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                                                                                                                                              • The Normal Christian Life
                                                                                                                                                • The Philosophy 1:1-14
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                                                                                                                                                        Laws Pertaining to Legal Procedure

                                                                                                                                                        Elders and officers are to be appointed.
                                                                                                                                                         (Deuteronomy 16:18; 1 Timothy 3:1-13; Titus 1:5-9)

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                                                                                                                                                        Ordination of Daniel Houseworth of CRBC
                                                                                                                                                        The office of elder is a noble task and a worthy ambition.[1] The office of elder is incredibly ancient. Its existence apparently preceded Moses because it was simply stated as a matter of fact, without explanation. Moses was told to gather the elders of Israel to pass on to the people the message of the Lord.[2] They are mentioned throughout the Bible, starting in Genesis and ending in Revelation where we find out that there are even elders in Heaven! [3]

                                                                                                                                                        Obviously, it should not be entered into lightly, seeing as there are higher standards for those who teach, those who would be leaders.[4]

                                                                                                                                                        Shepherds. Elders are considered the under-shepherds of the local flock. They have oversight over God’s people. Elders are responsible to lead them to safe pasturage, to feed and water them well, and to keep them safe until the Good Shepherd returns for them.[5] 2 Samuel 5:2 and Psalm 78:71-72 clearly demonstrate the biblical understanding of “shepherding” is leadership or rule. As shepherds, the elders should be known for their care of even the physical needs of their flock.[6] Like all good shepherds, they pay careful heed to their flock, and seek to know their flock intimately and the individual member’s state of health so that they can adequately perform their duties.[7]

                                                                                                                                                        Overseers. They are the leaders of the church and direct the affairs of all its ministries, including the delegated responsibilities of the deacons.[8]Though the tasks of day-to-day financial management may be delegated,[9] the ultimate responsibility of the money is clearly considered to be the elders’[10] for the elder is defined as an “overseer”, as “God’s manager” and the responsibility is immediately tied to the prohibition against greed.

                                                                                                                                                        Obviously, in order to be able to lead God’s church, have oversight of what may at times be huge budgets and ministries and judge all the intricacies of interpersonal conflict, an elder must have a certain amount of intelligence tempered by wisdom.[11]

                                                                                                                                                        Preachers, teachers. Paul instructed Timothy,
                                                                                                                                                        • 1Timothy 5:17 The elders who are good leaders should be considered worthy of an ample honorarium, especially those who work hard at preaching and teaching. 
                                                                                                                                                        The fact that it says “especially those” denotes that not all were doing the preaching and teaching. However, the ability to teach is a requirement among the eldership. It is one of a few characteristics that separate them from the diaconate.[12]

                                                                                                                                                        Even if they don’t all personally preach, they are responsible for all preaching and teaching that takes place among the church family.[13]They are responsible to gather the people together in order to lead them in holy worship and the study of the Scriptures.[14] During these times the elders should take it upon themselves to carefully explain the meaning of the Scriptures to the people and help them find practical applications. (Nehemiah 8:8)

                                                                                                                                                        Obviously, personal study of the Scriptures must be a primary concern of a good elder. Elders should be constantly striving to sharpen their knowledge and skills – the better to serve the Lord.[15]

                                                                                                                                                        Guardians. As those responsible for the spiritual direction and health of the church, they should be keenly aware of and passionate about the defense of good biblical doctrine. The elders may gather in council as a “beit din” and rule on matters of doctrine. In order to do this they must not only possess sufficient knowledge but also the requisite moral courage to refute those who contradict sound doctrine and righteous behavior.[16] They are to watch out for the flock, protecting it from false teachers and false doctrine that could harm them.[17] There are times when a person should be silenced in the church, but it is only when they are teaching false doctrine and leading people from the Scriptures, not when they choose to disagree with the elders.[18]

                                                                                                                                                        Protected but accountable. Because of this critical role they are exposed to more criticism than most people and must be protected from frivolous accusations. Therefore, we do not accept accusations against an elder of the church without at least two witnesses or solid corroborating evidence. This does not mean that they are beyond discipline, however. Those against whom fault may be found are to be firmly disciplined as an example to all for with God there is no favoritism.[19]

                                                                                                                                                        However, this leadership is to be characterized by humble service rather than arrogant domination. A good elder will “lead from the front” by which we mean s/he will lead by example.[20] Obviously, this means that the elders are responsible to carefully imitate the Master; His mindset, His passion, and His mission.[21]

                                                                                                                                                        Elders must be careful to be aware of their own sinful proclivities and to set a hedge about themselves so as to not bring reproach to Hashem. This is partially done through mutual honesty and confession amongst the elders.[22]

