1 Kings 21: 1 – 29
Eminent Domain
21 And it came to pass after these things that Naboth the Jezreelite had a vineyard which was in Jezreel, next to the palace of Ahab king of Samaria. 2 So Ahab spoke to Naboth, saying, “Give me your vineyard, that I may have it for a vegetable garden, because it is near, next to my house; and for it I will give you a vineyard better than it. Or, if it seems good to you, I will give you its worth in money.” 3 But Naboth said to Ahab, “The LORD forbid that I should give the inheritance of my fathers to you!” 4 So Ahab went into his house sullen and displeased because of the word which Naboth the Jezreelite had spoken to him; for he had said, “I will not give you the inheritance of my fathers.” And he lay down on his bed, and turned away his face, and would eat no food. 5 But Jezebel his wife came to him, and said to him, “Why is your spirit so sullen that you eat no food?” 6 He said to her, “Because I spoke to Naboth the Jezreelite, and said to him, ‘Give me your vineyard for money; or else, if it pleases you, I will give you another vineyard for it.’ And he answered, ‘I will not give you my vineyard.’ ” 7 Then Jezebel his wife said to him, “You now exercise authority over Israel! Arise, eat food, and let your heart be cheerful; I will give you the vineyard of Naboth the Jezreelite.” 8 And she wrote letters in Ahab’s name, sealed them with his seal, and sent the letters to the elders and the nobles who were dwelling in the city with Naboth. 9 She wrote in the letters, saying, proclaim a fast, and seat Naboth with high honor among the people; 10 and seat two men, scoundrels, before him to bear witness against him, saying, “You have blasphemed God and the king.” Then take him out, and stone him, that he may die. 11 So the men of his city, the elders and nobles who were inhabitants of his city, did as Jezebel had sent to them, as it was written in the letters which she had sent to them. 12 They proclaimed a fast, and seated Naboth with high honor among the people. 13 And two men, scoundrels, came in and sat before him; and the scoundrels witnessed against him, against Naboth, in the presence of the people, saying, “Naboth has blasphemed God and the king!” Then they took him outside the city and stoned him with stones, so that he died. 14 Then they sent to Jezebel, saying, “Naboth has been stoned and is dead.” 15 And it came to pass, when Jezebel heard that Naboth had been stoned and was dead, that Jezebel said to Ahab, “Arise, take possession of the vineyard of Naboth the Jezreelite, which he refused to give you for money; for Naboth is not alive, but dead.” 16 So it was, when Ahab heard that Naboth was dead, that Ahab got up and went down to take possession of the vineyard of Naboth the Jezreelite. 17 Then the word of the LORD came to Elijah the Tishbite, saying, 18 “Arise, go down to meet Ahab king of Israel, who lives in Samaria. There he is, in the vineyard of Naboth, where he has gone down to take possession of it. 19 You shall speak to him, saying, ‘Thus says the LORD: “Have you murdered and also taken possession?”’ And you shall speak to him, saying, ‘Thus says the LORD: “In the place where dogs licked the blood of Naboth, dogs shall lick your blood, even yours.”’ 20 So Ahab said to Elijah, “Have you found me, O my enemy?” And he answered, “I have found you, because you have sold yourself to do evil in the sight of the LORD: 21 ‘Behold, I will bring calamity on you. I will take away your posterity and will cut off from Ahab every male in Israel, both bond and free. 22 I will make your house like the house of Jeroboam the son of Nebat, and like the house of Baasha the son of Ahijah, because of the provocation with which you have provoked Me to anger, and made Israel sin.’ 23 And concerning Jezebel the LORD also spoke, saying, ‘The dogs shall eat Jezebel by the wall of Jezreel.’ 24 The dogs shall eat whoever belongs to Ahab and dies in the city, and the birds of the air shall eat whoever dies in the field.” 25 But there was no one like Ahab who sold himself to do wickedness in the sight of the LORD, because Jezebel his wife stirred him up. 26 And he behaved very abominably in following idols, according to all that the Amorites had done, whom the LORD had cast out before the children of Israel. 27 So it was, when Ahab heard those words, that he tore his clothes and put sackcloth on his body, and fasted and lay in sackcloth, and went about mourning. 28 And the word of the LORD came to Elijah the Tishbite, saying, 29 “See how Ahab has humbled himself before Me? Because he has humbled himself before Me, I will not bring the calamity in his days. In the days of his son I will bring the calamity on his house.”
