Genesis 9:5

Surely your blood - will I require; at the hand of every beast - This is very obscure, but if taken literally it seems to be an awful warning against cruelty to the brute creation; and from it we may conclude that horse-racers, hare-hunters, bull-baiters, and cock-fighters shall be obliged to give an account to God for every creature they have wantonly destroyed. Instead of חיה chaiyah, "beast," the Samaritan reads Yod Kaph chai, "living," any "living creature or person;" this makes a very good sense, and equally forbids cruelty either to men or brutes.

The second restriction guards human life. The shedding of human blood is sternly prohibited. "Your blood of your lives." The blood which belongs to your lives, which constitutes the very life of your corporeal nature. "Will I require." I, the Lord, will find the murderer out, and exact the penalty of his crime. The very beast that causes the death of man shall be slain. The suicide and the homicide are alike accountable to God for the shedding of man's blood. The penalty of murder is here proclaimed - death for death. It is an instance of the law of retaliation. This is an axiom of moral equity. He that deprives another of any property is bound to make it good or to suffer the like loss.

The first law promulgated in Scripture was that between Creator and creature. If the creature refuse to the Creator the obedience due, he forfeits all the Creator has given him, and, therefore, his life. Hence, when Cain murdered his brother, he only displayed a new development of that sin which was in him, and, being already condemned to the extreme penalty under the first transgression, had only a minor punishment annexed to his personal crime. And so it continued to be in the antediluvian world. No civil law is on record for the restriction of crime. Cain, indeed, feared the natural vengeance which his conscience told him his sin deserved. But it was not competent in equity for the private individual to undertake the enforcement of the penalties of natural law. So long as the law was between Creator and creature, God himself was not only the sole legislator, but the sole administrator of law.

The second law is that between creature and creature, which is here introduced on the occasion of giving permission to partake of animal food, as the first was published on that of granting the use of vegetable diet. In the former case, God is the administrator of the law, as he is the immediate and sovereign party in the legal compact. In the latter case, man is, by the express appointment of the Lord of all, constituted the executive agent. "By man shall his blood be shed." Here, then, is the formal institution of civil government. Here the civil sword is committed to the charge of man. The judgment of death by the executioner is solemnly delegated to man in vindication of human life. This trust is conveyed in the most general terms. "By man." The divine legislator does not name the sovereign, define his powers, or determine the law of succession. All these practical conditions of a stable government are left open questions.

The emphasis is laid solely on "man." On man is impressively laid the obligation of instituting a civil constitution suited to his present fallen condition. On the nation as a body it is an incumbent duty to select the sovereign, to form the civil compact between prince and people, to settle the prerogative of the sovereign and the rights of the subjects, to fix the order of succession, to constitute the legislative, judicial, and administrative bodies, and to render due submission to the constituted authorities. And all these arrangements are to be made according to the principles of Scripture and the light of nature.

The reason why retribution is exacted in the case of man is here also given. "For in the image of God has he made man." This points on the one hand to the function of the magistrate, and on the other to the claims of the violated law; and in both respects illustrates the meaning of being created in the image of God. Man resembles God in this, that he is a moral being, judging of right and wrong, endowed with reason and will, and capable of holding and exercising rights. Hence, he is in the first place competent to rule, and on his creation authorized to exercise a mild and moral sway over the inferior creatures. His capacity to govern even among his fellow-men is now recognized. The function of self-government in civil things is now conferred upon man. When duly called to the office, he is declared to be at liberty to discharge the part of a ruler among his fellow-men, and is entitled on the ground of this divine arrangement to claim the obedience of those who are under his sway. He must rule in the Lord, and they must obey in the Lord.

However, in the next place, man is capable of, and has been actually endowed with, rights of property in himself, his children, his industrial products, his purchases, his receipts in the way of gift, and his claims by covenant or promise. He can also recognize such rights in another. When, therefore, he is deprived of anything belonging to him, he is sensible of being wronged, and feels that the wrongdoer is bound to make reparation by giving back what he has taken away, or an equivalent in its place. This is the law of requital, which is the universal principle of justice between the wrongdoer and the wrong-sufferer. Hence, the blood of him who sheds blood is to be shed. And, in setting up a system of human government, the most natural and obvious case is given, according to the manner of Scripture, as a sample of the law by which punishment is to be inflicted on the transgressor in proportion to his crime. The case in point accordingly arises necessarily out of the permission to use animal food, which requires to be guarded on the one hand by a provision against cruelty to animals, and, on the other, by an enactment forbidding the taking away of human life, on the pain of death, by order of the civil magistrate. This case, then, turns out to be the most heinous crime which man can commit against his fellow-man, and strikingly exemplifies the great common principle of retributive justice.

The brute is not a moral being, and has, therefore, no proper rights in itself. Its blood may therefore be shed with impunity. Nevertheless, man, because he is a moral being, owes a certain negative duty to the brute animal, because it is capable of pain. He is not to inflict gratuitous or unnecessary suffering on a being susceptible of such torture. Hence, the propriety of the blood being shed before the flesh is used for food. Life, and therefore the sense of pain, is extinguished when the blood is withdrawn from the veins.

9:5 And surely your blood of your lives will I require — Our own lives are not so our own, that we may quit them at our own pleasure; but they are God's, and we must resign them at his pleasure. If we any way hasten our own deaths, we are accountable to God for it. Yea, At the hand of every beast will I require it - To shew how tender God was of the life of man, he will have the beast put to death that kills a man. This was confirmed by the law of Moses, Exodus 21:28, and it would not be unsafe to observe it still.

And at the hand of every man's brother will I require the life of a man — I will avenge the blood of the murdered upon the murderer. When God requires the life of a man at the hand of him that took it away unjustly, he cannot render that, and therefore must render his own in lieu of it, which is the only way left of making restitution.