                                                                                                                                                        The eldership must not be seen to be a divisive element in the church. They cannot be cantankerous and belligerent, arguing over trivialities at the expense of wholesome conversation.[23]

                                                                                                                                                        Plurality of eldership. We believe that the example of both the Old and New Covenant demonstrates the need for a plurality of elders. This is done to maintain accountability but also to better spread the considerable load of responsibility involved in ministry.[24]

                                                                                                                                                        Though we believe the Bible endorses having a plurality of elders, the New Covenant seems to indicate that one elder in particular is to act as the primary leader of the church. Today we generally refer to that elder as “pastor” though that is not actually the name of the person’s office but their spiritual gift. For example:
                                                                                                                                                        • Timothy was the pastor of the church at Ephesus.[25]
                                                                                                                                                        • Titus was the pastor of the church in Crete.[26]
                                                                                                                                                        • James was the pastor of the church in Jerusalem.[27]
                                                                                                                                                        On the other hand, the argument that elders can only come from the seminary trained, ordained pastoral staff is completely fatuous. The elders of Israel were obviously chosen from among the general population. In a congregation the size of Israel, the need for elders who were in charge of “thousands, hundreds, fifties and tens”[28] implied that there were thousands of them. If Israel’s population at this time numbered around 10 million that would imply that there were at least 10,000 leaders of a thousand! To argue that only ordained, pastoral staff can be elders is tantamount to saying that only ordained, pastoral staff can have character and be discerning! Foolishness!

                                                                                                                                                        If an arrogant pastor will admit the Scriptural mandate for a council of elders to govern a local church by Biblical precepts, yet wants to claim that he is first among equals – a Moses if you will – he would have no Scriptural basis. Here Moses and the elders speak as one.
                                                                                                                                                        • Deuteronomy 27:1 HCSB  Moses and the elders of Israel commanded the people, "Keep every command I am giving you today.
                                                                                                                                                        The council of elders should only recommend the appointment of another elder to the church after much prayer and fasting and after that person has had adequate time to clearly demonstrate their character and servant’s spirit. Once the congregation has indicated their willingness to follow the Spirit’s leading in the matter, the elders publicly ordain that person by the laying on of hands.[29]

                                                                                                                                                        With these principles in view, the church’s responsibility is to heed and obey their elders as long as those elders are conforming both their teaching and their personal behavior to the Word.[30] 
                                                                                                                                                         
                                                                                                                                                        [1] 1 Timothy 3:1
                                                                                                                                                        [2] Exodus 3:16
                                                                                                                                                        [3] Genesis 50:7; Revelation 4:4
                                                                                                                                                        [4] James 3:1; Matthew 23:34-36; Luke 12:47-48; 20:47
                                                                                                                                                        [5] 2 Samuel 5:2; Psalm 78:71-72; John 21:15-17; Acts 20:17; cp 28; 1 Peter 5:1-2
                                                                                                                                                        [6] James 5:14
                                                                                                                                                        [7] Proverbs 27:23
                                                                                                                                                        [8] Acts 6:2-4; 11:29-30; 1 Timothy 5:17
                                                                                                                                                        [9] Acts 6:2-4
                                                                                                                                                        [10] Hebrews 13:17; Titus 1:7
                                                                                                                                                        [11] Deuteronomy 1:13
                                                                                                                                                        [12] 1 Timothy 3:2; Titus 1:9
                                                                                                                                                        [13] Ezra 7:10; Ephesians 4:11-12; 1 Timothy 5:17; Acts 20:27
                                                                                                                                                        [14] Nehemiah 8:1-7
                                                                                                                                                        [15] Jeremiah 3:15; Psalm 78:71-72; Acts 6:4; 2 Timothy 2:15; Titus 1:9; 1 Peter 3:15-16
                                                                                                                                                        [16] Acts 15:2, 6; Titus 1:7-9
                                                                                                                                                        [17] Acts 20:29-31; Colossians 2:8; 2 Timothy 3:5-9; Hebrews 13:17; Jude 1:3-4
                                                                                                                                                        [18] Psalm 101:4-8; Proverbs 10:31-32; Titus 1:10-11; 1 Peter 2:1
                                                                                                                                                        [19] 1 Timothy 1:19-20; 5:17-20; 3 John 1:9-11
                                                                                                                                                        [20] 2 Thessalonians 3:7, 9; 1 Peter 5:1-3
                                                                                                                                                        [21] 1 Corinthians 11:1; Philippians 2:5
                                                                                                                                                        [22] Matthew 7:4-5; Luke 6:41-42; Acts 20:28; James 5:16; 1 John 1:6-10
                                                                                                                                                        [23] Ephesians 4:29; Colossians 4:6; 2 Timothy 2:14-16, 23-25; 1 Peter 3:15-16
                                                                                                                                                        [24] Numbers 11:16-17; Acts 14:23; Philippians 1:1 (Notice that there were several elders and several deacons at this church); Titus 1:5
                                                                                                                                                        [25] 1 and 2 Timothy
                                                                                                                                                        [26] Titus 1:5
                                                                                                                                                        [27] Acts 12:17; 15:13; cp Galatians 2:12
                                                                                                                                                        [28] Exodus 18:21, 25; Deuteronomy 1:15
                                                                                                                                                        [29] Acts 13:2-3; 14:23; 1 Corinthians 4:1-2; 1 Timothy 4:14; 5:22
                                                                                                                                                        [30] Hebrews 13:17; cp Acts 5:27-29

