The Parameters of Justice (Ki Teitse, Covenant & Conversation)
In Deuteronomy 24, we encounter – for the first time – the explicit statement of a law of far-reaching significance:
“Parents shall not be put to death for their children, nor shall children be put to death for parents. A person shall be put to death only for his own sin. (Deut. 24:16)
“Parents shall not be put to death for their children, nor shall children be put to death for parents. A person shall be put to death only for his own sin. (Deut. 24:16)
We have strong historical evidence as to what this law was excluding, namely vicarious punishment, the idea that someone else may be punished for my crime:
For example, in the Middle Assyrian Laws, the rape of an unbetrothed virgin who lives in her father’s house is punished by the ravishing of the rapist’s wife, who also remains thereafter with the father of the victim. Hammurabi decrees that if a man struck a pregnant woman, thereby causing her to miscarry and die, it is the assailant’s daughter who is put to death. If a builder erected a house which collapsed, killing the owner’s son, then the builder’s son, not the builder, is put to death. (Nahum Sarna, Exploring Exodus, p. 176)
For example, in the Middle Assyrian Laws, the rape of an unbetrothed virgin who lives in her father’s house is punished by the ravishing of the rapist’s wife, who also remains thereafter with the father of the victim. Hammurabi decrees that if a man struck a pregnant woman, thereby causing her to miscarry and die, it is the assailant’s daughter who is put to death. If a builder erected a house which collapsed, killing the owner’s son, then the builder’s son, not the builder, is put to death. (Nahum Sarna, Exploring Exodus, p. 176)
We also have inner-biblical evidence of how the Mosaic law was applied. Joash, one of the righteous kings of Judah, attempted to stamp out corruption among the priests, and was assassinated by two of his officials. He was succeeded by his son Amaziah, about whom we read the following:
After the kingdom was firmly in his grasp, he [Amaziah] executed the officials who had murdered his father the king. Yet he did not put the sons of the assassins to death, in accordance with what is written in the Book of the Law of Moses, where the Lord commanded: “Fathers shall not be put to death for their children, nor children put to death for their fathers; each is to die for his own sins. (II Kings: 14:5-6)
After the kingdom was firmly in his grasp, he [Amaziah] executed the officials who had murdered his father the king. Yet he did not put the sons........
