Defining Murder (16)

Murder is unlawful killing of person. The law gives examples that enables the boundaries around murder to be defined.

1. Killing a person in reasonable self defence is not murder.

If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed; but if it happens after sunrise, he is guilty of bloodshed (Ex 22:2)

This is not an absolute rule, but an example of how an investigation of the circumstances can reveal whether the action was murder.

2. Killing a soldier during a war is not murder.

If they refuse to make peace and they engage you in battle, lay siege to that city. When the LORD your God delivers it into your hand, put to the sword all the men in it (Deut 20:12,13).

This rule does not apply to all wars, but only to those that are justified by the principle of self defence.

3. An accidental death is not murder,

if he does not do it intentionally, but God lets it happen (Ex 21:12)

A person cannot be held accountable for something that was beyond their control.

4. Intent is important. Murder occurs,

if a man schemes and kills another man deliberately (Ex 21:12)

5. Unintentionally killing an unborn child can be murder

If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. (Ex 21:22).

In this example, the men’s action was unintentional, so it is treated as assalt. If their action had been intentional and the baby died, their crime would become murder.

6. Allowing a dangerous animal or machine to wander without restraint could become murder.

If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman (Ex 21:29),

the crime becomes murder.

The biblical examples that help define the crimes of theft, false witness and murder are all common sense. We are not surprised by them, because they have been borrowed by most modern legal systems.

These examples provide judges with good principles to apply when deciding difficult cases. God does not need politicians to define these concepts for him.