A man was sentenced to death penalty, and while in prison, he converted and accepted the message of salvation.
The prison wouldn't let him get baptized, so he dies accepting his savior and Lord, but not baptized.
Is he saved or not.
There's a couple things I want to say here in response to this hypothetical:
Firstly: There is a fundamental misunderstanding of the historic, traditional view of Baptism as accepted by Catholics, Orthodox, Lutherans, Anglicans, et al; namely in seeing Baptism as a work to be accomplished, or as an obstacle that must be overcome in order to achieve salvation. This simply isn't the historic teaching. Baptism is not an obstacle that must be overcome, it is simply the normative means by which people are born anew into the Christian life.
Secondly: I want to raise a question for illustrative purposes: Does fire burn? I would think that most of us would agree that it is a bad idea to stick one's hand into an open flame, that's how you get burned. So we can agree that fire burns. But, however, what do we read in the Book of Daniel?
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Then Shadrach, Meshach, and Abed-Nego came from the midst of the fire. And the satraps, administrators, governors, and the king’s counselors gathered together, and they saw these men on whose bodies the fire had no power; the hair of their head was not singed nor were their garments affected, and the smell of fire was not on them."
How could this be? We know that fire burns. Well, we know the answer don't we? That in this unique circumstance, by the extraordinary power of God, the fire did no harm to the three men, it did not even singe their hair or garments, they didn't even smell of the flame.
So if I told you, "You shouldn't put your hand in an open flame, you'll get burned." Would you respond by mentioning the story of Shadrach, Meshach, and Abednego? Of course not, because we both recognize the difference between the ordinary circumstance and the extraordinary circumstance. That in the ordinary circumstance things are ordered in their normal way, fire burns. But that in extraordinary circumstance God is quite capable of preventing fire to burn, as He did here for these three men.
So why use extraordinary circumstances to deny the ordinary circumstances when it comes to Baptism?
Nobody thinks that if a person is, by extraordinary circumstance, prevented from receiving Baptism that God is going to hold this thing over their head, because Baptism isn't an obstacle, it's a gift and work of God. But what if you aren't prevented from receiving Baptism? What possible reason can a person have to refrain from this great fount of salvation which God has entrusted to His Church? By which there is marked the very name of Father, Son, and Holy Spirit, where is promised remission of sin, the gift of the Holy Spirit, burial, death, and life with Christ, union with Jesus Himself, and all else Scripture says concerning Baptism?
This is why, historically, Christians spoke of "Baptism of desire" to describe the extraordinary circumstances where a person was prevented, by circumstance, from receiving Baptism. Because Baptism isn't an obstacle, it's not a work, it isn't something we do to earn salvation--it's simply the ordinary means by which God accomplishes His work upon us, appropriating to us the perfect and completed work of Jesus Christ Himself. There are all manner of hypothetical situations, all manner of extraordinary circumstances that might prevent many things, such as Baptism. Indeed, for well over a thousand years nobody in the Americas was able to hear the Gospel, from the 1st century to the 15th century no indigenous American person ever heard the Gospel--should we assume therefore that, due to circumstances beyond anyone's control, the whole host of human beings never able to hear this life-giving Word of God are impossibly damned? Or do we here confess that God, in His great mercy, will act in accordance with His great mercy?
Have faith in Christ, He is mighty to save. But here is His word to you, to all of us, that we ought be baptized for it is here, in Baptism, that we are born anew by the Spirit of God.
-CryptoLutheran