John 8:3–11 (cf. Rom. 13:4)—Did Jesus repudiate capital punishment in this text?

Problem: Passages like Romans 13:4 present a good case for capital punishment, for the passage says, “for it [the government] does not bear a sword for nothing; for it is a minister of God, an avenger who brings wrath upon the one who practices evil” (nasb). In John 8 a woman is caught in an adulterous situation, which was cause for stoning according to the Mosaic Law. Yet Jesus did not seek her death, but rather forgave her sin. Did Jesus thereby reject capital punishment?

Solution: First, the authority in Romans 13 is the Roman government and the authorities in John 8 are Jewish ones. The point is that the Jews had to act under Roman law. For instance, if they were really going to stone a woman, why did they seek the help of Pilate in the crucifixion of Jesus? For in John 18:31 the Jews respond to Pilate saying, “It is not lawful for us to put anyone to death.” But in the case of the adulterous woman, they were ready to stone her.

Second, they did not act in accordance with the Law itself. The Law stated that both the parties, male and female, had to be brought before the people (Deut. 22:22–24). Since this woman was caught in the very act (v.4), why wasn’t the man brought out with the woman to be stoned? The scribes and Pharisees who were supposed to be law abiding citizens failed in a key aspect of their own law.

Third, the motives of these scribes and Pharisees were wrong. They used this opportunity to try to trap Jesus so that they might have a reason for accusing Him (v.6). The crime of adultery did not seem important to them. Rather, it seemed more important to find cause for accusation against Jesus.

This passage, then, is not a good text for anyone who wants to propose that Jesus opposed capital punishment. In fact, other places of Scripture seem to support the very idea (see Gen. 9:6 and Matt. 26:52).

Contradictions
Originally available only on the Web, this series tackling the
supposed contradictions
in God’s Word is now also available in
book form
.
Introduction
Slaughter at Jericho
Seeds of Dissent
Cut in Half
See all
Exodus 20:14
You shall not commit adultery
Deuteronomy 5:18
You shall not commit adultery.
Leviticus 20:10
The man who commits adultery with another man’s wife, he who commits adultery with his neighbor’s wife, the adulterer and the adulteress, shall surely be put to death.
John 8:3–11
Then the scribes and Pharisees brought to Him a woman caught in adultery. And when they had set her in the midst, they said to Him, “Teacher, this woman was caught in adultery, in the very act. Now Moses, in the law, commanded us that such should be stoned. But what do You say?”
This they said, testing Him, that they might have something of which to accuse Him. But Jesus stooped down and wrote on the ground with His finger, as though He did not hear. So when they continued asking Him, He raised Himself up and said to them, “He who is without sin among you, let him throw a stone at her first.”
And again He stooped down and wrote on the ground.
Then those who heard it, being convicted by their conscience, went out one by one, beginning with the oldest even to the last. And Jesus was left alone, and the woman standing in the midst.
When Jesus had raised Himself up and saw no one but the woman, He said to her, “Woman, where are those accusers of yours? Has no one condemned you?”
She said, “No one, Lord.” And Jesus said to her, “Neither do I condemn you; go and sin no more.”
Deuteronomy 17:6
Whoever is deserving of death shall be put to death on the testimony of two or three witnesses; he shall not be put to death on the testimony of one witness.
Deuteronomy 19:15
One witness shall not rise against a man concerning any iniquity or any sin that he commits; by the mouth of two or three witnesses the matter shall be established.
In the passage referred to, a woman is brought to
Jesus
by the religious leaders who were interested in trapping Him in a difficult situation. Many apparent witnesses have been found to condemn this woman who has been caught in the very act of adultery. According to the laws given to Moses and laid out in Exodus, Leviticus, and Deuteronomy, adultery was a
sin
punishable by death—for the man and the woman! It is interesting to note that only the woman was brought before
Jesus
. This exposes the motives of the religious leaders. They were not interested in justice, but in accusing
Jesus
so they might discredit His authority.
When the witnesses were not in agreement, they were dismissed until two that were in agreement could be found.
One of the requirements of the administration of justice laid out in the Mosaic Law was that there must be agreement between two or three witnesses (
Deuteronomy 17:6, 19:15
) to condemn the accused. Jesus also faced this same standard in the trial that was held before Caiaphas (
Matthew 26:57–60
). When the witnesses were not in agreement, they were dismissed until two that were in agreement could be found.
After the leaders present the accused woman to
Jesus
, He stoops and writes something on the ground, ignoring the leaders. Though Scripture does not record what He wrote, some have speculated it was the Ten Commandments. Regardless, the leaders were convicted of their own sinfulness when
Jesus
asked them to cast the first stone. As they walk away one by one, the woman is left standing alone. With no witnesses to accuse her,
Jesus
is justified in letting her go. He is not violating the Mosaic Law referenced by the Jewish leaders as there are no witnesses to provide testimony to condemn her.
Jesus exercises grace in His treatment of the woman without violating the letter of the Law. As God in the flesh, Jesus also has the authority to forgive sins (
Matthew 9:6
). It is clear from the text and a proper understanding of the application of Mosaic Law that the contradiction is apparent, and not real.

