Incarceration in Ancient Israel

Were there prisons in ancient Israel? Some scholars deny that the practice of incarceration ever occurred in the Hebrew scriptures.

 While it is true that the various Mosaic law codes - the Ten Commandments, the Book of the Covenant, the Holiness Code, and the various collected laws of the priestly code - have little or nothing to say about long-term incarceration as a punishment for crime, there are scriptural precedents for the judicial practice of imprisonment.

It is interesting to note the progression of the judicial practice of imprisonment from the pre-history of national Israel through the monarchial period down to the post-exilic period.

Detainment until Execution of Judgment

11 The Israelite woman's son blasphemed the Name in a curse. And they brought him to Moses-now his mother's name was Shelomith, daughter of Dibri, of the tribe of Dan- 12 and they put him in custody, until the decision of the Lord should be made clear to them.
Lev. 24:11-12 32

32 When the Israelites were in the wilderness, they found a man gathering sticks on the sabbath day. 33 Those who found him gathering sticks brought him to Moses, Aaron, and to the whole congregation. 34 They put him in custody, because it was not clear what should be done to him.
Num. 15:32-34

In both of these cases, incarceration seems to be short-term until a decision on judgment is reached.

Incarceration as a King's Prerogative

26 The king of Israel then ordered, "Take Micaiah, and return him to Amon the governor of the city and to Joash the king's son, 27 and say, 'Thus says the king: Put this fellow in prison, and feed him on reduced rations of bread and water until I come in peace.'"
I Kings 22:26-27

10 Then Asa was angry with the seer, and put him in the stocks, in prison, for he was in a rage with him because of this. And Asa inflicted cruelties on some of the people at the same time.
II Chron. 16:10

15 The officials were enraged at Jeremiah, and they beat him and imprisoned him in the house of the secretary Jonathan, for it had been made a prison. 16 Thus Jeremiah was put in the cistern house, in the cells, and remained there many days.
Jer. 37:15-16

4 Then the officials said to the king, "This man ought to be put to death, because he is discouraging the soldiers who are left in this city, and all the people, by speaking such words to them. For this man is not seeking the welfare of this people, but their harm." 5 King Zedekiah said, "Here he is; he is in your hands; for the king is powerless against you." 6 So they took Jeremiah and threw him into the cistern of Malchiah, the king's son, which was in the court of the guard, letting Jeremiah down by ropes. Now there was no water in the cistern, but only mud, and Jeremiah sank in the mud.
Jer. 38:4-6

In the period of the monarchy - the united and divided kingdoms (1050-586 BCE) - the power to imprison seems to fall to the monarchs as the chief judicial agent in the nation.

Incarceration as Power of the Courts

25 "And you, Ezra, according to the God-given wisdom you possess, appoint magistrates and judges who may judge all the people in the province Beyond the River who know the laws of your God; and you shall teach those who do not know them. 26 All who will not obey the law of your God and the law of the king, let judgment be strictly executed on them, whether for death or for banishment or for confiscation of their goods or for imprisonment."
Ezra 7:25-26

In the aftermath of the exile and return, the administration of justice seems to fall to an independent judiciary that had the power to (1) impose the death penalty, (2) banish from the nation, (3) confiscate property, and/or (4) imprison the perpetrator.

See the article on "Imprisonment" at the Jewish Virtual Library for a more detailed study of this issue.

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 It is perhaps best to understand the progression of Hebrew notions of punishment and imprisonment against the backdrop of the rise of Israel as a nation state with the attendant rationalization and bureaucratization of laws and institutions that necessarily followed this advance. The more primitive policies reflect tribal organizations - extended families led by a patriarch - only loosely tied together in a confederation by common devotion to YHWH. Only with the rise and maturing of the centralized state was full police power granted to governmental institutions.

 As a parting thought, a few questions remain. Even though imprisonment appears to be part of the judicial process of ancient Israel, did this practice ever reach the proportion and extremes of modern long-term prison penalties? Were the motives for incarceration the same as the modern motives of deterrence and rehabilitation?

REFLECTIONS ON ASCENSION DAY

May 21st this year will be Ascension Day in the Christian calendar, when Christians throughout the world celebrate and remember the ascension of Christ and his promise to come again. One of the great Old Testament poems about ascension is Psalm 68. This Psalm as a whole celebrates the bringing of the ark to Jerusalem in the time of David and the eventual construction of Solomon's temple. In particular, it heralds the journey of the ark after its construction at Mt. Sinai though the wilderness sojourn (68:7-10). The psalm may well have been composed in honor of the procession of the Ark of the Covenant from the house of Obed-Edom to the City of David (1 Chr. 13, 15 and 16). It opens with the echo of the desert shout when the ark led the way for Israel (Ps. 68:1; Nu. 10:35). It climaxes with the ascent of the mountain in Judah that God chose as his permanent resting place (Ps. 68:16). Thus, when God "ascended on high," that is, when his throne on the ark was taken to Jerusalem and established in honor, he led in his train the captives of his victory over the Canaanites, sharing the bounty of victory with the community of Israel (cf. 1 Sa. 30:16-31; 2 Sa. 6:17-19). The ark was a sort of movable Mt. Sinai, containing the 10 commandments which were given on Sinai, and in the trek from the wilderness to the land of Canaan and the eventual establishment of the sanctuary on Mt. Zion in Jerusalem, the ark finally was established in its proper resting place in Solomon's temple, which is why in 68:17 it says, "Sinai is now in the sanctuary." This procession of Yahweh enthroned upon the ark and now brought into the Most Holy Place of the temple is then described by the metaphor of an ancient "triumph," when a conquering king leads the victory procession through the capital. In his train are the captives of his enemies who have been subdued and now offer him gifts (68:18). These captive enemies include those rebels who have fought against him. Those who give gifts to the conquering king include not only those nearby kings who were his allies, but also the rebels who fought against him. The final line in 68:18, "...Yahweh God there to dwell," simply affirms that in his victory, God has established his dwelling place in the Holiest of Holies in Solomon's temple on Mt. Zion, which later is accentuated by 68:24. The idea of outsiders showering gifts upon the conquering king is again reiterated in 68:29 and 68:31.

In the New Testament, St. Paul sees something in this passage beyond the ancient entry of the ark into Solomon's temple and views it as anticipating the victory of Christ (Eph. 4), where he shares the gifts he receives from his tributaries with the church. For Paul, this event in the history of Israel was typological of a far greater ascension, the ascension of the resurrected Son of God into the heavens, in which he destroyed the spiritual enemies of his people (cf. Ep. 1:19b-21). Paul consistently saw events within the history of Israel as earthly fore-shadowings or analogies of spiritual realities in the church (cf. Ro. 4:3, 22-25; 9:24-29; 1 Co. 10:1-11; 2 Co. 3:7-18; Ga. 4:21-31). His treatment of Psalm 68 is typical of such exegesis. Paul shows that in Christ's resurrection and ascension, he not only was victorious over the opposing spiritual entities in the heavenlies (cf. 1:20-21; 3:10; 6:12), but he also shared the bounty of his victory with the members of his church. This bounty consisted of his grace-gifts to the church. Hence, the fuller meaning of the "ascension" in Psalm 68:18 refers, not merely to the bringing of the ark to Jerusalem, but to the enthronement of the risen Christ in the heavenlies (4:9a).