Circumventing The Law

Abner had risked his life and reputation to make Ishbosheth king.  When he was accused of trying to usurp the throne by having an affair with one of Saul’s concubines, he became very angry at Ishbosheth and vowed to Join David instead.  He went to his friends and followers, and encouraged them to join David as well.  After meeting with David, he assured him that he could get many more to change sides, in II Samuel 3:17-21.  “And Abner had communication with the elders of Israel, saying, Ye sought for David in times past to be king over you: Now then do it: for the LORD hath spoken of David, saying, By the hand of my servant David I will save my people Israel out of the hand of the Philistines, and out of the hand of all their enemies.  And Abner also spake in the ears of Benjamin: and Abner went also to speak in the ears of David in Hebron all that seemed good to Israel, and that seemed good to the whole house of Benjamin.

So Abner came to David to Hebron, and twenty men with him. And David made Abner and the men that were with him a feast.  And Abner said unto David, I will arise and go, and will gather all Israel unto my lord the king, that they may make a league with thee, and that thou mayest reign over all that thine heart desireth. And David sent Abner away; and he went in peace.”

When Abner came to David, Joab and David’s men were chasing a band of raiders and thieves.  Shortly after Abner left, they returned having captured the raiders and taken their booty.  When Joab heard that they had been there, he accused Abner of conspiring against David in an effort to overthrow him, in II Samuel 3:22-25.  “And, behold, the servants of David and Joab came from pursuing a troop, and brought in a great spoil with them: but Abner was not with David in Hebron; for he had sent him away, and he was gone in peace.  When Joab and all the host that was with him were come, they told Joab, saying, Abner the son of Ner came to the king, and he hath sent him away, and he is gone in peace.

Then Joab came to the king, and said, What hast thou done? behold, Abner came unto thee; why is it that thou hast sent him away, and he is quite gone?  Thou knowest Abner the son of Ner, that he came to deceive thee, and to know thy going out and thy coming in, and to know all that thou doest.”

During the very first battle between David’s men and Ishbosheth’s, Abner had unintentionally killed Joab’s younger brother Asahel, and Joab was not about to forgive him.  He hated Abner and wanted to kill him, so he sent messengers after Abner in David’s name.  Abner returned willing, and Joab asked to speak to him privately, then murdered him, in II Samuel 3:26-27.  “And when Joab was come out from David, he sent messengers after Abner, which brought him again from the well of Sirah: but David knew it not.  And when Abner was returned to Hebron, Joab took him aside in the gate to speak with him quietly, and smote him there under the fifth rib, that he died, for the blood of Asahel his brother.”

Under Old Testament Law, if a person accidentally killed someone, he could flee to one of the cities of refuge for protection, and as long as he was within the city he was protected.  If he was outside the city, the dead person’s relatives had the right to kill him, and Hebron was one of the cities of refuge.  Since Joab killed him outside the city, there was nothing David could legally do, though he was very upset by the murder except pray that God would curse him for his distorting the law, in II Samuel 3:28-30.  “And afterward when David heard it, he said, I and my kingdom are guiltless before the LORD for ever from the blood of Abner the son of Ner: Let it rest on the head of Joab, and on all his father's house; and let there not fail from the house of Joab one that hath an issue, or that is a leper, or that leaneth on a staff, or that falleth on the sword, or that lacketh bread.  So Joab and Abishai his brother slew Abner, because he had slain their brother Asahel at Gibeon in the battle.”

At the funeral, David pointed out that Abner knew Joab had the right to kill him if he was outside the city, and had willingly gone with him.  While he could do nothing legally, David wanted it very clear he did not approve of what Joab had done, in II Samuel 3:31-37.  “And David said to Joab, and to all the people that were with him, Rend your clothes, and gird you with sackcloth, and mourn before Abner. And king David himself followed the bier.  And they buried Abner in Hebron: and the king lifted up his voice, and wept at the grave of Abner; and all the people wept.  And the king lamented over Abner, and said, Died Abner as a fool dieth?  Thy hands were not bound, nor thy feet put into fetters: as a man falleth before wicked men, so fellest thou. And all the people wept again over him.

And when all the people came to cause David to eat meat while it was yet day, David sware, saying, So do God to me, and more also, if I taste bread, or ought else, till the sun be down.  And all the people took notice of it, and it pleased them: as whatsoever the king did pleased all the people.  For all the people and all Israel understood that day that it was not of the king to slay Abner the son of Ner.”

Though he was the most powerful man in Israel, David suddenly realized just how limited his power was, as he states in II Samuel 3:38-39.  “And the king said unto his servants, Know ye not that there is a prince and a great man fallen this day in Israel?  And I am this day weak, though anointed king; and these men the sons of Zeruiah be too hard for me: the LORD shall reward the doer of evil according to his wickedness.”  Even with all his power, he was unable to punish a Joab and his brother for a deliberate murder because of the way they had manipulated the law. 

It is impossible to make perfect laws that cannot be distorted and misused to take advantage of others.  As a result, even the best governments and leaders sometimes find their hands tied.  Unfortunately, many lawyers today devote their efforts to finding ways to circumvent the laws, enabling criminals to get by with their crimes.   That they cannot be punished does not make the actions okay,