Enumerating those who among others would inherit the terrestrial kingdom for eternity, the Lord said, “Behold, these are they who died without law” (Doctrine and Covenants 76:72). While at first glance this statement might appear fully understandable to a casual reader, in reality, it is not. A discussion of the important aspects of this pronouncement is the subject of this writing. At least three identifiable groups of our spirit siblings may live upon this earth and die without coming under the confines of the law: those who die before the age of accountability, those who live at least to the age of accountability and are mentally disabled, and lastly, those who live to become accountable but are not judged to have heard the law. Which kingdom of glory they will inherit depends upon individual circumstances.
The Lord revealed to the Prophet Joseph Smith in the undedicated Kirtland temple that “all children who die before they arrive at the years of accountability are saved in the celestial kingdom of heaven” (D&C 137:10). Lest there be any misunderstanding as to the age the Lord had in mind, it appears that age eight has been the threshold to accountability since ancient times. To Abraham, He said, “And I will establish a covenant of circumcision with thee, and it shall be my covenant between me and thee, and thy seed after thee, in their generations; that thou mayest know for ever that children are not accountable before me until they are eight years old” (Genesis 17:11 JST). In this dispensation, the Lord revealed the applicable law. “For this shall be a law unto the inhabitants of Zion, or in any of her stakes which are organized. And their children shall be baptized for the remission of their sins when eight years old, and receive the laying on of the hands” (D&C 68:26-27). So it is clear that all children who die before the age of accountability and thus do not fall under the law will inherit the celestial and not the terrestrial kingdom.
The second group for consideration here are those individuals who live beyond the age of accountability, but who are so mentally impaired that the Lord considers them to be unaccountable. Mormon wrote in his first epistle to his son, Moroni, “For behold that all little children are alive in Christ, and also all they that are without the law. For the power of redemption cometh on all them that have no law; wherefore, he that is not condemned, or he that is under no condemnation, cannot repent; and unto such baptism availeth nothing” (Moroni 8:22). The applicable words here are “and also all they that are without the law.” The Lord affirmed this principle in our dispensation when He said, “And, again, I say unto you, that whoso having knowledge, have I not commanded to repent? And he that hath no understanding, it remaineth in me to do according as it is written” (D&C 29:49-50). So again it is clear that those individuals who are judged to be unaccountable because of their limited mental capacity are treated the same as those children who died before the age of eight. They will inherit the celestial kingdom. Confirmation of this scriptural interpretation is found in the writings of Elder Joseph Fielding Smith. “Therefore the Church of Jesus Christ of Latter-day Saints considers all deficient children with retarded capacity to understand, just the same as little children under the age of accountability. They are redeemed without baptism and will go to the celestial kingdom of God, there, we believe, to have their faculties or other deficiencies restored according to the Father’s mercy and justice” (Answers to Gospel Questions III:21).
Those who die after reaching the age of accountability and are judged as not having had an opportunity to accept the gospel while in this life make up the final group for our consideration here. At the time of death, these individuals are directed to a “spirit prison” where they dwell separated from the righteous dead. There, the gospel is preached to them, and they exercise their agency in accepting or rejecting the message. This opportunity to accept the gospel is necessary in order “that they might be judged according to men in the flesh” (D&C 76:73). The reference here is to those who live in a time and place such that they have an opportunity to hear the gospel message while in mortality.
Joseph Smith taught that “neither Jew nor heathen can be culpable for rejecting the conflicting opinions of sectarianism, nor for rejecting any testimony but that which is sent of God, for as the preacher cannot preach except he be sent, so the hearer cannot believe without he hear a ‘sent’ preacher, and cannot be condemned for what he has not heard, and being without law, will have to be judged without law. When speaking about the blessings pertaining to the Gospel, and the consequences connected with disobedience to the requirements, we are frequently asked the question, what has become of our fathers? Will they all be damned for not obeying the Gospel, when they never heard it? Certainly not. But they will possess the same privilege that we here enjoy, through the medium of the everlasting Priesthood, which not only administers on earth, but also in heaven [by preaching the gospel to them] in prison . . . in order that they might fulfill all the requisitions of God. . . .” (Teachings 221-222).
Thus those who live on earth without the opportunity to partake of the gospel’s blessings are taught the gospel in spirit prison. If they accept the gospel, they will be judged in the same manner as those who heard the gospel while in the flesh. The Lord revealed to Joseph Smith that “All who have died without a knowledge of this gospel who would have received it if they had been permitted to tarry, shall be heirs of the celestial kingdom of God” (see D&C 137:7-9). Moreover, after they have accepted the gospel and their ordinance work consisting of baptism and confirmation has been completed by proxies for them on the earth, they will be ushered from their place in spirit prison into paradise to join with the righteous who are already there. “. . . Every man that has been baptized and belongs to the kingdom has a right to be baptized for those who have gone before; and as soon as the law of the Gospel is obeyed here by their friends who act as proxy for them, the Lord has administrators there to set them free” (Teachings 367).
In the final analysis then, the only ones of God’s spirit children who will inherit the terrestrial kingdom because they “died without law” are those who when given the opportunity to accept the gospel reject its blessings, and they will be not a few.
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