Why wasn’t Cain given capital punishment for the murder he committed

Why wasn’t Cain given capital punishment for the murder he

committed?

PROBLEM: In the OT, murderers were given capital punishment for their crime ( Gen.

9:6 ; Ex. 21:12 ). Yet Cain was not only set free after murdering his brother, but he

was protected from any avenger ( Gen. 4:15 ).

SOLUTION: There are several reasons why Cain was not executed for his capital crime.

First, God had not yet established capital punishment as an instrument of human

government (cf. Rom. 13:1–4 ). Only after violence filled the earth in the days before

the flood did God say, “Whoever sheds man’s blood, By man his blood shall be shed;

For in the image of God He made man” ( Gen. 9:6 ).

Further, who would have killed Cain? Cain had just killed Abel. At this early

stage only Adam and Eve were left. Surely, God would not have called upon the

parents to kill their only remaining son. In view of this, God, who alone is sovereign

over life and death ( Deut. 32:39 ), personally commuted Cain’s death penalty.

However, in so doing, God implied the gravity of Cain’s sin and implied he was

worthy of death by declaring that “the voice of your brother’s blood cries out to Me

[for vengeance] from the ground” (v. 10 ). Nonetheless, even Cain seemed to

recognize that he was worthy of death, and he asked God for protection (v. 14 ).

Finally, God’s promise to protect Cain from vengeance implies capital punishment

would be taken on any who took Cain’s life (cf. v. 15 ). So, Cain’s case is the

exception that proves the rule, and by no means does it argue against capital

punishment as established by God (see comments on John 8:3–11