                                                                                                                                                        Dayanim - among the Elders, some judges are to be appointed.

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                                                                                                                                                        Elders also act as judges among the people. When God’s people have an interpersonal or business conflict that they cannot resolve on their own, they have the option of bringing it to a “beit din” for resolution.[1]

                                                                                                                                                        This is implicated in the application of capital punishment as prescribed in the Noahide Laws.[2]

                                                                                                                                                        It is explicitly outlined in the story of the origin of the formal, hierarchical judicial system. Moses was the first judge named in the Tanakh. There was to be a lower and higher court.[3]

                                                                                                                                                        It is implied in the Apostle Paul’s rebuke to the Corinthians about taking their cases before Lowlander judges.[4]

                                                                                                                                                        The idea of a lower and higher court is implied in the Master’s description of the procedure we should take when wronged.[5] The “two or three witnesses” is the same halakhic requirement for any decision on a capital crime. The “three witnesses” (a bare minimum) would be a beit din. The congregation stands as the “Sanhedrin”.

                                                                                                                                                        Thus, those doctrinal issues that are too thorny for one elder may be referred to another more knowledgeable elder. Hopefully the senior elder (generally referred to as the church’s pastor) should have the best scriptural knowledge and be able to judge the matter.[6] 

                                                                                                                                                        In the Old Covenant, the elders served as local magistrates in bringing murderers to trial.[7] They dealt with intra-family affairs, seeing to it that disobedient sons were punished.[8] They dealt with interpersonal affairs, inflicting penalties for slander.[9] They punished those who were found to be in noncompliance with the Levirate marriage law. In brief, they were tasked with the promulgation and enforcement of God’s Law.[10]

                                                                                                                                                        The church’s chosen elders are thus vested with representative, judicial, and executive authority. When gathered together for the purpose of judgment, they are referred to as the “beit din” or the “council of elders”.[11]  

                                                                                                                                                        They are responsible for judging righteously and impartially.[12] They will only be able to do this if they are themselves obedient to the Word of the Lord[13] and make prayer a regular part of their spiritual diet.[14]

                                                                                                                                                        The decisions of the elders will only be considered valid if it conforms to the principles and precepts presented in the Scriptures.[15] 
                                                                                                                                                         
                                                                                                                                                        [1] Exodus 18:20-22; Deuteronomy 16:18; 1 Samuel 7:15-16; 1 Corinthians 6:1-6
                                                                                                                                                        [2] Genesis 9:5-6
                                                                                                                                                        [3] Exodus 18:13-26
                                                                                                                                                        [4] 1 Corinthians 6:1-6
                                                                                                                                                        [5] Matthew 18:15-20
                                                                                                                                                        [6] Deuteronomy 1:16-17; 17:8-11
                                                                                                                                                        [7] Deuteronomy 19:12; 21:1-2; Joshua 20:3-4
                                                                                                                                                        [8] Deuteronomy 21:18-21
                                                                                                                                                        [9] Deuteronomy 22:13-18
                                                                                                                                                        [10] Deuteronomy 25:5-10
                                                                                                                                                        [11] Psalm 107:32; Luke 22:66; 1 Timothy 4:14
                                                                                                                                                        [12] Leviticus 19:15; Deuteronomy 1:16-17; 16:18-20; Psalm 58:1; 72:2, 4
                                                                                                                                                        [13] 1 Kings 3:9
                                                                                                                                                        [14] Acts 6:2-4; Colossians 4:2; James 5:15-16; 1 Peter 4:7
                                                                                                                                                        [15] 2 Timothy 2:15; Hebrews 4:12-13

                                                                                                                                                        The Issue of Gender

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                                                                                                                                                        Considering the numerous examples of godly female leadership, we do not believe that the eldership is restricted to male believers.
                                                                                                                                                        • Miriam was a prophetess and worship leader placed on equal footing with Moses and Aaron by God.[1]
                                                                                                                                                        • Deborah was a prophetess and judge who could command armies to march.[2]
                                                                                                                                                        • Junia was an apostle that Paul declared to be outstanding.[3]
                                                                                                                                                        • Philip’s four daughters all were prophetesses.[4]
                                                                                                                                                        • Priscilla and her husband started a number of churches and taught an apostle.[5]
                                                                                                                                                        In view of these and many more practical examples, we believe Paul’s prohibition against women teachers was that they should not “usurp” authority.[6] They must not take authority to speak and teach in the church without submitting to the same character requirements that all the other elders have to. 

