Under this bondservice contract, the purchaser would pay you, making restitution for Joe Criminal. Joe Criminal would then go and work for the purchaser of his services for the agreed-upon time. The law impliedly presumes if someone has enough money to purchase Joe Criminal’s services for a year or years he must be somewhat successful. So, instead of Joe Criminal learning to be a better criminal, he learns to be productive by working under someone who is.

The Old Testament law also paints a picture of the effects of sin. If you commit a crime, you lose your freedom. If you commit sin, you become a slave to sin. The justice system was a constant reminder of a spiritual principle that he who commits sin is slave to sin.

As much sense as this makes, we are quite a ways from trying something like this in the United States. The horrid sin of race-based slavery continues to cause ripple effects through our culture, and for many bond-service would look too much like slavery, even though it is more humane and effective than our modern alternative form of punishment and rehabilitation, namely prisons.

What do you think? Which system makes more sense? GS

False Oaths And Lifetime Scholarships

Perhaps you saw the story yesterday. Faisal Shahzad, the Muslim terrorist who tried to set off a bomb in Times Square, was sentenced to life in prison. When I read it, I had two concerns.

The judge asked Shahzad about the oath of allegiance to the United States he took when he became an American citizen. Shahzad’s answer, “I did swear, but I did not mean it.”

I suppose this means we now have to hire more INS agents to attend swearing-in ceremonies to ensure immigrants don’t have their fingers crossed behind their back when they take the oath.

The other concern had to do with the sentence: life in prison. Does the irony occur to any other Americans that Shahzad tried to kill you, and now you get to pay $23,000/year for the next 50 years to incarcerate him? He breaks the law and now he’s on scholarship for the rest of his life.

This irony is apparently not lost on God because His solution makes a lot more sense. I’m not referring to capital punishment, although that is a small part of it. Tune in tomorrow and I will explain. GS

4 Reasons I Love Sundays

Courtesy (c)Royalty-Free/Corbis

I love Sundays. In fact, Sunday is my favorite day of the week. Here are 4 reasons I love Sundays:

1.  It’s a day of rest. I’ve been accused of being a workaholic, and I do work hard.  But I learned back in law school to observe the Sabbath. In law school the professors assign students more reading than they can possibly do. They say this teaches the students to handle stress and meet deadlines. I’m not so sure. My colleagues studied 7 days a week. I decided to take a step of faith and trust if I honored the Sabbath (Exodus 20:8-11), the Lord would make my studying more productive the other 6 days. I carried this habit into my career as a lawyer. This means I’ve worked many Saturdays until midnight, but the blessing has always far outweighed the sacrifice.

2.  It’s a day to worship the Lord. There is nothing like being led by a music group in praise and worship, and there is nothing like experiencing the presence of God in a tangible way.

3.  It’s a day to recharge. My job is high stress. If I didn’t have one day a week with down time I would burn out. I’m sure this is why so many trial attorneys and others in high stress jobs do burn out, develop health problems or end up abusing alcohol or drugs.  There is nothing worse than starting work on Monday exhausted. I don’t, and it’s because I’ve developed the habit of observing the Sabbath.

4.  It’s a day of blessing. For all these reasons, Sunday is a day of blessing for me, and I think this is why Jesus said the Sabbath was made for man, not man for the Sabbath. (Mark 2:27)  I look forward to Sundays because I know I will not be working but relaxing, worshipping the Lord and recharging. How could it not be my favorite day of the week? But it’s only a blessing if you honor it. If you repeatedly misuse it to catch up at work or earn a few extra bucks it will no longer be a blessing, just another day.

Life in the kingdom of God is a blessing, but only if you obey the King.  If you’ve not developed a habit of observing the Sabbath, I challenge you to try it for the next 4 weeks. By the second or third week you will find yourself looking forward to it, and Sundays will become a blessing in your life. After that it will be easy to make it a habit. GS

A Different Approach To The Issue Of Abortion

 

With health care at the forefront of the public debate, the issue of abortion is back in the news again.  I realize this is a very controversial and emotional issue, and my intent is not to polarize people further. I even debated whether to publish this post, but I decided to do so because I believe there is a rational path toward resolution on this issue.

