Prison; Prisoner:
priz'-n, priz'-'-n-er, priz'-ner (there are various Hebrew words which are rendered "prison" in the King James Version, among them:
1. Hebrew Words:
(1) cohar, "round house," "fortress" (8 times in Genesis), (2) kele' "restraint," "confinement" (12 times: in historic books, Isaiah, Jeremiah, with "house"), (3) maTTarah, "guard," "sentry" (13 times in Jeremiah and Nehemiah), (4) mahaphekheth, "distorting," i.e. stocks or pillory (4 times), (5) ?ecur, "bond," "fetters" (Ec 4:14; Jer 37:15); "ward" in the King James Version is usually the rendering for mishmar):
2. In Early Times:
The earliest occurrence of the word "prison" in the King James Version is found in the narrative of Joseph's life in Egypt (the Jahwist). The term used, namely, cohar, means perhaps "round house" or "tower." It seems probable that among the Hebrews there were no special buildings erected as "jails" in the premonarchical period, and perhaps not before the post-exilic period, when the adoption of the civic institutions and customs of surrounding nations prevailed. In Egypt and Assyria, on the contrary, there were probably public buildings corresponding to our modern jails. Among the Hebrews, rooms in connection with the royal palace or the residence of prominent court officials would be used for the purpose.
3. Joseph in Egypt:
According to one narrative (Jahwist) in Genesis the prison in which Joseph was confined had a "keeper," while according to another narrative (the Elohist) the offending members of the royal household, namely, the royal butler and the royal baker, were placed "in ward" with the "captain of the guard" in charge, i.e. in some part of the royal palace. This is still more probable if, instead of "captain of the guard," we should translate "chief of the cooks" i.e. superintendent of the royal kitchen.
4. Causes of Imprisonment:
It was often necessary to restrict the liberty of individuals who for various causes were a menace to those in authority, without inflicting any corporal punishment, e.g. Joseph's brethren were kept "in ward" three days (Ge 42:19); Shimei was forbidden to pass beyond the boundary of Jerusalem (1Ki 2:36); the person who was caught gathering sticks on the Sabbath was put "in ward" pending his trial (Nu 15:34). In the monarchical period, prophets who criticized the throne were put in prison, e.g. Micaiah by Ahab (1Ki 22:27), Hanani by Asa (2Ch 16:10). Hoshea, after his abortive effort to institute an alliance with So or Seve, king of Egypt, was shut up in prison by Shalmaneser (2Ki 17:4); compare also 2Ki 25:27 (Jehoiachin in Babylon); Jer 52:11 (Zedekiah in Babylon).
5. Under the Monarchy:
The Book of Jeremiah throws considerable light on the prison system of Jerusalem in the later monarchical period. The prophet was put "in the stocks that were in the upper gate of Benjamin, which was in the house of Yahweh" (20:2). Mere imprisonment was not adequate punishment for the prophet's announcement of Judah's doom; it was necessary to have recourse to the pillory. During the siege of Jerusalem Jeremiah was confined in the "court of the guard, which was in the king of Judah's house" (32:2, etc.). The "court of the guard" was evidently the quarters of the sentry who guarded the royal palace. According to the narrative of Jeremiah 37, the prophet was arrested on a charge of treachery and put in prison "in the house of Jonathan the scribe" (37:15). This verse does not necessarily mean that a private house was used as a prison. The words are capable of another interpretation, namely, that a building known as the "house of Jonathan the scribe" had been taken over by the authorities and converted into a jail. We read in the following verse that the house had a "dungeon" (literally, "house of the pit") and "cabins" or "cells."
6. The Treatment of Prisoners:
The data are not sufficient to enable us to give any detailed description of the treatment of prisoners. This treatment varied according to the character of the offense which led to incarceration. Samson during the period of his imprisonment was compelled to do hard labor (Jud 16:21). Grinding was the occupation of women, and marked the depth of Samson's humiliation. Dangerous persons were subjected to various kinds of physical mutilation, e.g. Samson was deprived of his sight. This was a common practice in Assyria (2Ki 25:7). The thumbs and great toes of Adonibezek were cut off to render him incapable of further resistance (Jud 1:6).
Various forms of torture were in vogue. Hanani the seer was put into the pillory by Asa (for "in a prison house" we should render "in the stocks"; see the Revised Version margin). In Jer 29:26 for "prison," we should render "stocks" (so the Revised Version (British and American)) or "pillory," and for "stocks," "collar" (as in the Revised Version margin). the King James Version renders a different Hebrew word by "stocks" in Job (13:27; 33:11). There was a special prison diet (1Ki 22:27), as well as a prison garb (2Ki 25:29).
