Legal Rights in the Old Testament

by Kastin Carroll
House to House, Vol. 28, No. 12

"For this is your wisdom and your understanding in the sight of the peoples who will hear all these statutes, and say, 'Surely this great nation is a wise and understanding people'" (Deuteronomy 4:6).

Presumption of Innocence

Everyone was presumed innocent until proven guilty, and the burden of proof rested with the accuser. When only one person's word stood against another's, the accused was acquitted by default

Numbers 35:30; Deuteronomy 17:6; 19:15

Fair Trial

Anyone could bring a case before a judge at any time, and everyone was judged by the same law. Both sides had to be heard simultaneously, and perjury was severely punished.

Exodus 18:13-26; 22:9; Leviticus 24:22; Deuteronomy 1:16-17; 16:18-20; 19:16-21

Sufficient Evidence

Claims had to be backed by tangible evidence and the testimony of multiple witnesses. If these could not be found, the case was settled by an oath, and no one was punished.

Exodus 22:10-13; Numbers 5:11-28; 35:30; Deuteronomy 19:15; 22:13-19

Limited Punishment

Criminals were protected from excessive punishments by the limits of "eye for eye" equivalence, concrete sentence maximums, and the requirement that judges supervise the punishments they ordered.

Exodus 21:22-25; Leviticus 24:19-22; Deuteronomy 25:1-3

Legal Autonomy

No one could be punished for another person's crime. No social or economic status could revoke autonomy, so cases between husbands and wives, parents and children, and masters and slaves all had to be brought before civil authorities.

Exodus 21:5-6, 26-27; Leviticus 24:19-21; Numbers 5:14-15; Deuteronomy 1:16; 21:18-21; 22:13-19, 23-27; 24:16