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The
purpose of this essay is to provide an overview of the many issues
and questions surrounding the historicity of the trial(s) of Jesus
Christ as presented in the Gospels.
Study
Limitations
We will
focus here only on what is directly relevant to the arrest and trial
of Jesus, beginning with (marginally) the intentions of the Jewish
leaders and ending with the leading away to the Crucifixion. We will
exclude, except where tangently related:
- The Last Supper;
- The motivations of Judas;
- The fate of Judas after the arrest;
- Events in the Garden of Gethsemane prior to the arrest of
Jesus; and,
- Peter's denial of Christ.
The
Gospels, of course, are our primary sources for the trials of Jesus.
An immediate objection raised by Skeptics is a simple one - where
did the evangelists get their information from? The Apostles were an
obvious source: John is noted to have accompanied Peter. But even
so, that still leaves the question of sources open. Let's run down
the possible answers and objections to them:
a)
Jesus Himself filled the disciples in after the Resurrection. We
consider this to be the most likely answer. Jesus was with the
disciples for 40 days after the Resurrection - plenty of time to
relate the sundry details of what happened once the more theological
stuff was out of the way. And certainly, Peter would want to know what his
Lord had been put through as he was waiting anxiously in the
courtyard.
More
specifically, there is good reason to say that the events of the
trial probably were told to the disciples by Jesus -- it would serve
perfectly as a vehicle for His teaching. He was always describing
what would happen to Him, and He could very easily have used the
historical details as the "I told you so...", in a way analogous to
the discussion with Cleopas et al on the Road to Emmaus. Jesus was
big on the fulfillment of prophecy -- cf. John 18.15 -- AS IT
HAPPENED, before it happened, and after it happened. In point of
fact, the accounts of the Passion, the earliest materials of the
gospels probably recorded, contain much of this material. This
pattern of narrative-interspersed-with-theological-explication was
adopted by the evangelists as a METHOD, and hence could easily be
seen as deriving from Jesus as paradigm-teacher. If Jesus related
His Passion in this way, it would certainly explain how the
disciples picked up that practice. And the Passion story, as the
earliest, is the closest to the mouth of Jesus, and thus the least
susceptible to embellishment. Also, remember that Jesus was
consistently explaining His words and actions to the disciples in
private afterwards -- so why would He not do it in this case? To
simply dismiss the possibility of Jesus filling in His disciples on
the trial afterwards as "fruits that naive faith can yield"
[Fric.CMJ, 196] is presumptuous at best and circular reasoning at
the worst. Certainly within the Christian paradigm, this cannot be
dismissed as a possibility, if indeed as a likelihood.
However,
even allowing that Jesus might not have given such an account to his
disciples - which we would note as the best, and most parsimonious,
explanation - other witnesses were possible, who might also have
added to the mix:
b) An
account of events could also have come from Sanhedrin delegates
friendly to Jesus - at a minimum, Joseph of Arimathea and
Nicodemus. There may also have been other members of the
Sanhedrin who became well-disposed towards Christianity, but these
two were really all that were needed. And for the trial before
Pilate - well, if Joseph had the will to ask for Jesus' body, why
not also the will to ask what happened from Pilate himself?
Skeptics
say little against this possibility. Carmichael [Carm.DJ, 34; see
also Carm.UCO, 87] can only offer in reply that:
...only a pious apologist could resort to this;
it was never thought of by the Gospel writers themselves.
Fricke
[Fric.CMJ, 106], only slightly more realistic in his viewpoint,
admits to the "possibility" of using Joseph as a source, but objects
that Joseph is:
...mentioned only in connection with Jesus'
burial. He is never cited as a reporter on the trial (which would
have been a key role) and has no significant part in the
Gospels.
Carmichael's commentary against the "pious" aside, I
hardly see any reason here to deny that Joseph or Nicodemus could
have been sources of information. Ancient writers saw no obligation
to reveal their sources; hence we would hardly expect Matthew or
Luke to say, "I got this information from Joseph of Arimathea." It
would be a mistake to do as Carmichael and Fricke have done, and presume 20th-century standards of source citation
upon first-century writers. I would maintain
that Nicodemus provided a great deal of information for the Gospel
of John. Some may suggest that it is an argument from silence
either way as to whether Joe and Nick were at the trial; but
actually, since it is indicated by Luke that Joseph did not agree with
the course of action taken by the Sanhedrin, it is likely either
that he WAS present, or else had someone reporting things to
him.
And
finally:
c)
Minor sources. We may suggest any number of people as sources
for tidbits of information. Jeremias [Jerem.NTT, 267] suggests
gossip from observers of the trials as a source. Brooks [Broo.Mk, 241] suggests servants or assistants of the Sanhedrin. Luke 8:3
notes that Joanna, wife of the manager of Herod's household, was in
Jesus' group; she may well have had access to certain information.
Other possibilities include guards and other prisoners (perhaps
Barabbas himself?), attendants of Pilate, and priests who converted
after the resurrection (Acts 6:7, 15:5).
Wherever
the data came from, however, what is more important is: Do the trial
scenes reflect reality adequately, which would support the idea that
eyewitnesses are in some measure responsible for the Gospel
accounts? Here we get into even meatier issues, and we will enter
upon the particulars
shortly.
Gospel Perspectives
It is a
habit of some critics to treat the Gospel accounts with an overly
critical eye, and make an much over the fact that they
do not reveal the information that they desire. Carmichael [Carm.DJ,
40; Carm.UCO, 92] objects to "the extreme barrenness of the
information given" and the "lack of precision" in the trial
accounts. It is not so barren, however, that he is unwilling to
postulate a "Jesus as revolutionist" scenario based on some rather
wild speculations. Fricke [Fric.CMJ,
178] meanwhile, goes to the opposite extreme, saying of the
many "errors" he finds in the trial accounts:
(The evangelists) expected their public to be
unfamiliar with the Jewish law and thus be prepared to accept the
misrepresentation unreservedly.
I find
this highly ironic. Fricke is either saying here that a) the
evangelists WERE familiar with Jewish law, but filed false reports
of it nonetheless because they knew their audience was too stupid to
know better; or, b) they were NOT familiar with Jewish law, and
neither were their readers; and in either case, no one caught them
at it. For a), one wonders, if they
were indeed familiar with Jewish law, why they did not give us
reports that were "correct". As for b), Fricke is obviously unaware
of the fact that Jerusalem/Judean and Diaspora Jews were among those
whom the NT was addressed to - and at least some of those were
certainly familiar with the subtler precepts of Jewish law,
especially considering the emphasis placed in Judaism upon learning
specifics of interpretation. They would be suspicious at once if
they could not make sense out of even the bare-bones account of the
Sanhedrin action.
But the
question remains: Is it truly realistic and reasonable to expect the
kind of certitude that Carmichael implicitly demands from the Gospel
writers? Quite frankly, no. As part of our answer, it will be
necessary to briefly recap some of the material we have used in this
article relative to Gospel authorship - for understanding WHO
wrote the trial accounts is a key to understanding WHY they were
written as they were.
We
presume, based on data presented in the just-linked article, that
the following represents the authorship and purpose of each Gospel,
other than as ancient biographies (bioi):
Matthew
- by the Apostle and tax collector; formulated as a teaching
gospel
Mark -
by the secretary of Peter; based on Peter's preaching
Luke -
by the companion of Paul; intended as a historical
document
John -
by the Apostle; a kerygmatic and missionary presentation
Now with
these things in mind, it should be asked: Which of these accounts
would be expect to be done best, according to the standards of
historical reportage? Obviously, the answer is Luke: As he has been
reckoned worthy as a historian, we expect the most accurate
representation of chronology from him.
On the
other hand, Matthew and Mark - one being a teaching aid, the other
being a reporting of the teaching and preaching of Peter - we may
well expect to take illustrative liberties with their information.
And this, note well, is not counter to the notion of inerrancy; for
understanding the purposes of these writers is essential to
understanding why what they report is NOT in error, where Skeptics
presume them to be. Relative to the trial accounts, let's look at an
example.
Many
critics assume that Matthew and Mark report a nighttime meeting of
the Sanhedrin and from there make certain deductions about the
historicity of the report itself (see below). Let's look at an
extended sample from Matthew to understand why:
Those who had arrested Jesus took him to
Caiaphas, the high priest, where the teachers of the law and the
elders had assembled. But Peter followed him at a distance, right
up to the courtyard of the high priest. He entered and sat down
with the guards to see the outcome. The chief priests and the
whole Sanhedrin were looking for false evidence against Jesus so
that they could put him to death. But they did not find any,
though many false witnesses came forward. Finally two came forward
and declared, "This fellow said, 'I am able to destroy the temple
of God and rebuild it in three days.'" Then the high priest stood
up and said to Jesus, "Are you not going to answer? What is this
testimony that these men are bringing against you?" But Jesus
remained silent. The high priest said to him, "I charge you under
oath by the living God: Tell us if you are the Christ, the Son of
God." "Yes, it is as you say," Jesus replied. "But I say to all of
you: In the future you will see the Son of Man sitting at the
right hand of the Mighty One and coming on the clouds of heaven."
Then the high priest tore his clothes and said, "He has spoken
blasphemy! Why do we need any more witnesses? Look, now you have
heard the blasphemy. What do you think?" "He is worthy of death,"
they answered. Then they spit in his face and struck him with
their fists. Others slapped him and said, "Prophesy to us, Christ.
Who hit you?"
Now Peter was sitting out in the courtyard, and a
servant girl came to him. "You also were with Jesus of Galilee,"
she said. But he denied it before them all. "I don't know what
you're talking about," he said. Then he went out to the gateway,
where another girl saw him and said to the people there, "This
fellow was with Jesus of Nazareth." He denied it again, with an
oath: "I don't know the man!" After a little while, those standing
there went up to Peter and said, "Surely you are one of them, for
your accent gives you away." Then he began to call down curses on
himself and he swore to them, "I don't know the man!" Immediately
a rooster crowed. Then Peter remembered the word Jesus had spoken:
"Before the rooster crows, you will disown me three times." And he
went outside and wept bitterly.
Early in the morning, all the chief priests and
the elders of the people came to the decision to put Jesus to
death.
The
presumption is that Matthew (and Mark) reads events as follows:
-
Jesus was taken to Caiaphas.
-
The whole Sanhedrin was assembled, and tried Jesus,
finding him guilty.
-
Peter, standing outside, denied Jesus three times.
-
In the morning, the Sanhedrin met again, deciding on a
sentence.
From this many deductions are made - but I daresay that they
are the result of misunderstanding the purposes of Matthew and Mark.
We will explain that in a moment; first, let's look at the relevant
selection from Luke:
Then seizing him, they led him away and
took him into the house of the high priest. Peter followed at a
distance. But when they had kindled a fire in the middle of the
courtyard and had sat down together, Peter sat down with them. A
servant girl saw him seated there in the firelight. She looked
closely at him and said, "This man was with him." But he denied
it. "Woman, I don't know him," he said. A little later someone
else saw him and said, "You also are one of them." "Man, I am
not!" Peter replied. About an hour later another asserted,
"Certainly this fellow was with him, for he is a Galilean." Peter
replied, "Man, I don't know what you're talking about!" Just as he
was speaking, the rooster crowed. The Lord turned and looked
straight at Peter. Then Peter remembered the word the Lord had
spoken to him: "Before the rooster crows today, you will disown me
three times." And he went outside and wept
bitterly...
The men who were guarding Jesus began
mocking and beating him. They blindfolded him and demanded,
"Prophesy! Who hit you?" And they said many other insulting
things...
This looks to be a different order of events from Matthew
and Mark - is there a contradiction here? No, not really: We must
realize that Matthew and Mark, because their purpose is to TEACH
converts to the Gospel, have purposely juxtaposed the events of
Peter's denial in order to act as a comparison to the "good
confession" made by Christ. Historical order, then, was of secondary
importance to theology [Bamm.TJ, 55-6]
- which, we stress, is NOT to say that history was invented for
the purpose, which is another assertion entirely. Mark in
particular uses what is called a "sandwich" technique in which
pericopes are arranged with the purpose of filling spaces of time -
and this is exactly what was done with Peter's denial in the trial
narrative. He may also have arranged the material in that manner for
a doubly ironic effect: In Mark 14:65, Jesus is mocked as a prophet
because of a prediction He made [re the Son of Man coming on the
clouds] in 14:62; but then, 14:66-72 demonstrates the fulfillment of
His prediction of Peter's denial in 14:30. This establishes an
irony: At the same time that Jesus is being mocked as a prophet, one
of His prophecies is coming to pass - see Sloy.JT, 47; Juel.MTm,
71.)
Finally, let us understand a further limitation: Despite
Fricke's implications, we may not assume that the Gospel writers in
question - not even Luke - was by any means intimately familiar with
the detailed procedures of Jewish or Roman justice, or if they were,
that they had a need or an interest in making sure that their
accounts were technically correct. Just as today, the average person
would hardly know the technical difference between an evidentiary
hearing and a full-fledged trial, so it is that the Gospel writers
could hardly be expected to have and/or report an intimate
familiarity with the legal technicalities of the prosecution of
Jesus. They reported what they saw and heard, or perhaps what they
thought their readers would understand. Hence, it is no surprise
that we, also lacking understanding and knowledge, may receive
incorrect impressions from their reports - as for example Winter
does [Wint.TJ,
26] , when he says of the writer of Mark's Gospel:
...it was the purpose of the writer of
Mark 14:64b to assert that a formal sentence of death had been
passed by the entire Jewish Senate.
However, we will find that it is the reliable historian
Luke, along with John, who present us with the most accurate
technical picture, as we shall see below - and this is recognized by
Catchpole: "...it is in the Luke-John tradition of the trial of
Jesus that material of high historical value may be found..." [Bamm.TJ, 65;
see also
Sloy.JT, 73] . This is not to say that Mark and Matt are ahistorical; they
should simply be understood in purpose/context and within the
limitations of the writers, and it should not be assumed that they
are asserting something which they do not state directly and
precisely. Mark and Matt may well have perceived of some formal
action taking place; but barring a technical legal description, we
have no right to interpret the proceedings under the standard of
being technically, "correctly" reported in a way that would satisfy
a legal expert. The admonition of Wilson [Wils.ExJ,
114] is quite relevant here:
We attempt the impossible when we try to
transform these first Christians into modern-day court reporters
who can satisfy our curiosity on every legal
point.
Similarly, speaking only of Mark's Gospel - though we would
say this of ALL the Gospels to varying degrees - Sanders[Sand.HistF,
265] warns that it cannot be read "in a very precise way, as if
it were a court-recorders' transcript." Bottom line: The Gospel
writers may well not have understood the significance of every word
and every action in the proceedings as they received them, just as
we may not understand the importance of every word or deed in a
courtroom today. (Witness the extensive coverage of the cataloging
of evidence in the first O. J. Simpson trial. Obviously some television and
radio producers thought it would be exciting.) So, we should not place any unreasonable demands upon the
Gospel accounts by any means, and then draw outrageous conclusions
from our own faulty
presuppositions.
Anti-Semitism?
One of
the most difficult issues to approach in this area is the historic
anti-Semitism that has been unjustly derived from the Gospel
accounts. Needless to say, the Christian church has a great deal
historically to answer for in this regard. Crossan [Cross.WKJ,
ix] , for example, makes note of a Passiontide ceremony of the
9th through 11th century, "in which a Jew was brought into the
cathedral of Toulouse to be given a symbolic blow by the count - an
honor!" (On the other hand, Crossan, rather strangely, observes: "No
Roman, one notices, was accorded a like honor." May we ask where
9th-11th century Europeans would find an ancient Roman?) And Fricke [Fric.CMJ,
viii]:
Whenever 'Christians' gave vent to their hatred
of Jews, they cited the Gospels - those of Matthew and John in
particular - in support of their actions.
Fricke
has rightly put the word "Christians" in quotes - for no true
believer could derive anti-Semitism from what are, after all, the
most Jewish of the Gospels.
So we
come down to this: Is the anti-Semitic view grounded in a correct
reading of the NT, or is it merely the invention of those who wish
to justify their own previously-held anti-Semitism? Evidence
indicates strongly that it is the latter. Glenn Miller has performed
an analysis of this question which we will draw upon, though we
shall not delve too deeply into the issue - which would require
writing another essay entirely. The net of the data is: 1) Both the
content of Scripture, and its cultural context, demonstrate that
justification for anti-Semitism is no more found in the NT generally
or the trial accounts specifically, than is justification for racism
or any other sin of your choice; 2) Responsibility for the death of
Jesus is placed upon, in order - a) the Jewish leadership; b)
Jerusalemite Jews, in particular, the crowd before Pilate; c) Pilate
and Herod.
Who
Killed Jesus?
Let's go
straight to the horse's mouth. Who does the NT say killed Jesus?
Miller cites the following verses as evidence:
•Matt 27.1 - "all the chief priests and the
elders of the people came to the decision to put Jesus to death".
(Matthew)
•Lk 23.13-20 - "the chief priests, the rulers and
the people," (Luke)--obviously not ALL the people; just the
'crowd'
•Acts 2.36(w 14) - "Fellow Jews and all of you
who live in Jerusalem," (the apostle Peter)
•Acts 10.39 - "We are witnesses of everything he
did in the country of the Jews and in Jerusalem. They killed him
by hanging him on a tree (Peter)
•I Thess 2.14 - You suffered from your own
countrymen the same things those churches suffered from the Jews,
15 who killed the Lord Jesus and the prophets and also drove us
out. (Paul)
•Acts 13.27 - The people of Jerusalem and their
rulers did not recognize Jesus, yet in condemning him they
fulfilled the words of the prophets that are read every Sabbath.
28 Though they found no proper ground for a death sentence, they
asked Pilate to have him executed. (Paul) Notice 'people' is
restricted to those in Jerusalem who asked for the execution--the
'crowd' again.
•Mt 26.3 - Then the chief priests and the elders
of the people assembled in the palace of the high priest, whose
name was Caiaphas, 4 and they plotted to arrest Jesus in some sly
way and kill him. (Matthew)
•Mt 27.1,20 - But the chief priests and the
elders persuaded the crowd to ask for Barabbas and to have Jesus
executed. (Matthew)
•Acts 5.27 - Having brought the apostles, they
made them appear before the Sanhedrin to be questioned by the high
priest. 28 "We gave you strict orders not to teach in this name,"
he said. "Yet you have filled Jerusalem with your teaching and are
determined to make us guilty of this man's blood." 29 Peter and
the other apostles replied: "We must obey God rather than men! 30
The God of our fathers raised Jesus from the dead -- whom you had
killed by hanging him on a tree. (Peter, accusing the Sanhedrin--a
mixed priestly and lay aristocratic ruling body)
To these
we may also add:
Luke 13:33-4 In any case, I must keep going today
and tomorrow and the next day--for surely no prophet can die
outside Jerusalem! "O Jerusalem, Jerusalem, you who kill the
prophets and stone those sent to you, how often I have longed to
gather your children together, as a hen gathers her chicks under
her wings, but you were not willing!
Weatherly [Weath.JwLKA,
55] observes here that Jerusalem "is named not only as the site
of the deaths of the prophets but is personified as the agent of
those deaths." In line with a standard practice of depiction of
opponents, a city is named in its entirety as the foe - even though
not every person, indeed not necessarily a majority, was the actor
in the case. An example of this is found in a source we have seen
elsewhere: the Mara Bar-Serapion letter [see here].
Note that Mara pins the consequences of Socrates' death on ALL of
Athens, without qualification; the consequences of Pythagoras' death
on ALL of Samos, again without qualification; and the death of Jesus
on ALL Jews - again without qualification, and going much farther
than the NT writers did in that regard.
Now
although some of these verses are very precise in where the blame is
to be fixed, time and again, here and elsewhere, we see this phrase
"the Jews" pop up - this is a key to our understanding, so it should
be looked at further, for it has the appearance, to our eyes, of a
blanket condemnation of all
Jews.
Who
Are "The Jews"?
From the
data, Miller concludes that responsibility for the death of Jesus is
pinned upon the leadership--both civil and religious-- of Jerusalem.
But wait! some may cry. What about those many reference to "the
Jews" in the Gospel of John and elsewhere, saying, the Jews did this
or that, and were eventually responsible for what happened to Jesus?
Does that not indicate a broad brush of the entire Jewish people? Or
as Fricke [Fric.CMJ, 124] cries, citing John 8:44 -
To John not only is Judas a devil, but all Jews
are the devil's offspring.
Actually, Fricke is badly misreading the text here;
Jesus is clearly speaking to rather a small group of people! They
are indeed referred to as "the Jews" - but what does this phrase
mean? The evidence indicates that "the Jews" does mean all of the
Jewish people - and does not, depending on the context! Again, we
start with Miller's data:
The term "Jews" can refer to either the
leadership (strictly) OR to the people (more generally)
1.The data indicates that 'Jews' referred to
something broader than the simple 'corrupt temple
hierarchy':
•in John 1.19,24 - the Jews 'sent' the religious
leaders to discover what was going on
•a comparison of John 18.14 with 11.49 indicates
that Jews referred to the Sanhedrin (generally considered to be a
group composed of the priestly aristocracy and lay nobility)--see
ZPEB, "Sanhedrin".
•Luke 23.13 ("Pilate called together the chief
priests, the rulers and the people") and Mt 26.47 ("sent from the
chief priests and the elders of the people")show that the 'rulers'
involved with distinct from the 'priests'.
•Conclusion: "Jews" in a leadership sense, was
broad enough to include the lay aristocracy.
2.Many of the "Jews" became believers--Jn 11:45
and 12.11 3.There are numerous passages that indicate that the
"Jews" were DISTINCT FROM the common people (many of whom accepted
Christ as their messiah):
•John 7. 13 (But no one would say anything
publicly about him for fear of the Jews.)--the common folk were
afraid of the "Jews" (=> NOT THE SAME)
•John 9.22 (His parents said this because they
were afraid of the Jews, for already the Jews had decided that
anyone who acknowledged that Jesus was the Christ would be put out
of the synagogue.)
•John 12.12 -- the Triumphal Entry -- the crowd
accepted him!
•Mt 23.37 ("O Jerusalem, Jerusalem, you who kill
the prophets and stone those sent to you, how often I have longed
to gather your children together, as a hen gathers her chicks
under her wings, but you were not willing.) - the difference
between the leadership ("you") and the people ("your children").
•John 2.23 - (Now while he was in Jerusalem at
the Passover Feast, many people saw the miraculous signs he was
doing and believed in his name.)
•John 7.25 - (At that point some of the people of
Jerusalem began to ask, "Isn't this the man they are trying to
kill? 26 Here he is, speaking publicly, and they are not saying a
word to him. Have the authorities really concluded that he is the
Christ?)--Note the difference between the 'people of Jerusalem'
and the 'authorities'.
3.The data is VERY strong that when the term
"Jews" is used of the PEOPLE, it is a good (or at least, neutral)
term--indicating that it is not a 'racial/ethnic' slur, but a term
used for specific identification (in context) of that ruling
community that violently rejected their King.