Today we are going to continue to review the ongoing saga of an evil and powerful couple. Their names are Ahab and Jezebel. Their evil ways are so renowned that parents avoid giving their sons and daughters either one of these names.
The couple are going to develop the first ever policy of Eminent Domain. It is the taking of private property for government use. The government consisted of a king and queen who did whatever they felt like.
Next to the king and queen’s palace was a vineyard. It did not belong to the them but to a man whose family had owned and cared for it.
At first the owner was offered compensation for selling it to the king or it could be exchanged for other land. The owner prideful in the fact that it was a family heritage possession would not agree to lose it, so the pagan queen came up with a new idea of how to possess the vineyard.
For us modern day folk the use of Eminent Domain is the power of government to take private land for public use. This power is limited by the federal Constitution and by state constitutions -- when the government does take private property for public use, it must fairly compensate the owner for the deprivation. Sometimes the operation of eminent domain is a straightforward matter, with the government providing the landowner a fair price, and the landowner yielding the property to public use. At other times, however, government and the landowner may disagree over whether a taking has occurred, and how much compensation is due.
The law of eminent domain derives from the so-called "Takings Clause" of the Fifth Amendment, which states, "Nor shall private property be taken for public use, without just compensation." The men who created the Constitution were, for the most part, landholders with a certain mistrust of government power. To protect private landholders from abuses by government, the Founders limited the government's power to take property. At that time, the government action they likely envisioned was seizure of the land and its occupation by government.
As the country's population continued to grow, however, local governments began to place increasing controls on the use of land. Where landowners believed that these restrictions impeded their use of the property, or damaged its value, they began to argue that these restrictions also constituted a taking of their land requiring adequate compensation. At first, the courts were reluctant to hear these claims. Over time, however, courts began to recognize them, adding a new dimension to the law of eminent domain.
The "Takings" Clause of the Fifth Amendment has several important components. First, it applies only to private property. Should the government decide to change the use of some piece of public land, i.e. build a bus terminal on what had been a public park, that action would not compel the government to pay citizens who used the park. It's possible, however, that the new use might infringe the rights of neighboring landowners so much that they could sue anyway, equating the infringement of their property rights with an outright taking of their land. This process, known as an inverse condemnation proceeding.
The second requirement under the Fifth Amendment is that the land be taken for public use. This limitation prevents government officials from taking private land for their own purposes. For example, a member of Congress could not take the home of a private citizen for his or her own use under eminent domain. Sometimes, however, courts have upheld takings that ultimately resulted in a private party possessing the land. This has occurred, for example, to allow expansion of an auto plant felt to be beneficial to the local economy, and in instances of urban renewal, where a new neighborhood goes up in place of an old and dilapidated one.
Finally, the Fifth Amendment requires just compensation. Fair compensation is typically determined using the market value of the land, that is, the price for which the landowner could reasonably expect to sell the land to some other buyer. What the land is worth depends on many things, including the size of the property and the buildings, crops, or timber upon the land. For permanent takings, courts use one of several methods to determine market value. Where the government's use of or encroachment upon the property is of limited duration or scope, the calculation of value may be trickier.
In the classic case of eminent domain, the government determines that it needs certain privately owned land to create some public benefit, such as construction of a new highway. The government may offer the landowner a price to which he or she agrees, or it might initiate what is called a condemnation proceeding, when they cannot agree on value. The property owner has a right to notice of the government's decision and an opportunity to respond, and to just compensation for the land taken. The government pays the landowner, the landowner leaves the property, and the government builds the road.
Sometimes, however, the government will deny that it has taken anything from the landowner. Thus, the landowner will commence an action, called an inverse condemnation proceeding, seeking compensation from the government. This situation can arise in a variety of ways. For example, the government might engage in conduct that destroys the landowner's ability to use and enjoy the property, such as by building an airstrip next to the property and flying planes over it or cutting off or polluting the flow of water to the land. The government might also obstruct the landowner's access to the property with water or debris, as where dynamiting operations block the road to the landowner's property.