                                                                                                                                                        Practically speaking I cannot tell you how useful it is to have female elders. We routinely assign counseling of women to them. There have been a couple times when I have been asked to counsel a woman in her home and was very glad to have taken a female elder with me. In one case the woman was visibly disappointed. The following week she falsely accused two police officers she'd invited into her house of sexual harassment and sued the police department. I am convinced she meant to do the same to our congregation. WOMEN ELDERS ARE USEFUL!!!

                                                                                                                                                        For a more detailed study on the issue of the role of women in church ministry see the Elder’s midrash titled “The Role of Women in Ministry” in the Elder’s book.

                                                                                                                                                        [1] Exodus 15:20; Micah 6:4
                                                                                                                                                        [2] Judges 4:4-8
                                                                                                                                                        [3] Romans 16:7
                                                                                                                                                        [4] Acts 21:8-9
                                                                                                                                                        [5] Acts 18:24-28; 1 Corinthians 16:19
                                                                                                                                                        [6] 1 Timothy 2:12-14

                                                                                                                                                        A note of caution

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                                                                                                                                                        From history we learn that simply accumulating learned people and gathering them together for judgment does not necessarily bring forth justice. It was, after all, a first-century Sanhedrin that pursued the murder of our Lord. This is why a beit din must be characterized more by their fear of God than by their intellectual muscle.[1]

                                                                                                                                                        [1] 2 Samuel 17:15; Psalm 89:7; 107:32; Jeremiah 23:22


                                                                                                                                                        The Qualifications of Leadership Listed

                                                                                                                                                           A.        Twenty Positive Traits
                                                                                                                                                            1.    Self-controlled / Disciplined 1 Tim. 3:2; Titus 1:8; Gal. 5:23
                                                                                                                                                            2.    Able to teach 1 Tim. 3:2; 5:17; Titus 1:9
                                                                                                                                                            3.    Holds to the truth 1 Tim. 3:8; Titus 1:9
                                                                                                                                                            4.    Hospitable 1 Tim. 3:2; Titus 1:8
                                                                                                                                                            5.    Good reputation with outsiders 1 Tim. 3:7
                                                                                                                                                            6.    Above reproach / Respectable 1 Tim. 3:2, 8-9; Titus 1:6
                                                                                                                                                            7.    Loves what is good Titus 1:8; Gal. 5:22
                                                                                                                                                            8.    Upright / Holy Titus 1:8
                                                                                                                                                            9.    Married to one wife 1 Tim. 3:2, 12; Titus 1:6
                                                                                                                                                            10. Manages family well 1 Tim. 3:4, 12
                                                                                                                                                            11. Has obedient children 1 Tim. 3:4-5, 12; Titus 1:6
                                                                                                                                                            12. Temperate 1 Tim. 3:2, 8; Titus 1:7
                                                                                                                                                            13. Sincere 1 Tim. 3:8
                                                                                                                                                            14. Serves others in love Gal. 5:13-14, 22
                                                                                                                                                            15. Joyous Gal. 5:22
                                                                                                                                                            16. Gentle 1 Timothy 3:3; Titus 1:7; Gal. 5:23
                                                                                                                                                            17. Peaceful Gal. 5:22
                                                                                                                                                            18. Patient Gal. 5:22
                                                                                                                                                            19. Kind Gal. 5:22
                                                                                                                                                            20. Faithful / Tested 1 Tim. 3:10

