top of page

Jesus Fails to Uphold The Law of Moses

 

John 8:1-11

 

but Jesus went to the Mount of Olives.

 

At dawn he appeared again in the temple courts, where all the people gathered around him, and he sat down to teach them.  The teachers of the law and the Pharisees brought in a woman caught in adultery. They made her stand before the group and said to Jesus, “Teacher, this woman was caught in the act of adultery.  In the Law Moses commanded us to stone such women. Now what do you say?”  They were using this question as a trap, in order to have a basis for accusing him.

 

But Jesus bent down and started to write on the ground with his finger.  When they kept on questioning him, he straightened up and said to them, “Let any one of you who is without sin be the first to throw a stone at her.” Again he stooped down and wrote on the ground.

 

At this, those who heard began to go away one at a time, the older ones first, until only Jesus was left, with the woman still standing there.  Jesus straightened up and asked her, “Woman, where are they? Has no one condemned you?”

 

“No one, sir,” she said.

 

“Then neither do I condemn you,” Jesus declared. “Go now and leave your life of sin.”

 

********** 

 

This passage actually begins with John 7:53, where it says, “Then they all went home.”  Now, John 7:53 to 8:11 is missing in some manuscripts, and some scholars believe it was added later.  However, the majority of the evidence shows that this passage belongs in the gospel and is an original part of the gospel of John. 

 

First, the internal evidence shows that this passage belongs.  Verse 12 starts off by literally saying, “Again therefore Jesus spoke them.”  Now, whenever you see the word therefore, you need to see what it is there for.  Without John 7:53 to John 8:11, there is no reason for the “Therefore” and there is no reason for Jesus to be speaking “Again” to them.  John 7:52 ends with the Pharisees speaking to each other, not with Jesus speaking.  Therefore, John 8:12 only makes sense if John 7:53 to 8:11 is in place.

 

With this passage in place, Jesus is teaching in verse 2, then he is interrupted by the Pharisees in verse 3.  Verse 12 makes sense to say, “Again therefore Jesus spoke to them.”

 

Secondly, writings during the Patristic period do refer to this story: Papias (Eusebius, HE 3.29.17), Apostolic Constitution (2.24), and Didymus the Blind, Ambrose (397), Ambrosiaster (350) and Augustine (430) refer to the pericope, or story-unit, in their sermons and commentaries. Jerome found the text in early Greek codices and thus translated the story into the Latin Vulgate (fourth century).  Also, during the fourth century, the woman caught in adultery story was accepted into the Sunday lectionary of the Greek East.

 

Thirdly, this story appears in some early copies of the gospel of Luke, after Luke 21:38. 

 

Fourth, another evidence of the presence of the ‘pericope de adultera’ in early Greek manuscripts of John is the citation of it in the Didache (Teaching) of the Apostles and in the Apostolic Constitutions, which has 1st century roots.

 

    “. . . to do as He also did with her that had sinned, whom the elders set before Him, and leaving the judgment in His hands departed. But He, the Searcher of Hearts, asked her and said to her, ‘Have the elders condemned thee, my daughter?” She saith to Him, ‘Nay, Lord.’ And He said unto her, ‘Go thy way: Neither do I condemn thee.’

 

Therefore, the earliest manuscripts that were available to the church fathers had this passage, yet the earliest passages that are available to us now do not have this passage.  The evidence leans to the conclusion that it was taken out for a while.  So, we need to deal with reasons that some scribes may have taken this passage out.

 

According to Augustine (c. 400), it was this moralistic objection to the ‘pericope de adultera’ which was responsible for its omission in some of the New Testament manuscripts known to him. “Certain persons of little faith,” he wrote, “or rather enemies of the true faith, fearing, I suppose, lest their wives should be given impunity in sinning, removed from their manuscripts the Lord’s act of forgiveness toward the adulteress, as if He who had said ‘sin no more’ had granted permission to sin.”  Also, in the 10th century a Greek named Nikon accused the Arians of “casting out the account which teaches us how the adulteress was taken to Jesus . . . saying that it was harmful for most persons to listen to such things.”

 

So, it was probably the Armenians that took the story out of some manuscripts.  The Armenians did not believe that Jesus was God. 

 

The Arians were much like the Ebionite heretics and pre-disposed to enforcing the Mosaic laws with the Mosaic penalties.  The Arians referred to this story as part of a non-canonical book, and never mentioned it as a part of the gospel of John.  It is surely more reasonable to believe that this story was deleted from John’s Gospel by over-zealous disciplinarians than to suppose that a narrative so contrary to the ascetic outlook of the early Christian Church was added to John’s Gospel from some extra-canonical source. There would be a strong motive for deleting it but no motive at all for adding it, and the prejudice against it would make its insertion into the Gospel text very difficult.