The government might also infringe a landowner's rights through regulation. This could occur where the landowner buys land and builds a church and then the local government passes a law, banning churches in the town. If the landowner's church is deemed harmful to the public, the government's action in shutting it down may be a valid exercise of its police powers, as opposed to a taking.
The government might also unduly restrict or diminish the property's use. A law raising minimum lot sizes from one acre to five acres robs a landowner with less than ten acres of the right to subdivide his or her property. A law denying sewer access or water access to certain plots would all but destroy their value for residential use. In these cases, the landowner could sue, arguing that the government has taken the property without paying for it.
The story of Naboth’s Vineyard is introduced here in to illustrate how grasping and inward-looking Ahab had become, and how greatly he was manipulated by his evil wife Jezebel, leading on to the prophecy by Elijah that proclaims his demise and the demise of his house, something which begins to come about in chapter 21. Central to the story is the right of every Israelite to hold his family’s property, given to them by YHWH, in perpetuity. It was one of the cardinal statutes of Israel. And to retain that land gave the family great prestige. The evil of Jezebel is especially illustrated in the setting up at her instigation of false and lying witnesses, followed by the cold-blooded murder of an innocent man, something in which she also involved several others causing them also to disobey the Law of YHWH. Her pollution was thus spreading among the leaders of Israel, causing them to ignore the covenant. It is a reminder of the direction in which Baalism was taking Israel and goes on to explain that this was why YHWH’s judgment was coming on Ahab. Despite all YHWH’s appeals, and the goodness that He had shown to Ahab, Ahab demonstrates that he was still far from YHWH and His ways in his inner heart.
21 And it came to pass after these things that Naboth the Jezreelite had a vineyard which was in Jezreel, next to the palace of Ahab king of Samaria.
The incident is introduced by a general description of the situation. It occurred while Ahab was at his palace in Jezreel, where he had also been at the time of the incident at Mount Carmel. Nearby that palace in Jezreel was a vineyard that belonged to Naboth the Jezreelite.
2 So Ahab spoke to Naboth, saying, “Give me your vineyard, that I may have it for a vegetable garden, because it is near, next to my house; and for it I will give you a vineyard better than it. Or, if it seems good to you, I will give you its worth in money.”
Ahab coveted Naboth’s vineyard so that he could use it for an herb garden, and he therefore offered him a better one for it, or the alternative of a very good price. So far, so good. The offer seemed reasonable. But it did not take into account the loss of status that would be involved for Naboth’s family in surrendering the ancient family land.
3 But Naboth said to Ahab, “The LORD forbid that I should give the inheritance of my fathers to you!”
The Israelites had a very strong sense of duty about their family land, for they saw it as having been given to their family by YHWH (Leviticus 25.23). Thus, Naboth considered that to sell his family land would be to disobey and insult YHWH, and that is why he refused to sell it, or yield it up in any way. At this stage the whole of ‘old Israel’ would have approved.
4 So Ahab went into his house sullen and displeased because of the word which Naboth the Jezreelite had spoken to him; for he had said, “I will not give you the inheritance of my fathers.” And he lay down on his bed, and turned away his face, and would eat no food.
Ahab was not used to not getting what he wanted, and he was heavy in his spirit and displeased as a result of Naboth’s refusal. Please take note the emphasis again on the fact that Naboth had refused to give him ‘the inheritance of my fathers’. Ahab knew that that in Israel that was sacrosanct.
Although he was upset he accepted ungraciously that that was the case, and because he was immature in his attitude, instead of saying ‘you are doing what is right in the eyes of YHWH’, he went to his room and sulked. He was having such a pity party that he refused any food. Such an attitude in a king was disgraceful. It demonstrated his inadequacy as a king.
5 But Jezebel his wife came to him, and said to him, “Why is your spirit so sullen that you eat no food?”
When he did not turn up to eat, Jezebel went to find out what was wrong, and she asked him why he was so unhappy, and why he was going without food.