•John 4.22 - Jesus affirms: "You Samaritans
worship what you do not know; we worship what we do know, for
salvation is from the Jews."
•John 12.9-11 - ( Meanwhile a large crowd of Jews
found out that Jesus was there and came, not only because of him
but also to see Lazarus, whom he had raised from the dead. 10 So
the chief priests made plans to kill Lazarus as well, 11 for on
account of him many of the Jews were going over to Jesus and
putting their faith in him.)
•Mt 27.11 - ( Meanwhile Jesus stood before the
governor, and the governor asked him, "Are you the king of the
Jews?" "Yes, it is as you say," Jesus replied.)
•Acts 2.5, 14 - (Now there were staying in
Jerusalem God-fearing Jews from every nation under heaven.) and
(Then Peter stood up with the Eleven, raised his voice and
addressed the crowd: "Fellow Jews and all of you who live in
Jerusalem,)
•Acts 14.1 - (At Iconium Paul and Barnabas went
as usual into the Jewish synagogue. There they spoke so
effectively that a great number of Jews and Gentiles believed. 2
But the Jews who refused to believe stirred up the Gentiles and
poisoned their minds against the brothers.) - NOTE: BOTH usages
(hostile leadership, believing people) present in the SAME
passage.
•Acts 21.20 - (Then they said to Paul: "You see,
brother, how many thousands of Jews have believed, and all of them
are zealous for the law.) .So, how did the term 'JEWS' get
expanded from solely a reference to the people (a la Ezra, Neh) to
pick up a SECOND meaning of 'hostile leadership'?
•The NT shows the development of the term to
parallel Paul's experiences with hostile Jewish leadership OUTSIDE
Jerusalem! (And these experiences were such that the hostile
leadership had much more 'control' over the general Jewish
populations--due to the smaller numbers). The "Jews" (hostile
leadership) swayed the "Jews" (the people at large)--as well as
the Gentiles (see Acts 14 above!)-- against Paul's message. But
the culpable ones were the former.
•There is absolutely NO evidence within the NT to
suggest that the term was IN ANY WAY related to a general
anti-Semitism of the Roman empire! (It is serious conjecture to
'read in' some Roman anti-Semitism in NT
passages).
>•And, even as Paul experienced the hostility of
the dispersed leadership, even then many 'Jews' believed (Act
17:12 - Now the Bereans were of more noble character than the
Thessalonians, for they received the message with great eagerness
and examined the Scriptures every day to see if what Paul said was
true. 12 Many of the Jews believed, as did also a number of
prominent Greek women and many Greek men.)
•This general motif of the "Jews" (hostile
aristocratic leadership) constraining the "Jews" (the general
Jewish populace) from their experience of God's goodness is a
surprisingly dominant theme in the teachings of Jesus:
•Mt 23: 37 - ("O Jerusalem, Jerusalem, you who
kill the prophets and stone those sent to you, how often I have
longed to gather your children together, as a hen gathers her
chicks under her wings, but you were not willing. 38 Look, your
house is left to you desolate.")
•Mt 23: 15 - ("Woe to you, teachers of the law
and Pharisees, you hypocrites! You travel over land and sea to win
a single convert, and when he becomes one, you make him twice as
much a son of hell as you are.)
•Mt 23: 13 - ("Woe to you, teachers of the law
and Pharisees, you hypocrites! You shut the kingdom of heaven in
men's faces. You yourselves do not enter, nor will you let those
enter who are trying to.) is worth noting that John's gospel is
deliberately evangelistic, and the general trend of scholarship
today is to view his intended audience as not just Jews, but
SPECIFICALLY the Jews of the Diaspora--the ones Paul used the
terms "JEWS" on so strongly!
As Carson notes in his Intro to the New
Testament, p 171.:
The constant allusions to the Old Testament show
that John's intended readership is biblically literate; his
translation of Semitic expressions (e.g., 1:38, 42; 4:25; 19:13,
17) shows he is writing to those whose linguistic competence is in
Greek. His strong denunciation of the "the Jews" cannot be taken
as a mark against this thesis: John may well have an interest in
driving a wedge between ordinary Jews and (at least) some of their
leaders. The fourth gospel is not as anti-Jewish as some people
thin anyway: salvation is still said to be "from the Jews" (4.22),
and often the referent of "the Jews" is "the Jews in Judea" or
"the Jewish leaders" or the like. "Anti-Semitic" is simply the
wrong category to apply to the fourth gospel: whatever hostilities
are present turn on theological issues related to the acceptance
or rejection of revelation, not on race. How could it be
otherwise, when all of the first Christians were Jews and when, on
this reading, both the fourth evangelist and his primary readers
were Jews and Jewish proselytes?
Conclusions:
1.When "Jews" is used of the hostile aristocratic
leadership, it is appropriate and truthful to ascribe the primary
responsibility (see John 19:11 for the relative roles of Pilate
and the High Priest - "Jesus answered, "You would have no power
over me if it were not given to you from above. Therefore the one
who handed me over to you is guilty of a greater sin.") for His
execution to them.
2.When "Jews" is used of the general populace, it
is used in a VERY POSITIVE sense (and in some passages, in a
neutral sense), but is NEVER used in an 'anti-Semitic' slur.
3.THEREFORE--to assert that John (and the wider
Christian community) attributed the death of Jesus to the GENERAL
POPULACE known as "Jews" is FUNDAMENTALLY MISTAKEN; and that to
accuse certain first-century Jews of being 'anti-Semitic' because
of some general Roman cultural trend is entirely without
foundation.
To this
we may add the following observation:
4. This
usage is NOT limited to the writers of the NT. Josephus regularly
uses the phrase, "the Jews" - and he uses it in much the same way:
"absolutely or with modifiers which suggest a general reference in
context, where the reference is clearly to specific groups of Jews."
[Weath.JwLKA, 110 - see pages following for a catalogue of
examples.] In addition, Malcolm Lowe, in his article "Who Were the
Juduaio?" (NovT XVIII, 101ff) shows that the term "the Jews"
was used primarily to refer to persons who were inhabitants
of the region of Judaea, so that "the Jews" is no more of a slur
than "the Bostonians" or "the Creatans". The phrase was only used
secondarily as a religious reference, but then only in opposition to
Gentiles. Lowe finds only a small number of places in the NT
where "the Jews" is such a religious reference; one, Luke 7:3, is so
because Luke has elsewhere used "elders of Israel" to refer to the
Sanhedrin.
The
Scriptures, then, place no blame on Jews as a people for the
execution of Jesus. And even then, history shows that the actions of
the Jewish leadership can be blamed indirectly on the Romans. Rivkin
[Rivk.WCJ, 118] points out that the high priest was appointed not as
a descendant of Aaron, as the law required, but by the Romans. The
institutions of government at the time of Jesus, in that place, were
in direct opposition to the requirements of the Law. Thus, Rivkin:
The political climate created revolutionaries; and "...it emerges
with great clarity, both from Josephus and the Gospels, that the
culprit is not the Jews, but the Roman imperial system." [ibid.,
117] Concerns in this area should focus not on the Gospel writings,
but on their misinterpretations which continue to this day - with
some racist and anti-Semitic groups going as far as turning Jesus
into an Irish monk or into the perfect Aryan.
Judea
vs. Rome
Two
related questions that come up are: Aren't the Gospels, and
particularly the trial accounts, a polemic against Judaism, and
therefore anti-Semitic? And why is there not a polemic against Rome,
since it was the Romans who crucified Jesus; indeed, why is Rome
cast in such a positive light, since Rome too persecuted
Christians?
The
Gospels are, indeed, in some ways a polemic against the claims of
Judaism against Christianity; but this does not equate with
anti-Semitism. But let's answer the second question first, drawing
again upon groundwork laid by Miller.
1. For the earliest Christians, Rome was NOT a
specific antagonist. Rome was the antagonist of ALL the
Jews--Christians included, esp. in Palestine. The Christian 'sect'
in Judaism wasn't isolated from Judaism until the temple prayers
were changed at the end of the 1st century (the 12th of the 18
benedictions, cursing "Nazarenes").
2. Christians were not singled out for
persecution in Rome until the Neronian times (64 ad.), LONG AFTER
the oral traditions of the Synoptics would have included the
Pilate-passages.
Let me
add here: The lack of polemic against Rome can be taken as evidence
that the Gospels were composed relatively early. (See link above.)
3. The accounts of Pilate's wavering,
capitulating to the crowd, and ultimately releasing a known
insurgent (i.e. Barabbas) could hardly be construed as a favorable
account for Rome!
We hold
a slightly different view of what Pilate did here (see below). Even
so, it is not much more complimentary to Rome.
4. The next generation of early Christians, who
experienced many of the persecutions, had NO QUALMS about pointing
the finger at Rome. For example, Clement of Rome and Ignatius were
VERY EXPLICIT in the details of the Roman persecution of
believers.. All the later data we have about Roman officials and
actions in the Book of Acts certainly doesn't support this
whitewashing argument. Felix and Festus are certainly not
presented in the best of light, and the treatment of Paul at the
hands of Roman officials (Act 16:22,37) is hardly
complimentary!
I'll add
here that the story of the conversion of the centurion Cornelius
would probably serve to make the Romans angry also, even if it is
regarded as fictional. How presumptuous that would seem!
And, in all candor, the average 'pagan neighbor'
of the day did NOT identify that much with Roman authorities
ANYWAY. They generally could have cared less about 'who killed
Jesus'...the issue for all of them was their personal situation
and need.
But
then, what of the Gospels as an "anti-Jewish" polemic? The reason
for this is actually quite simple: It is because one of the major
stumbling blocks for early Christianity was the problem of a Jewish
Messiah that very few Jews believed in. Christianity in its early
days HAD to focus on those who provided the main objections to the
faith, both implicitly AND explicitly. The implicit rejection of the
supposed Jewish Messiah, and the explicit arguments made by Jewish
citizens and leaders against Christianity, must surely have been
cause for consideration among potential Gentile converts. The
evangelists were doing nothing more than addressing the arguments
that would inevitably be addressed to
them.
Revisionism
We have
thus shown that there is no cause for anti-Semitism found in the
Gospels. However, our age of political correctness has brought about
some peculiar permutations, thanks to the idea that the
Gospel accounts generally, and the trial accounts particularly, are
anti-Semitic. Cohn [Cohn.TDJ, 89, 114, 134], for example, adopts the
outlandish premise that the Jewish leadership LOVED Jesus (!) and
was trying to save Him from the Roman death penalty. To that end,
the Jewish police asked for and received permission to accompany the
Roman arresting party (which would run counter to everything we know
about the Roman praxis) and took Jesus into custody in order to see
if He could be saved. But their efforts failed when Jesus would not
shut up about His messianic claims, and so Caiaphas rent his
garments in despiar over not being able to save Jesus from His
execution. Such historical revisionism is as outrageous as that
used by anti-Semites to justify their own perversions.
On the
other hand, it also seems that anti-Semitism is not a necessary base
for entering into historical revisionism. Crossan [Cross.WKJ, 84]
rejects nearly all
semblance of historicity in the trial accounts, and asserts that
"the trial of Jesus was first created by historicization of Psalm
2." In other words, the Christians simply searched the Scriptures
for relevant stuff and tailor-made history to what they read. We are
obliged to wonder, given Crossan's questionable methodologies and
assumptions and the fact that he rarely deigns to address matters of
historical realism, whether it is not HE who is "creating history"
by inventing, without a shred of evidence, Scripture-searching
Christians who engaged in historical revisionism of their
own.
James Still does not
cite anti-Semitism, but he does engage in some radical revisions and
interpretations to maintain that Jesus was the Hebrew equivalent of
Timothy McVeigh. He concludes in his essay on this topic:
We can
safely conclude at this point that Jesus was indeed supportive of
the Zealot movement if not in deed, then certainly in principle.
If Jesus were seeking the throne as the evidence suggests, he
would have enlisted the aid of the militant Zealots. Also his
actions as a claimant to the throne of Israel--which surely would
have involved a rEBellion of some sort for the Romans were not
likely to cede authority quietly--made him guilty of sedition
against Rome. Jesus was a patriot for the restoration of Israel.
His motives were political and the context of his actions as we
find in the more credible portions of the Gospels supports this
conclusion.
Here, what "the more
credible portions of the Gospels" are is not delineated, but seems
to indicate, "those that agree with the point of view of James
Still" - and indeed, those who hold to this absurdly outdated theory
of Jesus-as-Zealot must inevitably resort to parsing the NT at will in order to maintain their viewpoint. It will not be our
purpose here to take a complete look at these theories; rather, we
recommend that the reader consult Hengel's magisterial work on the
subject [Heng.Z], and an earlier, much smaller work [Heng.JRev],
which will make it quite clear that there could have been no
significant correspondence between Jesus and the Zealot movement.
(See especially pp. 297-8 of the former, where Hengel notes seven
major divergences between Jesus and the Zealot movement.) For now,
let's look at a few of these interpretations, from a
variety of sources, with Still as the primary voice: >
1.Several of Jesus' disciples were known Zealots,
e.g., Simon the Zealot (Lk. 6:15); Simon Peter who was known as
"Bar-jona" (Mt. 16:17) a derivation of "baryona" Aramaic for
"outlaw" which was a common name applied to Zealots; James and
John shared the nickname "Boanerges" or in Hebrew "benei ra'ash"
which is to say "sons of thunder" another common Zealot reference;
and the most famous Zealot was Judas Iscariot, "Iscariot" a
corruption of the Latin "sicarius" or "knife-man" which was a
common Roman reference to Zealots.
Some comments here:
a) Re Simon - as is well known, the "bar-" prefix means "son of"
in a Judean context. We must suppose, then, that anyone who had a
father named Jonah/Jonas had to withstand this sort of punning
indignity - rather than attempt to bolster our theory
by supposing that it was a deliberate fabrication of the name of
Peter's father, simply to establish some sort of Zealot connection.
At any rate, there is no guarantee that "barjona" means exclusively
"outlaw" -- in some Talmudic contexts, it "means simply bad,
undisciplined people" [Heng.Z, 54n], and Peter as "Simon son of John" is a far better attested
reading (cf. John 1:42, 21:15) than "son of Jonah," meaning that the
latter is probably the result of a scribal miscue. Hengel [ibid., 56] adds that it is:
...very uncertain as to whether the Jewish rebels
of the period preceding 70 AD were ever called (barjone) in the
sense of 'outlaws' by their compatriots. With few exceptions, the
term was used at a relatively late period and it is too slight a
point of departure on which to base wider conclusions,
particularly where the Gospels are concerned.
And later Hengel adds [ibid., 74] that the term "may perhaps
point to (the barjone) outward way of life in the mountains and the
desert" - not necessarily to their profession.
b) Re "sons of thunder" - most commentators take this to refer to
their temperament - not some sort of military/political themed
connection. And if it does refer to hot-headedness, is it any
surprise that it was applied widely among the hot-headed Zealots? It
is far more likely that the general appellation PRECEDED the Zealot
appellation.
c) Re "sicarius" - Well, this does not help much, since Judas was
the bad guy. If he betrayed Jesus, then that would suggest (if Judas
truly WAS a "knife-man") that Jesus was not living up to his
expectations - which leads to the idea that Jesus Himself was NOT a
Zealot. Even so, it has never been satisfactorily resolved whether
"Iscariot" derives from "sicarius" or from "man of Kerioth" - the
debate remains alive to this day, and the former suggestion suffers
in that [Heng.Z, 46-8]:
1) The term itself is found only in Josephus, who "reports the
appearance of a 'new kind of robber in Jerusalem' " during the reign
of Felix - quite some time AFTER Judas killed himself.
2) There is no evidence for any earlier occurrence of the
term;
3) The term itself, as Still admits, has Latin origins, which
suggests that it originated with the Romans - not with the Jews.
Thus it is not something that Judas, his family. or his Jewish
social circle would have been likely to apply to him as a
name.
d) re Simon the Zealot: This is the one place where Still might
have a point, but Hengel asserts that it "must be left open" whether
the appellation means "of the Zealot party" or "a zealous guy all
around" - and even with the former, the textual evidence has only
the same weight as that which could be used to say that Jesus'
association with Matthew and other tax collectors makes Him a friend
of the Romans. Incidentally, to true Zealots, ANY association
with tax collectors "had to appear absolutely a betrayal." [Heng.JRev,
24] That was the last thing Jesus should have done if He wanted
to be in with the Zealots.
But as it happens, Bruce Winter in
After Paul Left Corinth [38] notes that the word "zealot" was
applied to a disciple of a teacher, and had been used for a long
time in the academy to describe the exclusive loyalty that was
expected of a student. It may be no surprise that Luke alone, a
Gentile writer, uses the term for Simon.
The implication of the Gospels, at any rate, is that anyone who
became a disciple of Jesus, became an "ex-" whatever they were
before - Matthew became an ex-tax collector; Peter, an ex-fisherman;
thus Simon, an ex-Zealot [ibid, 10n].
2.The Zealot movement was a breakaway from the
Pharisees who themselves sympathized with the nationalistic causes
espoused by the Zealots and were awaiting a Messiah to seize the
throne of Israel. Jesus himself is attributed with many sayings
that are Pharisaic in, e.g., Mt. 7:12, Mk 2:27, Jn 7:22, B. Yoma
85b (Talmud), Mt. 7:15; and Jesus' own affinity for the poor
demonstrate Pharisaic philosophy. Jesus' actions that are not
depoliticized in the gospels (partially referenced here) indicate
that Jesus sympathized with the Zealot cause.
Here is a common "all-or-nothing" error. No doubt some of what
Jesus said and did was agreeable to the Pharisees; he would hardly
be a Jew otherwise. Even the Sadducees and Pharisees had SOME common
ground. But there is much in Jesus' teaching that is plainly
counter-Pharisaic [Bamm.TJ,
48-50] , including the antitheses of the Sermon on the Mount,
which set Jesus "well outside the frontiers of Pharisaism." (For a
brief, but relevant, analysis of the Pharisaic movement, and of the
relationship to Jesus, see Bwk.JPh.)
3.The Zealot Judas, refers to Jesus as "Rabbi" a
Pharisaic-title. (Mk 14:45) Many scholars subscribe to the "walks
like a duck, must be a duck" philosophy and go as far as to say
that Jesus himself was a Pharisee rabbi. The evidence does seem to
support this conclusion, although Jesus seems to favor a more
apocalyptic flavor of fringe Pharisaic thought. The "Jesus as
Essene" theory still captivates many scholars as well--a theory
that would also support his role of political Messiah as argued
here.
We've handled "Jesus as Pharisee" above - the evidence does NOT
support this conclusion, except when we parse the
NT at will. As for "Jesus as Essene" - that captivates no scholars that I
know of today, other than Barbara Thiering; and the
disagreements between Jesus and the Essenes are far greater. (One
writer has half-jokingly suggested that if Jesus visited Qumran, the
Essenes would probably have spit on Him - assuming they weren't too
frightened of his accompanying burly Galileean fishermen.)
4.Jesus equipped his followers with swords in
anticipation of trouble. (Lk 22:36-38) and at least one of Jesus'
supporters scuffled with the Temple police to aid in resisting
Jesus' arrest. (Mk 14:47)
The passage in Luke refers
to only TWO swords - and during the so-called "scuffle," there was
nothing but Peter slicing off a servant's ear, followed by Jesus
instructing Peter to put his sword away. Carmichael [Carm.DJ, 119] , to support his own Jesus = revolutionist view, has a ready
explanation: The command to put the sword away was a later
interpolation. When it gets down to explanations like THAT, with NO
textual evidence, the thesis is managing the facts. I think
Brown
[Brow.DMh,
689] has rightly admonished those who read such things into
this passage:
...such an isolated instance of spontaneous defense
that could have occurred in a melee of any period is scarcely
indicative of belonging to a resistance movement.
The swords in question, at any rate, were not the longswords of
our medieval television programs. This would most likely have been a
Jewish short sword - a dagger used as protection against wild
animals and robbers, considered so essential that even the
"peace-loving Essenes" carried it, and it was permitted to be
carried on the Sabbath as part of one's adornment. [Heng.JRev,
21] Needless to say, this weapon would not be much use against
the Temple police - much less against any number of armed Roman
soldiers.
5.The manner in which Jesus entered Jerusalem was
that of a Jewish king who claimed the throne. Convinced that he
was King of the Jews and in deliberate fulfillment of Zechariah's
prophecy, Jesus rides into Jerusalem on an ass's colt. The people
greet Jesus with strewn palms and cries of "Hosanna!" the ancient
cry of Jewish independence. For Jesus to not have known the
seditious actions that this implied, and the political impact that
his act caused, would be incredulous to say the least. (This is in
direct contrast with the Gospels which attempt to contradict
Jesus' action and claim that he was not seeking an earthly
kingdom--clearly absurd given the circumstances.)
Here is the one place where Still is partially correct. Jesus was
indeed asserting His right as King/Messiah in this action. But as
Sanders
[Sand.JesJud,
294] notes, "everything we know about Jesus indicates that he
sought no secular kingship." Jesus' kingdom, as He said, was "not of
this world," and every thread of His teachings supports that
connotation - and where Still gets this idea of "Hosanna" as "an
ancient cry of Jewish independence," I cannot say, although some in
the crowd may well have anticipated some sort of political/military
action by Jesus anyway. The cry may well have had multiple
functions, but Still offers no footnote for the reader to check
out.
But then again, even in that case, the crowd members would have
been engaging in some wishful thinking. The prophecy in Zechariah 9:9
states that the king comes to Jerusalem "GENTLE and riding on a
donkey" - not to make war, but to "proclaim peace to the nations"
(Zech. 9:10b). Seditious in Roman eyes, true enough; but no
indicator of Zealot-like military aspirations.
Who would lead a military charge on a baby donkey?
Beyond all of the above, however, a simple fact is this: There is
no need for Jesus to have been leader of a para-military group for
the Romans to have taken action and seen a case for sedition. This
was not the case for John the Baptist, whom Josephus tells us Herod
executed as a precaution against uprising because he "feared that
such eloquence could stir the people to some form of sedition," [Rivk.WCJ, 30]
- and our only records show that this was also the case for
Jesus. If Jesus had indeed been the founder of an insurgent
political group, then His followers would have been rounded up and
arrested - but this did not happen; instead, Christianity was
tolerated, perhaps even protected, by the Romans up until the time
of Nero. It is not sufficient to hazard, as Carmichael does[Carm.UCO,
143-4] , that Jesus' followers "managed to survive Roman
justice by disavowing complicity and fleeing." Rome was not known
for that type of tolerance towards insurrectionists, even former
ones, especially in Judea. In every other recorded case - Judas,
Theudas, the unnamed Egyptian - followers were arrested and executed
- Yama.TCJ, 7
- and they would not hear any excuses about how, "This time it's
different". Clearly, the Romans "regarded (Jesus) as dangerous at
one level but not at another: dangerous as one who excited the hopes
and dreams of the Jews, but not as an actual leader of an insurgent
group"
[Sand.JesJud,
295]. Or, as Sanders says elsewhere [Sand.HistF,
265]: "The high priest wanted (Jesus) dead for the same reason
Antipas wanted John dead: he might cause trouble." Historical
revisionism is uncalled for. Secular
Sources
Before
delving into the Gospel accounts for specifics, we will see if there
is any evidence that is relevant in secular works of the period. Two
items in particular are from strongly reliable sources.
