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1. Cain is cursed for the sin - the crime - of murder ... before any written law existed.
The law of Murder and its consequence was not spoken into law until the ninth chapter of genesis - 5 "And surely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of man; at the hand of every man's brother will I require the life of man. 6 Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man."
Romans 5:13 "For until the law sin was in the world: but SIN IS NOT IMPUTED WHEN THERE IS NO LAW."
The law of murder/consequence was not in effect until an unknown period of time long after the sin of Cain; therefore it was not imputed to Cain, other than the Curse placed upon him by God at the time of the event.
2. Genesis 6 - all mankind condemned to death - the flood - before any written law existed
Written law is not the only law God puts into place. His instructions to Adam were "LAW" which Adam ignored at his peril. When God speaks, His words are true, therefore, what he speaks is truth, and is not to be ignored nor mitigated by the ignorance of Men who in the days ending the flood, were given God's spoken law for their standard of behaviour; even their survival.
Later, the Hebrew nation was punished for not keeping the spirit of the law, though they kept the letter thereof - The events depicted in Hosea and demonstrated in Mathew show what is involved better that I could ever invent -
"For I desired mercy, and not sacrifice; and the knowledge of God more than burnt offerings."(Hosea 6:6)
This little gem from Hosea was quoted twice by Jesus and applied to the ignorance of the Pharisees, who were alledged to be knowledgeable of the law -
"And it came to pass, as Jesus sat at meat in the house, behold, many publicans and sinners came and sat down with him and his disciples. 11 And when the Pharisees saw it, they said unto his disciples, Why eateth your Master with publicans and sinners? 12 But when Jesus heard that, he said unto them, They that be whole need not a physician, but they that are sick. 13 But go ye and learn what that meaneth, I will have mercy, and not sacrifice: for I am not come to call the righteous, but sinners to repentance." (Mat 9:10-13)
Upon a later occasion, when attacked again, Jesus quoted this same passage from Hosea, only this time, He accused them by saying "If ye had known what this meaneth ye would not have condemned the guiltless."
"At that time Jesus went on the sabbath day through the corn; and his disciples were an hungred, and began to pluck the ears of corn, and to eat. 2 But when the Pharisees saw it, they said unto him, Behold, thy disciples do that which is not lawful to do upon the sabbath day. 3 But he said unto them, Have ye not read what David did, when he was an hungred, and they that were with him; 4 How he entered into the house of God, and did eat the shewbread, which was not lawful for him to eat, neither for them which were with him, but only for the priests? 5 Or have ye not read in the law, how that on the sabbath days the priests in the temple profane the sabbath, and are blameless? 6 But I say unto you, That in this place is one greater than the temple.7 But if ye had known what this meaneth, I will have mercy, and not sacrifice, ye would not have condemned the guiltless".(Mat 12:1-7)
And it must be remembered, God commanded the sacrifices, but through Hosea, God says "mercy outranks sacrifice."
3. It was always wrong to take God's name in vain... and still is wrong to do that.
Genesis 26:5
5 because Abraham obeyed Me and kept My charge, My commandments, My statutes and My laws.”
The "charge, commandments, statutes and laws" Abraham kept had nothing to do wth the "charge, commandments, statutes, and laws" given to Moses
It is still wrong to take God's name in vain, but not because of a law given to Moses, to which even Abraham was not liable, because he was never an Israelite - He was Israel's GrandFather. Isaac was never an Israelite - he was Israel's Father. Jacob was never an Israelite - He was Israel. Only the children of Israel and their descendants, and proselyte's who joined themselves to Israel were subjects of the law given to Moses
THE COVENANT OF TEN COMMANDMENTS GIVEN TO MOSES WERE NOT AN EVERLASTING COVENANT
"The LORD our God made a covenant with us in Horeb. 3 The LORD made not this covenant with our fathers, but with us, even us, who are all of us here alive this day. (Deut 5:2)
"Now to Abraham and his seed were the promises made. He saith not, And to seeds, as of many; but as of one, And to thy seed, which is Christ.(Gal 3:16)
Paul showed us in Gal 3:16, the timing of the end of the law - "Wherefore then serveth the law? It was added because of transgressions, TILL the seed should come to whom the promise was made; and it was ordained by angels in the hand of a mediator. (Gal 3:19)
And to whom were the promises made?
"Now to Abraham and his seed were the promises made. He saith not, And to seeds, as of many; but as of one, And to thy seed, which is Christ.(Gal 3:16)
To ABRAHAM AND CHRIST. When Christ came, the law was fulfilled, because it fulfilled the promise.
But the problem will always remain, some, being not knowledgeable of nuances and meanings will argue from a translation that is faulted. In this case, some understand the use of the word "Everlasting," and they do well. But sometimes the word being translated does not reference eternity, but an age, "age-lasting" rather than "lasting beyond all ages."
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