One of the most controversial accounts in the Stick of Joseph records how Nefi killed Lavan. In this post, we’ll take a look at the event in its entirety, then examine it under the requirements of Torah to determine if Nefi was guilty of murder. 

Background

According to the record, Lavan was the custodian of the “Record of the Jews” recorded on “plates of brass.” The Lord commanded that Nefi and his brothers return to Jerusalem and retrieve the record before departing to their new land of promise. Nefi and his brothers made the three-day journey from the wilderness back to Jerusalem and requested the record from Lavan, who not only refused to give them the record, but also accused Nefi’s brother Laman of attempted theft: “Behold you are a robber and I will slay you.” (1 Nefi 1:11) Naturally, Laman fled for his life.

Nefi and his brothers next attempted to buy the record from Lavan, presenting him with all their family’s substantial wealth in the form of gold, silver and “precious things.” In response, Lavan sent his servants to slay the brothers while he stole their property, leaving them destitute. 

After these events, Nefi returned to the city alone after dark, where he came upon Lavan drunk and unconscious in the street. Under these circumstances, Nefi killed Lavan with Lavan’s own sword, dressed in Lavan’s clothing, and fooled Lavan’s servant into giving Nefi the record. 

What does the Torah Say? 

Some are shocked by this account and accuse Nefi of murder in the killing of the unconscious Lavan. However, under Jewish Law this is clearly not a case of murder. Nephi’s account illustrates that this killing fit the circumstances described by Exodus 21:12-14 perfectly: 

12  He that smiteth a man, so that he die, shall be surely put to death.

13  And if a man lie not in wait, but God deliver him into his hand; then I will appoint thee a place whither he shall flee.

14  But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die.

(Ex. 21:12-14 KJV)

In the above passage, verse 12 establishes capital punishment for murder. But the next two verses proceed to outline a special exception when the killing is not considered murder, and is therefore not punishable by death. To fit this Torah provision in verse 13, a killing must:

1.  Not be premeditated or done by design. 

2.  Come about by an act of God “delivering [the victim] into [the killer’s] hand.”

Nephi makes it clear that his slaying of Laban was not by premeditated, explaining that as he crept into the city by night, “I was led by the Spirit, not knowing beforehand the things which I should do.” (1 Nefi 1:8)

He also makes it clear that the deliverance of Lavan into Nefi’s hand was “an act of God” saying:

And it came to pass that the spirit said unto me again, Slay him, for YHWH has delivered him into your hands. Behold, YHWH slays the wicked to bring forth his righteous purposes…And again, I knew that YHWH had delivered Lavan into my hands for this cause, that I might obtain the records according to his mitzvot.

(1 Nefi 1:17)

It is very interesting that the provision in the Torah goes on to say, “I will appoint thee a place whither he shall flee.”, generally understood as a “city of refuge” to which the killer could flee for legal protection from those who would take revenge upon him. However, in Nefii’s case, rather than directing Nefi to flee to a city, God commanded Nefi and his family to flee to an entirely new land of promise in the Western Hemisphere:

And it came to pass that YHWH spoke unto me, saying, Blessed are you, Nefi, because of your faith, for you have sought me diligently with humility of heart. And inasmuch as you shall keep my mitzvot, you shall prosper and shall be led to a land of promise, yes, even a land which I have prepared for you, a land which is choice above all other lands.

(1 Nefi 1:9)

There is a clear connection between this MISHPAT from this Torah provision and the Stick of Joseph account in which Nefi kills Lavan. Under Jewish Law the killing was not murder because it was not by design, but was an act of God that delivered Lavan into Nefi’s hand, followed by God fulfilling his promise to provide Nefi with a place to flee.

Yeshua’s Perspective

We may also note that Lavan’s death relates uniquely to another Torah provision, also reflected in the teachings of Yeshua in his Sermon on the Mount. He taught:

Judge not, that ye be not judged. For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.

(Matt 7:1-2) 

Similarly, in the Stick of Joseph, Yeshua taught:

Truly, truly I say unto you, judge not, that you be not judged; for with what judgment you judge, you shall be judged, and what standard you apply, it shall be applied to you again.

(3 Nefi 6:5)

This teaching is likewise reflected in the Mishnah: “By the same measure by which a man metes out, they mete out to him…” (m.Sotah 1:7).

Lavan falsely accused Nefi’s brother, and according to the Torah, “the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you.” (Deuteronomy 19:18-19 KJV).

In falsely accusing Nefi’s brother Laman, Lavan declared: “Behold you are a robber and I will slay you.” (1 Nefi 1:11) In so saying, Lavan asserted his belief that robbers deserved to be killed without the benefit of a trial. This was the judgment with which Lavan judged, and the punishment he intended to administer, and therefore according to the passages above, the Torah, the Mishnah and Yeshua all agree that the punishment was suitable for Lavan. Consequently, Lavan legally deserved to be slain for falsely accusing Laman and declaring that Laman should die. 

Additionally, when Lavan coveted the property of Nefi’s family and robbed them of it, then according to Lavan’s own standard that robbers should be slain, he justly deserved to be slain as a robber. 

Self Defense in the Torah 

We read in the Torah:

“If a thief be found breaking in, and be smitten so that he dies, there shall be no bloodguiltiness for him.”

(Ex. 22:1(2))

Rashi comments upon this MISHPAT as follows:

He has no blood. [This signifies that] this is not [considered] murder. It is as though he [the thief] is [considered] dead from the start. Here the Torah teaches you: If someone comes to kill you, kill him first. And this one [the thief] has come to kill you, because he knows that a person will not hold himself back and remain silent when he sees people taking his money. Therefore, he [the thief] has come with the acknowledgement that if the owner of the property were to stand up against him, he [thief] would kill him [the owner]. – [From Talmud Sanhedrin. 72a].

It is from this mishpat that we have the Baraita which says:

When a man comes to kill you, rise early and kill him first.

(b.Berachot 58a, 62b; Numbers Rabbah XXI:4; Zohar 1:138a)

If Laman had stood up to defend his property and not fled, Lavan and his men would have killed him. Laven clearly experessed this intent. Likewise, when Lavan stole the property of Nefi and his brothers, he sent his guards with orers to kill them all. And thus it was very clear that Lavan intended to kill Nefi and his brothers, even going to the trouble of sending his guards to hunt them. Therefore, there was no bloodgultiness in Nefi killing him first.

Trial and Capital Punishment

Finally, in attempting—not once but twice—to unlawfully put to death without a trial those who came requesting the record, Lavan established his belief that no trial is required before capital punishment is applied. According to the Torah and the teachings of Yeshua, this standard was therefore applicable to Lavan in his own death.

In summary, according to well-established Torah principles, Nefi did not commit murder in killing Lavan. The law is clear that Lavan not only could justly be killed when the Lord delivered him into Nefi’s hands, but also that Lavan deserved to die as a robber in the same way he intended to kill those he falsely accused, and that his killing required no trial or declaration of guilt first.

I’ll add that those who continue to insist on accusing Nefi of murder are themselves false accusers, or at very least quite ignorant of both Torah and Yeshua’s teachings.

The intricate and correct application of Torah, Jewish law, and the teachings of Yeshua demonstrate the brilliance and intelligence of God in arranging the situation so that the record could be retrieved, Lavan could be justly removed, and Nefi could safely flee in complete innocence. It also demonstrates once again that the Stick of Joseph is indeed an ancient Jewish text.