We have
elsewhere studied the testimony of Tacitus.
Let's take a look at the most relevant portion here:
Christus, the founder of the name, was put to
death by Pontius Pilate, procurator of Judea in the reign of
Tiberius...
This
confirms that Jesus was executed under Roman supervision - which is
generally agreed to by all reasonable parties.
Now let
us examine a passage that gives some of the historical revisionists
heartburn - the so-called Testimonium Flavium:
Antiquities 18.3.3 Now there was about this time
Jesus, a wise man, for he was a doer of wonderful works, a teacher
of such men as receive the truth with pleasure. He drew over to
him both many of the Jews, and many of the Gentiles. When Pilate,
at the suggestion of the principal men among us, had condemned him
to the cross, those that loved him at the first did not forsake
him. And the tribe of Christians so named from him are not extinct
at this day.
Here we
have removed all of the phrases regarded as interpolations - and
note well what is NOT among them: A phrase which, in agreement with
the Gospels, clearly indicates that the Jewish leadership had a role
in having Jesus executed.
Attempts
to explain away this passage by those who wish to eliminate all
Jewish involvement - whether out of concern over anti-Semitism, or
in order to view Jesus as a Zealot executed directly by Rome - are
quite frankly not able to be taken seriously. Fricke, in an effort to avoid the necessary
conclusion of Jewish involvement, takes the expedient of
declaring the entire passage a forgery, and says[Fric.CMJ,
48-9] :
That these sentences constitute a forgery, and a
rather crude one at that, is no longer doubted by any serious
researcher as far as I know.
Needless
to say, Fricke's bibliography contains no references to serious and
recognized Josephan scholars such as Thackery and Feldman - but does
contain such names as Drews and Maccoby. So, it is not
surprising that the "forgery" view is his resort, and that he considers the stand of authenticity a
"minority view". As we have shown in this
article, this is FAR FROM a minority view - and again, the
phrase we are concerned with here is not one of those that is in
doubt. Ironically, Fricke later [ibid.,
152] says that if the Gospel record were true, then it is
"inconceivable" that something did not find its way into secular
histories.
Cohn [Cohn.TDJ,
310], a little less brazenly, merely hints at the
total-interpolation theory, but prefers mild skepticism, saying:
"...once it is established that at least some of the phrases in (the
Testimonium Flavium) were interpolated by a Christian editor,
no part of it can confidently be regarded as the composition of
Josephus, and the whole is suspect...with no objective and reliable
criterion to determine which (the sentence in question) is, it can
prove nothing." Cohn is wrong: Josephan
scholars have objective and reliable criterion to work with, and
have determined that the sentence implicating the leading men of the
Jewish nation is NOT one of the interpolations. This is contrivance
on Cohn's part; but he has another suggestion (ibid.,
312):
...Josephus himself would then be suspect of a
tendentious purpose of his own: no less than the interpolators
were at pains to put blame on the Jews and whitewash Pilate,
Josephus was at pains to assign the credit for the crucifixion of
Jesus to the Jews and Romans in equal shares.
So,
Josephus apparently would lie about Jewish involvement just to curry
favor with Rome. This seems to be an overstatement of what is said
by Brandon
[Brand.TJ,
39], who is trying to show why Josephus would make mention of such a
thing in the first place:
On a priori grounds...it is likely that Josephus,
in the interest of his apologetical theme, would have shown that
the Jewish leaders took prompt action to suppress
(Christianity)...
Since
Christianity was regarded as being of revolutionary origin, Brandon
argues, Josephus would gladly demonstrate that the Jews wanted no
part of it. But I find it a little too convenient that anywhere Cohn
finds a problem that works against his theory, he suspects
revisionism or tendentiousness. There is no reason for Josephus to
have LIED about Jewish participation; in fact, we may just as easily
argue that a) taking credit from Rome would have gotten him in
trouble; and, b) all he had to do was say that the Jewish leaders
merely DENOUNCED Jesus - but there is more to it than even
that.
Accepting, then, the passage in question as authentic,
critical study reveals that what Josephus records is quite in light
with what the Gospels portray. The word we read "suggestion" is
endeixei - which is "a straightforward legal term denoting
the laying of information against a person, or a writ of
indictment."
[Brand.TJ,
152] This, as we shall see, matches at least one (if not more)
suggestion for viewing the Jewish trial in the Gospels.
The
matter is secure, and attested to both inside and outside the
Gospels: The Jewish leadership of the time assuredly had some
involvement in the demise of Jesus. The questions remains: How far
did this involvement go? And that's the subject of several of our
next sections.
I would like to mention here that a small paragraph in
the Talmudic sources refers to "Jesus of Nazareth" as being indicted
by the Jewish leadership on several charges and "hanged on the eve
of Passover." We ascribe little value to this reference, other than
it indicates that there was no denial of Jewish involvement in
Jesus' demise.
Cohn [Cohn.TDJ,
307] , however, knows that this refutes his theory
that the Jewish leadership was trying to save Jesus. He admits that
his theory would almost require that there be some mention in the
Talmud that Jesus was a favored person and that the "trial" was
performed as a saving measure. Thus, he hypothesizes:
* That
the "Jesus" in question above was not the Christian Jesus - the
words "of Nazareth" having been interpolated at a much later
date.
* That
the "favorable review" of Jesus was expunged by later editors and
censors.
Needless
to say, at such points we
are obliged to wonder if facts are not being invented in order to
save a theory.
Who Arrested Jesus?
Matthew: While he was still speaking, Judas, one
of the Twelve, arrived. With him was a large crowd armed with
swords and clubs, sent from the chief priests and the elders of
the people...
Mark: Just as he was speaking, Judas, one of the
Twelve, appeared. With him was a crowd armed with swords and
clubs, sent from the chief priests, the teachers of the law, and
the elders.
Luke: While he was still speaking a crowd came
up, and the man who was called Judas, one of the Twelve, was
leading them....Then Jesus said to the chief priests, the officers
of the temple guard, and the elders...
John: So Judas came to the grove, guiding a
detachment of soldiers and some officials from the chief priests
and Pharisees. They were carrying torches, lanterns and
weapons...Then the detachment of soldiers with its commander and
the Jewish officials arrested Jesus.
The
Gospels are unanimous: The Jewish leadership was involved with the
arrest of Jesus. But several other questions arise in this
matter.
That the
Jewish authorities had a hand in the arrest of Jesus is seldom
doubted by anyone who accepts that Jewish officials had some part in
the trial of Jesus. Sanders resolves that "(t)he Romans did not act
entirely on their own initiative. We could know this to be the case
without accepting as authentic a single one of the conflict stories
in the Gospels." [Sand.JesJud,
295] On the other hand, Fricke, who wishes to deny all Jewish
involvement, suggests that the only Jews in the arresting party were
interpreters[Fric.CMJ, 130].
However, this would
run against not only the testimony of the Gospels and the
implications of Jospehus, but also against the normal Roman
procedure - for evidence from throughout the Roman Empire indicates
that local police forces were generally the ones responsible for
making arrests.
In Judea, that meant
the Jewish religious authorities, and in Jerusalem particularly, the
high priest and the Temple police. Rivkin [Rivk.WCJ, 31]
notes that a function of the high priest:
>...was
to serve as the eyes and ears of the puppet king or procurator, so
as to head off demonstrative challenges to Roman
rule.
Similarly, Brandon
[Brand.TJ, 88] reports that it was the duty of the high priest -
especially in light of the threat Jesus presented to orderly
government - to discover the nature of Jesus' intentions. Sanders
[Sand.HistF, 266, 269] adds that the high priests and his counselors
"often had the task of preventing trouble and stopping
trouble-makers," and also states:
When
Caiaphas ordered Jesus to be arrested, he was carrying out his
duties, one of the chief of which was to prevent
uprising.
This is right in line
with the admonition of Caiaphas recorded in the Gospel of John,
concerning Jesus:
Then the
chief priests and the Pharisees called a meeting of the Sanhedrin.
"What are we accomplishing?" they asked. "Here is this man
performing many miraculous signs. If we let him go on like this,
everyone will believe in him, and then the Romans will come and
take away both our place and our nation." Then one of them, named
Caiaphas, who was high priest that year, spoke up, "You know
nothing at all! You do not realize that it is better for you that
one man die for the people than that the whole nation
perish."
And Winter [Wint.TJ, 28-9]
goes further than Rivkin, agreeing that the high priest
had...
...(a)
duty to render assistance in the apprehension of political
suspects and in the preparation of proceedings against political
offenders....
This applied, Winter
notes, even when the suspect in question was wanted by the Romans.
Harvey [Harv.JTr,
2] adds that it was "more normal procedure" for the arrest to
be initiated by the Jews than for there to be direct Roman
intervention. Why? Because throughout the Empire, the Romans would
not dismantle the local institutions of justice; rather, they would
use them to their own ends [Wint.TJ, 29] . And this was rather necessary for the Romans to do,
throughout the Empire, for these reasons:
1) The Romans could
hardly afford to spread themselves too thin - especially in
Judea. The popular idea of a Roman soldier on every corner is
patently erroneous - the Romans held Judea with only about three
thousand troops [Wils.ExJ, 6] ; they could hardly spare the men to arrest every single
criminal.
2) The wheels of
justice turned much faster. Fricke only wants translators at the
arrest; but "translation" would be wanted at other times as well -
for questioning and interrogation, for preparation of the
charge-sheet (cf. Luke 23:2) - every step of the process was made
easier by the Roman authorities having the preliminaries handled by
the local justice machinery. And again, every bit as much as their
military presence, their administrative presence was spread fairly
thin. Thus it is as Overstreet [Overs.RLTC,
325] remarks: "Generally speaking, Roman law allowed the local
law of each province to be exercised without much interference." -
the only exception being (as we shall see) capital
cases.
A practical example of this system in action is found about 30
years later than Jesus in the case of Jesus ben Ananias. Josephus
records that this man was found prophesying against the Temple, and
was taken in by the Jewish authorities, who flogged and interrogated
him. When he would respond with nothing but further lamentations, he
was turned over to the Romans. The governor examined him, determined
that he was insane, and released him. Simply put: The Jews arrested
and examined on behalf of the governor; the governor also made an
examination, and then made his decision. To his credit, Fricke does
at least allow that the ruling powers and the Saducees MAY have
arrested Jesus and handed him over to the Romans [ibid., 135] - but
he does so only grudgingly.
And so, what was the impetus for bringing Jesus in? The question
is beyond our scope, but we may take brief note of a common
suggestion. Some recognize the action in the Temple as the decisive
moment
[Sand.JesJud,
61] , and this is backed up by the Gospel records which show
that the interrogation before the Sanhedrin was concerned to find
testimony concerning what Jesus said about the Temple. Sanders
[ibid., 71] submits that even if the whole trial account before the
Sanhedrin is false, even then "it would seem likely that this
specific accusation is based on an accurate memory of the principal
point on which Jesus offended many of his contemporaries."
On the other hand, it is possible to go TOO far with this - as
has Joel Carmichael, who suggests that Jesus OCCUPIED the Temple
with His own sort of paramilitary force, large enough to withstand
both the Temple police AND the Roman garrison. [Carm.DJ,
116-7] Needless to say, this is a highly questionable
reconstruction, one that is held by no responsible historian, and is
not borne out by secular reactions to Jesus, such as that of
Jospehus, Lucian, and Mara Bar-Serapion. For his own part,
Carmichael relies upon: 1) the reference by Tacitus, which tells us
nothing of the sort about Jesus; 2) a Roman governor who was a
contemporary of the Emperor Diocletian (late 200s/early 300s AD)
who says that Jesus led a band of 900 highway robbers; 3) a
"medieval Hebrew copy of a lost version of a work of Josephus" that
credits Jesus with having "two thousand armed followers" on the
Mount of Olives; and, 4) Luke 23:39-42, where the thief observes
that Jesus is under the same sentence as they are - which, like
Tacitus, tells us nothing of the sort about Jesus. Upon such
gossamer threads are the greatest of speculations made. One is
obliged to ask how Carmichael can prefer 2) and especially 3) to the
wealth of evidence that is much closer to the source and has been
proven quite reliable.
One other relevant question asks whether the chief priests,
elders etc. THEMSELVES came out to participate in the arrest (as
seems to be said in Luke). This is often objected to [Cohn.TDJ.73] ; it is said that such people would not be present at this sort
of action. I do not think that this is necessarily so, but it does
not matter: Luke has simply engaged the common device of
representation equalling identification. This was a party sent by
the chief priests, so in that sense, the chief priests were "there"
- or as Sloyan remarks, it is probably a case of metonymy [Sloy.JT, 101] .
The biggest technical issue of all concerning the arrest is an
interesting one - were there indeed Roman soldiers involved with the
arrest of Jesus?
The question revolves around the use of two rather precise words
in the Gospel of John - speira (meaning "cohort") and
chiliarchos ("captain"). The speira would refer to an a force
of 600 men - which, we may suggest, is not to be read overliterally;
it is doubtful that John counted out the 600 men, and "cohort" may
simply be his "man on the street" way of saying, "there were a lot
of soldiers." Or, as Winter puts it, John "may have specific in
exact military language what his source might have conveyed
terminologically in a less precise fashion." [Wint.TJ, 46] (To which I would only add that John himself WAS the source -
nevertheless, the point remains the same.) On the other hand, Pesch[Pesc.TJC, 18]
notes that these particular Greek terms are found in Greek
translations of the OT - so that their presence "does not
necessarily point to the Roman army." Sloyan [Sloy.JT, 115n]
points out that the same words were used of Jewish soldiery in
other places (Judith 14:11, 2 Macc. 8:23, 12:20, 22; Jos. Ant.
17.215, War 2.578). Wilson [Wils.ExJ,
108-9] believes, a bit imaginatively, that the Roman soldiers
were not really there, but were added as a demonstration of Jesus'
power (i.e., if He can put the Romans into submission, imagine
what He can do for you). Finally, Blinzler [JBz.TJ, 65] finds Luke's omission of Roman designations rather telling,
since the evangelist elsewhere was precise in using Roman military
terminology where appropriate.
The balance of the evidence seems to favor, very slightly, the
position that there were no Roman soldiers. Allow me to diverge a
moment, however, for a bit of informed speculation upon a few verses
that have been the subject of much Skeptical malice. To wit:
Jesus, knowing all that was going to happen to him,
went out and asked them, "Who is it you want?" "Jesus of
Nazareth," they replied. "I am he," Jesus said. (And Judas the
traitor was standing there with them.) When Jesus said, "I am he,"
they drew back and fell to the ground. Again he asked them, "Who
is it you want?" And they said, "Jesus of Nazareth." "I told you
that I am he," Jesus answered.
What is happening here? Why is the arresting party here drawing
back and falling down like the Keystone Kops? Most
commentators suggest that somehow Jesus' own power and holiness
forced the men backwards; and this may well be what happened. But
I'd like to offer a slightly different interpretation, by way of
suggestion.
Let us keep in mind the setting: The Garden of Gethsemane upon
the Mount of Olives, which itself was very likely an olive grove,
privately owned - and perhaps, enclosed by a high wall with a single
gate. Now enter the mind of the arresting party and see things
through their eyes. You are being led to this place by one reputed
as a traitor and scoundrel; it is the darkest part of night, and you
are told that your subject is inside a walled garden with only one
entrance, wide enough for only one or two people abreast. If you are
an experienced officer of the Temple police or the Roman army, what
might you be thinking? One word surely would have been on their
minds: AMBUSH. The garden may have been a perfect place for an small
armed force to make a stand; and of course, whoever enters first is
the most likely to be killed.
Now enter unto the next step, when your "informer" (?) steps
forward to make his identification. He greets the suspect cordially;
they exchange a few quiet words that you can't quite overhear -- you
see a few others nearby, bearing weapons -- then all at once, the
suspect asks who you seek, and in answer to your reply, steps
forward, saying in a loud, clear voice, "I am he!" If you are in the
lead ranks, nervous enough already, that MIGHT be seen as a signal
to the suspect's followers to emerge from their hiding places and
start laying some heavy hurt on you and your party. And thus, I
tender as a suggestion: What John reported here, unwittingly, was a
sudden, clumsily executed, and quite untactical expression of the
better part of valor on the part of the front ranks of the arresting
force. This is not at all implausible, especially if we are dealing
with mixed Temple and Roman troops, who would be decidedly
unfamiliar with each others' tactics and movements.
But back to the primary topic at hand. If John gives us Roman
soldiers (which is an open question), why are they not mentioned in
the other Gospels? Schonfield [Schoe.PP,
144] believes that non-Jews are referenced as part of the
arresting party - and he cites this as proof:
Matt. 26:45 Then he returned to the disciples and
said to them, "Are you still sleeping and resting? Look, the hour
is near, and the Son of Man is betrayed into the hands of
sinners." (parallel found also in Mark)
"Sinners," Schonfield maintains, refers to Gentiles, and
therefore, the non-Jewish servants of the high priests. Given that
this is so, why could it not also refer to Roman soldiers? However,
I believe that Schonfield is wrong here; throughout the Gospels,
"sinners" is used to refer simply to those who sin - it has no
exclusive reference to Gentiles. Fricke [Fric.CMJ,
128] suggests that Matthew and Mark do reveal the presence of
Romans; they mention the crowd as carrying swords, and only Romans
were permitted to carry swords. However, as we have noted, the word
in question is far from conclusive, as it may well refer to the
smaller daggers used by the Jews - and that is the sort of weapon
that would be most likely to have been used for Peter's "precision
cut" on the servant's ear.
Winter, I would say, probably has the correct answer in context:
The other Gospel writers did not mention the Roman soldiers because
they wished to convince their readers of the "unpolitical character
of the message of salvation through Jesus." But that assumes, again,
that they were there in the first place, which is by no means
certain.
But now back in the other directional extreme: The assumed
presence of Roman forces is widely taken by the Jesus-as-Zealot
crowd to mean that Jesus must have been arrested as a seditionist,
and that He was indeed one of those sorts, perhaps even a Zealot.
Brandon
[Brand.TJ,
130] , for example, who held to a weaker version of this
position, surmises that the presence of Roman troops:
...would mean that Jesus was so strongly supported
that the Jewish leaders felt incapable of undertaking his arrest,
even though clandestinely, with their own forces.
And this, indeed, may be so: Perhaps the Jewish leaders DID
expect some major resistance from Jesus and His followers. But I say
that beyond this, there was a further role for those soldiers to
play, IF they were there - and we will get to that, later on.
As an added note: Some critics have doubted that the attack by
Peter on Malchus, the servant of the high priest, was historical;
for they say, if this were true, why was not Peter arrested along
with Jesus?
[Crav.LJ, 393] Even Pesch [Pesc.TJC, 31]
, in order to avoid the problem, suggests that it was actually
one of the other members of the arresting party who took the ear
off!
It may be that Peter was lost in the crowd, and then fled into
the darkness before being recognized. [Broo.Mk, 241] But there is a much neater solution to this problem. Skeptics
would probably not accept the answer, but it is found in Luke:
And one of them struck the servant of the high
priest, cutting off his right ear. But Jesus answered, "No more of
this!" And he touched the man's ear and healed him.
Now imagine, if you will, bringing a charge against Peter on this
count, and needing proof - the man's ear was restored; so, where's
the evidence? It was probably that simple On a related note - only
John mentions Peter by name for this event; why is this so? Possibly
because it would have been dangerous when the other Gospels were
written to name the disciple who struck the blow - it would have
been tantamount to admitting the crime or giving evidence to
the prosecution. John, the latest to issue his Gospel, or perhaps
sufficiently geographically removed, would not have had this
problem. Sanhedrin
Issues
Skeptics
and scholars alike have a host of objections against the
historicity of the Sanhedrin trial(s) of Jesus, focussing in
particular on the perceived "illegality" of the events. But it is
far more reasonable, I daresay, to give the Gospel writers the
benefit of the doubt - and to keep in mind their limitations as
described above. Let's explore a few options in this
area.
A word
is in order, first. Although sometimes not noted by skeptics, the
fact is that the rules that they refer to as being violated do NOT
come from the time of Jesus - they come from a time no earlier than
70 AD!
[Harv.JTr, 61]
The rules are found in what is called the Mishna Sanhedrin - a
source which itself dates to over a century after the destruction of
Jerusalem (c. 220 AD), and was codified no earlier than the
destruction of Jerusalem. This material is often used uncritically
by critics of the trial accounts; Haim Cohn [Cohn.TDJ] , for example, quotes this and other sources freely, including
some that date even later than 220, never telling his readers just
how late this material is.
Winter
admits that the laws "belong to a time posterior to that of Jesus" -
although he does say, without specification, that "some of the
ordinances enumerated...were already valid in the time of Jesus." [Wint.TJ, 9] Brandon
[Brand.TJ, 87]
concedes of the Mishnah: "How far this tractate accurately
reports Sanhedrin procedure in the first century AD, or represents a
later idealised rabbinic 'blue-print,' is uncertain." Stein [Stein.Lk,
569] brings secular history to bear in arguing that "...some of
the rules found in (the Mishna) conflict with Josephus' description
of how things were in the first century," and, he adds, may be as
much apologetic in purpose as the Gospels are. Yamauchi [Yama.TCJ, 10]
, perhaps exaggeratedly, says that the Mishna portrays the
Sanhedrin as "all-powerful," and does not mention the Romans or the
Saducees, as would be expected if it derived from an earlier time.
Wilson
[Wils.ExJ, 9] echoes: "It is now certain that many of these rules were only
idealistic and theoretical and do not reflect actual practice in any
period." Sanders [Sand.JesJud,
407] goes as far as saying that "The court of the Mishnah is a
fantasy one" which is quite lacking in aspects of reality.
Schonfield
[Schoe.PP,
147] says that the Sanhedrin rules are "as they were ideally
represented long after this body had ceased to function." Kilpatrick
[Kilp.TJ, 11] calls the Mishnah "an indiscriminate mixture of tradition and
academic fiction" - but allows that some of the rules may be
recognized as having been in existence, based on how closely they
were related to OT law, which would have (of course) been in effect.
Harvey [AH.TJ,
61] acknowledges the rules, but says "...it is far from certain
that they were in force before the fall of Jerusalem, or, even if
they were, that they would have been observed in an emergency." And
finally, Pesch [Pesc.TJC] says that Skeptical arguments using the Mishnah
rules:
...insinuate, of course, that nothing would ever
happen which is forbidden by law. The world, our history, is full
of transgressions against laws! If one wanted to make valid laws
the measuring rod for the reconstruction of actual history, then
one would, at every turn, be led astray.