                                                                                                                                                           B.        Twelve Negative Traits (with some definitions or clarifications)
                                                                                                                                                            1.    Recent convert 1 Tim. 3:6
                                                                                                                                                            2.    Abusing grace Gal. 5:13
                                                                                                                                                            3.    Proud, Boastful Gal. 5:26
                                                                                                                                                                a.    Haughty Pro. 6:17
                                                                                                                                                                b.    Reviler 1 Cor. 6:10
                                                                                                                                                                c.    Overbearing Titus 1:7
                                                                                                                                                            4.    Divisive
                                                                                                                                                                a.    Promotes enmities Gal. 5:20
                                                                                                                                                                b.    Promotes strife Gal. 5:20
                                                                                                                                                                c.    Jealous / Envying Gal. 5:20-21, 26
                                                                                                                                                                d.    Instigates disputes Gal. 5:20
                                                                                                                                                                e.    Foments dissensions Gal. 5:20
                                                                                                                                                                f.     Leads factions Gal. 5:20
                                                                                                                                                                g.    Challenging Gal. 5:26
                                                                                                                                                                h.    Plotting Pro. 6:18
                                                                                                                                                                i.      Divisive Pro. 6:19
                                                                                                                                                                j.      Quarrelsome 1 Tim. 3:3
                                                                                                                                                            5.    Rebellious
                                                                                                                                                                a.    Lawless 1 Tim. 1:9
                                                                                                                                                                b.    Rebellious 1 Tim. 1:9
                                                                                                                                                                c.    Contrary to sound teaching 1 Tim. 1:10
                                                                                                                                                            6.    Dishonest
                                                                                                                                                                a.    Deceitful Pro. 6:17
                                                                                                                                                                b.    False witness Pro. 6:19
                                                                                                                                                                c.    Liar 1 Tim. 1:10
                                                                                                                                                                d.    Perjurer 1 Tim. 1:10
                                                                                                                                                            7.    Idolatrous
                                                                                                                                                                a.    Idolatrous 1 Cor. 6:9; Gal. 5:20
                                                                                                                                                                b.    Involved in sorcery Gal. 5:20
                                                                                                                                                            8.    Unholy
                                                                                                                                                                a.    Unholy 1 Tim. 1:9
                                                                                                                                                                b.    Profane 1 Tim. 1:9
                                                                                                                                                                c.    Ungodly 1 Tim. 1:9
                                                                                                                                                                d.    Quick to sin Pro. 6:18
                                                                                                                                                            9.    Greedy
                                                                                                                                                                a.    Lover of money 1 Tim. 3:3
                                                                                                                                                                b.    Pursuing dishonest gain 1 Tim. 3:8; Titus 1:9
                                                                                                                                                                c.    Thief 1 Cor. 6:10
                                                                                                                                                                d.    Covetous 1 Cor. 6:10
                                                                                                                                                                e.    Swindler 1 Cor. 6:10
                                                                                                                                                            10. Addicted
                                                                                                                                                                a.    Addicted 1 Tim. 3:3, 8; Titus 1:7; Gal. 5:21; 1 Cor. 6:10
                                                                                                                                                                b.    Carousing Gal. 5:21
                                                                                                                                                            11. Sensual
                                                                                                                                                                a.    Immoral Gal. 5:19; 1 Tim. 1:10
                                                                                                                                                                b.    Impure Gal. 5:19
                                                                                                                                                                c.    Sensual Gal. 5:19
                                                                                                                                                                d.    Fornicator 1 Cor. 6:9
                                                                                                                                                                e.    Adulterer 1 Cor. 6:9
                                                                                                                                                                f.     Effeminate 1 Cor. 6:9
                                                                                                                                                                g.    Homosexual 1 Cor. 6:9; 1 Tim. 1:10
                                                                                                                                                            12. Violent
                                                                                                                                                                a.    Violent 1 Tim. 3:3
                                                                                                                                                                b.    Quick tempered Titus 1:7; Gal. 5:20
                                                                                                                                                                c.    Murderous Pro. 6:17
                                                                                                                                                                d.    Patricidal or matricidal 1 Tim. 1:9
                                                                                                                                                                e.    Murderer 1 Tim. 1:9
                                                                                                                                                                f.     Kidnapper 1 Tim. 1:10

                                                                                                                                                        The submission of cases

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                                                                                                                                                        Scholar by Rembrandt
                                                                                                                                                        Ordinary cases are to be submitted to the judges.[1]
                                                                                                                                                        Exceptional cases may be submitted to a beit din.[2]
                                                                                                                                                        Where the beit din is held:
                                                                                                                                                        1. In a public setting[3]
                                                                                                                                                        2. In a Beit Din or House or Hall of Judgment [4]
                                                                                                                                                        They may ultimately be brought to the entire congregation.[5]

                                                                                                                                                        Judgments:
                                                                                                                                                            a.    Nature of:
                                                                                                                                                                i.    There is one Law for all - for the Israelite and for the stranger.[6]  
                                                                                                                                                                ii.    Judges must not pervert justice.[7]
                                                                                                                                                                iii.    The righteous are to be justified and the wicked condemned.[8]
                                                                                                                                                                iv.    One who sins (breaks any of Yahweh's Laws) whether intentionally or unintentionally is guilty.[9]   
                                                                                                                                                                 v.    Bribery is forbidden.[10]