7. Other Hebrew Words:
There are other Hebrew words rendered "prison" (sometimes incorrectly) in the King James Version. In Ps 142:7, the word which is translated "prison" means a "place of execution," and is derived from a root which denotes, for instance, the isolation of the leper (Le 13:5; compare $Isa 24:22; 42:7). In Isa 53:8 "oppression" not "prison" is the correct translation while in Isa 61:1 the Hebrew denotes "opening of the eyes," rather than "opening of the prison." Prisoners are promised "light after darkness, gleam after gloom."
8. In the New Testament:
In the New Testament "prison" generally occurs for the Greek word phulake, which corresponds to the Hebrew word mishmar, referred to above (Mt 5:25; Mr 6:17; Lu 3:20; Ac 5:19; 1Pe 3:19). In Re 18:2, the King James Version renders this word by two different words, namely, "hold" and "cage"; the Revised Version (British and American) employs "hold" in each case (the Revised Version margin "prison"). In one passage "ward" is the rendering in the King James Version (Ac 12:10). In connection with the imprisonment of John the term used is desmoterion, "place of bonds" or "fetters" (Mt 11:2); the same word is used in the case of Peter and John (Ac 5:21,23), and of Paul and Silas (Ac 16:26). But the more common term is also found in these narratives. In Ac 12:17 "prison" renders a Greek word which means "dwelling." In Ac 5:18 the King James Version, "prison" is the rendering for another Greek word, namely, teresis, "watching" or "ward" (the Revised Version (British and American) "ward"). In Ac 4:3, the King James Version employs "hold" as the rendering for the same word. This would correspond to the modern "police station" or "lockup."
Written by Thomas Lewis
Punishments:
pun'-ish-ments ('awon, "fault," "iniquity," "punishment for iniquity," "sin" (Ge 4:13; Le 26:41; Job 19:29; Ps 149:7; La 4:22; Eze 14:10 margin; Am 1:3,6,9,11,13; 2:1,4,6), ?onesh, "tribute," "fine," "punishment" (La 3:39), chaTa'ah, or chaTTa'th, "sin" and its retribution, "penalty," "expiation" (Zec 14:19); kolasis, "punishment," "torment" (Mt 25:46), epitimia, "poll tax," hence, "penalty" (2Co 2:6), timoria, "vindication," hence, "penalty" (Heb 10:29), ekdikesis, "vindication," "retribution" (1Pe 2:14 the King James Version)): A court could inflict for a crime against the person, a sentence of
(1) death in the form of stoning, burning, beheading, or strangling, etc.;
(2) exile to one of the cities of refuge in case of manslaughter (Nu 35); or
(3) stripes, not to exceed 40, in practice 39 or less (De 25:3; 2Co 11:24).
Offences against property (theft, fraudulent conversion of deposit, embezzlement, robbery) were punished by exacting more than the value of the things taken (Lu 19:8), the excess going to the injured party, thus differing from a fine, which goes into the treasury of the community. The housebreaker was liable to be slain with impunity (Ex 22:2). A fine in the modern sense is unknown in the Scriptures, unless Le 5:6-19 be interpreted as referring to such.
1. History of the Hebrew Law concerning Punishment:
The earliest theory of punishment seems to have been that of retaliation-"blood for blood"-and to some extent this principle appears even in the Law of Moses (Le 21:19,20; Mt 5:38). Early in the history of the race, punishment was administered for sin and crime. Adam and Eve were driven from the Garden, and Cain, the first murderer, though not executed in retaliation for his deed, had a mark set on him. The words of Lamech (Ge 4:24) indicate that death was regarded as the fitting punishment for murder, and the same thought apparently was in the minds of the brethren of Joseph (Ge 42:21). Judah, as head of his family, seems to have had power of life and death (Ge 38:24), and Abimelech threatens his people with the extreme punishment in case they injure or insult Isaac or his wife (Ge 26:11). Similar power is ascribed to Pharaoh (Ge 41:13).
2. The Mosaic Law concerning Punishment:
Under the Law of Moses, the murderer was to be put to death without mercy. Even if he took refuge at the altar in a sanctuary or in an asylum city, he would not be immune from arrest and execution, and the same principle was applied in the case of an animal (Ex 21:12,14,23,28,36 parallel). But punishment under the Mosaic Law was not to be entailed or transmitted (De 24:16), as was the case among the Chaldeans (Da 6:24) and the kings of Israel (1Ki 21; 2Ki 9:26).
