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carefully and it collapsed, killing a minor child of the dweller, the
child of the builder is to be put to death. Biblical law does not allow
the law to execute children for their parents’ offenses, or parents for
a child’s offenses (Deut. 24:16). That right is reserved to God, who
punishes till the third or fourth generation (Exod. 20:5). Ultimately,
by the time of Jeremiah and Ezekiel, even God was not given the
right to intergenerational punishment.8.2.5 A householder who kills a burglar in the act of tunneling does
not incur bloodguilt. If the sun has risen (the next day, and possibly
theft in daylight), it is murder (Exod. 22:2, see 8.5.6 below). Jeremiah
refers to this rule: “on your garments is found the lifeblood of the
innocent poor; you did not catch them breaking in” ( Jer. 2:34).8.2.6 When a murder occurs, it is the duty of the blood avenger
to pursue the murderer. The blood avenger is a near kinsman (Num.
35:19; Deut. 19:12). If he does not act, it may be that others could
do so to rid the land of murder (2 Sam. 4:11–12). The avenger can
kill him on sight (Deut. 19:6).8.2.7 If a man beat his slave so hard that he died, the slave’s death
is avenged (naqom yinnaqem). The law does not specify who will be
delegated to do it (Exod. 21:20). The law may refer to a non-Hebrew
slave, who has no blood avenger. It may also refer to a Hebrew
slave: since the blood avenger has not redeemed the slave (also a
duty of the near kinsman), he might also not avenge him, and there-
fore the law specifies that someone will do it.8.2.8 An intentional murderer can find no sanctuary: he must be
taken from the altar to be executed (Exod. 21:14). Both Adonijah
and Joab fled to hold the horns of the altar once they realized that
Solomon was king. Adonijah was removed and promised safety for
good behavior. Joab refused to come out, but Solomon had Benayahu
take him from the sanctuary and kill him, declaring “let their (Abner
and Amasa’s) blood come back to Joab” (1 Kings 2:28–35). Jeremiah
nevertheless indicts the temple for providing sanctuary to the guilty:
“Will you steal, murder, commit adultery, swear falsely, sacrifice to
Baal and follow other gods and then come and stand before me in
this house and say ‘we are saved?’ ” ( Jer. 7:9–10).westbrook_f27-975-1046 8/27/03 1:36 PM Page 1031