This article is a draft to replace the mistitled:
The inquest (it wasn't a "trial") took place at night, at the private "palace of the high priest" Caiaphas according to all four gospel accounts. Although they found him guilty of "blasphemy", it was illegal on three counts under Jewish law: trials must be held during daylight, not on the eve of sabbath or a festival, and trials must be held in a public place.
Jewish laws for the conduct of capital trials edit
Jewish tradition and texts portray the Sanhedrin to be an established court based in Jerusalem with strict guidelines on how to function, including a prohibition against trials after dark, and a requirement that they occur in a public venue.[1] Talmud Sanhedrin (tractate) 32a reads: Hebrew: דיני נפשות דינים ביום וגומרים ביום, lit. 'In cases of capital law, the court judges during the daytime, and concludes the deliberations and issues the ruling only in the daytime.' (William Davidson Translation) And further on 32a Hebrew: דיני נפשות גומרין בו ביום לזכות וביום שלאחריו לחובה לפיכך אין דנין לא בערב שבת ולא בערב יום טוב, lit. 'In cases of capital law, the court may conclude the deliberations and issue the ruling even on that same day to acquit the accused, but must wait until the following day to find him liable. Therefore, since capital cases might continue for two days, the court does not judge cases of capital law on certain days, neither on the eve of Shabbat nor the eve of a Festival.' Maimonides quotes this mishna verbatim in his authoritative compendium of Jewish law Mishneh Torah, The Sanhedrin and the Penalties within their Jurisdiction §11.1 [2]
Sadduccean priesthood edit
.. was widely despised.[3] Caiaphas had been installed as high priest by Pilate's predecessor, the Roman procurator Valerius Gratus. Gratus had earlier deposed Caiaphas' father-in-law Annas, and then installed and deposed three other high priests over the course of eleven years.[4]
The family of Annas, including his son-in-law Caiaphas, is portrayed in Talmud Pesachim (tractate) 57a as having influence but using it against the interests of the people.[5]
Regarding Caiaphas, The Babylonian Talmud (Yevamot 15B) gives the family name as Kuppai, while the Jerusalem Talmud (Yevamot 1:6) mentions Nekifi. The Mishnah, Parah 3:5, refers to the family name as hakKof (perhaps "the Monkey", a play on his name for opposing the Pharisees).[6]
"It is said that the elder Ananus (Annas) was extremely fortunate. For he had five sons, all of whom, after he himself had previously enjoyed the office for a very long period, became high priests of God - a thing that had never happened to any other of our high priests." (Josephus, Jewish Antiquities XX, 9.1)
Morning arraignment by the Sanhedrin before Pilate edit
In the morning, according to Mark and Luke's account, the Sanhedrin met, arraigned Jesus on charges of "claiming to be the Christ", that is insurrection against Rome, and sent him to Pilate to be tried.
Claiming to be Christ is not blasphemy according to Jewish law, although it would be insurrection in Roman-occupied Judaea. Moreover, the sadducees who led the "trial", were heretics on account of denying the resurrection, according to rabbinic Judaism which descends from the Pharisees.
According to Dr. Doug Bookman writing for Christianity.com, "the trial was illegal on several counts .. There is no sense in which the Jewish people as a whole incur any special guilt because of the events of this night."[7]
References and Bibliography edit
- ^ "The Sanhedrin". www.jewishvirtuallibrary.org. Retrieved 2018-06-19.
- ^ Maimonides. "The Sanhedrin and the Penalties within their Jurisdiction.11.1". Sefaria.
- ^ "Jesus § The Arrest of Jesus". Jewish Virtual Library.
- ^ Josephus Antiquities 18.2.2
- ^ "Annas". Jewish Encyclopedia.
- ^ Falk, Harvey (1985). Jesus the Pharisee: a new look at the Jewishness of Jesus. Eugene, Oregon: Wipf & Stock. p. 137. ISBN 978-1592443130.
- ^ Dr. Doug Bookman. "The illegal trial before the sanhedrin". Christianity.com.
- Paul Winter, On the Trial of Jesus. Berlin: Walter de Gruyer, 1961 (second revised edition edited by T.A. Burkill and Geza Vermes, Berlin: Walter de Gruyer, 1974).
- Sefaria source sheet: Caiaphas illegal inquest, and the "council"'s illegal arraignment: What is the halakha?
Quickref: primary (kjv) gospel sources edit
Mt 26:57 And they that had laid hold on Jesus led [him] away to Caiaphas the high priest, where the scribes and the elders were assembled. Mt 26:58 But Peter followed him afar off unto the high priests palace, and went in, and sat with the servants, to see the end. Mt 26:59 Now the chief priests, and elders, and all the council, sought false witness against Jesus, to put him to death; Mt 26:60 But found none: yea, though many false witnesses came, [yet] found they none. At the last came two false witnesses,
Mr 14:54 And Peter followed him afar off, even into the palace of the high priest: and he sat with the servants, and warmed himself at the fire. Mr 14:55 And the chief priests and all the council sought for witness against Jesus to put him to death; and found none. Mr 14:56 For many bare false witness against him, but their witness agreed not together.
Mr 15:1 And straightway in the morning the chief priests held a consultation with the elders and scribes and the whole council, and bound Jesus, and carried [him] away, and delivered [him] to Pilate.
Lu 22:52 Then Jesus said unto the chief priests, and captains of the temple, and the elders, which were come to him, Be ye come out, as against a thief, with swords and staves? Lu 22:53 When I was daily with you in the temple, ye stretched forth no hands against me: but this is your hour, and the power of darkness.
Lu 22:54 Then took they him, and led [him], and brought him into the high priest's house. Lu 22:66 And as soon as it was day, the elders of the people and the chief priests and the scribes came together, and led him into their council, saying, Lu 22:67 Art thou the Christ? tell us. And he said unto them, If I tell you, ye will not believe: Lu 22:68 And if I also ask [you], ye will not answer me, nor let [me] go. Lu 22:69 Hereafter shall the Son of man sit on the right hand of the power of God. Lu 22:70 Then said they all, Art thou then the Son of God? And he said unto them, Ye say that I am. Lu 22:71 And they said, What need we any further witness? for we ourselves have heard of his own mouth. Lu 23:1 And the whole multitude of them arose, and led him unto Pilate. Lu 23:2 And they began to accuse him, saying, We found this [fellow] perverting the nation, and forbidding to give tribute to Caesar, saying that he himself is Christ a King.
Joh 11:47 Then gathered the chief priests and the Pharisees a council, and said, What do we? for this man doeth many miracles. Joh 11:48 If we let him thus alone, all [men] will believe on him: and the Romans shall come and take away both our place and nation. Joh 11:49 And one of them, [named] Caiaphas, being the high priest that same year, said unto them, Ye know nothing at all, Joh 11:50 Nor consider that it is expedient for us, that one man should die for the people, and that the whole nation perish not.
Joh 12:9 Much people of the Jews therefore knew that he was there: and they came not for Jesus sake only, but that they might see Lazarus also, whom he had raised from the dead. Joh 12:10 But the chief priests consulted that they might put Lazarus also to death;
Joh 18:12 Then the band and the captain and officers of the Jews took Jesus, and bound him, Joh 18:13 And led him away to Annas first; for he was father in law to Caiaphas, which was the high priest that same year. Joh 18:14 Now Caiaphas was he, which gave counsel to the Jews, that it was expedient that one man should die for the people. Joh 18:15 And Simon Peter followed Jesus, and [so did] another disciple: that disciple was known unto the high priest, and went in with Jesus into the palace of the high priest.