It has been noted that capital punishment is extensively prescribed by the Mosaic Law, and undoubtedly the Law was carried out. This circumstance has been explained by reference to the fact that the nation consisted of newly emancipated slaves, and therefore required harsh measures to keep them in check.
Under the Mosaic Law, the offenses that made one liable to the punishment of death were:
(1) striking or reviling a parent (Ex 21:15,17);
(2) blasphemy (Le 24:14,16,23; 1Ki 21:10; Mt 26:65,66);
(3) Sabbath-breaking (Ex 31:14; 35:2; Nu 15:32-36);
(4) witchcraft and false pretension to prophecy (Ex 22:18; Le 20:27; De 13:5; 18:20; 1Sa 28:9);
(5) adultery (Le 20:10; De 22:22);
(6) unchastity:
(a) before marriage, but detected afterward (De 22:21),
(b) in case of a woman with someone other than her betrothed (De 22:23),
(c) in a priest's daughter (Le 21:9);
(7) rape (De 22:25);
(8) incestuous and unnatural connections (Ex 22:19; Le 20:11,14,16);
(9) man-stealing (Ex 21:16);
(10) idolatry, actual or virtual, in any form (Le 20:2; De 13:6; 17:2-7);
(11) false witness in capital cases (De 19:16,19).
A large number of offenses come under the law of punishment by cutting off from the people, the meaning of which expression has led to some controversy. It may signify excommunication or death, and occurs in connection with the following offenses:
(1) breach of morals, such as willful sin in general (Nu 15:30,31); incestuous or unclean connections (Le 18:29; 29:9-21);
(2) breach of covenant, brought about through uncircumcision (Ge 17:14; Ex 4:24), neglect of Passover (Nu 9:13), Sabbath-breaking (Ex 31:14), neglect of Atonement Day (Le 23:29), work done on the Atonement Day (Le 23:30), children offered to Molech (Le 20:3), witchcraft (Le 20:6), anointing an alien with holy oil (Ex 30:33);
(3) breach of ritual, committed by eating leavened bread during Passover (Ex 12:15,19), eating fat of sacrifices (Le 7:25), eating blood (Le 7:27; 17:14), eating sacrifices while unclean (Le 7:20,21; 22:3,4,9), offering too late (Le 19:8), making holy ointment for private use (Ex 30:32,33), making perfume for private use (Ex 30:38), general neglect of purification (Nu 19:13,20), not bringing offering after slaying a beast for food (Le 17:9), slaying the animal at a place other than the tabernacle door (Le 17:4), touching holy things illegally (Nu 4:15,18,20).
Of capital punishments that are properly regarded as of Hebrew origin, we note:
(1) Stoning
Stoning, which was the ordinary mode of execution (Ex 19:13; Le 20:27; Jos 7:25; Lu 20:6; Ac 7:58; 14:5). The witnesses, of whom there were at least two, were required to cast the first stone (De 13:9 f; Joh 8:7). If these failed to cause death, the bystanders proceeded to complete the sentence, whereupon the body was to be suspended until sunset (De 21:23).
(2) Hanging
Hanging is mentioned (Nu 25:4; De 21:22), probably not as a mode of execution, but rather of exposure after death. It may have been a Canaanitish punishment, since it was practiced by the Gibeonites on the sons of Saul (2Sa 21:6,9).
(3) Burning
Burning, before the age of Moses, was the punishment of unchastity (Ge 38:24). The Law prescribes it as a punishment in the case of a priest's daughter (Le 21:9), and in case of incest (Le 20:14), but it is also mentioned as following death by other means (Jos 7:25), and some believe it was never used except after death. That it was sometimes used as a punishment on living persons among the heathen is shown by Da 3.
(4) The Sword or Spear
The sword or spear as an instrument of punishment is named in the Law (Ex 19:13; 32:27; Nu 25:7 ). It occurs frequently in monarchic and post-Bab times (Jud 9:5; 1Sa 15:33; 2Sa 20:22; 1Ki 19:1; Jer 26:23; Mt 14:8,10), but among these cases, there are some of assassination rather than of punishment.
(5) Strangling
Strangling as a form of punishment has no Scripture authority, but according to tradition was frequently employed, and is said to have been performed by immersing the convict in clay or mud, and then strangling him by a cloth tied around the neck.