In
summary, I would make these observations:
-
Pesch is quite correct. If "there was a law against it" is
equated with "it didn't happen" were applied universally, then it
is time to empty out our prisons.
-
One thing that is NOT being stated, but is being
implicitly assumed as stated by critics, is that the trial of
Jesus before the Sanhedrin was unusual, and that the Sanhedrin
gave everyone else the red carpet treatment and followed the rules
to a "T". We need not doubt, based on evidence from Josephus and
other sources (not to mention the history of politics in general)
that there were other corrupt trials, other times when the rules
were not followed, when a bribe or a wink of an eye satisfied the
scales of justice.
After all, who was going to put a stop to it?
The Romans were just as corrupt as anyone else. Caiaphas himself
was deposed sometime later by the legate of Syria, WITH popular
support - which indicates that some rather serious claims had been
made against him. - Schoe.PP,
150. And, the house of Annas the high priest, of which Caiaphas
was a member by marriage, is not noted for its popularity and
fairness in later rabbinic sources.
Skeptical strike-backs in this regard have been notable for
their lack of specificity. Fricke [Fric.CMJ,
255n] , citing Blinzler's argument that the Sanhedrin rules
were not in force in Jesus' time, merely replies that "others,
including Strobel, have refuted this hypothesis convincingly." How
convincingly? I cannot say, since Fricke does not deign to tell us
HOW Strobel accomplished this refutation, and Strobel's work is only
available in German! Not that I expected Fricke, a West German
himself, to cite only English sources; but he could at least do us
the courtesy of outlining, however briefly, the tenets of this
"convincing" refutation. Wilson [Wils.ExJ,
168], a bit more critically, objects that even if the rules
were not in effect, "no law code of any kind could have countenanced
the judicial methods described by Mark." And we may agree: But
again, we are not saying that ANY laws were followed here. One way
or another, we have corrupt politics in action. Finally, Cohn
objects that this view makes the priests and elders "not much better
than common criminals" [Cohn.TDJ, 34]
- which is a caricature of the position being taken; unless
Cohn himself regards, for example, a mayor who accepts a bribe as
"not much better" than a common criminal. This, again, is the state
of politics. In fact, Cohn (ibid., 36-7) notes the description of
atrocities by the high priest recorded in Josephus, dated to 60 AD;
to this, he merely replies, without proof, that the situation 30
years earlier may have been "entirely different" and says, "I think
that even the high priests should be entitled to the benefit of the
presumption of innocence." If that is so, one wonders where Cohn
gets off accusing the evangelists of fabricating stories! On the
other hand, Cohn IS willing to grant the picture of Caiaphas as one
politically inclined, prudent, and with an instinct for
self-preservation - which, we may point out, is exactly how he
appears in the Gospels.
The net of this is:
1) If those who are Skeptical are going to argue this way,
then when they cite specifics, it is specifics we must address. Just
saying, "Well, SOMETHING must have been in effect" is not
sufficient. We need to know WHAT that "something" was.
2) Any argument based merely on the rules of the Mishnah
Sanhedrin hangs by a gossamer thread. There is simply no reason to
doubt the historicity of the trial on this account.
But for yet another twist, let's assume that most or all of
the rules in question were indeed in effect at the time of Jesus,
and that they were taken seriously as a rule - does that necessarily
mean that the trial accounts are ahistorical? Absolutely NOT! These
sort of comments reflect a surprisingly two-dimensional
view of the political situation and human nature in power
structures. The accounts portray the entire subterfuge with Judas as
opportunistic. For all we know, they would have done it on the
Sabbath (and found some way to justify it, like they did murder in
John 11.49ff). Sophistry is not just a Christian folly. The trial
had to take place quickly, since the Triumphal Entry had already
occurred, and Jesus was escalating matters every day of Holy Week
(cleansing of the temple, challenge of authority - even the
anointing in Bethany). Time was running out for the Sanhedrin
stooges; people were starting to pour into Jerusalem for the feast.
They were simply pressured by the situation into "unlikely" actions.
The Gospels' description makes PERFECT sense -- it is not
implausible in the least, even as they are commonly
interpreted.
Let's
move on, though, by asking whether these violations cited actually
occurred as described. I will begin with a framework established by
Still:
1.It was against Jewish law for the Sanhedrin to
meet outside of the designated Chamber of Hewn Stone in the Temple
and would not have been violated under any circumstance.
This
rule was actually NOT violated, according to our historians' source,
Luke, whose reference to Jesus being "taken into the assembly"
indicates a meeting in the official chambers. (The meeting in the
house of the high priest, we learn from John, was an informal
interrogation.) Matthew and Mark only give the impression (to the
uninformed modern reader) that the Sanhedrin met in the house
of the high priest because they have deliberately juxtaposed Peter's
denial with the responses of Christ to the Sanhedrin. [See also for
this objection Fric.CMJ,
153]
2.The Sanhedrin had an express rule that it could
not meet at night because justice must be carried out in the
"light of day."
For this
objection, see also [ Carm.DJ, 39;
>3.Jesus' entry into Jerusalem was probably during
the Feast of the Tabernacles, not Passover. (the palm leaves
strewn in front of Jesus as he entered Jerusalem would not have
been in bloom during Passover) The Sanhedrin would not have met
during the eight-day festival for any
reason.
This is
a common objection [see also Carm.DJ, 38; Sand.JesJud,
298; But I frankly wonder what Mr. Still is
thinking here. Palm leaves do not "bloom" - the flowers on palms do,
and those may well not have been on the trees as Passover, but the
branches and their leaves themselves, which were what was used on
Palm Sunday, are available all year.
But
would this body, in any case, meet on the Passover or so close to
it? I daresay, again, they might have, under certain circumstances -
such as a "messianic pretender" making some moves that MIGHT lead to
all of Judea being trampled into dust by the Romans. And in fact,
as we shall see, there is a PARTICULAR instance, under the Sanhedrin
rules, where they WOULD willingly meet at night, and on the eve of
Passover. Other than that, there are indications from Josephus that
this particular rule about not meeting on the Passover was in effect
in his time, but not earlier - Bamm.TJ, 58 -
and there is no prohibition in the OT against a meeting at this
time.
4.The Elders of the Sanhedrin would no more
strike or spit on an accused person, than would the Supreme Court
of the U.S. hearing a case! Luke's account is completely
out-of-context and shows remarkable ignorance as to the
machinations of Jewish Law.
This
isn't really a rule, just an observation by Still, which we'll
look at now anyway.
What is actually written is:
The men who were guarding Jesus began mocking and
beating him. They blindfolded him and demanded, "Prophesy! Who hit
you?" And they said many other insulting things to
him.
So is
was not the Elders who did the strike-and-spit; it was their grunts,
which would not be surprising. I hazard that a critical reading the
other Gospels would reveal the same conclusion; however, even if it
did not, I daresay that any group that would engage in the stoning
of Stephen would have no inhibitions about striking or spitting on
someone. (For this objection, see also Crav.LJ, 398)
Moreover, it should be kept in mind that the Sanhedrin would not be
used to someone acting the way Jesus did. Josephus reports that
plaintiffs in Jewish courts "habitually adopted an attitude of utter
servility" in order to arouse pity in the judges [JBz.TJ, 86] . That Jesus broke this mold, and would not "play the game,"
may well have been enough to incite the mockery of Him.
Here are
some objections other than those posited by Still [Fric.CMJ,
153-4] :
5. The verdict upon the accused always had to be
postponed until the next day.
There is
direct evidence that this particular rule was NOT in effect prior to
70 AD. Josephus reports the case of Mariamne (Ant. 15.229), where a
verdict was reached on the same day as the trial. A counter-example
noted in Jospehus, that of Herod [Ant. 14:163-84], refers to a
second session, but indications are that this second session was the
result of "practical expediency" - not because a rule required it. [Bamm.TJ, 54]
6. Evidence must be from two informers or from
the deposition of the injured party - not from an official.
This,
because the high priest himself testified to Jesus' blasphemy. If
this rule WAS in effect, and this WAS an official trial, it was
violated. And we may also offer the explanation in this next entry:
7. Two witnesses were needed for capital crimes;
the confession of the accused was not admissible.
However,
as Fricke points out immediately after this, the Jewish practice was
"(i)n contrast to Roman criminal procedure, (where) the confession
of the accused was sufficient." Under all interpretations, Jesus'
extracted "confession" was USED by the high priests to convict Him
in a Roman court before Pilate. The question by Caiaphas, Kilpatrick
recognizes in a similar vein, "was put in order to have grounds for
a political charge, to be preferred by Pilate". Whether it was used
to convict Him in the Jewish court is another matter.
Also,
Blinzler
[JBz.TJ, 137] notes that technically, this rule was NOT violated because
Jesus' "confession" was not an admission to a crime - it "was" a
crime in and of itself. So these last two items rather miss the
mark.
8. Witnesses could not participate in the verdict
as the judges did where blasphemy occurred.
Again,
this may depend on whether there WAS a verdict (see
below).
9. The judges in the case must be mentally alert
and sober.
But,
Fricke says, these fellows had been "rudely awakened from sleep" and
had the night before drunk at least 4 glasses of seder wine each.
This, needless to say, is Fricke's own interpretation of events; we
will argue that no one involved was rudely awakened, and all were
very likely to have been alert, because they knew what was coming
and wanted to be ready.
10. The verdict cannot be
unanimous.
There
is, however, no clear evidence of a verdict, as we shall see; nor is
it clear that any vote taken was unanimous, other than
overliteralizing an "all" passage. (In fact, we KNOW that Joseph
and Nicodemus at least would have voted against a conviction, so
there was probably no violation here. Fricke, rather oddly,
suggests that Luke, who makes note of Joseph's dissidence, was trying
to "fix up" the other writers' mistakes - ibid., 156. In that case,
one wonders how Luke, who is the "least professional" of the
evangelists in his reportage of Jewish customs, knew to make the
fix, and why he did not fix every other error that was noted.
On the
other hand, Fricke's fellow-revisionist, Haim Cohn [Cohn.TDJ,
360n], points out that the rule in question actually states that in
the case of a unanimous vote, the suspect should at once be
"dismissed." Where most interpreters see this as meaning that the
unanimous verdict was due to a conspiracy, and therefore the suspect
should be released, Cohn maintains that it means that it was
regarded as pointless to wait until the next day to render sentence
- and thus, the suspect was "dismissed" in the sense of a summary
condemnation. It may therefore be that Fricke is misinterpreting
this rule anyway.
So we
have ten objections listed. (Some find more violations, up to 27 of
them; but many are these are based on arguments from silence -
assumptions that something not recorded in the Gospel accounts did
not happen.) Of these ten objections:
-
Four (1, 2, 9, 10) were NOT violated, or are simply
presumed without evidence to have been violated;
-
Two (3, 5) we have evidence were NOT in effect, or not
followed, prior to 70 AD;
-
One (4), as we note, is not a rule, but an objection; it
fails in any event.
-
Three (6, 7, 8) were violated, but we must assume a) that
the rules were in effect at the time; b) that there actually WAS
an official trial in progress, which may not be the case; and, c)
that the officials would not break these rules in any case. I'll
admit that 10 violations may be hard to swallow, even if possible
or probable - but only 3 violations, especially in a VERY
desperate situation, is hardly anything to object to.
But now
let us go to those who DO give the Gospel accounts at least a
semblance of respect. There are at least five views that I have
uncovered in my research; each of these, I surmise, has a degree of
plausibility - and the reader may decide which is most likely. These
views, and who holds them, are:
-
The trial was either legal, or in some part illegal,
and Jesus was convicted. (traditional view, discussed above)
-
The trial was illegal, and because of that, Jesus was
not convicted. (Watson)
-
The trial was legal because Jesus was being
tried as a 'seducer' under special rules. (Pesch,
Salvador)
-
The trial was before a non-religious
body, and therefore the rules were not relevant. (Rivkin)
-
There was no
"trial" - what is being described is an
interrogation/indictment, or a "show trial" for shaming purposes, and the actual trial came before Pilate
- hence, the rules were not relevant. (Wilson, Herzog)
Currently, I am leaning towards options #1 and #5 - although
I find 2-4 attractive options as well. We've already considered
whether #1 is viable; let's look at the rest one at a
time.
2) The trial was illegal, and Jesus was not convicted.
Watson
[Wats.TJ, 38] asserts that there was indeed a full meeting of the Sanhedrin,
and that jurisprudence was thrown to the wind in several ways
because of the absolute desperation of the high priests to dispense
with Jesus as quickly as possible, and before the mob favoring Jesus
(as opposed to the possibly-paid "Crucify Him!" crowd - see below)
could find out what was going on. Watson [ibid., 122] also believes
that the Sanhedrin broadened their charge of blasphemy into a charge
of sedition (see below) that Pilate would be able to act upon -
thereby hoping to get Pilate to do their dirty work and avoid
trouble for themselves with Jesus' followers and admirers. He also
indicates that because of the improper behavior of the high priest
and the unjust conditions of the Sanhedrin trial, more upright
members of the Sanhedrin protested and refused to convict - thus
forcing the high priest to rework the charge into one of sedition,
and thereby explaining why Jesus was not stoned.
(A similar suggestion, made by Allen [Bamm.TJ, 78], is that the Sanhedrin was unable to convict due to lack of
evidence.)
The idea encased in both 1) and 2) above, then, share the
idea that the Sanhedrin (to some degree) willingly and flagrantly
violated rules in the interest of a power play. Skeptical answers
are ineffective: Fricke [Fric.CMJ,
250n] argues that there were far too many rules violated to
accept this idea; this never would have happened, he says, because
the Sanhedrin was composed of the "wisest men in Israel." Well,
RICHEST, perhaps; MOST POWERFUL, no doubt; most EDUCATED, maybe -
but WISEST is a value judgment that we cannot presume upon the
scenario, and even then, even the wisest in society have been noted
for their lack of wisdom at times, especially where emotional issues
are at stake. And again, as we have seen, there simply were not that
many violations in the first place. On the other hand, that the
trial was NOT illegal, or that what was illegal was not seriously
so, is perhaps indicated by the fact that, if it had been, then it
surely would have been exploited by the apostolic church and the
Apostolic Fathers in their polemics - JBz.TJ, 43; Brow.DMh,
359n.
3)
The trial was legal because Jesus was being tried as a 'seducer'
under special rules.
Pesch argues [Pesc.TJC,
21-2; 32; see also Betz.TST] , within the presumed-valid Mishna rules, that Jesus was
regarded as a "seducer" of the people - one who led the people
astray by speaking treason against the Lord. Let's look at these
verses:
Deut. 13:1-5 If a prophet, or one who
foretells by dreams, appears among you and announces to you a
miraculous sign or wonder, and if the sign or wonder of which he
has spoken takes place, and he says, "Let us follow other gods"
(gods you have not known) "and let us worship them," you must not
listen to the words of that prophet or dreamer. The LORD your God
is testing you to find out whether you love him with all your
heart and with all your soul. It is the LORD your God you must
follow, and him you must revere. Keep his commands and obey him;
serve him and hold fast to him. That prophet or dreamer must be
put to death, because he preached rebellion against the LORD your
God, who brought you out of Egypt and redeemed you from the land
of slavery; he has tried to turn you from the way the LORD your
God commanded you to follow. You must purge the evil from among
you.
How would this apply to Jesus? Pesch argues that in His
symbolic demonstration in the Temple, and in His teaching regarding
it, Jesus was seen as preaching rebellion against the order
established by God. Further, he notes that the Qumran Temple Scroll
interpreted a seducer as one who "betrays his people to a foreign
nation" - which fits nicely both with Caiaphas' "better that one man
die" speech and the charge recorded by Luke that Jesus was
"subverting the nation." (The word in Luke, Tyson observes [Tys.DLA, 129], literally means "to turn away," but also was "used to
designate the act of misleading someone or misshaping something.")
The Sanhedrin, Pesch tells us, had special regulations where
this sort of offense was concerned - notably, the principle of
horaath sa'ah, or, "as time demands it." Due to the explosive
danger seen in the nature of the crime, action against the seducer
could be initiated DURING THE NIGHT and concluded the same day -
and, an early Jewish interpretation in the matter also suggests that
seducers SHOULD be executed "precisely on a pilgrims' feast day in
Jerusalem, in order to frighten the people". [Pesc.TJC, 32]
Thus, by this scenario, the complaint that meeting on Passover
eve is against what we know, is actually here precisely the opposite
- it fits what we know exactly. Pesch also notes
that the Qumran temple scroll, in a commentary on Deut. 21:21,
regarded CRUCIFIXION as the proper punishment for the treasonous!
The Sanhedrin in this case would find the Roman punishment quite
satisfactory, and perhaps seek a way to implement it. - see also Betz.TST, 5;
and Brow.DMh,
533.)
Other circumstances reported in the Gospels fit this
scenario hauntingly well. Note, for example, Mark 14:1, where the
authorities seek to arrest Jesus by stealth. The Tosephtha Sanhedrin
7.11 says: "For all who are guilty of the punishment of death (as
named) by law, one may not set traps, except for the seducer." Thus,
Pesch argues, Mark was not only reporting what happened; he was
reporting a legal-historical fact; and the role of Judas takes on an
entirely new light. [Pesc.TJC,
29-30]
Again, skeptical response here is notably ineffective. Fricke <[Fric.CMJ,
157, 251n] puts forward the following objections:
1) "Jesus had never enjoined anyone to commit anything that
could be remotely regarded as 'idolatry'." No? What about
encouraging people to see Him as God's only Son or as the Messiah,
and claiming the attributes of God? What about demonstrating against
the Temple order, which was ordained by God, thereby suggesting
rebellion against God's established order and leaving open the
option of going to other gods? And even beyond that, Pesch's Qumran
interpretation covers that issue - it was seen as encompassing more
than just simple idolatry.
2) There was "no denunciation, nor was a hearing conducted
as prescribed in Deut. 13:14." I see no requirement for a
denunciation anywhere; as for the hearing - there was one, according
to John. That would be the place where Caiaphas made his "one dying
for the nation" speech. Or, it could be the meeting at Annas' place
that counted in that respect.
3) Finally, we are told that a "convention of the
German-speaking Catholic New Testament scholars," in April 1987,
pronounced Pesch's thesis "downright misleading." Unfortunately,
Fricke once again neglects to give us the details. And we may add
that Pesch was NOT the first to suggest this idea...back in 1862, it
was suggested by the Jewish legal expert Salvador, who apparently
did not consider it "misleading" at all. - Chand.TJ, 96
A similar theory by Bowker [Bwk.JPh]
sees Jesus as being tried as a "rebellious elder" according to
rules in Deut. 17. Bowker acknowledges that his interpretation
depends upon presuming that there was a broader definition of the
term in the time of Jesus than there was in rabbinic material of a
later period; Cohn [Cohn.TDJ, 60]
objects, perhaps correctly, that the charge applied only to
ordained scholars. However, Bowker sees in the case of Jesus some
things that might be applicable to the "seducer" charge. To wit
[ibid., 43, 45]:
(Jesus) appeared to be claiming that the
effect of God, the revelation of God to a human situation, is
possible even where no attempt at all is being made to accept and
implement what God has commanded in Torah. Sin can apparently be
forgiven by a word. (Mk. 2:1-12) Jesus did not necessarily deny
the observance of the Torah. But he certainly resisted the view
that its observance is an indispensable and prior condition of the
action of God; faith is, if anything, the prior
condition.
This, Bowker says, would be most unwelcome to the Pharisees,
and perceived as "a betrayal of Torah" - which point of view would
have been Jesus' own business, had He not started teaching it
publicly! Bowker does not come to this conclusion, but I would like
to suggest that here, perhaps, is the "idolatry" that Fricke is
looking for. The God that Jesus preached may have seemed a bit
out-of-character to the Pharisees - perhaps even seen as a "new" god
that was not the true God at all.
4)
The trial was before a non-religious body, and therefore the rules
were not relevant.
Rivkin, a Jewish historian, suggests that when the NT refers
to the Sanhedrin, it means not the official body called the Great
Sanhedrin, but an informal council of political advisers to the high
priest
[Rivk.WCJ, 83]
- hence there were no violations of rabbinical jurisprudence,
for the meeting was not of an official religious body. He sees the
Sanhedrin described by Josephus as "a sort of privy council, not a
permanent body which enjoyed a religious status independent of the
high priest and procurator" and which "functioned as an adjunct to
the political authority," although religious leaders could
participate. [ibid., 34-5] Certain linguistic ambiguities in Luke
may support this theory [Tys.DLA,
121-2] .
Rivkin has not been alone in espousing this theory, which I
find has elements of plausibility. The biggest objection against it is
that a clear division between a religious and political Sanhedrin is
not mentioned in the histories of the time, not even clearly in
Josephus. [See Wils.ExJ,
176n] Rivkin acknowledges this, but points out that Josephus says
nothing about Caiaphas, other than that he was high priest. [Rivk.WCJ, 36]
This suggestion by Rivkin remains an open one.
5)
There was no "trial" - what is being described is an
interrogation/indictment or "show trial", and the actual trial came before Pilate.
Hence, there were no illegalities.
It is a common assumption - made by Skeptics and believers
alike - that Jesus underwent an official trial by the Sanhedrin.
This, indeed, may have happened, but it may also be a false
impression given by an over-literal reading of the Gospel accounts
(though we emphasize, again, that this could very well have been an
illegal gathering of the Sanhedrin, yet not affect the plausibility
of the account).
Under this view, what was the nature of the Jewish "trial"?
John and Luke would preserve the most literally accurate picture -
interrogation before Annas and then Caiaphas, with other Sanhedrin
officials perhaps nearby, but not the entire body of the Sanhedrin -
and then, not a trial, but "a police investigation designed to
reveal the charge under which a suspect may be brought before a
court," with those present capable by virtue of their qualifications
to become a "trial court" once some kind of confession or evidence
was elicited
[Harv.JTr,
59-60] ; or else, a "show trial" which was "a way of processing deviants in an authoritaarian society." [Herz.PT, 216]. The impression of a trial before the entire Sanhedrin
is given by an overliteral reading of Mark 14:55, which says that
"the whole Sanhedrin" was looking for evidence against Jesus
(followed by Matt. 26:59, and to some extent by Luke 22:66). This
should no more be taken to mean that the entire Sanhedrin was there
than saying that someone who testified before Congress had the
exclusive attention of all 535 members. After all, we know that if
this WAS a full meeting, Joseph of Arimathea and Nicodemus weren't
voting for conviction, and Gamaliel probably would not have, either.
And as Sanders [Sand.JesJud,
299] points out, as far as the Sanhedrin goes, the
disciples:
...were not privy to the membership list;
if people hurried into the high priest's house at night, there was
no one to identify them and tick their names
off.