                                                                                                                                                        b.    Compliance to:
                                                                                                                                                                   i.    Their rulings, if in line with the Scriptures, are to be regarded as from God.[11]
                                                                                                                                                                   ii.    When required by Law, the judges must administer the appropriate punishment.[12]  
                                                                                                                                                                   iii.    Are to be strictly obeyed.[13]
                                                                                                                                                                   iv.    The sentence is to be executed.[14]
                                                                                                                                                                    v.    The penalty for defiance is banishment; exclusion; excommunication.[15]  

                                                                                                                                                        Appeals
                                                                                                                                                            a.    May be made to the Dayan[16]
                                                                                                                                                            b.    May in certain cases be made to the government[17]

                                                                                                                                                        [1] Deuteronomy 25:1-2
                                                                                                                                                        [2] Exodus 18:22, 25-26; Deuteronomy 17:8-10
                                                                                                                                                        [3] Deuteronomy 21:19
                                                                                                                                                        [4] 1 Kings 7:7
                                                                                                                                                        [5] Numbers 5:11-31; Deuteronomy 21:1-9 cp Matthew 18:15-20
                                                                                                                                                        [6] Numbers 15:15-16
                                                                                                                                                        [7] Exodus 23:6-8
                                                                                                                                                        [8] Deuteronomy 25:1
                                                                                                                                                        [9] Leviticus 5:17; Numbers 15:30
                                                                                                                                                        [10] Deuteronomy 16:18-20; Isaiah 1:23-26
                                                                                                                                                        [11] Deuteronomy 1:17
                                                                                                                                                        [12] Deuteronomy 25:2-3
                                                                                                                                                        [13] Deuteronomy 17:9-13
                                                                                                                                                        [14] Deuteronomy 25:2-3
                                                                                                                                                        [15] Numbers 15:30-31
                                                                                                                                                        [16] Exodus 18:26; Deuteronomy 17:8-11
                                                                                                                                                        [17] 1 Kings 3:16-27


                                                                                                                                                        Methods of Punishment

                                                                                                                                                        The principle of Lex Talionis

                                                                                                                                                        Picture
                                                                                                                                                        In general, Halakha follows the principle of lex talionis or “retributive justice”, or measure-for-measure retribution (middah k'neged middah) as best expressed in:
                                                                                                                                                        • Leviticus 24:19-20 HCSB  If any man inflicts a permanent injury on his neighbor, whatever he has done is to be done to him:  (20)  fracture for fracture, eye for eye, tooth for tooth. Whatever injury he inflicted on the person, the same is to be inflicted on him. (Also consider Exodus 21:22-25 and Deuteronomy 19:21)

                                                                                                                                                        To the modern ear this may seem barbaric but we must consider it within the context of the times. In most cultures, an injury was not considered merely for its specific effect on the quality of life of the victim, but was instead often a trigger for bloody feuds and vendettas. In many cases the punishment was far worse than the crime. Even to this day, in many countries ruled by Muslim law, a man could have his hand chopped off for stealing a shirt! A woman could be stoned to death for showing her face in public or speaking to a man who was not a family member!

                                                                                                                                                        Under Hammurabi’s code of law, the principle of exact reciprocity was spelled out but was limited to persons occupying the same social strata. If a slave injured an owner he could still be killed. A doctor who failed to cure someone might or might not be put to death depending on the patient’s social status.

                                                                                                                                                        Halakha dictated one law for all humans, regardless of their social status, their nationality, or gender.[1] It limited the damage inflicted for injury to merely injury.

                                                                                                                                                        Besides, it was not always literally followed, even in ancient times. The ability to pay compensatory fines was also a possibility as we will see in upcoming discussion of damages. For instance, consider how “eye for an eye” would apply if a blind man injured a seeing man’s eye. What would one do? The Torah demands that penalties be universally applicable so if it is not possible to apply in one case then the possibility of modification must be allowed in all cases. Therefore, we consider this biblical concept should allow for monetary compensation in tort cases.

                                                                                                                                                        In the coming pages I will use the abbreviation “LT” to indicate the principle of lex talionis is to be considered the dayan’s primary directive.