 

Which now brings us to the question, “Why didn’t Jesus enforce the penalty of stoning for adultery?”

 

After all, Jesus said in Matthew 5: 17, “Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them.” 

 

Was stoning the only penalty for adultery in the Old Testament?

 

          According to Numbers 5:21, a curse of childlessness could be the punishment for adultery.

 

          According to Jeremiah 3:8, a divorce was a penalty for adultery.

 

Did God’s law change from Leviticus 20:10, where death was the penalty for adultery and Numbers 5:21 where childlessness was the penalty for adultery?

 

Obviously, God’s Law is not about the punishments.  God gave the 10 commandments in Exodus 20 without penalties.  God does not need people to enforce his law.  We will all be responsible to God for keeping his law.  

 

So, what are the punishments for?  Why did God give human punishments in Leviticus and Numbers?

 

Punishments are for maintaining a sane society. 

 

There are those that believe that we should re-establish the punishments in Leviticus.  This is called Theonomy.  Theonomy is wrong.  

 

The punishments in Leviticus were much like laws that were already in the nations at the time of Moses. 

 

For instance, the Law of Hamurabi had this law: “If anyone bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.”  This is the same as Deuteronomy 19:19 “do to the false witness as that witness intended to do to the other party.”  Also, according to the Law of Hamurabi, “If anyone take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death. And according to Exodus 21:16 “Anyone who kidnaps someone is to be put to death, whether the victim has been sold or is still in the kidnapper’s possession.” 

 

So, the punishments in the Old Testament were similar to societies at that time. 

 

The people of Israel were a band of wanderers when the Mosaic Law was given.  They could not have prisons to use as a punishment.  The tendency in a transient society would be to punish crimes with a more serious and one time punishment.  Prisons are never mentioned as a form of punishment in the Pentateuch.  But prisons are an accepted form of punishment later on in the Old Testament.  Isaiah 61:1 says, "the opening of the prison to those who are bound." This just cannot be used as an expression of freedom where the use of prisons is not extensive. Prison is expressly mentioned as a punishment for judgement of Gods laws in Ezra 7:26 "Whoever will not obey the law of your God and the law of the king, let judgment be strictly executed on him, whether for death or for banishment or for confiscation of his goods or for imprisonment.”  

 

The Pentateuch goes beyond the letter of the Law that it instituted.  Principles were to be learned.

 

Exodus 33:13 – “If you are pleased with me, teach me your ways so I may know you and continue to find favor with you. Remember that this nation is your people.”

 

Deuteronomy 33:10 – “He teaches your precepts to Jacob and your law to Israel.”

 

Having the law in and of itself was not enough. 

 

Malachi 2:9 - “So I have caused you to be despised and humiliated before all the people, because you have not followed my ways but have shown partiality in matters of the law.”

 

Now, the 10 Commandments were given in Exodus 20.  The covenant was made later in Exodus 24, when Moses wrote the Book of Law, the Book of the Covenant. 

 

“Moses took half of the blood and put it in bowls, and the other half he splashed against the altar. 7 Then he took the Book of the Covenant and read it to the people. They responded, “We will do everything the Lord has said; we will obey.”  Moses then took the blood, sprinkled it on the people and said, “This is the blood of the covenant that the Lord has made with you in accordance with all these words.”

 

So, Mosaic Law was part of the Old Covenant.

 

God also intended a continuing revelation as evidenced with the way the ark was built and the High Priest was to ask for guidance.

 

Exodus 25:21, 22 – “Place the cover on top of the ark and put in the ark the tablets of the covenant law that I will give you.  There, above the cover between the two cherubim that are over the Ark of the Covenant law, I will meet with you and give you all my commands for the Israelites.”

 

Judges 20:27 – “And the Israelites inquired of the Lord. (In those days the ark of the covenant of God was there,”

 

God predicts in Deuteronomy 31 that the covenant would be broken and that the people of Israel would break the Mosaic Law and the covenant.

 

Deuteronomy 31:16 “And the Lord said to Moses: “You are going to rest with your ancestors, and these people will soon prostitute themselves to the foreign gods of the land they are entering. They will forsake me and break the covenant I made with them.”

 

Deuteronomy 31:20 “When I have brought them into the land flowing with milk and honey, the land I promised on oath to their ancestors, and when they eat their fill and thrive, they will turn to other gods and worship them, rejecting me and breaking my covenant.”

 

Now, remember, the Mosaic Law is part of the Covenant.  The Law of Moses was put into effect with the Covenant.  When the covenant was broken, then the Law of Moses is no longer in effect. 