The problem with the issue of abortion is both sides start from opposing presuppositions.  Pro-lifers presuppose a fetus is a human life.  Abortion-advocates presuppose a fetus is not a human life, or that it is not until it becomes viable, or they are agnostic and believe a woman’s choice trumps all.  Because both sides start from opposing presuppositions they will never reach the same conclusion.  Any resolution is dependent on one or both sides starting from a different place.

I propose both start from a more humble and honest place: the place of uncertainty.  The great jurist, Learned Hand said, “The spirit of liberty is the spirit that is not sure it is right.”  That is a great place to start.

I think there is great evidence, both scientific and Biblical, that a fetus is a human life, but I am willing to set that aside and state that I might be wrong.  If you are on the other side of the issue you will surely admit you cannot know for certain that a fetus is not a life.  It may be. It may not be.  You may have an opinion, but you cannot honestly say you know for certain.  Now that we are at the same place–the place of uncertainty–we have something to talk about.

Suppose we were out hunting and you saw something moving in the thicket in the distance you thought was a deer, but you were not sure.  It might be a deer, but it might also be a man. You are uncertain.  Would you pull the trigger?  Would anyone? Would you take the chance of killing a human being? Of course not.  The issue of abortion is no different.  If you cannot be certain a fetus is not a human life you cannot advocate abortion; and the truth is you cannot be certain.

What happens is people allow expediency or the mother’s preferences and desires to trump their uncertainty.  But this is not rational, nor in the face of uncertainty can it be ethical.  It’s just expedient.  It’s no different than slave owners deciding African-Americans were not fully human because slave owners didn’t want to give up their cotton and tobacco profits.  I’ve never had to deal with an unwanted pregnancy and while I can guess, I cannot say I fully understand what a mother of an unwanted pregnancy feels in the moment of decision.  But I don’t need to know because we are trying to arrive a rational, ethical decision, not an emotional one.

Anyway, that’s how I see it, but I may be wrong.  GS

 

Kingdom Wage & Hour Law

Courtesy ©iStockphotos.com/HelpingHandsPhotos

The law that governs the conduct of Kingdom citizens is not always the same as the law of earthly kingdoms. The Kingdom standard is higher and rarely, if ever, lower. On the issue of wage and hour law, this is certainly true.

The Lord told Moses, “You shall not oppress your neighbor or rob him.  The wages of a hired man are not to remain with you all night until morning. (Leviticus 19:13).

In other words, you don’t make your employees wait to be paid. In fact, it appears the Lord equates delay in payment with oppression and robbery.

Here’s the problem. Let’s say, like many employers, you pay your employees as infrequently as allowed by your government, which can be as infrequently as monthly.  Once your employee completes his day’s work, he has earned his pay. By you holding on to his money, interest free for a month, you are not only gaining a benefit for yourself, you are also depriving your employee of what the Bible says is lawfully his.

You may be thinking, “I can’t write a paycheck everyday.  That’s not feasible.”  I agree. With the legal requirements of withholding and for timely depositing payroll taxes it would be an administrative nightmare. Here’s what you can do.

With salaried employees, you pay them weekly in advance of their work. That way their wages do not remain with you overnight; they are receiving their wages before they earned them.  You may be thinking, “What if they quit before working the entire week?  Then I will have to try to get the money back from them.”  True, but by paying the employee periodically in arrears, you are forcing the employee to bear the risk that you won’t pay them.  Either way there is a risk to one party or the other, but it’s a risk the Bible places on the employer, who is in the better financial position to bear it.

With hourly employees, because you don’t know in advance how many hours they will work, you probably don’t have a choice but to pay them in arrears.  However, you can and should pay them as often as is possible and practicable, which is usually weekly.

Over the years, I’ve paid my salary employees in advance and my hourly employees weekly, and I’ve always felt it blessed them.  This is as it should be for employees employed in a business run by one operating under the delegated authority of King Jesus because the law of the Kingdom should be a source of blessing for those who nest in the branches of the kingdom of God.  GS