                                                                                                                                                        1. Infliction in kind.[2] Measure-for-measure retribution (middah k'neged middah). “Do to him as he would do to his brother”.[3] This is the flip side of “Do to others as you would have them do to you”.[4]
                                                                                                                                                          2.      Restitution[5]
                                                                                                                                                          3.      Compensation for damages[6]
                                                                                                                                                          4.      Damages
                                                                                                                                                                   a.    For maiming a person - LT[7] 
                                                                                                                                                                   b.    For stealing[8]
                                                                                                                                                        5.       If still in his possession at capture: he is to restore double what he stole.
                                                                                                                                                        6.      If the stolen goods are gone: he is to restore four to five times what he stole.
                                                                                                                                                                 a.    For arson – full restitution.[9]
                                                                                                                                                                 b.    For breach of trust.[10]
                                                                                                                                                         7.    Restoration of what he defrauded.
                                                                                                                                                         8.    Add one fifth of the value of what he defrauded to be paid to his victim.
                                                                                                                                                         9.    A restitution offering to the Lord.
                                                                                                                                                                a.    For killing an animal
                                                                                                                                                        10.    LT – a life for a life[11]
                                                                                                                                                        11.    To be clear it is animal for animal. A man’s life is taken if he has taken a human life.[12]
                                                                                                                                                        12.    If an animal kills an animal,[13]
                                                                                                                                                                  a.    The two owners sell the live animal and divide the proceeds.
                                                                                                                                                                  b.    They also divide up the dead animal between them.
                                                                                                                                                                  c..     Accidental loss of an animal: full compensation to the owner and the guilty keeps the dead animal.[14]
                                                                                                                                                                  d.    Loss of borrowed property[15]
                                                                                                                                                        13.    If the owner was not present: full restitution
                                                                                                                                                        14.    If the owner was present: no restitution
                                                                                                                                                        15.    If rented: the rental price covers the loss
                                                                                                                                                        16.    Public censure[16] 
                                                                                                                                                        17.    Flogging[17]
                                                                                                                                                        18.    Excommunication[18] also called the ban of herem. Also referred to as “cut off from the people”
                                                                                                                                                        19.    Imprisonment[19]
                                                                                                                                                        20.    Capital punishment – In these cases the modern Beit Din, after appropriate investigation, may turn the perpetrator over to the host government for appropriate discipline (see Dina d’malchuta dina; General Principles the Beit Din follows – Capital punishment; and The Role of the Host Government). Having said that, the following forms of capital punishment at the very least are suggestive of how seriously the contingent crimes should be considered!
                                                                                                                                                                 a.    By stoning[20]
                                                                                                                                                                 b.    By “firing squad”[21]
                                                                                                                                                                 c.    By fire[22]
                                                                                                                                                                 d.    By hanging[23]
                                                                                                                                                                 e.    By the sword[24]
                                                                                                                                                        21.   Respect for the dead, even for criminals:
                                                                                                                                                                a.    The body of one who is executed must be buried the same day.[25]  
                                                                                                                                                                 b.    Do not allow the body of one hanged to remain so overnight.[26] 
                                                                                                                                                         
                                                                                                                                                        [1] Leviticus 24:22
                                                                                                                                                        [2] Genesis 9:6; Leviticus 24:19-20; Deuteronomy 19:16-21
                                                                                                                                                        [3] Deuteronomy 19:19
                                                                                                                                                        [4] Leviticus 19:18, 34; Matthew 7:12; 22:39; Luke 6:31; 10:25-28
                                                                                                                                                        [5] Exodus 22:12, 14-15
                                                                                                                                                        [6] Exodus 21:19, 32, 36
                                                                                                                                                        [7] Leviticus 24:19-20
                                                                                                                                                        [8] Exodus 22:4-5
                                                                                                                                                        [9] Exodus 22:6
                                                                                                                                                        [10] Leviticus 6:1-5
                                                                                                                                                        [11] Leviticus 24:18
                                                                                                                                                        [12] Leviticus 24:21
                                                                                                                                                        [13] Exodus 21:35-36
                                                                                                                                                        [14] Exodus 21:33-34
                                                                                                                                                        [15] Exodus 22:14
                                                                                                                                                        [16] Titus 3:10; 2 John 10
                                                                                                                                                        [17] Deuteronomy 25:2-3
                                                                                                                                                        [18] Ezra 10:8; 1 Corinthians 5:13; 2 John 1:9-11
                                                                                                                                                        [19] Numbers 15:34; Ezra 7:26
                                                                                                                                                        [20] Exodus 19:13; 21:28-29; Leviticus 20:2, 27; 24:14, 23; Numbers 15:36; Deuteronomy 13:10; Joshua 7:25
                                                                                                                                                        [21] Exodus 19:13
                                                                                                                                                        [22] Leviticus 20:14; 21:9
                                                                                                                                                        [23] Deuteronomy 21:22-23; Joshua 8:29
                                                                                                                                                        [24] Exodus 32:27-28; 1 Kings 2:25, 34, 46
                                                                                                                                                        [25] Deuteronomy 21:23
                                                                                                                                                        [26] Deuteronomy 21:22-23

                                                                                                                                                        Methods of Protection

                                                                                                                                                        Picture
                                                                                                                                                        Careful and thorough inquiries, investigation, and interrogation[1]

                                                                                                                                                        Protection until trial can be held[2]

                                                                                                                                                        Cities of refuge[3]  – this may be maleh for us but it does suggest the possibility of house arrest, especially when taken together with the power to imprison (see Methods of Punishment).