 

Jeremiah prophesied that God reinstates law differently after the restoration.

 

Jeremah 31:

 

“31 The days are coming,” declares the Lord,

    “when I will make a new covenant

with the people of Israel

    and with the people of Judah.

32 It will not be like the covenant

    I made with their ancestors

when I took them by the hand

    to lead them out of Egypt,

because they broke my covenant,

    though I was a husband to them,”

declares the Lord.

33 “This is the covenant I will make with the people of Israel

    after that time,” declares the Lord.

“I will put my law in their minds

    and write it on their hearts.

I will be their God,

    and they will be my people.

34 No longer will they teach their neighbor,

    or say to one another, ‘Know the Lord,’

because they will all know me,

    from the least of them to the greatest,”

declares the Lord.

“For I will forgive their wickedness

    and will remember their sins no more.”

 

There would be no need to promise a New Covenant if the Old Covenant was still in effect. 

 

Jesus instituted the New Covenant in Matthew 26:28, where he said,

“This is my blood of the covenant, which is poured out for many for the forgiveness of sins.”

 

And in Luke 22:20, where he said, “In the same way, after the supper he took the cup, saying, “This cup is the new covenant in my blood, which is poured out for you.”

 

The Old Covenant abolished & New covenant in effect was confirmed in Acts 15:22-29, "Then the apostles and elders, with the whole church, decided to choose some of their own men and send them to Antioch with Paul and Barnabas. They chose Judas (called Barsabbas) and Silas, men who were leaders among the believers.  With them they sent the following letter:”

 

“The apostles and elders, your brothers,

 

To the Gentile believers in Antioch, Syria and Cilicia:”

 

“Greetings.

 

 “We have heard that some went out from us without our authorization and disturbed you, troubling your minds by what they said.  So we all agreed to choose some men and send them to you with our dear friends Barnabas and Paul - men who have risked their lives for the name of our Lord Jesus Christ.  Therefore we are sending Judas and Silas to confirm by word of mouth what we are writing.  It seemed good to the Holy Spirit and to us not to burden you with anything beyond the following requirements:  You are to abstain from food sacrificed to idols, from blood, from the meat of strangled animals and from sexual immorality. You will do well to avoid these things.”

 

Farewell."

 

The Mosaic Law was imperfect because it could not provide righteousness. It was not complete.

 

Galatians 2:20-21 New International Version (NIV) - 20 "I have been crucified with Christ and I no longer live, but Christ lives in me. The life I now live in the body, I live by faith in the Son of God, who loved me and gave himself for me. 21 I do not set aside the grace of God, for if righteousness could be gained through the law, Christ died for nothing!”

 

The Mosaic Law was imperfect because it was not obeyed:

 

Acts 7:52 "Was there ever a prophet your ancestors did not persecute? They even killed those who predicted the coming of the Righteous One. And now you have betrayed and murdered him— 53 you who have received the law that was given through angels but have not obeyed it.”

 

The Mosaic Law does not set us free from sin:

 

Acts 13:38 “Therefore, my friends, I want you to know that through Jesus the forgiveness of sins is proclaimed to you. 39 Through him everyone who believes is set free from every sin, a justification you were not able to obtain under the Law of Moses."

 

Now, the New Testament Teaches Separation of Church and State

 

Mark 12:17 Jesus said to them, “Render to Caesar the things that are Caesar's, and to God the things that are God's.” And they marveled at him.

 

Romans 13:1-7 "Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, for he is God's servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God's wrath on the wrongdoer. Therefore one must be in subjection, not only to avoid God's wrath but also for the sake of conscience. ...

 

John 18:36 Jesus answered, “My kingdom is not of this world. If my kingdom were of this world, my servants would have been fighting, that I might not be delivered over to the Jews. But my kingdom is not from the world.”

 

1 Peter 2:13-17 Be subject for the Lord's sake to every human institution, whether it be to the emperor as supreme, or to governors as sent by him to punish those who do evil and to praise those who do good. For this is the will of God, that by doing good you should put to silence the ignorance of foolish people. Live as people who are free, not using your freedom as a cover-up for evil, but living as servants of God. Honor everyone. Love the brotherhood. Fear God. Honor the emperor.

 

You cannot implement religious or Mosaic Law under separation of Church and State.

 

The New Testament Epistles also confirm that in Jesus Christ, the Old Covenant is removed.

 

2 Corinthians 3:14 "But their minds were made dull, for to this day the same veil remains when the old covenant is read. It has not been removed, because only in Christ is it taken away."