3. Punishments of Foreign Origin: Besides these, which are to be regarded as the ordinary capital punishments, we read of some that were either of foreign introduction or of an irregular kind, such as:
(1) CRUCIFIXION (which see);
(2) drowning (Mt 18:6 parallel);
(3) sawing asunder or crushing (2Sa 12:31; Heb 11:37);
(4) torturing (1Ch 20:3; Heb 11:35);
(5) precipitation (2Ch 25:12; Lu 4:29);
(6) suffocation (2 Macc 13:4-8).
The Persians are said to have filled a high tower a great way up with ashes, and then to have thrown the criminal into it, and continually stirred up the ashes by means of a wheel till he was suffocated (Rawlinson, Ancient Monarchy, III, 246).
See also HEROD, II, 100.
Secondary forms of punishment not heretofore mentioned are to be noted as follows:
(1) Blinding or Putting Out of Eyes
Blinding or putting out of eyes in the case of captives (Jud 16:21; 1Sa 11:2; 2Ki 25:7).
(2) Chaining
Chaining by means of manacles or fetters of copper or iron, similar to our handcuffs fastened on the wrists and ankles and attached to each other by a chain (Jud 16:21; 2Sa 3:34; 2Ki 25:7); also alluded to in the life of Paul (Ac 28:20; Eph 6:20; 2Ti 1:16); and in the case of Peter (Ac 12:6).
(3) Confiscation of Property
Confiscation of property that had fallen under the ban, i.e. had been singled out for destruction by the special decree of Yahweh, as in Nu 21:2; Jos 6:17; or had been reserved for the use of the army (De 2:35; 20:14; Jos 22:8); or given over to the priesthood (Jos 6:19). The term may be extended to include all things vowed or sanctified and those irrevocably devoted or consecrated to God (Le 27:21,28). The idea is applied with special emphasis to those things which, because of their uncleanness, must not be used by the Israelites, though, through their warfare with the heathen, they might have come into possession of them (De 7:26; 1Sa 15:16-23).
(4) Dashing in Pieces (Psalms 2:9; Isaiah 13:18).
(5) Divine Visitation.
See VISITATION.
(6) Exposure to Wild Beasts (Leviticus 26:22; 1 Samuel 17:46; Daniel 6).
(7) Flaying
(Rawlinson, Ancient Monarchy, I, 478; Nineveh and Babylon; mentioned figuratively in Mic 3:3).
(8) Forfeiture (Ezra 10:8).
(9) Gallows
Gallows in the modern sense probably were unknown to the ancients. Where the word occurs in Es 5:14; 6:4; 7:9,10; 9:13,15, it probably refers to a beam or pole on which the body was impaled and then elevated to a height of 50 cubits as an object of warning to the people (see "Hanging").
(10) Imprisonment
Imprisonment is frequently referred to in both the Old Testament and the New Testament, indicating that this was a common mode of punishment among both the Israelites and other nations (Ge 40:3; 42:17; Le 24:12; Nu 15:34; 1Ki 22:27; Jer 37:15,21; Lu 3:20; Ac 4:3,10; 23:10; and the Epistles of Paul).
See PRISON.
(11) Indignities.
In this term may be included all those outbursts of vengeance or other evil dispositions that were practiced in times or under circumstances when liberties with the prisoner were permitted on the part of bystanders or those who had charge beyond the execution of the judicial decree. Instances are found in the life of Christ (Mt 26:59,67; Lu 22:63 ff; Joh 18:22); also in the life of Paul (Ac 23:2).
(12) Mutilation (Judges 1:6,7; Ezekiel 23:25; 2 Maccabees 7).
The Law was opposed to thus treating any Israelite, and Samuel, when referring to the arbitrary power of the future king (1Sa 8:10 ), does not say that he would thus treat "their sons." It was a barbarous custom of the East (see EUNUCH; POLYGAMY), evidently regarded, among the Hebrews, as a heinous practice (De 23:1). The only act authorizing mutilation (except in retaliation) is mentioned in De 25:11.
(13) Plucking Off the Hair
Plucking off the hair is alluded to as a mode of punishment in Ne 13:25; Isa 50:6.
(14) Prison Garments
Prison garments were in vogue to mark the convicts (Jer 52:33).
(15) Restitution
Restitution has been alluded to in the general introduction to this topic.
(16) Retaliation
Retaliation was recognized by Moses as a principle, but the application of it was left to the judge (Le 24:19-22). A fine example of it is found in the law of De 19:19.
(17) Scorpions, Chastising with.
Probably the use of thongs armed with pointed pieces of lead or other metal (1Ki 12:11; 2Ch 10:14).
See SCORPIONS.
(18) Scourging.
See separate article.
(19) Slavery.
See separate article.
(20) Stocks.
See PRISON.
Written by Frank E. Hirsch
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