The Law of Moses commanded severe punishment for adultery (Exodus 20:14, Leviticus 20:10), but in John 8, Jesus forgives the woman caught in adultery rather than condemning her to be stoned.

Christ did not violate the Law; rather, as the Divine Lawgiver, He fulfilled its ultimate spiritual purpose: repentance and restoration. The Pharisees brought the woman to Jesus not out of a desire for justice, but as a trap (John 8:6). By demanding that the one "without sin" cast the first stone, Jesus exposed the hypocrisy of her accusers, who were themselves guilty before God.

Once the accusers fled, Jesus exercised His divine prerogative to forgive sins. He upheld the moral standard of the Law by acknowledging her sin and commanding her to "go and sin no more" (John 8:11). Christian theology teaches that the Law was a "tutor" to lead us to Christ (Galatians 3:24), who offers grace and transformation rather than mere condemnation.

> Exodus 20:14

> You shall not commit adultery

> Deuteronomy 5:18

> You shall not commit adultery.

> Leviticus 20:10

> The man who commits adultery with another man’s wife, he who commits adultery with his neighbor’s wife, the adulterer and the adulteress, shall surely be put to death.

> John 8:3–11

> Then the scribes and Pharisees brought to Him a woman caught in adultery. And when they had set her in the midst, they said to Him, “Teacher, this woman was caught in adultery, in the very act. Now Moses, in the law, commanded us that such should be stoned. But what do You say?”

> This they said, testing Him, that they might have something of which to accuse Him. But Jesus stooped down and wrote on the ground with His finger, as though He did not hear. So when they continued asking Him, He raised Himself up and said to them, “He who is without sin among you, let him throw a stone at her first.”
> And again He stooped down and wrote on the ground.

> Then those who heard it, being convicted by their conscience, went out one by one, beginning with the oldest even to the last. And Jesus was left alone, and the woman standing in the midst.
> When Jesus had raised Himself up and saw no one but the woman, He said to her, “Woman, where are those accusers of yours? Has no one condemned you?”

> She said, “No one, Lord.” And Jesus said to her, “Neither do I condemn you; go and sin no more.”

> Deuteronomy 17:6

> Whoever is deserving of death shall be put to death on the testimony of two or three witnesses; he shall not be put to death on the testimony of one witness.

> Deuteronomy 19:15

> One witness shall not rise against a man concerning any iniquity or any sin that he commits; by the mouth of two or three witnesses the matter shall be established.

In the passage referred to, a woman is brought to Jesus by the religious leaders who were interested in trapping Him in a difficult situation. Many apparent witnesses have been found to condemn this woman who has been caught in the very act of adultery. According to the laws given to Moses and laid out in Exodus, Leviticus, and Deuteronomy, adultery was a sin punishable by death—for the man and the woman! It is interesting to note that only the woman was brought before Jesus. This exposes the motives of the religious leaders. They were not interested in justice, but in accusing Jesus so they might discredit His authority.

> When the witnesses were not in agreement, they were dismissed until two that were in agreement could be found.

One of the requirements of the administration of justice laid out in the Mosaic Law was that there must be agreement between two or three witnesses (Deuteronomy 17:6, 19:15) to condemn the accused. Jesus also faced this same standard in the trial that was held before Caiaphas (Matthew 26:57–60). When the witnesses were not in agreement, they were dismissed until two that were in agreement could be found.

After the leaders present the accused woman to Jesus, He stoops and writes something on the ground, ignoring the leaders. Though Scripture does not record what He wrote, some have speculated it was the Ten Commandments. Regardless, the leaders were convicted of their own sinfulness when Jesus asked them to cast the first stone. As they walk away one by one, the woman is left standing alone. With no witnesses to accuse her, Jesus is justified in letting her go. He is not violating the Mosaic Law referenced by the Jewish leaders as there are no witnesses to provide testimony to condemn her.

Jesus exercises grace in His treatment of the woman without violating the letter of the Law. As God in the flesh, Jesus also has the authority to forgive sins (Matthew 9:6). It is clear from the text and a proper understanding of the application of Mosaic Law that the contradiction is apparent, and not real.