I would qualify here by observing that Sanders here has
accepted the false impression of a Sanhedrin trial at the high
priest's house. But the point is the same: For Mark and Matt, the
chiefs of the Sanhedrin were there (or perhaps, they figured that
there were enough Sanhedrists present to constitute a quorum - 23
members out of 71 [Fric.CMJ,
150; Chand.TJ,
59]) and that meant that the vested power of that body, which
is to say the whole of it, was there; and thus, in their
"man-on-the-street" view of justice, this was a formal action,
perhaps even in their minds, a trial. It is also perhaps indicative
of typical Semitic hyperbole - i.e., "They were ALL out to get
Jesus" - or more likely in this regard, a literary effort to
portray Jesus "against a biblical background of the just one
standing alone (except for God's help) against all adversaries." ( Brow.DMh, 633
- See also
Harv.JTr,
64.)
Let's have a "round-up" of relevant opinions in this regard
- bearing in mind that our stance here is that once Mark and Matthew
are read critically, they reveal the same order of events as Luke
and John:
-
Winter [Wint.TJ, 30]
allows that Jesus was questioned in the high priests' house
by some official, which Mark took to be a session of the Senate
(but as with the others, I think Winter is reading the wrong thing
into Mark) and John as an investigation conducted by Annas. Winter
[ibid., 27] also suggests that the evangelists came up with their
scenarios based on a tradition that a later morning session of the
Sanhedrin approved a writ of indictment drawn up the night before
- something he allows as a possibility; citing Mark 15:1 and Luke
22:6, he says that the meeting "seems to have dealt with an
administrative question [NOTE: as opposed to a judicial question]
within the council's competence, namely the delivery of a person
suspected of sedition to the procurator."
In the Luke passage, he
finds no indication of a "formal sentence" - merely an "official
approval of the charge-sheet." [ibid., 48; see also Brand.TJ,
118-9]
-
Cohn [Cohn.TDJ,
106] objects that the rules that apply to a trial should
probably also apply to a preliminary hearing, but provides no
foundation for this assertion, and at any rate, does not deal with
the problem of the rules in question being from a much later
source.
-
Brandon [Brand.TJ,
130-1, 139] recognizes that "the proceedings in the high
priests' house were not a formal trial" but a "fact-finding
enquiry" by "an expert on Jewish affairs," arranged because
"Pilate would probably have decided that it would assist his own
evaluation of the matter, if he were informed about the prisoner's
ideas and aims by a Jewish expert." Annas in his view would then
send Jesus to Caiaphas, who was, as head of the Jewish state, the
direct liaison to Rome.
- Herzog [Herz.PT, 216f] approaching from the social science perspective considers even the use of the word "trial" anachronistic, and regards what happened before the Sanhedrin as "political theater" in which Jesus' guilt had already been determined, and there is no real presenting of evidence for the purpose of conviction. The purpose rather is to "publicly shame and humiliate an enemy of the state so as to discredit and degrade everything he represents." Any "witnesses" have been coached as to what to say and the whole process is scripted and choreographed.
-
Sanders [Sand.JesJud,
317-8] indicates that he finds "nothing intrinsically
improbable" in the account as John presents it, and concludes that
"The vaguer account of John seems better to correspond with the
way things actually worked." (But as I have said, it is also what
is reflected by a critical reading of the other Gospels.)
-
Harvey
[AH.TJ, 59-61] , as noted above, finds not a trial, but a police
investigation - what we may today refer to as an
interrogation/arraignment. He finds this in all four Gospels,
noting that Mark "nowhere states this to have been a formal
sitting of the court" - although he does maintain that those
present were qualified to act as a court, and may have done so
once Jesus spoke His alleged blasphemy.
-
Wilson [Wils.ExJ,
56], though he denies that any harmonization with the other
Gospels is possible, observes that Luke does not depict any sort
of trial by the Sanhedrin - rather, what is presented in more like
an inquiry.
We may also note in support of this "no trial" view Acts
13:27-8, where Paul observes that the rulers had NOT found a proper
cause to find Jesus guilty, nor passed sentence - they had to ask
Pilate to perform the execution, although they did indeed supply the
basis for condemnation [Bamm.TJ, 56]. Under this view, the
statement that Jesus was "worthy of death" becomes merely an
observation/opinion - not a verdict or formal condemnation - see
(Wils.ExJ, 49. This view is also in line with what Josephus records
(see above). Even Fricke [Fric.CMJ, 252n]roundaboutly (and
unwittingly) admits to this possibility, noting that the
Encyclopedia Judaica says: "A man suspected of being a
messianic pretender could be delivered to the Romans without a
verdict of the Jewish high court." To which we reply: Precisely.
Under this scenario, there was no trial, and no verdict: Just an
interrogation, a fact-finding, a delivery to the Romans.
In closing: We have five very good scenarios, each of which
is plausible, and some to an extensive degree. There is simply no
good grounds for rejecting the historicity of the trial accounts on
the basis of alleged "violations" of judicial/administrative
practice - especially since rejection of that sort would lead us to
discard the transcripts of many modern trials as
fabrications.
Blasphemy Charge
Matthew: The high priest said to him, "I
charge you under oath by the living God: Tell us if you are the
Christ, the Son of God." "Yes, it is as you say," Jesus replied.
"But I say to all of you: In the future you will see the Son of
Man sitting at the right hand of the Mighty One and coming on the
clouds of heaven." Then the high priest tore his clothes and said,
"He has spoken blasphemy! Why do we need any more witnesses? Look,
now you have heard the blasphemy. What do you think?" "He is
worthy of death," they answered.
Mark: Again the high priest asked him,
"Are you the Christ, the Son of the Blessed One?" "I am," said
Jesus. "And you will see the Son of Man sitting at the right hand
of the Mighty One and coming on the clouds of heaven." The high
priest tore his clothes. "Why do we need any more witnesses?" he
asked. "You have heard the blasphemy. What do you think?" They all
condemned him as worthy of death.
Luke: "If you are the Christ, " they said,
"tell us." Jesus answered, "If I tell you, you will not believe
me, and if I asked you, you would not answer. But from now on, the
Son of Man will be seated at the right hand of the mighty God."
They all asked, "Are you then the Son of God?" He replied, "You
are right in saying I am." Then they said, "Why do we need any
more testimony? We have heard it from his own lips."
Whichever of the views of the trial above we may
subscribe to, it is clear that a turning point in the Sanhedrin
"trial" of Jesus is that in which Caiaphas asks Jesus directly if He
is the Messiah - and Jesus answers in the affirmative and adds
further descriptions, leading Caiaiphas to declare that blasphemy
has been spoken.
There are two parts to
Jesus' answer. First claiming to be Messiah - was this
the blasphemy? Critics say no. Carmichael says that
the claim to be Messiah was "definitely not blasphemy," [Carm.DJ, 21] but makes no effort to explain why it was not, and does not
even address the second part of Jesus' response. Sanders [Sand.JesJud,
298] observes that "Subsequent would-be Messiahs were not
charged with blasphemy, and 'son of God' could mean almost
anything." In a later work [Sand.HistF,
271], however, Sanders concludes that Caiaphas had resolved in
advance to charge Jesus with blasphemy, found the most opportune
statement, and tore his garments as a way of persuading the rest of
the council to go along with him. Brandon [Brand.TJ, 90]
remarks: "...Josephus does not mention that any other of the
many Messianic pretenders, whom he records, was adjudged worthy of
death for blasphemy." Sloyan [Sloy.JT, 61] asserts: "Obviously, the claim to messiahship was not
blasphemous. Many had made it before, and Bar Kokhba would make it
subsequently."
Note, to begin, these
things about Messianic pretenders in general, and Bar Kochba in
particular:
* A difference in the
Messianic-claim example of Bar Kokhba - according to rabbinic lore,
Rabbi Akiba pointed to Simon Bar Kochba as the Messiah [Mark.BKB, 6] . Simon Bar Kochba did NOT make the claim for himself. The
title was only bestowed upon him by others. As we note elsewhere, to
claim on your own to be the Messiah would be taken as proof that you
most assuredly were not telling the truth - and thus, you could very
well be charged with blasphemy.
Admittedly, there IS a
tradition in the Babylonian Talmud - a few hundred years after the
fact - that Kochba, after two and a half years of leadership, DID
claim to be the Messiah; but when he failed a test put to him, he
was executed.
[Juel.MTm, 70]
But even if this is a reliable retelling, it hardly fits
where Jesus was concerned: Kochba had been a leader of the people for
some time, and was in a position where he might well have been given
the benefit of the doubt; whereas Jesus, arrested, bound, and
standing before the Sanhedrin, was certainly in no such position. Or
as Blinzler
[JBz.TJ, 107] puts it:
...(T)hat revolutionary
hero corresponded absolutely ideally with the popular Jewish
mental picture of the belligerent political Messias, whereas Jesus
must have appeared to his contemporaries to be the complete
antithesis of that picture.
* Brandon cites the
reports of Josephus, but he errs in doing so - for the truth is that
bar Kochba was the "first recorded" of the Pseudo-Messiahs. Not ONE
of the rebel leaders recorded by Josephus claimed to be anything
more than a "king" - they had some "messianic" ambitions, but they
did NOT make a claim to be a Messiah. [Harv.JTr,
9-10n; see alsoBrow.DMh, 475]
As far as we can tell, then, Jesus' claim was the first of its
kind.
* So, to call upon
what we noted elsewhere, in this context, in the words of O'Neill [ONi.WhoD,
48-53; Bamm.TJ,
75]: "the blasphemy lay in saying one was the Messiah," for,
by Jewish thinking, "the Messiah is not to glorify himself." And:
"The blasphemy would then consist not in the particular title chosen
but in the very temerity of using any title at all before God the
Father had himself announced the enthronement of his anointed one."
Jesus' blasphemy in this regard was, by this view, a blasphemy of
presumption to know God's mind.
* Re "Son of God," and
the comment by Sanders: It is quite possible to see this
messianically, in a rather direct way. This could have been equated
with "son of David," a clear messianic title, based on certain OT
passages (2 Sam. 7:14, Ps. 2:7, 89:26-7 - Broo.Mk,
243).
But is the phrase used by Jesus indeed an affirmation? O'Neill
saw the phrase as an "avoidance of the direct denial the court
required", and therefore less than equivocal, [ibid., 120n], but
does note that other commentators see the statement by Jesus and the
others as meaning, "As you have said, so it is." And indeed, the
further evidence that I have uncovered indicates that this is more
of an affirmatory phrase, and one actually in line with social
constraints of the day. Let us look at two examples of its use in
detail:
*Judah the Patriarch is dying, and it has been said that anyone
who announces the death will suffer severe consequences. Rabbi Bar
Kapparah announces the death euphemistically by referring to angels
snatching away the tables of the covenant. Those around Kapparah
exclaim, "Rabbi is dead!" Kapparah replies, "You have said it; I
have not said it." In this Catchpole [Catch.AJC, 219] sees "an
affirmation, qualified only by reluctance to state the matter openly
expressis verbis." This presents an interesting parallel to Jesus'
reply, for He would know what the result of an affirmative answer
would be.
*Simon the Modest, in reply to Rabbi Eliezer's question
concerning his lack of adherence to Temple protocol: "Are you
ashamed to admit that the high priest's dog is more beloved than
you?", replies "You have said so" - which may be seen as a
"shame-faced acquiescence and an embarrassed admission" that Eliezer
has caught him. [ibid., 220]
Indeed both of these examples fit in with the observations of
Herzog [Herz.JJ, 130] that in an honor and shame society like
first-century Palestine, such an "evasive" answer would have been
what we would expect if Jesus were an honorable man. His silence
before his accusers, and "evasive" answer, are part of the
honor-shame paradigm: "The honorable man never defends himself
against a charge or answers directly a question posed by an enemy."
Instead one must shift the focus -- which is exactly what Jesus does
in the Son of Man statements that follow: "Yes, I am -- and I'll
prove it, and you'll see it."
The difficulty here, then, is non-existent. It is probable,
indeed quite likely, that part 1 of Jesus' answer was blasphemy -
what about part 2, all that stuff about the Son of Man coming on the
clouds and all that? Was that blasphemy? Interestingly, we find a
defense of this idea from Skeptic Robert Price -- who
says this in Beyond Born Again:
I dare say that most readers of this text naturally
assume that this statement (the second part) was the alleged
blasphemy in question. And I think they are right.
If one still wants to go in search of extrabiblical
corroboration, it is there to be found. Rabbinic literature refers
to a Jewish "binitarian" heresy, whereby some claimed that "There
are two Powers in heaven." This binitarian heresy was particularly
associated with the idea that one of God's servants should be so
highly exalted as to be enthroned by his side. According to one
rabbinic text, a scholar suggests that David will occupy a throne
next to God. A colleague reproaches him: "How long will you
profane the Shekinah?" In the late book III Enoch, the exalted
Enoch is given the divine Name and a throne next to God's. A later
redactor tries to tone this down for fear of binitarianism. What
we can see in all this is that Jesus' claim to be enthroned by
God's side could be taken by hearers as blasphemy even if not
intended as a claim to be God.
In the examples just referred to, the binitarian
divinity claim was a conclusion drawn not by the original speaker
(or writer) , but by his opponents who feared what they saw as the
implication of his words. We might be justified in reading the
"blasphemy" charge in the Marcan text as one more example of this.
My appeal to Jewish literature merely supports what l believe to
be the natural' reading of the Marcan text. Stauffer's on the
other hand serves to interpret the text in a way that is rather
less than obvious. In short, once again, it is not at all clear
that we must reckon with a "claim to be God."
Although some commentators have considered the "Shekinah" comment
not relevant in this case, there is still indeed a "blasphemy" here
- and Price fails to see the very obvious claim to divinity. "Son of Man" was one of Jesus' appellations for
Himself. Therefore, Jesus was affirming for Himself this enthroning
by God's side - and as God will not share His glory with another,
this is a declaration of equality, and hence identity, with God.
This amounts, then, to a constructive blasphemy - making oneself an
assessor and peer of the Most High. It may not have met the
technical, legal definition of blasphemy (assuming that rule to have
been in effect - see below), but it was clearly, and "correctly,"
recognized as such in the mouth of One who was presumed to not be
deserving of it. As Brown [Brow.DMh,
531] puts it:
The only likely historical charge would have been
that Jesus arrogantly claimed for himself status or privileges
that belonged properly to the God of Israel alone and in that
sense implicitly demeaned God.
But critics take another turn in this regard, and it involves
another appeal to the previously-referred-to constraints of the
Mishnah. Winter [Wint.TJ, 102n]
observes that according to these rules, "The blasphemer is not
culpable unless he distinctly pronounces the [divine] Name." Jesus
did not say the Divine Name, according to the Gospels; therefore,
Winter says, there was no blasphemy.
Again, this objection fails on the grounds that there is no
absolute certainty that these rules were in effect at the time of
Jesus, nor that they were strictly observed - and in fact, there is
evidence that there was a broader definition of blasphemy in effect
at the time. Let's first look at some relevant verses from the
OT:
Lev. 24:15-6 Say to the Israelites: 'If anyone
curses his God, he will be held responsible; anyone who blasphemes
the name of the LORD must be put to death. The entire assembly
must stone him. Whether an alien or native-born, when he
blasphemes the Name, he must be put to death.
Harvey
[Harv.JTr,
78-80] observes that the Jewish writer Philo, a contemporary of
Jesus, "finds it inconceivable that any form whatsoever of cursing
or blaspheming God should not carry the death penalty" in light of
that other offenses, like cursing your parents, did - thus, he
interpreted "his God" in v. 15 as meaning "anyone who blasphemes his
OWN god" - whether the true one or a heathen one. Philo also records
that blasphemy includes "any 'unreasonable' uttering of God's name"
- which we might equate today with cursing after hitting one's thumb
with a hammer. Harvey sees in this observation by Philo the
possibility that Jesus was charged with referring to God in an
"unreasonable" way - and he concludes:
...it would be unreasonable to reject out of hand
the remarkably consistent testimony of the Gospels that Jesus, by
claiming or admitting that he was Messiah and Son of God, laid
himself open to a charge of blasphemy that was punishable by
death.
Other evidence for a broader definition of blasphemy is found in
Mark's Gospel. Blasphemy is said to include the power to forgive
sins (2:17) and attributing the works of the Holy Spirit to Satan
(3:28). These may be seen as infringements upon the prerogative of
God [Juel.MTm,
102-3] - "constructive blasphemy," if you will - in much the
same way that Jesus proclaimed for Himself the prerogative of God
with the "clouds" remark.
Third and final question, now: Jesus was recognized as committing
blasphemy; but was he actually CHARGED with it? Here I find an open
question. I lean towards the idea that Caiaphas and the Sanhedrin
RECOGNIZED the blasphemy, but did not necessarily formally charge
Jesus with it. In any event, they brought a case for sedition to
Pilate...but for what reason? Sedition
Sentence, Execution Power
If Jesus
was charged with blasphemy, or even if it was recognized informally,
then why wasn't He stoned on the spot, as would be expected? There
are a lot of possible answers: The Jewish leadership wanted Pilate
to do their dirty work so that they would not bear the brunt of
executing a popular leader; the arrest had been initiated by Pilate
in the first place, or he had some interest in it; there was no
actual verdict; and, among the most-appealed to reasons, the
Sanhedrin had no right to execute. The latter answer is often
disputed by Skeptics; we will let our Price have the
floor again on this one:
It even becomes an open question whether the
Sanhedrin had any role in the trial and death of Jesus, simply
because of the manner of execution. He was crucified, a Roman
penalty inflicted on pirates, seditionists, and runaway slaves.
A.N. Sherwin-White, though not an accomplished judge in the State
of New York, was an authority on Roman law, and he argued in Roman
Society and Roman Law in the New Testament that the Sanhedrin
would have needed Pilate's permission for Jesus to be executed, as
the gospels say. Other scholars dispute Sherwin-White's opinion. I
am by no means in a position to take sides on the matter. But even
if Sherwin-White is correct, the real difficulty remains
unresolved: if Jesus were to be executed for blasphemy, why did
Annas and Caiaphas not simply seek Pilate's permission to have
Jesus stoned to death, since stoning was the required penalty?
That they did not raises the real possibility that the grounds for
the execution were entirely different, perhaps political, as many
scholars have held.
This is rather a strange statement. The gospels explicitly
tell us that the political issues were the major "real" issue (the
"envy" passage in Matt. 27:18 - see below - plus the parable of the
Wicked Tenants, told during Holy Week). One should not confuse the
motive with the method, as Price has somehow done here. However, we
would agree that the charge which the Sanhedrin delegates brought to
Pilate was indeed not blasphemy - it couldn't have been, because the
Romans could have cared less about that. Let's look at the actual
charges that they brought to Pilate:
Mark
(15:1-3), Matthew (27) and John (18) do not give the specific
charges, Mark saying only that Jesus was accused of "many things."
But the implication of Pilate's question, which is the same in the
others as asked in Luke below, tells us that the accusations made
were the same as Luke records:
Luke 23:1-5 Then the whole assembly rose and led
him off to Pilate. And they began to accuse him, saying, "We have
found this man subverting our nation. He opposes payment of taxes
to Caesar and claims to be Christ, a king." So Pilate asked Jesus,
"Are you the king of the Jews?" "Yes, it is as you say," Jesus
replied. Then Pilate announced to the chief priests and the crowd,
"I find no basis for a charge against this man." But they
insisted, "He stirs up the people all over Judea by his teaching.
He started in Galilee and has come all the way
here."
So the
charge brought before Pilate was not blasphemy, but, indeed,
sedition - a crime that Price acknowledges earned the Roman death
penalty. It is quite likely that the
Sanhedrin simply took their own discovery of blasphemy and
re-interpreted it in a light that Pilate would react to, adding the
bit about opposing payment of taxes to Caesar (an oblique, distorted
reference to Jesus' "Give unto Caesar" quote, perhaps) to seal the
deal. This, indeed, seems well-agreed to by critics:
*
Brandon
[Brand.TJ,
139] even takes the issue too far, insisting that the problems
between the trial accounts "stem from the embarrassing fact of the
Roman execution of Jesus for sedition" - though he fails to
explain why it should have been found embarrassing, when so many
other things were recorded in the Gospels that were potentially
embarrassing to Christianity. Let me add here that if the evangelists were trying to hide the
charge against Jesus, then they might as well have tried to hide an
elephant in a teacup. Crucifixion was widely known as the death
penalty for slaves and rebels.
* More
likely, Wilson says, is that the Gospels writers considered the
charge of blasphemy more important than that of sedition, or else
wished to avoid the interpretation that Christianity was a sect that
was interested in anarchy [Wils.ExJ, 79]
.
* Pesch [Pesc.TJC, 33] places special attention upon the initial inquiries concerning
Jesus' claim about the Temple, and the implied threat to it, and
subsequent rebuilding: 2 Samuel 7:12-14 was interpreted as Messianic
in Jesus' day; it indicates that the Messiah would build a new
temple. Caiaphas may well have been purposely setting the inquiry in
this direction from the start. This leads to our final
observation, which ties the two concepts of blasphemy and sedition
together:
* The
blasphemy charge (or observation) may be seen as the impetus for the
priests to charge sedition, and it would be rather easy to derive
one from the other. Rivkin [Rivk.WCJ, 85]
puts it this way:
The high priest of the Sanhedrin would thus
report to (Pilate) the simple facts - Here is a charismatic of
charismatics who attracted crowds; who set off a disturbance in
the Temple area, thronged at festival time with highly excitable
pilgrims; who was acclaimed as the Messiah, the King of the Jews,
as he walked through the streets of Jerusalem, and who called upon
the people to prepare for the (imminent) coming of God's
kingdom.
And
Wilson
[Wils.ExJ,
126], in his words:
It is reasonable to suppose that the Jewish
proceedings against Jesus dwelt on this claim to be the Messiah,
because of the political implications which this would have
conveyed to Pilate.
And
Pesch
[Pesc.TJC,
35-6] explains, in line with his "seducer" theory:
>Jesus slandered God because, in spite of his
powerlessness, he wanted to be on equal footing with God. Such a
messianic claim endangers, of course...the temple and the Holy
City, [it] hands the people of God over to a Gentile power and is
therefore blasphemous.
Thus
could the one charge be dovetailed into the other: The claim to be
Messiah could be made into evidence for political high treason - in
Jewish eyes, perhaps, a seducer of the people - and would fit
hand-in-glove with the Roman crime of sedition [Pesc.TJC, 14,
36-7; see Sanders' similar conclusion, resolving sedition from the
threat against the Temple, Sand.JesJud,
296] . We may agree, then, that the ultimate charge was
sedition; but the question remains as to why Jesus was not executed
by stoning as blasphemy requires. We have seen Watson's theoretical
answer: the Sanhedrin refused to convict; and, the Sanhedrin was
using Pilate as their hatchet man - the second part of which I
completely agree with, and will elaborate upon below. Similarly,
Allen [Bamm.TJ,
78-83] supposes that the Sanhedrin was unable to reach a
conviction because they were unable to fulfill the requirement in
Deuteronomy of having their witnesses agree - so, they had to turn
the case over to Pilate and charge sedition to get the desired
result. Finally, if Winter is correct, then Pilate was involved from
the very beginning, and this was a Roman case from the very start,
so that it had already been agreed as to who was going to do the
dirty work. But now we will look at one verse in particular that
addresses the issue:
>John
19:7 The Jews insisted, "We have a law, and according to that law
he must die, because he claimed to be the Son of
God."