                                                                                                                                                        A murderer cannot be charged on the basis of one witness; however, if found guilty, his life may not be ransomed.[4]

                                                                                                                                                        Negligent homicide may not be a capital crime but may be disciplined with limited freedoms for a given term.[5]       

                                                                                                                                                        [1] Deuteronomy 13:14; 17:14
                                                                                                                                                        [2] Numbers 35:12
                                                                                                                                                        [3] Numbers 35:6-15
                                                                                                                                                        [4] Numbers 35:30-31; Deuteronomy 17:6; 19:15; Matthew 18:16; Hebrews 10:28
                                                                                                                                                        [5] Joshua 10:1-6

                                                                                                                                                        Dina d'malchuta dina 
                                                                                                                                                        The role of the host nation's government

                                                                                                                                                        Picture
                                                                                                                                                        King Solomon, who was the secular government of his day and nation, built a Hall of Judgment with God’s approval.[1] From this we learn that though our primary source of justice should originate in the church’s court, the secular government also holds jurisdiction, should we transgress national laws.

                                                                                                                                                        We are to pay our taxes so that (among many other things) the secular justice system’s officers may be paid.[2]

                                                                                                                                                        We are to submit to the rulers and authorities and not only obey them (the bare minimum), but be ideal citizens.[3]

                                                                                                                                                        Keep in mind that Paul’s admonition to Titus to be submissive to rulers and authorities was written when wicked Nero was the Roman emperor. A nation gets the leadership it deserves! Many times a host nation may be under the disciplining hand of God and may suffer under the leadership of sinful men. Nevertheless, if they are the duly constituted, elected officers of the people they must be honored.[4]

                                                                                                                                                        Obviously, there are limitations. Paul and Peter both agree that the primary duty of the government is to maintain order and establish justice. This implies that everyone, including the ruler, is subject to the law. If a ruler seeks to circumvent the law or create new law that is to the detriment of the host nation or the Way of the Lord, then we may do everything in our power to fight injustice.[5]

                                                                                                                                                        Adonaic Christians keep in mind the principle of Ezrach’. The term ezrach’ is Hebrew for citizen. Adonaists believe that because of Hashem’s grace and mercy we can become His people; His family; citizens of a higher country. We believe that someone who takes the Messiah not only as Savior but as Sovereign King a Jew. This the way it always was. Those who chose to worship God were to be treated as native Jews. Those who refused to follow God were cut off from the People. So, we are “foreigners and temporary residents on earth”.[6] Our capitol and primary residency lies in the New Jerusalem which is in Heaven. Therefore, we consider the nation we live in (whatever nation that may be) to be our secondary residence. It is our “host nation”.

                                                                                                                                                        Having said that, our King, Yahweh Melek, demands that we show respect for our host nation’s laws and government. We are to obey them, honor them,[7] pray for them, pay our taxes, and serve in the military[8] if required.

                                                                                                                                                        This principle is summed up in the Hebrew phrase “dina d’malchuta dina”which literally means “the law of the land is law.” This phrase is a guide to elders as they try to apply Scripture to day to day ethical, spiritual, and legal conundrums.

                                                                                                                                                        For instance, Sinaitic law states that witches should be killed. However, we are told to “render to Caesar what is due Caesar”[9] and to “submit to governing authorities”[10] and to be submissive to rulers and authorities.[11]

                                                                                                                                                        In this society in which we temporarily reside, it is against the law to stone witches. Therefore, dina d’malchuta dina applies. The law of the land in which we live supersedes halakha as long as it does not ask us to deny God. In some cases in this book I will include the penalty that halakha requires for a given crime in spite of the fact that our country will not allow such a penalty. I do so in order to clarify the severity with which Yahweh regards such a crime.

                                                                                                                                                        [1] 1 Kings 7:7
                                                                                                                                                        [2] Matthew 17:24-27; 22:17-21; Mark 12:14-17; Luke 20:21-25
                                                                                                                                                        [3] Titus 3:1; Colossians 3:22-25
                                                                                                                                                        [4] Romans 13:1-7; 1 Peter 2:13-17
                                                                                                                                                        [5] Isaiah 1:23-26; 5:20; Romans 6:13
                                                                                                                                                        [6] Hebrews 11:13
                                                                                                                                                        [7] 1 Peter 2:17
                                                                                                                                                        [8] Luke 3:14
                                                                                                                                                        [9] Matthew 22:21
                                                                                                                                                        [10] Romans 13:1
                                                                                                                                                        [11] Titus 3:1