 

Hebrews 8:6 "But in fact the ministry Jesus has received is as superior to theirs as the covenant of which he is mediator is superior to the old one, since the new covenant is established on better promises."

 

So, the New Testament teaches that the Old covenant has been taken away in Christ and that Jesus is the mediator of a New Covenant which is superior and better than the old one. Now more about the New Covenant:

 

2 Corinthians 3:6 "He has made us competent as ministers of a new covenant—not of the letter but of the Spirit; for the letter kills, but the Spirit gives life."

 

2 Corinthians 3:7 "Now if the ministry that brought death, which was engraved in letters on stone, came with glory, so that the Israelites could not look steadily at the face of Moses because of its glory, transitory though it was, 8 will not the ministry of the Spirit be even more glorious? 9 If the ministry that brought condemnation was glorious, how much more glorious is the ministry that brings righteousness! 10 For what was glorious has no glory now in comparison with the surpassing glory. 11 And if what was transitory came with glory, how much greater is the glory of that which lasts!"

 

Hebrews 8:1 "Now the main point of what we are saying is this: We do have such a high priest, who sat down at the right hand of the throne of the Majesty in heaven, 2 and who serves in the sanctuary, the true tabernacle set up by the Lord, not by a mere human being.

 

3 Every high priest is appointed to offer both gifts and sacrifices, and so it was necessary for this one also to have something to offer. 4 If he were on earth, he would not be a priest, for there are already priests who offer the gifts prescribed by the law. 5 They serve at a sanctuary that is a copy and shadow of what is in heaven. This is why Moses was warned when he was about to build the tabernacle: “See to it that you make everything according to the pattern shown you on the mountain.” 6 But in fact the ministry Jesus has received is as superior to theirs as the covenant of which he is mediator is superior to the old one, since the new covenant is established on better promises.

 

7 For if there had been nothing wrong with that first covenant, no place would have been sought for another. 8 But God found fault with the people and said:

 

“The days are coming, declares the Lord,

    when I will make a new covenant

with the people of Israel

    and with the people of Judah.

9 It will not be like the covenant

    I made with their ancestors

when I took them by the hand

    to lead them out of Egypt,

because they did not remain faithful to my covenant,

    and I turned away from them,

declares the Lord.

10 This is the covenant I will establish with the people of Israel

    after that time, declares the Lord.

I will put my laws in their minds

    and write them on their hearts.

I will be their God,

    and they will be my people.

11 No longer will they teach their neighbor,

    or say to one another, ‘Know the Lord,’

because they will all know me,

    from the least of them to the greatest.

12 For I will forgive their wickedness

    and will remember their sins no more.”

13 By calling this covenant “new,” he has made the first one obsolete; and what is obsolete and outdated will soon disappear."

 

Hebrews 9:15 "For this reason Christ is the mediator of a new covenant, that those who are called may receive the promised eternal inheritance—now that he has died as a ransom to set them free from the sins committed under the first covenant."

 

Hebrews 12:24 "to Jesus the mediator of a new covenant, and to the sprinkled blood that speaks a better word than the blood of Abel."

 

So, we find the following things about the New Covenant:

 

1) It was established by Jesus at the Last Supper.

2) Christians are ministers of the New Covenant, "not of the letter, but of the Spirit."

3) The Old Covenant brought condemnation, but the New Covenant brings righteousness.

4) There was something wrong with the Old Covenant, which is why a new one had to be established.

5) The Old Covenant is obsolete, outdated and will soon disappear.

 

Therefore, according to the New Testament, the Old Covenant, which contained the Mosaic Law, was not perfect. There was something wrong with it and a new Covenant had to be established. Jesus established the New Covenant based on his sacrifice on the cross. Christians do not minister a Covenant of the letter, but one of the Spirit. 

 

Now back to the story about the woman caught in adultery. 

 

Why didn’t Jesus enforce the punishment of stoning?

 

  1. It wasn’t his purpose to re-establish the Old Covenant.The Old Covenant was over.Jesus came to establish the New Covenant.

  2. Even the Law of Moses did not absolutely require the punishment of stoning.

  3. Jesus did not come to condemn, but to save.John 3:16-17, “For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life.For God did not send his Son into the world to condemn the world, but to save the world through him.”

  4. Notice that Jesus said, “Let any one of you who is without sin be the first to throw a stone at her.”At this they all left!Perhaps if the Law of Moses were strictly enforced, everyone would be dead!

  5. Jesus’ purpose with the New Covenant is to write his law on the hearts of people.By forgiving this woman, and rescuing her from death, then saying, “Go and sin no more” Jesus gave her a reason in her heart to obey God’s Law.And that is what he has done for us all.

bottom of page