This verse may be
evidence for O'Neill's speculation [ONi.WhoD, 48]
that a law existed at the time making it blasphemy to claim to
be the Messiah. It is also (along with an earlier verse in John)
taken as an indication that the Jews could not execute a death
sentence, a fact which Price earlier suggested Sherwin-White might
be wrong on. What of this particular issue?
First, this sounds
much like an attempt by the Jewish leaders to say that under their
law, they would execute Jesus anyway - so there is no reason why
Pilate should not proceed with the execution. Second, it may be that
the Jewish leaders are actually restating the case for sedition and
mean Roman law, not Jewish law. Either way, the question remains the
same: Did the Jews have the right to execute?
Although many writers
in the past disputed it [see Wint.TJ, 74ff; Carm.DJ, 39] , and others like Fricke continue to assert
it [Fric.CMJ,
112] , it is, in fact, contra Price, well-attested that
Sherwin-White was correct - the Jews did not have the right to
execute someone at the time of Jesus [see Bamm.TJ, 59-63;
Pesc.TJC,
18-9;
Wils.ExJ, 15; Harv.JTr, 4], although they were able to pronounce death sentences which
had to be ratified and carried out. The Romans seldom granted ANYONE
capital power, and there is "(n)o evidence from any Roman
source...that the Romans ever granted the right of capital power
punishment to provincial courts." If it was to be granted ANYWHERE,
it would be to free states that had shown special loyalty to
Rome. Judea was NOT one of these. And
this tells us one reason why it was not granted: In decidedly
Roman-unfriendly areas, it could be used by the local courts to deal
with local Roman sympathizers. In fact, it is notable how picky the
Romans were about restricting the power: Particularly, a decree of
Augustus to the proconsul of Cyrene, dated 7-6 BC, SPECIFICALLY
EXCLUDES capital power from the province of the native court. [Wils.ExJ, 13]
It is further noted by Overstreet [Overs.RLTC,
326] that the high priest Annas (yes, the one in the Gospels)
was deposed in AD 15 precisely BECAUSE he took it upon himself to
violate this exclusion in between times of procuratoruial
assignments. Capital punishment was a right that the Romans reserved
unto themselves, and while in the interest of peace they might wink
an eye at occasional violations on the local level (see below),
officially speaking, the law was taken seriously - and to
demonstrate that, let's take a look at the cases commonly brought
forward to prove that the Jews were able to exercise capital
power.
-
John the Baptist. [Fric.CMJ,
112]Fricke is the only writer to cite this
one. He forgets that Herod Antipas, the
tetrarch of Galilee, served as the representative of the Roman
Empire - and was therefore vested with its capital power. But
Jesus was executed in Judea, which was under a procurator.
-
The stoning of Stephen. [Fric.CMJ,
112; Wint.TJ,
155n] This was actually more of a lynch mob than an official
trial. There was no verdict, and no sentence. Fricke, though, suggests that the Roman procurator declined to execute
Stephen, so the Sanhedrin did it - ibid., 246n. Winter suggests that the passage of the death sentence was
omitted by a copyist - ibid., 192n. Both of these are adding to history in order to deny history. But
wouldn't those Romans step in and do something about this
travesty of justice? Actually, no. Remember that there were only
3000 or so troops stationed in all of Judea. Some give-and-take HAD to
occur. And this happened Empire-wide, as Wilson [Wils.ExJ,
11-12] points out:
There is extensive evidence that throughout the
empire in Jesus' day native provincial citizens frequently took
matters into their own hands and illegally executed natives on
criminal charges. The Romans were totally unable to police the
internal life of the provinces closely; and would not have done
so if they had been able. Roman officials often winked at the
excesses of the provincial courts in dealing with alleged
offenses, as long as Roman citizens were not
involved.
This
will also apply to some of the other cases we will examine. It
has also been suggested that this incident occurred "between
procurators" c. 36-7 AD, at a time when the legate of Syria, who
was more or less in charge, gave the Jews more freedom in such
matters.
-
The woman caught in adultery in John 8. [Fric.CMJ,
112] Actually, all this does is make the "dare" of those who
brought the woman even more exceptional. Not only were they
challenging Jesus concerning the Jewish Law - they were also
challenging Him to commit a violation of Roman law - i.e., commit
sedition! It's the same pattern that came to pass during Passion
Week.
-
The Temple Court warning. [Fric.CMJ,
112; Wint.TJ,
155n]. This indicates a special exception to NORMAL practice. The
Jews were allowed to kill any Gentile who entered the sacred inner
court - even if they were a Roman citizen. It should be recognized
as "clearly exceptional" [Bamm.TJ, 60]
to normal Roman procedure - and in line with the Roman custom
of granting provincial subjects "as much freedom as possible in
practicing their religion." [Wils.ExJ,
11]
The Jews of course would wish to maintain the purity and
sanctity of the Temple; hence, the special exception. (And at any
rate, this offense does not necessarily involve trial or
examination by the Sanhedrin.- [Kilp.TJ, 18;
contra
Burk.ConJ,
338n )
-
The stoning of the high priest's daughter as a
fornicator. [Fric.CMJ,
112; Wint.TJ,
155n] This event, recorded in a third-century document [Wils.ExJ,
9] , allegedly took place c. 41 AD - during the reign of
Herod Agrippa I, who served as a client-king in Judea sandwiched
between two long runs of procurators. It may be that he had some
part in it, for he would have been allowed to impose the death
penalty
[Brow.DMh,
369] . However, since an exact time for this event cannot be
established, its relevance cannot be established. [Kilp.TJ,
18-19]
Moreover, the story tells us that the execution
occurred because the court that performed the sentence was
"unskilled" - which leads to the deduction that may have been an
"illegal" sentence and execution anyway. [Wils.ExJ,
11]
-
The death of James, the brother of Jesus (AD 62). [Fric.CMJ,
112; Wint.TJ,
155n;
Brand.TJ,
91] Again, as with Stephen, we have more of a "lynch mob" action -
and the Sanhedrin in question was illegally convened in the first
place.
-
The Holy of Holies. [Wint.TJ,
155n] A letter of Agrippa I indicates that those who
trespassed in the Holy of Holies were "liable to the death
penalty." However, this has the appearance of a crime along the
lines of #4 above; and at any rate, Agrippa does not describe the
process whereby the execution takes place. [Kilp.TJ, 19]
-
Paul in Acts. [Brand.TJ,
91] It is argued that Paul was before the Sanhedrin in a
capital matter; but, this cannot really be used, since it never
got as far as the penalty phase.
-
Paul as persecutor. In Acts Paul professes to have
harassed Christians to their deaths. This, like #2 above, however,
seems to have occurred at a time between procurators, c. 36-7 AD;
it also says nothing about who actually performed the executions.
Or, it may be another example of Roman "give-and-take".
-
Executions by the Essenes. Kilpatrick [Kilp.TJ, 7] notes this objection from Lietzmann. But it offers no
relevant parallels, since the Essenes were a secret society, "not
in the habit of referring to established governments their
decisions for life and death." [ibid., 19]
And now
some other relevant objections:
x)
The restriction on capital power is not mentioned by Mark. [Wint.TJ, 10] This is an argument from silence: Winter argues that Mark would
have mentioned such a restriction if he had known about it. In
reply, let me say:
a) It
was probably so obvious that he did not NEED to mention it - do we
need to remind people today that the local sheriff cannot execute
someone?
b) Even
if Mark did NOT know of the limitation, history certainly
does.
y)
There were rules for those "executed by the State" vs. those
executed "by the Law Court" in the Mishnah Sanhedrin. [Wint.TJ,
155n] As we have noted, however, these rules belong to a much
later time; and at any rate, the historical/legal context suggests
that this has to do with people CHARGED with capital offenses by
these bodies, and the type of crime they committed - NOT with who
actually wielded the hatchet. Winter also mentions rules for testing
witnesses in capital cases, which again, has no relevance on who
actually performed the execution.
z)
Pilate's challenge: "Go and execute him yourself..." [Brand.TJ,
90] We will look at this one later - critics take it to mean
that Pilate was reminding the Jewish leaders that they could execute
if they wanted to. The context suggests otherwise.
On the other hand,
aside from the precedent of Roman rule, there are some positive
indications that the Jews did not possess the right to execute at
the time of Jesus:
-
Both the Palestinian and the Babylonian Talmud indicate
that 40 years before the temple was destroyed, the right of
capital punishment was taken from the Jews. [Kilp.TJ, 17]
There is good reason, furthermore, to believe that this
privilege was taken away even earlier, as early as 6 AD [Bamm.TJ, 59]. The counterargument by Winter that this was a Jewish
attempt to avoid responsibility for Jesus' death runs counter to
the typical Talmudic tendency to take INCREASING responsibility
for it.
Another reference, Meg. Taan. 6, indicates a restoration
of the right to execute criminals later on. [ibid, 62] Of course,
the problems with the reliability of the Talmudic material which
we have mentioned previously do apply here as well.
-
Josephus, Bell. Jud. 2.7.1., "states specifically that
the governor of Judea had the right of life and death over the
populace." [Wils.ExJ,
5] The first Roman prefect, Coponius, had the power - and we
would therefore have to conclude either that he held it alone, or
that he shared it with the Sanhedrin, which would be an
unprecedented and unparalleled concession, of unthinkable
magnitude, on the part of Rome; for as Sloyan [Sloy.JT, 23]
observes:
Jurisdiction was personal from the
emperor and in capital sentences could not be
delegated.
The net of this is stated well by Catchpole [Bamm.TJ, 63]: "The Jews could try, but they could not execute." This, as we
have said, fits the normal Roman praxis of using local officials as
a means to reach the end that they reserved for their own power.
But even supposing that the Gospels were not a reasonably
genuine recounting of events, how would this story get by Jewish
readers who would remember all too well what restrictions the Romans
placed upon them? Jewish rulers - major opponents of Christianity -
would know the ins and outs of the political system extremely well;
they knew that they could argue, appeal, and negotiate with Pilate
-- even threaten (e.g. "no friend of Caesar" - a phrase which
"recalls the frequent manipulation of the treason law for political
ends in Roman public life" - ShW.RSRL, 47).
The dynamics of the story would have made perfect sense to them: The
concessions about the temple precinct, for example, showed them
there was SOME give-and-take (as there was in ALL Roman states).
Nothing out of the ordinary is said in the Gospels, and a totally
one-sided account (either side) would have alerted the reader to
"something fishy" -- just as perfectly harmonized resurrection
accounts would suggest conspiracy, so too would a "one-sided" power
structure. And, there is no reason for John to have invented the
restriction, for the demonstration of Jesus' fulfillment in question
could have been demonstrated easily without it - Bamm.TJ, 63.
So, it is very probable that this was one reason why the
Sanhedrin did not execute Jesus themselves; and the evidence above
certainly lends weight to the claim in John's Gospel that the Jewish
leaders could not perform their own execution. But there is actually
no need to go that far, if we assume that, in the arrest and trial
of Jesus, the Romans had a finger in the pie to start with...and
that's something we will expand upon in our next
section. Pilate
The
Sanhedrin trials are not the only subject of skeptical scrutiny in
the trial accounts. Pilate himself comes under the microscope as
well - but in order to answer questions about what Pilate was up to
in the Gospels, there are other questions that must be dealt with
first.
First to
the technical issues of the Roman trial. Unlike the matter of the
Jewish "trial" scenes, the Roman trial of Jesus has been subjected
to very little critical flak. Most objections center upon non-legal
details, in particular the treatment of Pilate's personality in the
Gospels (versus secular accounts), the trip to Herod, and the
release of Barabbas. We will get to these in a moment; first, let us
deal with minor objections regarding the Roman trial, and the
verification of the Gospels' reportage of it from a legal
perspective.
Carmichael [Carm.DJ, 32;
see also
Carm.UCO, 32] , noting Pilate's straightforward question "Are you king of the
Jews?" simply remarks that "Roman justice must surely have had more
protocol." Needless to say, there is no indication that
Carmichael has even studied the matter of Roman legal protocol; he
also has no cognizance of the sort of admonitions we have offered
about not turning the evangelists into 20th-century court-reporters.
Fricke
[Fric.CMJ,
211] objects that Roman criminal law required direct
confrontation of the parties of the dispute - but I daresay that
there is no indication that this did NOT happen at some point
(indeed, a critical reading of the Gospels suggests that it DID
happen, since Jesus was led to Pilate BY the Jewish leadership!);
and even if it did not, the words of Brandon [Brand.TJ, 93]
are appropriate here: "What was the proper procedure for a
Roman governor on the delivery of a prisoner, accused of sedition by
the Jewish authorities, is not known by any of our sources."
Likewise, Overstreet [Overs.RLTC,
329] , writing on the basis of a study of Roman law: "...a
provincial governor had the legal freedom to conduct a trial as
informally and with as little set procedure as he wished." And,
Wilson
[Wils.ExJ,
130] : "Judicial administration in the provinces was much less
precise and technical than that which was required in Rome
itself."
In
short:
-
We may expect to find that the trial meets Roman standards
- although we may also expect variances owing to local conditions
and customs (i.e., Pilate going outside to meet the Jewish
leaders.)
-
There are some things that we do NOT know; we must judge
by what we DO know - and in that light, the Gospel record stands
out remarkably for its historicity.
-
An adequate summary is presented by Maier [Maie.TDJ,
9] who says that "nothing from the vast resources of Roman
history and law contradicts any aspects of the events of Good
Friday, as traditionally reported in the Gospels."
One final objection is from Craveri, who objects to the complete lack of
references to the trial of Jesus in Roman archives [Crav.LJ, 407] . Craveri does NOT tell his readers that almost
nothing has survived from that time regarding ANY official records
from the provinces to the Roman central administration. This is
therefore an empty
objection. The
Mob
Anti-Semites have often wrongly concluded that the mob
which demanded the release of Barabbas and the execution of Jesus
was representative of the Jewish people. This could hardly be the
case, of course: Despite his many mistakes, Fricke [Fric.CMJ,
205] is certainly correct in saying that the 3000
or so people who would fit into the inner court of the Antonia
Fortress (the place where "the pavement" probably was) were by no
means representative - they would comprise only 2% of all people in
Jerusalem at the time, and not even a thousandth of the Jews alive
on the planet. And there may not have even been that many present:
Smith
[Smit.Mt27,
422] proposes what is probably too low a number, 50-75.
However, the question is the same: Who were these people?
Fricke,
I believe, also rightly rejects the typical answer that these were
fickle citizens who changed their mind about Jesus when they saw Him
humiliated - though there were probably a few of those in the crowd,
too, along with people who probably had no idea what was going on
anyway, some of Jesus' (badly out-numbered and out-shouted)
supporters; people looking for a spectacle, and perhaps even a few people who were on Barabbas' side
and really did want him released. But that would not account for the
majority; who would? Two suggestions are worthy of consideration,
and combined, give us our answer - as well as further insight into
the behavior of Pilate.
The
first suggestion is that the crowd was peppered with bad characters
- "creatures in the pay of the high priest," as one writer cited by
Fricke describes. [Fric.CMJ,
270-1n] This would not be hard to believe - witness the
rounding up of "bad characters" by the Jewish synagogue leaders in
Thessalonica (Acts 17) - and I accept it as partially sufficient.
Schonfield
[Schoe.PP,
153] identified the crowd as "slaves and henchmen" of the high
priest. Winter
[Wint.TJ, 57] , too, suggested that the crowd was composed of "street-rabble"
and was assembled as "a tactical move engineered perhaps by the
priestly rulers to prove that the population of Judea was immune
against being inveighed into insurrection by political agitation."
The method stated last I think may be part of the scene. But there
was neither the time nor the method (that we know of) to round up
enough bad characters to fill the courtyard; there had to be another
source available - and I daresay that we know exactly what that
source was; a source readily available, and intensely loyal (for the
most part) to the high priest.
Ian
Wilson, author of The Evidence for Jesus, made a suggestion
once that I believe deserves some special attention. The machinery
of the Temple was an enormous one - it had "as many as 20,000
attendants"
[Carm.DJ, 113] . Think of this now: After the demonstration by Jesus in the
Temple, which would have caused havoc and dismay among these
attendants (which is not to say among ALL of them) - how hard would
it be for the priestly circle to assemble the 3000 or so needed to
fill the courtyard in front of the Antonia Fortress to capacity, or
even to get together a crowd that was large enough to look good? This is backed up by the Gospel record; for note well how the
priestly clique seems to be in control of things:
Mark
15:11 - the priests "stirred up the crowd" (How, unless the crowd
gave ear to the priests?)
Matt.
27:20 - the priests and elders "persuaded the crowd" (Same
question)
Luke
23:3 - regards the chief priests, rulers, and "the people" as being
of the same mind (How likely is this, unless "the people" in
question are ALREADY on their side?)
John -
refers to "the Jews" as being who did the shouting - and as we have
seen above, for John, "the Jews" in context means, "the
establishment"
And in
his own analysis of alleged anti-Semitism in Luke in particular,
seeking to target where the NT writers assigned blame for the death
of Jesus, Weatherly [Weath.JwLKA,
269] offers a suggestion that applies to all of the Gospels:
It may be that the crowd who called for Jesus'
death was composed primarily of Jerusalemites whose livelihood
depended on the temple and who were especially subject to the
influence of the priesthood, not pilgrims, many of whom may still
have been asleep in the hours just after
dawn.
I think
that this is one of the keys to understanding the politics behind
the prosecution of Jesus - and the WHY of Pilate's supposedly
"strange" behavior. Whatever the source, the point to keep in mind is: THIS WAS A "PAID
CROWD" - a stacked deck, an arranged demonstration - and Pilate was
most assuredly aware of this. Let this be kept in mind as we proceed
now to that
subject. Who is the Real Pontius Pilate? Now to
the broader question: Is the Pontius Pilate recorded in the Gospels
equivalent to the Pontius Pilate known to history? Critics say no,
and we shall let the Still voice the chief
objection:
Further complicating the truth of the Gospel
accounts is the motivations and actions of the Roman Procurator
Pontius Pilate, whom Jesus is brought to by the High Priest. Jesus
is handed over to Pilate, accused of sedition, and Pilate
questions Jesus personally asking him, "Are you the King of the
Jews?" to which Jesus replies "I am." For some reason, the priests
are said to go on "heaping accusations" against Jesus despite the
fact that his sedition was clearly established by Jesus himself.
Even stranger still, Pilate seems to not even care that Jesus
claims to be the King of the Jews and Pilate "wonders" if Jesus is
dangerous. (Mk 15:1-5) At this point the author of Mark is either
blatantly ignorant of the facts, or spinning a good yarn for the
sake of his overall story.
I do not see anywhere in Mark 15:1-5 where Pilate
"wonders" if Jesus is dangerous. He IS amazed by Jesus' lack of
response to the preists' continuing accusations - which is not
surprising in any scenario; Pilate was no doubt accustomed to
prisoners vehemently denying the guilt [Brand.TJ, 93]. Continuing with Still:
This account is quite out of context with the
monster that Philo wrote Gaius Caesar about, reporting that Pilate
was inflexible and "cruel." Further, Josephus reports several
occurrences where Pilate flagrantly incites insurrection in order
to ruthlessly purge it with his soldiers. Pilate was eventually
recalled to Vitellius (then Legate of Syria) after a particularly
violent attack on the Samaritans in 36 CE, and was ordered sent to
Rome in order to stand accusations of the slaughter. (Antiquities
18.4.85) The anti-Semitic Pilate was not the sort of governor that
would have acted with even the slightest civility toward a Jew who
openly admitted to sedition. Pilate's dismal record of purges and
punishments against seditious behavior was anathema and history
shows him to be one of, if not the cruelest of the Procurators of
Judaea.
Still is
not alone in his assessment. Here is a brief compendium of opinions
of the Pilate of the Gospels and the NT, in opposition to the Pilate
of history: "meekly acquiescent to a shouting crowd," [Cross.WKJ,
111] ; "balanced and judicious, if somewhat vacillating" [Sloy.JT, 27] ; "represented as a mild presiding judge who supposedly moved
heaven and earth in a futile attempt to free the accused Jesus," "a
good-natured fellow," "a charming man" (!) <[Fric.CMJ, 4,
11, 209] ; "a feeble figure...vacillating...faint-hearted
weakling...inspired by the most humane and honorable
intentions...dim-witted, weak-minded, but well-meaning" [Wint.TJ, 53-5]
;"a vacillating, compromising individual"[Overs.RLTC,
332] ; "feeble-minded, vacillating" [Burk.ConJ,
327] ;"weak, abject figure" [Brand.TJ,
190n] ; "weak and vacillating" [Wils.ExJ, 18]
; "thoroughly whitewashed," "a good-natured and merciful man." [Cohn.TDJ,
xvi, 164] .
What
does all of this add up to? Brandon [Brand.TJ, 99]
summarizes the case for the prosecution when he says that what
we see in the Gospels in "a tough-minded Roman governor (who)
bargained with a Jewish mob for the release of a prisoner in his
custody, whom he knew to be innocent." The critics find a quandary,
and no solution: Wilson [Wils.ExJ, 22]
says that the only alternatives are that 1) Pilate just
happened to have a change of character around the time of the
Gospels (mid-life crisis, perhaps?); or 2) one or the other of our
sources (Gospels, or Philo/Josephus) are wrong. But I say, there is
a third alternative. What we actually see in the Gospels is: a
tough-minded Roman governor, contemptuous of his subjects and their
leaders , resentful at an attempt to manipulate him for their own
ends, cleverly, maliciously, turning the tables. I shall back up
this scenario shortly; but first, lest some think I am myself out of
my mind, I shall bring up some like-minded opinions and proposals.
We
should first consider whether Wilson's suggestion #2 might have some
validity. It has been noted by McGing [McG.PP]
that Josephus' description of Pilate is surprisingly neutral -
and Philo, who is responsible for the worst descriptions of Pilate,
had his own reasons for making Pilate look bad. The incident
referred to by Still above is in fact the ONLY event that Philo
actually refers to - the rest of his descriptions of Pilate being
typical of what seems to be "a store of standard, highly rhetorical
accusations and even vocabulary, reserved mostly for Roman
(occasionally other) enemies of the Jewish people, and applied with
no great distinction between one Roman and another." [ibid., 433] In
short, and without doubting any particular report made in his
writings, the descriptions of Pilate as inflexible, cruel, etc. seem
to be nothing more than Philo's efforts at stereotyping. Note, also,
the context of the account: As Still notes, this was written to the
attention of Gaius Caesar - aka Caligula. Caligula, we may remember, wanted to set
up a statue of Zeus in the Jewish Temple. Philo, in trying to
persuade him to defer, held up a story (see below) in which Pilate
erected some shields that offended the people, and then was
chastened by Tiberius for his unreasonableness - the point for Philo
being, to hold up the relatively reasonable Tiberius as an example
for Caligula to follow. And thus, it was needful for Philo to make
Pilate look as wicked as possible.