6 He said to her, “Because I spoke to Naboth the Jezreelite, and said to him, ‘Give me your vineyard for money; or else, if it pleases you, I will give you another vineyard for it.’ And he answered, ‘I will not give you my vineyard.’”
His reply to Jezebel sounds very much like that of a spoiled small boy who has not got what he wanted. He had tried to persuade Naboth to sell him his vineyard and he had refused. Notice how bluntly he puts Naboth’s reply. It gives the impression that Naboth was just being awkward, when it has previously been emphasized that in fact he was being loyal to his family and to YHWH.
7 Then Jezebel his wife said to him, “You now exercise authority over Israel! Arise, eat food, and let your heart be cheerful; I will give you the vineyard of Naboth the Jezreelite.”
Jezebel came from a country where the king’s word was law, and there were no such inconveniences as YHWH’s covenant with His people. So, she asked him who he thought was governing Israel. Then she assured him that he could start eating again, and making merry, because he could leave it with her. She would soon obtain Naboth’s vineyard for him. Ahab could have been in no doubt that her methods would be crude, for he knew his wife. What he might not have expected was just how crude they would be. He cannot, however, thereby be exempted from blame for what happened.
The second step in the downward spiral was when Ahab abnegated his authority by allowing Jezebel to use his name and seal for an evil purpose. This would result in the king’s name being dishonored and the rulers of Jezreel sinning against their neighbor, by setting up false witnesses, falsely accusing him, and then murdering him to steal his land. This was not loving their neighbors as themselves as our Loving and Holy God proclaimed in His Commandments.
8 And she wrote letters in Ahab’s name, sealed them with his seal, and sent the letters to the elders and the nobles who were dwelling in the city with Naboth.
The letters were dispatched to the nobles and eldership of Jezreel, men who by their positions were committed to fulfilling the will of YHWH. They also were therefore being involved in her sinful plot, and in flagrantly disobeying YHWH. This was what Ahab had done to Israel.
9 She wrote in the letters, saying, proclaim a fast, and seat Naboth with high honor among the people; 10 and seat two men, scoundrels, before him to bear witness against him, saying, “You have blasphemed God and the king.” Then take him out, and stone him, that he may die.
In her letters Jezebel instructed the nobles and elders of Jezreel to proclaim a fast on the supposed grounds that Israel had sinned. Then they were to give Naboth a place of honor among the people, after which they were to put him on trial on the grounds that it was he who had sinned in such a way as to bring guilt on the whole people, by ‘cursing God and the king’, and were to bribe two ‘base fellows’ (‘sons of worthlessness’) to testify against him. No one could be sentenced to death in Israel without the testimony of at least two witnesses (Deuteronomy 17.6). Afterwards they were then to take him outside the city and stone him to death. It was to be done outside the city because the guilty party would be ‘unholy’, so that his death must not defile the city (Numbers 15.35-36).
We note from these letters that Jezebel was clearly familiar with the customs of Israel and was deliberately misusing them and manipulating them and calling on the nobles and elders to assist her in the task. It was flagrant, open and cynical disobedience against YHWH and His demands for righteous judgment, by one who only acknowledged Baal and his standards. Thus, by obeying her the Israelite leaders would be uniting with her in her loyalty to Baal and rejecting the covenant.
11 So the men of his city, the elders and nobles who were inhabitants of his city, did as Jezebel had sent to them, as it was written in the letters which she had sent to them.
It is then made clear that the nobles and elders of Jezreel kowtowed to Jezebel and did precisely what she asked. They rejected what they knew to be the requirements of YHWH, and even distorted them to let Jezebel have her way.
12 They proclaimed a fast, and seated Naboth with high honor among the people. 13 And two men, scoundrels, came in and sat before him; and the scoundrels witnessed against him, against Naboth, in the presence of the people, saying, “Naboth has blasphemed God and the king!” Then they took him outside the city and stoned him with stones, so that he died.
The carrying out of what Jezebel had demanded is repeated in detail to bring out the awfulness of what the men were doing. First the pretended repentance for a ‘community’ sin. Then the pretense exalting of Naboth. Then the presentation of two men known to be false witnesses. Then the acceptance of false witness to obtain a verdict. Then the carrying out of an act of judicial murder on an innocent man. Ignoring YHWH and His laws they were abnegating all authority and were being totally subservient to Jezebel, and as a result accusing and executing a totally innocent man, a man who was in trouble because he had the nerve to walk in YHWH’s ways and be faithful to him.