This is
not to say that Pilate was amenable and friendly - but it IS to say that
he was probably no more insensitive, intolerant, or bloodthirsty
than any other Judean procurator, Still's characterization of him as
perhaps "the cruelest" of the procurators notwithstanding. It may be
recalled that Pilate lasted in office for ten years, more than any
other procurator of Judea (his predecessor, Valerius Gratus, lasted
nine years; Felix, referred to in Acts, lasted seven; no other
lasted more than four), which suggests that he may not have been
too off the beam, since that was the typical length of a
procurator's term during the reign of Tiberius, and does indicate a
high degree of stability - especially since, while many appointees
of Pilate's patron, Sejanus, were deposed in AD 31 along with him,
Pilate himself remained in office another five years. [ibid., 434 -
see also
Brow.DMh,
684]. The net of this is: A balanced view of the subject reveals
that the Gospel writers are not at all wrong in their
characterization of Pilate.
But now
let's take a look at that incident recorded by Philo. Glenn Miller
offered the following in answer to Still:
The description of Pilate's behavior accords
PERFECTLY with what we know about him from history--from Philo,
Josephus, and the NT.
Philo, in the strongest passage describing
Pilate's cruelty, also displays the EXACT characteristics of
Pilate that would have generated his Trial-behavior. Earlier in
his career as procurator of Judea, Pilate had set up some votive
shields in Herod's palace, highly offending the Jewish people.
After numerous appeals to him failed, the Jews sent a message to
his 'boss' (two levels up!)--Tiberius--who responded with an
extreme rEBuke to Pilate and orders to capitulate. Philo's account
illuminates the political force Herod and the Jews were able to
generate against him in this matter of the shields ( cited in Kee,
"The Origins of Christianity", 1973, p.50f):
But when the Jews at large learnt of his action
[putting up the shields], which was indeed already widely known,
they chose as their spokesman the king's four sons , who enjoyed
rank and prestige equal to that of kings, his other descendants,
and their own officials, and besought Pilate to undo his
innovation in the shape of the shields, and not to violate their
native customs, which had hitherto been invariably preserved
inviolate by kings and emperors alike. When Pilate, who was a man
of inflexible, stubborn, and cruel disposition, obstinately
refused, they shouted, "Do not cause a revolt! Do not cause a war!
Do not break the peace! Disrespect done to our ancient laws brings
no honor to the emperor. Do not make Tiberius an excuse for
insulting our nation. He does not want any of our traditions done
away with. If you say that he does, show us some decree or letter
or something of the sort, so that we may cease troubling you and
appeal to our master by means of an embassy." This last remark
exasperated Pilate most of all, for he was afraid that if they
really sent an embassy, they would bring accusations against the
rest of his administration as well, specifying in detail his
venality, his violence, his thefts, his assaults, his abusive
behavior, his frequent executions of untried prisoners, and his
endless savage ferocity...When the Jewish officials...realized
that Pilate was regretting what he had done, although he did not
wish to show it, they wrote a letter to Tiberius, pleading their
cause as forcibly as they could. What words, what threats Tiberius
uttered against Pilate when he read it! It would be superfluous to
describe his anger, since his reaction speaks for itself. For
immediately, without even waiting for the next day, he wrote to
Pilate, reproaching and rEBuking him a thousand times for his
new-fangled audacity and telling him to remove the shields at once
and have them taken from the capital..."
Notice a couple of things about this story:
1. The Jews 'tell on' Pilate to his
boss;
2. The group that did this was headed up by
Antipas (and his three brothers);
3. Pilate got seriously chewed out(!) by the
emperor, IN SPITE OF his 'patron' Sejanus in Rome (BNTH: 201;
BBC:311)
Now there is a good chance Pilate (as a shrewd
politician) probably learned something from this experience! Maybe
like, 'pacify these folk if you think they are gonna tell on
you!'! So, in the gospel accounts of the Trial, we see Pilate
playing politics versus justice. He finds nothing wrong with Jesus
and tries to let him go (maybe even to irritate the Jews), but as
soon as the not-so-veiled threat of 'telling on him' is raised
(cf. John 19.12: the Jews kept shouting, "If you let this man go,
you are no friend of Caesar. Anyone who claims to be a king
opposes Caesar."). So Tenney:
The phrase "friend of Caesar" was more than a
casual allusion to Roman patriotism. It usually denoted a
supporter or associate of the emperor, a member of the important
inner circle. The cry was a veiled threat: if Pilate exonerated
Jesus, the high priest would report to Rome that Pilate had
refused to bring a rival pretender to justice and was perhaps
plotting to establish a new political alliance of his own.
Tiberius, the reigning emperor, was notoriously bitter and
suspicious of rivals. If such a report were sent to him, he would
instantly end Pilate's political career and probably his life
also. Pilate also had the problem of a much larger than normal
crowd--Jerusalem would have been swollen with people for the
Feast. A riot or uprising (on the heels of the recent one--cf.
Luke 23.19) would have also been a major concern of Pilate.
Pilate does NOT appear 'sympathetic' at all--he
DOES appear 'confused' as to what is the most politically
expedient path. If he appears conciliatory to the crowd (in the
crucifixion) or to Antipas (in sending Jesus to him first), it is
perfectly in keeping with his character/experiences for us to see
political motives rather than noble ones.
Miller
is clearly on track here, especially where he says that Pilate was
out to "irritate" the Jews. Let's run through events in the Gospels
as we see them - keeping in mind these factors mentioned
before:
a)
Roman forces may have been involved in the arrest of Jesus. This
is not strictly necessary to our scenario. The key will be what
these forces see, not what they do, and what they saw could also
have been gathered by Pilate's intelligence workers - and that is:
that Jesus did NOT resist arrest; that He had only three followers
with Him, who put up token resistance and then fled at His bidding;
and finally, though not necessarily, that the Jewish leadership had
a grudge against this man.
b)
The mob in the courtyard was an "arranged" crowd - and Pilate
was fully cognizant of who they were, why there were there, and who
was leading them.
To these
two preliminaries, we now add four others:
c) The dream of
Pilate's wife. (Mt. 27:19) Critics generally dismiss this record
out of hand. Carmichael [Carm.DJ, 37; Carm.UCO, 90] says it "scarcely calls for comment." Sloyan [Sloy.JT, 84] refers to it as an "improbable account." Craveri [Crav.LJ, 409] dismisses it as a story invented "for the edification of Roman
matrons" - which would be a strange thing to suggest for a
JEWISH-oriented Gospel, and at any rate, one wonders how "edifying"
a single sentence could be. I do not propose that this dream be
attached with too much importance; it may not have affected Pilate
at all, though Matthew and his source perhaps thought it did. What
is far more important is what ELSE it indicates!
d) Pilate was aware
of the impending arrest of Jesus beforehand. This is corollary
with item a) above. It has been noted by Winter [Wint.TJ, 47] that the meeting with Pilate very early in the morning
"indicates that he must have had advance information about what was
taking place in the night." (See also Sloy.JT, 71-2.)
Critics often simply assume that the priests woke Pilate up, and
then proceed to make much of that; but this is exceptionally
presumptuous. It is unlikely that this case would have
proceeded in the manner described unless Pilate had known what was
coming beforehand. And at any rate, it was not uncommon for Roman
officials to begin their workday before dawn and end it around
noon. And finally:
e) Pilate was an
insensitive boor. We have already seen instances
where Pilate disrespected Jewish beliefs, as recorded in Philo and
Jospehus - these indicate the "contemptuous manner in which Pilate
dealt with the people of the province." [Wint.TJ, 54-5]
More generally speaking, though, Pilate was one who cared not a
whit for the feelings of others, and regarded them with haughty
disdain - so you can imagine how much he cared about the feelings of
his subjects. Winter [ibid.] adds:
As a
Roman realist, Pilate had no understanding of the workings of a
priest-ridden theocracy nor any patience with his subjects' habits
of squabbling about 'names and words.'
Pilate
disliked (perhaps even hated) his subjects, and he probably liked to
annoy them. He, like many Romans, disliked the Jews and their
customs - and this is a key, in our view, to understanding what
actually happened. The Gospel Pilate IS the same as the Philo Pilate
and the Josephus Pilate - we have simply read the wrong thing into
the records of the evangelists.
Now some may say:
"This seems rather complicated. Can we really read something
different into the Gospel text? The evangelists sure make Pilate
look nice!" I submit that it is possible that one or more of the
evangelists interpreted Pilate in a positive way. Rivkin [Rivk.WCJ,
115] , who proposes a similar scenario to that which we will
propose, writes:
Pontius
Pilate's strategy, however, could hardly have been discerned by
the politically naive followers of Jesus. All they could see and
comprehend was that the crowds, egged on by the priests, were
calling for Barabbas. Little wonder that their anger would be
directed against the other Jews, rather than against Pontius
Pilate, who was taunting the crowd to name Jesus their king.
And Rivkin closes with
a statement that lays the foundation for our interpretation, and
his:
When we
read of this incident in the light of our knowledge of Pilate's
provocative tricks, we are struck by its ring of historical
truth.
And so we conclude: We
must let the secular histories interpret the Gospels for Pilate's
case. It is natural for us to "root for" Pilate
as he "tries to set Jesus free" - but this is not what is happening
at all. I submit, again, that we have been reading the Gospels
askew, and further, that the evangelists did indeed know what was
going on. It is only the modern reader, Christian and Skeptic alike,
who being unaware of political machinations and having distance from the
subjects has given Pilate a character that he never had and that the
Gospel writers, though perhaps grateful to Pilate for ANY chance for
the freedom of Jesus, never intended.
And with that, let us
run through the Gospel accounts of Pilate's role a bit at a
time.
We begin with what we
have already recounted. Pilate knows that an arrest is coming. He
has been told that a seditionist, possibly dangerous, will be
arrested; he has also perhaps been asked to supply some Roman troops
to help out. This would be rather important, because recall that
there were only about 3000 Roman soldiers in all of Judea, and 600
or so normally stationed in Jerusalem. During the volatile Passover
season, the presence of these troops was even more crucial: They
could not be used out for just any occasion. They would no doubt
have been taken from some other post, or denied a well-earned
nights' sleep, to participate in Jesus' arrest.
Now, if this did
happen, were the priests being deceptive here, bringing in forces
they did not need at Pilate's expense? To be sure, the priests may
have indeed thought that Jesus' followers would put up a major fight
that their Temple police could not handle. But the key is, what
would Pilate think, upon hearing that his much-needed troops were
called upon to arrest someone who turned out to have an "army" of
three disciples with only two swords between them? How would Pilate
react when told that the seditionists' followers had fled into the
darkness and the troops had been called out for nothing? His time
and his resources had been wasted. What if a REAL revolt had broken
out, and his soldiers had been lost or killed? What would Rome have
made of such carelessness? They did NOT look kindly upon
people who wasted legions. But even without the soldiers involved,
Pilate would still be fairly upset about the inconvenience and
perceived manipulation in the rest of the situation.
Let's now look quickly
at our primary sources:
Matthew: Meanwhile
Jesus stood before the governor, and the governor asked him, "Are
you the king of the Jews?" "Yes, it is as you say," Jesus replied.
When he was accused by the chief priests and the elders, he gave
no answer. Then Pilate asked him, "Don't you hear the testimony
they are bringing against you?" But Jesus made no reply, not even
to a single charge--to the great amazement of the
governor.
Mark:
They bound Jesus, led him away and handed him over to Pilate.
"Are you the king of the Jews?" asked Pilate. "Yes, it is as you
say," Jesus replied. The chief priests accused him of many things.
So again Pilate asked him, "Aren't you going to answer? See how
many things they are accusing you of." But Jesus still made no
reply, and Pilate was amazed.
Luke: Then the
whole assembly rose and led him off to Pilate. And they began to
accuse him, saying, "We have found this man subverting our nation.
He opposes payment of taxes to Caesar and claims to be Christ, a
king." So Pilate asked Jesus, "Are you the king of the Jews?"
"Yes, it is as you say," Jesus replied. Then Pilate announced to
the chief priests and the crowd, "I find no basis for a charge
against this man." But they insisted, "He stirs up the people all
over Judea by his teaching. He started in Galilee and has come all
the way here."
>At this point, Luke
adds his unique story about Herod; we will get to that in the next
entry.
Luke: Pilate called
together the chief priests, the rulers and the people, and said to
them, "You brought me this man as one who was inciting the people
to rebellion. I have examined him in your presence and have found
no basis for your charges against him. Neither has Herod, for he
sent him back to us; as you can see, he has done nothing to
deserve death. Therefore, I will punish him and then release
him."
John: So Pilate
came out to them and asked, "What charges are you bringing against
this man?" "If he were not a criminal," they replied, "we would
not have handed him over to you." Pilate said, "Take him
yourselves and judge him by your own law." "But we have no right
to execute anyone," the Jews objected. This happened so that the
words Jesus had spoken indicating the kind of death he was going
to die would be fulfilled. Pilate then went back inside the
palace, summoned Jesus and asked him, "Are you the king of the
Jews?" "Is that your own idea," Jesus asked, "or did others talk
to you about me?" "Am I a Jew?" Pilate replied. "It was your
people and your chief priests who handed you over to me. What is
it you have done?" Jesus said, "My kingdom is not of this world.
If it were, my servants would fight to prevent my arrest by the
Jews. But now my kingdom is from another place." "You are a king,
then!" said Pilate. Jesus answered, "You are right in saying I am
a king. In fact, for this reason I was born, and for this I came
into the world, to testify to the truth. Everyone on the side of
truth listens to me." "What is truth?" Pilate asked. With this he
went out again to the Jews and said, "I find no basis for a charge
against him.
From here, all four
Gospels go to the choice between Jesus and Barabbas; that too shall
be covered in a separate section. But now to our reconstruction.
Matthew and Mark
report nothing that is not given elsewhere, other than two very
critical statements:
1) The "envy"
passages. (Matt. 27:18; par. in Mark 15:10.) This reads as
follows in Matt, and is basically the same in Mark:
>For he
knew it was out of envy that they had handed Jesus over to
him.
Here is our clue that
Pilate knew something smelled bad, and that his actions in sending
Jesus to Herod, offering Barabbas, etc. were NOT because he liked
Jesus, or because he was being weak or vacillating, or because he
was "charming," or even because he was standing up for the ancient
and honorable Roman principles of fairness and justice. The actual
mood and motive of Pilate is captured very well by Schonfield [Schoe.PP,
151] :
But
(Pilate) had the feeling that something was wrong, and that an
attempt was being made to trap him. He did not trust these
priests, and well knew the hostility of the Council towards him
because of his disrespect for Jewish institutions. It seemed
unnatural to him that the chief priests should be accusing a
fellow Jew of conspiracy against Rome. Likely as not the prisoner
was a man of no consequence who was being used to make
trouble.
Brooks <[Broo.Mk, 251] remarks:
>Pilate
quickly realized that the Jews did not ordinarily deliver one of
their own to him for any purpose and certainly not for claiming to
be a king in opposition to Roman rule. He quickly realized that
the Jewish officials had other issues probably of a religious
nature against Jesus, issues in which he had no interest. His
attempt to release Jesus was not likely based on principles of
humanity or justice, but on spite. (emphasis
added)
And finally, Blinzler [JBz.TJ, 183] adds:
(The
high priests) wanted to get rid of someone who had become
obnoxious to them, and (Pilate), the Roman official, was to serve
as their tool in this. Seen in this light, the resistance of
Pilate to the Jews' demand is completely
understandable.
This gives us part of
the picture - and we must also consider how Pilate came to these
realizations as described. But first we go back to Matt's unique
contribution:
2) The warning of
Pilate's wife. (Matt. 27:19)
While
Pilate was sitting on the judge's seat, his wife sent him this
message: "Don't have anything to do with that innocent man, for I
have suffered a great deal today in a dream because of
him."
The critics scoff, but
we find this to be a clue. Frank Morison [Mori.WMS, 51], though affirming the role of Pilate as "nice guy" to a
certain extent, I believe had a remarkable piece of insight
concerning this incident. He has noted the urgency of the request,
and observed that Pilate's wife:
>...had
reason to believe that Pilate intended to ratify the finding of
the Jewish tribunal without rehearing, or at any rate with a bare
minimum of official formality. In other words, that he had
practically decided to conform the Jewish decision, and had
probably already given assurances to that effect
overnight.
So: Pilate not only
knew of the arrest, but had an understanding established with the
Jewish leaders that he would approve of their findings in advance;
and Morison believes that Pilate's wife was the one that made him
think twice. This, I think, may have been a contributing factor,
especially if Pilate was superstitious about dreams and omens, as
many Romans were. But I also say that there was another
factor:
3) The reports of
the Roman forces.
Here is where the report that Pilate receives comes into
play - whether from the soldiers or from other intelligence is of
little import. Pilate may have heard of any number of things prior
to the presentation of the prisoner: Of the peculiar nature of the
arrest; of the peculiarities of the Jewish interrogation, which
focused rather on obscure points of Jewish religion than on
political charges...the end result would be the same: Pilate saw
that there was no real danger, and that he was being used by the
Jewish leadership. And if you are Pilate, you do not like being used
one bit.
And now we go to our sources of greatest historical value.
First a summary:
Luke: Then the whole assembly rose
and led him off to Pilate. And they began to accuse him, saying,
"We have found this man subverting our nation. He opposes payment
of taxes to Caesar and claims to be Christ, a king." So Pilate
asked Jesus, "Are you the king of the Jews?" "Yes, it is as you
say," Jesus replied. Then Pilate announced to the chief priests
and the crowd, "I find no basis for a charge against this man."
But they insisted, "He stirs up the people all over Judea by his
teaching. He started in Galilee and has come all the way
here."...
Pilate called together the chief priests,
the rulers and the people, and said to them, "You brought me this
man as one who was inciting the people to rEBellion. I have
examined him in your presence and have found no basis for your
charges against him. Neither has Herod, for he sent him back to
us; as you can see, he has done nothing to deserve death.
Therefore, I will punish him and then release
him."
John: So Pilate came out to them
and asked, "What charges are you bringing against this man?" "If
he were not a criminal," they replied, "we would not have handed
him over to you."
Pilate said, "Take him yourselves and
judge him by your own law." "But we have no right to execute
anyone," the Jews objected. This happened so that the words Jesus
had spoken indicating the kind of death he was going to die would
be fulfilled. Pilate then went back inside the palace, summoned
Jesus and asked him, "Are you the king of the Jews?" "Is that your
own idea," Jesus asked, "or did others talk to you about me?" "Am
I a Jew?" Pilate replied. "It was your people and your chief
priests who handed you over to me. What is it you have done?"
Jesus said, "My kingdom is not of this world. If it were, my
servants would fight to prevent my arrest by the Jews. But now my
kingdom is from another place." "You are a king, then!" said
Pilate. Jesus answered, "You are right in saying I am a king. In
fact, for this reason I was born, and for this I came into the
world, to testify to the truth. Everyone on the side of truth
listens to me." "What is truth?" Pilate asked. With this he went
out again to the Jews and said, "I find no basis for a charge
against him.
Here again I believe Morison has detected something of
importance. Luke has also presented a summary; but John fills in the
blanks for us. The events in order would be as follows:
Luke: Then the whole assembly rose
and led him off to Pilate.
John: So Pilate came out to them
and asked, "What charges are you bringing against this man?" "If
he were not a criminal," they replied, "we would not have handed
him over to you."
Pilate said, "Take him yourselves and
judge him by your own law." "But we have no right to execute
anyone," the Jews objected. This happened so that the words Jesus
had spoken indicating the kind of death he was going to die would
be fulfilled.
Luke: And they began to accuse
him, saying, "We have found this man subverting our nation. He
opposes payment of taxes to Caesar and claims to be Christ, a
king."
John: Pilate then went back inside
the palace, summoned Jesus and asked him, "Are you the king of the
Jews?" "Is that your own idea," Jesus asked, "or did others talk
to you about me?" "Am I a Jew?" Pilate replied. "It was your
people and your chief priests who handed you over to me. What is
it you have done?" Jesus said, "My kingdom is not of this world.
If it were, my servants would fight to prevent my arrest by the
Jews. But now my kingdom is from another place." "You are a king,
then!" said Pilate. Jesus answered, "You are right in saying I am
a king. In fact, for this reason I was born, and for this I came
into the world, to testify to the truth. Everyone on the side of
truth listens to me." "What is truth?" Pilate asked. With this he
went out again to the Jews and said, "I find no basis for a charge
against him.
Luke (at the same time): So Pilate
asked Jesus, "Are you the king of the Jews?" "Yes, it is as you
say," Jesus replied. Then Pilate announced to the chief priests
and the crowd, "I find no basis for a charge against this man."
But they insisted, "He stirs up the people all over Judea by his
teaching. He started in Galilee and has come all the way
here."
And now we will break this up, a bit at a time - and see how
the true character of Pilate emerges in light of our
scenario.
Luke: Then the whole assembly rose
and led him off to Pilate.
John: So Pilate came out to them
and asked, "What charges are you bringing against this
man?"
Brandon [Brand.TJ,
131] here would have us believe that this passage in John
"represents Pilate as having no previous knowledge of Jesus." But I
say: It is the opposite. The difference here is that Pilate DOES
know about Jesus - he knows that Jesus is not the dangerous
seditionist that Caiaphas and the priests claimed that He was, and
by now, as Schonfield surmises, suspects that a setup of some kind
is afoot - perhaps that this was some sort of revenge plot for
earlier taking the Corban money from the Temple treasury to build an
aqueduct
[Schoe.PP,
152] . Jesus was a nuisance, perhaps, and may have technically
committed sedition; but He was no leader of an army. So: This is the
official beginning of a Roman trial - an expressed intent by Pilate
to hear a case that the priests assumed would merely be a
rubber-stamp upon their own findings and decision.
"If he were not a criminal," they
replied, "we would not have handed him over to you." Pilate said,
"Take him yourselves and judge him by your own law."
The Jewish leadership, of course, is stunned. As Morison [Mori.WMS,
56-7] puts it:
The priests resented Pilate's sudden
determination to rehear the case. They were clearly under the
impression that he would not insist on a formal restatement of the
case against Jesus, and they appear to have come without any
prepared or public accusation at all...They would hardly have made
so insolent and pointed a reference to ratification of their
sentence if they had not been led in some way to expect
it.