14 Then they sent to Jezebel, saying, “Naboth has been stoned and is dead.”
Having done all that was requested they contacted Jezebel and confirmed that Naboth was stoned and dead, shamed and executed. Note that they had not been at all deceived into thinking that the instructions came from Ahab. They had known all along that the orders had come from Jezebel.
15 And it came to pass, when Jezebel heard that Naboth had been stoned and was dead, that Jezebel said to Ahab, “Arise, take possession of the vineyard of Naboth the Jezreelite, which he refused to give you for money; for Naboth is not alive, but dead.”
As soon as Jezebel heard that Naboth was dead she came into Ahab’s presence and informed him that he could now have what he had wanted, and could indeed have it without cost, because Naboth was dead.
What is even more reprehensible was that these murders also slew all the heirs of Naboth as we read in the book of 2 Kings 9.26 makes clear that his heirs were in some way disposed of as well, leaving no one to inherit. “25 Then Jehu said to Bidkar his captain, “Pick him up, and throw him into the tract of the field of Naboth the Jezreelite; for remember, when you and I were riding together behind Ahab his father, that the LORD laid this burden upon him: 26 ‘Surely I saw yesterday the blood of Naboth and the blood of his sons,’ says the LORD, ‘and I will repay you in this plot,’ says the LORD. Now therefore, take and throw him on the plot of ground, according to the word of the LORD.”
16 So it was, when Ahab heard that Naboth was dead, that Ahab got up and went down to take possession of the vineyard of Naboth the Jezreelite.
The news was music to Ahab’s ears, and he immediately rose up to go to Naboth’s vineyard to take possession of it. His conscience was clear. After all, he had had nothing to do with it.
We now come to what the account has been building up to, the condemnation of Ahab by Elijah for what he has done, and the condemning of him above all who have gone before him. To illustrate how YHWH’ covenant was being broken and to underlines His subsequent condemnation of those who broke His covenant.
17 Then the word of the LORD came to Elijah the Tishbite, saying, 18 “Arise, go down to meet Ahab king of Israel, who lives in Samaria. There he is, in the vineyard of Naboth, where he has gone down to take possession of it.
What Ahab and Jezebel had done did not go unnoticed with YHWH. No other nation had gods who were concerned about the behavior of kings if they fulfilled their religious duties, but YHWH was very concerned. And the result was that YHWH came to Elijah the Tishbite and told him to go and see ‘Ahab who dwells in Samaria’.
19 You shall speak to him, saying, ‘Thus says the LORD: “Have you murdered and also taken possession?”’ And you shall speak to him, saying, ‘Thus says the LORD: “In the place where dogs licked the blood of Naboth, dogs shall lick your blood, even yours.”’
Elijah was to declare to Ahab that because he had killed the owner of the land and had himself taken possession of it, the dogs would lick his blood in the very place where they had licked Naboth’s blood. For the scavenger dogs to lick a man’s blood was the man having come to disgrace. They had done it to Naboth because Naboth had supposedly died as a blasphemer, outside the city where the scavenger dogs would be waiting. Well, the same thing would happen to Ahab. He would end up disgraced in the same way because by his actions he had blasphemed against YHWH. (It should be noted that in verse 29 this sentence is partly rescinded. Thus, although in the end the dogs did lick his blood as a kind of poetic justice, it would be in a lesser way (22.38). But see also 2 Kings 9.25-26 where it happens in full to his son, just as Elijah had said).
20 So Ahab said to Elijah, “Have you found me, O my enemy?” And he answered, “I have found you, because you have sold yourself to do evil in the sight of the LORD:
When Elijah arrived, Ahab was both put out and abusive. He knew why Elijah had come and at this stage saw Elijah, and all YHWH’s true prophets as his enemies even though they had informed him from God of rescue from invasion. He was thus abusively saying, ‘So you have caught me. And what do you want now?’ But in his heart, he knew perfectly well what Elijah wanted. He was fully aware of what had been done in his name, and that Elijah was here to rebuke him for breaking the covenant and God’s Law. He may even have seen Elijah as there because he was standing in as YHWH’s representative as the avenger of blood on behalf of a family which had been rendered helpless, who had now found the culprit. No wonder he saw him as an enemy.
Elijah’s reply was to the point, “I have found you, because you have sold yourself to do what is evil in the sight of YHWH.” He was immediately facing Ahab up with YHWH and His Law and indicating that he was a law breaker. He and his wife had coveted, lied, borne false witness, stolen and murdered. They had broken half the commandments.
21 ‘Behold, I will bring calamity on you. I will take away your posterity and will cut off from Ahab every male in Israel, both bond and free. 22 I will make your house like the house of Jeroboam the son of Nebat, and like the house of Baasha the son of Ahijah, because of the provocation with which you have provoked Me to anger and made Israel sin.’
Elijah then applied to Ahab the words which had been applied by Ahijah the prophet to Jeroboam in 14.10-11 (see notes on those verses), and by Jehu the prophet to Baasha in 16.3-4. These prophecies would have been recorded in prophetic circles and would have been known to Elijah by heart. They were repeated so as to indicate that Ahab was to be seen as guiltier than both of them put together, something which guaranteed the extinction of his house, because he had provoked YHWH with his sins more than both of them, and had made Israel sin more than any of the others. Thus, all that had been prophesied as coming on them would come on him, and more.
23 And concerning Jezebel the LORD also spoke, saying, ‘The dogs shall eat Jezebel by the wall of Jezreel.’
The worst fate was to be reserved for the woman with all the beauty on the outside but filthy evil on the inside -Jezebel. She would be eaten by the scavenger dogs by the rampart of Jezreel. This prophecy was fulfilled in the book of 2 Kings 9.35-36. Once the dogs had finished with her only her skull, feet and the palms of her hands would be left
24 The dogs shall eat whoever belongs to Ahab and dies in the city, and the birds of the air shall eat whoever dies in the field.”
A similar fate to some extent awaited all the house of Ahab, except in their case they would be allowed to die first. But their bodies would then be disgraced by being eaten by scavenger dogs or scavenger birds. They would receive no proper burial.
25 But there was no one like Ahab who sold himself to do wickedness in the sight of the LORD, because Jezebel his wife stirred him up. 26 And he behaved very abominably in following idols, according to all that the Amorites had done, whom the LORD had cast out before the children of Israel.
The reason for this cruel end is given. It was because he had sinned above all who were before him. None had sinned as he had. He had sold himself to do evil in the sight of YHWH spurred on, and stirred up, by his wife Jezebel. And this had included his eager following of the idols of the Canaanites/Amorites whom YHWH had for that very reason cast out before the children of Israel. Ahab was not thus condemned just for following a foreign Baal at the behest of his wife, but for engaging in every form of local Baalism, and that included the false worship introduced by Jeroboam the son of Nebat.
27 So it was, when Ahab heard those words, that he tore his clothes and put sackcloth on his body, and fasted and lay in sackcloth, and went about mourning.
When Ahab heard these words, he was genuinely moved. His heart was torn, something which he symbolized by tearing his clothes. And he divested himself of his royal robes and dressed in sackcloth, and went without food, and lay down before YHWH in sackcloth, and began to reform himself. Sackcloth was the clothing of the very poor and was rough on the skin. It was a way of humbling oneself. Fasting (going without food to denote repentance) was another way of demonstrating sorrow.
28 And the word of the LORD came to Elijah the Tishbite, saying, 29 “See how Ahab has humbled himself before Me? Because he has humbled himself before Me, I will not bring the calamity in his days. In the days of his son I will bring the calamity on his house.”
When YHWH saw his repentance, He pointed it out to Elijah and declared that because Ahab had humbled himself in this way the evil to his house would not come on him in his day but would rather come in his son’s days. Judgment would be delayed but not removed. (Of course, had his sons repented then the judgment would have been even further delayed. But it was not to be. This aspect of judgment must always be borne in mind. Judgment was always to be as avoidable by repentance, as long as the repentance was genuine. Thus, judgment was always, at least temporarily, avoidable.