Of course they were resentful: Up until now, it had all gone
their way. And thus does Pilate tell them, "Take him yourselves and
judge him by your own law!" - another clue that Pilate DID know that
there was actually some religious matter at issue, and a sarcastic
way of saying, "You wasted my troops' time; you had me awake until
all hours of the night - leave me out of your petty squabbles and
manipulations. I will not be your hatchet man!" And so:
"But we have no right to execute anyone,"
the Jews objected. This happened so that the words Jesus had
spoken indicating the kind of death he was going to die would be
fulfilled.
We have previously discussed the matter of capital power. At
any rate, we now see the Jewish leaders recouping quickly, and
putting together a few political charges that Pilate would be
interested in:
Luke: And they began to accuse
him, saying, "We have found this man subverting our nation. He
opposes payment of taxes to Caesar and claims to be Christ, a
king."
These charges may have been put together on the spot, as
Morison suggests; or they may have been part of the plan from the
beginning - a contingency just in case Pilate became uncooperative.
At any rate, we have previously discussed the dovetailing of the
religious charge onto the political one, above. This was on all
accounts a shrewd move, but it is doubtful that it was enough to
alleviate Pilate's suspicions after all he had heard from his
soldiers and/or intelligence sources.
Still, there was a charge to work on here: The man claimed
to be a king, and Pilate may have gotten a report about the
Triumphal Entry. Pilate would rather be safe than sorry, and may
well have been curious by now, so:
John: Pilate then went back inside
the palace, summoned Jesus and asked him, "Are you the king of the
Jews?" "Is that your own idea," Jesus asked, "or did others talk
to you about me?" "Am I a Jew?" Pilate replied. "It was your
people and your chief priests who handed you over to me. What is
it you have done?" Jesus said, "My kingdom is not of this world.
If it were, my servants would fight to prevent my arrest by the
Jews. But now my kingdom is from another place." "You are a king,
then!" said Pilate. Jesus answered, "You are right in saying I am
a king. In fact, for this reason I was born, and for this I came
into the world, to testify to the truth. Everyone on the side of
truth listens to me." "What is truth?" Pilate asked. With this he
went out again to the Jews and said, "I find no basis for a charge
against him.
Luke: So Pilate asked Jesus, "Are
you the king of the Jews?" "Yes, it is as you say," Jesus replied.
Then Pilate announced to the chief priests and the crowd, "I find
no basis for a charge against this man." But they insisted, "He
stirs up the people all over Judea by his teaching. He started in
Galilee and has come all the way here."
It is difficult to conceive what Pilate would be thinking at
this point. I doubt that it is as many traditional commentators have
suggested: That he received some cognizance as to who Jesus really
was. Burkill
[Burk.ConJ,
322n], for example, resorts to seeing sophisticated
theological subtleties, insisting that in asking "What is truth?"
Pilate "represents the type of the restless outsider who, while
fleetingly trying, fails to grasp the impact of the Christian
mystery of salvation." More likely, however, Pilate saw Jesus as a
"deluded maniac" [Schoe.PP,
151] - and became very quickly tired of Jesus' elusive and
(to him) nonsensical answers to his seemingly straightforward questions. Not
only were the Jews trying to trick him; they were trying to make
sport of him by sending him this country preacher with
serious delusions of grandeur. Pilate's fury at the Jews would
surely be multiplied - as would his determination to beat them at
their own game, and teach them a lesson for their trickery. As for
this Jesus character - he was already a pawn in the game; why not
use Him a little further?
It is at this point that Pilate sends Jesus to Herod - and
we encounter another set of roadblocks that deserve to be
dealt with separately.
Herod
This
episode, recorded only by Luke, has come under some serious critical
fire. "(P)ure Lukan creation," Crossan says [Cross.WKJ,
113] , offering presumptions of apostolic
dishonesty and takes upon "prophecy historicized" to
explain the story. The same suggestion is made by Wilson [Wils.ExJ,
138], who also commits an "all or nothing" error by
objecting that Luke portrays the Jewish authorities as remaining
with Pilate at his headquarters; so, they could not have gone to
Herod. This is rather unrealistic: There were plenty of priests and
elders available to send a delegation, of course. Carmichael [Carm.UCO, 91]
calls the visit to Herod "quite preposterous" and says "it is
silly to imagine that Pilate would have renounced his own
jurisdiction in a matter affecting the security of the state."
Although, Carmichael himself has the outrageous idea that
Jesus was a dangerous revolutionary who seized and occupied the
Temple, which means that the problem is of his own creation.
Improbable, says Brandon [Brand.TJ,
121], although he can find no reason to say why, other than
that no other Gospel mentions it. There was no need for it, and such
action would not be in Pilate's character, says Craveri [Crav.LJ, 402].
Under
our scenario, the trip to Herod becomes very sensible. The Jewish
leaders had charged Jesus with stirring up the people, FIRST in
Galilee and THEN in Judea. I can almost hear Pilate licking his
chops, and the Jewish leaders trying to suck that complaint back
into their mouths. He started in Galilee, you say? Maybe He did
something worthy of extradition. And there is nothing
incredible reported here [Bamm.TJ, 85-9;
Overs.RLTC,
330] : Herod was known to have attended feasts in Jerusalem
(though which ones exactly, we do not know); while Pilate was under
no legal OBLIGATION to send Jesus over to Herod, he could certainly
do so of his own volition; provincial governors (like Pilate) were
free to ask for advice from anyone they pleased, even from another
provincial governor (like Herod - who, being from Galilee, was
likely a seasoned expert when it came to insurrectionists - Brow.DMh,
766); and while there was a rule, in principle, that Roman
authorities could not execute their power outside their jurisdiction
(assuming that Herod and his retinue did not have "floating
jurisdiction" - much like our embassies today), Roman give-and-take
may have allowed for exceptions - as with Agrippa conducting Paul's
trial in the territory of Festus (Acts 25-6), with the permission of
Festus. It is even possible that Pilate knew of Herod's desire to
see Jesus.
And what
did Pilate have to lose? If Herod passed judgment on Jesus, he could
(as tetrarch) take him back to Galilee and execute Him, and Pilate
would throw the priests' manipulation back in their faces. And even
if Herod did not take that step (which is what happened), Pilate
gained the advantage of a diplomatic gesture (which he may have
needed, after offending Herod by massacring those Galileeans
referred to by Luke or setting up the votive shields in Jerusalem - Brow.DMh,
767). Not only that, but Pilate may have seen the trip to Herod as a
good way to gain time to set a counter-manipulation of his OWN into
action - one which I would say came to fruition in the Barabbas
exchange. The net of this is: The story makes perfect sense, and is
in line with what we know about both Pilate AND Herod in light of
the circumstances.
Barabbas
A final
objection concerns the custom alluded to in the Gospels of releasing
a single prisoner on Passover - which permitted the choice between
Jesus and Barabbas. Critics line up to dismiss this event: Crossan [Cross.WKJ,
111] calls the scene "absolutely unhistorical" and cites two
reasons, which we will use to begin:
1) It
portrays Pilate as "merely acquiescent to a shouting crowd."
Under our scenario, however, the crowd is a paid one - and
Pilate knows it. Let's see how this works out exegetically, using
Matthew as a framework, and pieces from Luke and John that add to
the picture (Mark adds nothing that is not repeated
elsewhere):
Matthew: So when the crowd had gathered,
Pilate asked them, "Which one do you want me to release to you:
Barabbas, or Jesus who is called Christ?" For he knew it was out
of envy that they had handed Jesus over to him.
This, as
we have seen, is one of our clues that Pilate knows the score: Envy
was the motivation here. The leaders wanted Pilate to handle their
problem with a popular preacher in a way that would not soil their
own hands.
Matthew: While Pilate was sitting on the
judge's seat, his wife sent him this message: "Don't have anything
to do with that innocent man, for I have suffered a great deal
today in a dream because of him."
We've
already discussed this matter above.
Matthew: But the chief priests and the
elders persuaded the crowd to ask for Barabbas and to have Jesus
executed. "Which of the two do you want me to release to you?"
asked the governor. "Barabbas," they answered. "What shall I do,
then, with Jesus who is called Christ?" Pilate asked. They all
answered, "Crucify him!" "Why? What crime has he committed?" asked
Pilate. But they shouted all the louder, "Crucify him!"
Of
course as Matthew presents this, it is probably a summary, an
ipsissima vox; we need not take this as verba. But here is the basic
idea: Pilate, knowing what's afoot, has decided to turn the tables
on the crowd and their priestly supervisors: So you want me to
execute your little problem? Let's see how important it is to you -
I'll make you choose between the preacher and a REAL seditionist.
You can choose the preacher (who by Roman law, could indeed be
regarded as seditious, but was harmless, perhaps even crazy), and
give up your manipulation; then, I win the game - or, you can prefer
to follow your grudge, choose the seditionist (who actually went as
far as participating in an insurrection, and killing someone), and
then I'll be able to make all of YOU look like you support seditious
activities. For as Brandon [Brand.TJ, 99]
rightly recognizes, to request the release of Barabbas would
have indeed been regarded as seditious. In reply, Rome might do anything -- send more troops, or perhapstake away some of those vaunted privileges yhe Jews were getting. We
can easily see Pilate grinning broadly at the first response of
"Crucify him!" - they had taken the bait; and so he twisted the
knife a bit: "Why? What crime has he committed?"
Lest
some think this far-fetched, let us call upon Rivkin [Rivk.WCJ,
104] for a similar opinion, in a slightly different
direction:
As one who was given to provoking the Jews with
wily stratagems, Pilate was not beyond using a politically naive
charismatic, one who claimed to be their king, to entrap the
Jews...Pilate was, in effect, compelling them to choose the
revolutionary. They would fear to choose the other, lest Pilate
loose his soldiery on them for acknowledging a king other than
Caesar.
Again,
Rivkin's scenario is not quite the same as ours - but it does
picture the entire Barabbas episode as part of a manipulation game
by Pilate, which we agree that it was. Continuing:
Matthew: When Pilate saw that he was
getting nowhere, but that instead an uproar was starting, he took
water and washed his hands in front of the crowd. "I am innocent
of this man's blood," he said. "It is your responsibility!" All
the people answered, "Let his blood be on us and on our children!"
Then he released Barabbas to them.
At this
point, as with the loyal Jewish citizens who bared their necks
rather than give up their principles, Pilate may have indeed gotten
a surprise of his own here. He found out just how far the priestly
crowd was willing to go to get the job done. Still, he twisted the
knife even further. Using a uniquely Jewish gesture (in part,
perhaps, because some of the crowd would not have understood the
language he spoke), he threw the whole issue back in their faces by
washing his hands in front of them.
As an added note, this
"blood" verse has been manipulated by anti-Semites to indicate that
the Jewish people accepted blood-guilt for the execution of Jesus,
knowing that He was innocent [see Smit.Mt27].
But evidence indicates that this is NOT that kind of statement at
all. As Sloyan
[Sloy.JT, 85] observes:
>The
expression, far from being a self-inflicted curse, is a strong
statement of innocence. It appears in later, mishnaic form in the
Tractate Sanhedrin 37a, where in capital cases the witness uses
the invocation as a proof of his innocence. If he is lying,he is
willing to have the blood of the accused fall on himself and his
offspring until the end of the world.
>Of course, this does
come from a late source, but it would be unusual if this phrase
meant something exactly the OPPOSITE of what it did previously.
Matthew: But he had
Jesus flogged, and handed him over to be
crucified.
Luke: Wanting to
release Jesus, Pilate appealed to them again. But they kept
shouting, "Crucify him! Crucify him!" For the third time he spoke
to them: "Why? What crime has this man committed? I have found in
him no grounds for the death penalty. Therefore I will have him
punished and then release him." But with loud shouts they
insistently demanded that he be crucified, and their shouts
prevailed. So Pilate decided to grant their
demand.
Barabbas was out, but Pilate wasn't through yet. With his usual contempt,
he wants to irritate the Jewish leaders' sensibilities by hinting
that Jesus ought to be released - certainly, we might add, not
because he cared for Jesus. And again, perhaps, he is
astonished by the vehemence of the reply.
The Synoptics end the
story here, but John tells us that a bit more was afoot:
John: They shouted
back, "No, not him! Give us Barabbas!" Now Barabbas had taken part
in a rebellion. Then Pilate took Jesus and had him flogged. The
soldiers twisted together a crown of thorns and put it on his
head. They clothed him in a purple robe and went up to him again
and again, saying, "Hail, king of the Jews!" And they struck him
in the face. Once more Pilate came out and said to the Jews,
"Look, I am bringing him out to you to let you know that I find no
basis for a charge against him." When Jesus came out wearing the
crown of thorns and the purple robe, Pilate said to them, "Here is
the man!" As soon as the chief priests and their officials saw
him, they shouted, "Crucify! Crucify!" But Pilate answered, "You
take him and crucify him. As for me, I find no basis for a charge
against him."
This is really nought
but more of the same (if it is not simply an expansion and literary
rearrangement of previous events): Pilate taking further steps to
irritate his subjects. In our view, Pilate was being confrontational
here: He KNEW, of course, that they could not perform their own
crucifixion, and that to do so would be a usurpation of Pilate's
prerogative and power -- sedition. He was saying basically (though
by our scenario, calculatingly), "He is innocent in my eyes...if you
think you are better and more authoritative than I, then you act
upon that assumption -- crucify him...and THEN SEE what happens, as
Rome judges between the two of us." Again, in light of the fact that
Pilate is fully cognizant of their purposes - turning over Jesus out
of "envy" and using him as their hatchet man for their own private
grudges - Pilate's reaction becomes quite understandable.
The Jews
insisted, "We have a law, and according to that law he must die,
because he claimed to be the Son of God." When Pilate heard this,
he was even more afraid, and he went back inside the palace.
"Where do you come from?" he asked Jesus, but Jesus gave him no
answer. "Do you refuse to speak to me?" Pilate said. "Don't you
realize I have power either to free you or to crucify you?" Jesus
answered, "You would have no power over me if it were not given to
you from above. Therefore the one who handed me over to you is
guilty of a greater sin."
The Jews then insist,
in so many words, that Jesus must die - but they take no
responsibility for it themselves. We see here, and thereafter (John
19:12-16), then, a game of "hot potato" being played out between the
crafty Pilate and the equally crafty priestly leaders, tending their
crowd. Neither wanted to be responsible for executing Jesus: The
leaders because of the crowds that were NOT on their side, Pilate
because he did not want to permit them their manipulation. (In line
with this, again, Watson suggests that the priests wanted Pilate to
do the dirty work in order to avoid public backlash upon
themselves.)
Now a good question
here is: What was Pilate "afraid" of? The word in the text has a
suggestion of alarm, or awe - so that perhaps Pilate was shocked at
the magnitude of Jesus' claims, and the corresponding vehemence of
the reaction, perhaps something that could lead to a real riot. The
question is an open one. It is almost certainly NOT, as pious
commentators are wont to say, that Pilate was afraid of Jesus
Himself - else, he would not speak to Jesus in such a threatening
and condescending manner.
From
then on, Pilate tried to set Jesus free, but the Jews kept
shouting, "If you let this man go, you are no friend of Caesar.
Anyone who claims to be a king opposes Caesar." When Pilate heard
this, he brought Jesus out and sat down on the judge's seat at a
place known as the Stone Pavement (which in Aramaic is Gabbatha).
It was the day of Preparation of Passover Week, about the sixth
hour.
The leaders now play
their final card: The "friend of Caesar" routine (see above).
Checkmate, Pilate? Not quite - he still has the knife in his
hands:
"Here is
your king," Pilate said to the Jews. But they shouted, "Take him
away! Take him away! Crucify him!" "Shall I crucify your king?"
Pilate asked. "We have no king but Caesar," the chief priests
answered. Finally Pilate handed him over to them to be crucified.
So the soldiers took charge of Jesus.
And now Pilate gets
the satisfaction he wants: He has forced the manipulators to say the
unthinkable. He has against them that they have called for the
freedom of Barabbas over a harmless (and perhaps crazy) country
preacher; and now, surely biting their lips in unison, they make the
pledge in favor of Caesar - lest Pilate have grounds to charge them
with sedition as well, we might add.
The game closes with
Pilate in the lead. He makes one final contemptuous gesture with the
inscription upon the cross, "This is the King of the Jews." - as if
to say, "Here is your king - a crucified, pitiable creature, one
appropriate for you pathetic Jews."
So understood properly, there is nothing out of character for
Pilate here. Let us move now to more general objections on the
Barabbas matter:
2) It would be a custom "against any administrative wisdom" to
release any criminal the crowd desired. This would be true if
the criminals in question were chosen simply by the whim of the
crowd from a large gallery; but if it was a "handpicked" set offered
up (i.e., just a choice of 2, as in this case), then this need not
be so. (See #5 below for further details.)
3) This custom never existed. Still brought up the typical
objection that this was ahistorical, and was answered by Miller:
It would be accurate to say "we HAVE NO RECORD of a
custom of releasing prisoners on a Palestinian holiday...".
However, it is not out of line with what we know
about the political climate of the day. We know, for example, that
political prisoners (like Barabbas) WERE released for various
reasons (Jos. Antiq. XX, ix.3; Livy, V.13; cf. Deismann, "Light
from the Ancient East", p 267), that Roman officials seem to have
granted mass amnesty at some other regular feasts (outside of
Palestine) and to have occasionally acquitted prisoners in
responses to crowds (BBC, p. 309).
Plus, this 'custom' (and its exercise on Barabbas)
is one of the few gospel events referred to in an independent
manner by Luke, Mark-Matthew, and John (judging by the
presence/absence of details/structures in the narrative), as well
as the early reference in Act 3:14 as part of the sermon of Peter
. Their individual accounts argue for independent streams of
information, suggesting a stronger basis in history (since they
all WITNESS TO the 'basics' of the event).
There is, in light of the data, no reason to make
such an absolute statement as 'there was never...'. Jim has simply
overstepped the data (or not paid attention to the wider data on
Roman praxis).
Particularly, we do know of a Roman practice called the
abolitio - the acquittal of a prisoner not yet condemned [JBz.TJ, 207] . While the Gospel texts are not clear on the matter, it is
probable that neither Jesus nor Barabbas had yet been formally
sentenced.
4) Why is there no other evidence of this custom? Surely
Jospehus would have mentioned it. This is an argument from
silence, but it does have some merit, for as Brandon [Brand.TJ,
101] points out, Josephus "was concerned to show his Gentile
readers the various privileges which the Jews enjoyed from the
Romans, in token of their mutual accord."
My speculation is this: The Passover amnesty, prior to this time
and afterwards (if it existed at other times), was used only to
release MINOR criminals - and was a very quiet affair. Pilate,
however, by our scenario, chose Barabbas as one of the parties this
time for a reason: to counter the manipulations of the high priests.
Again, by offering Jesus and Barabbas, he was taking an upper hand
in the manipulation game: Which will you choose, he asks: The one
called Jesus (whom you know is "innocent") or the one called
Barabbas (who IS guilty - and whose release would reveal that you
value your personal grudge over "loyalty" to the Roman Empire)?
5) Why would Pilate offer to release such a dangerous criminal
as Barabbas? This would have gotten him in hot water with the
Emperor. [See Cohn.TDJ, 165;
Sloy.JT, 68] This is also a valid objection, but Pilate was certainly a crafty fellow; he would not do something that
would endanger himself so easily, especially since he had been in
trouble with Rome before. Therefore, he almost certainly had
counter-measures available that would give Rome satisfaction. How
much trouble would it be for him to have Barabbas re-captured and
arraigned on another charge? Or could he not send one of his
disguised operatives to assassinate Barabbas, if he was really so
troublesome, just as he sent his disguised soldiers into the mob on
that previous occasion?
Brandon
[Brand.TJ,
101] also notes that the custom would have probably required
imperial endorsement, and wonders why the Jews would be the only
ones offered such - a question which, in light of the many
significant exceptions granted to the Jews (not worshipping the
Emperor; executing those who trespassed in the wrong part of the
Temple, even Roman citizens) seems to need no answer, especially if,
as I submit above, the custom was not that much of a spectacle under
most conditions.
An issue which has been brought to my attention of late has to do
with some charges by David Donnini.
Donnini makes much of certain data having to do with the name of
Barabbas, thusly:
...[E]verybody knows that the name of God could
absolutely not be pronounced by the Jews, as to do so was, and
still is, a substantial sacrilege. Nobody, but the High Priest on
the Day of Atonmement could pronounce the name Yahweh; therefore,
every time there was the necessity of addressing God or referring
to Him, the Jews substituted terms like Adonai, Eloah, Supreme,
Lord, Father, etc... Just the last one, "Father", which in Aramaic
is "Abba", was the most commonly spoken by Jesus and it is
commonly used in the Gospel texts. [Note: It is actually used
only once that we know of, in Mark -- there is no proof that any
other "Father" cites were "Abba".] We can inspect these sentences:
"...And he said, Abba, Father, all things are possible unto
thee..." (Mk 14, 36), "...when he cometh in the glory of his
Father with the holy angels..." (Mk 8, 38), "...that your Father
also which is in heaven may forgive you your trespasses..." (Mk
11, 25), "...I thank thee, O Father, Lord of heaven and earth..."
(Mt 11. 25)....both Jesus and the High Priest, instead of saying
"son of God", would have certainly used the expression "son of the
Father", that has been kept in Latin as the regular "filius
Patris", which in the Aramaic idiom is rendered by the words
"bar", that means "son", and "Abba", that means "father"; namely
the entire expression is "bar Abba ", which can even be pronounced
with no pause and so sounds like the word "Barabbas"...
Donnini regards this as an "odd coincidence," but his amazement
is grounded by the simple fact that "Abba" (and therefore,
"Bar-abba" as a patronymic) was a known, and indeed common, name
among the Jews; it was even carried by rabbis (Samuel bar-Abba and
Nathan bar-Abba are two examples; cited by Mann in his Markan
commentary [637].) Brown [Brow.DMh, 799] even records a Talmudic
joke about a man who enters a room "looking for Abba" to be told
"there are many Abbas here." He then asks for "Abba bar Abba" and is
told there are a bunch of those, too! In addition, a pre-70 burial
records the name [800]. Also note that "Bar-abbas" actually
translates as "son of father" -- there is no article (a, the)
involved. Also, as noted here,
there is no indication of "Abba" as a title for God in this
period.
By the same token, Donnini is also amazed by the following:
...some old manuscripts of the Gospel according to
Matthew, dating back to the fourth century, call this fellow not
only by his nickname but even give his real name as "Jesous
Barabbas"...
He makes much of this from here, but "Jesus," too, was a common
name of the Jews; Josephus lists nearly a dozen such men.
Conclusion
The
trial accounts of Jesus present us with many difficulties - but they
disappear upon further research and reflection and examination of
the historical record. There is simply no reason to doubt that the
Gospel accounts provide us with an accurate representation of what
happened on that Passover night and day that had repercussions not
only in Judea, but around the world, and for all eternity.
-JPH
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