The Trial of Jesus — Guilty or Innocent?

 

Jesus of Nazareth had been arrested by a posse of the Jewish leadership in the Garden of Gethsemane outside Jerusalem. It was Thursday evening, formally the Jewish Friday that began at sunset and started the Passover, Nissan 15. Escorted by the armed guards back into the city, Jesus was to be tried on the charge of blasphemy as defined in the Law of Moses.[1]

Prosecuting the case in defense of God’s Law was Chief Priest Caiaphas. The defendant representing himself was Jesus of Nazareth. The verdict of the aberrant trial would have colossal implications in one of two very different ways.

Acquittal would mean, at the very least, that Jesus would likely be considered the Son of God, worthy of worship. Such a verdict would be an embarrassment for the Jewish Council and pose a threat to their religious political power base. Rome would surely react unfavorably to any potential new Jewish figurehead who might be viewed as an insurrectionist.

Conviction would publicly label Jesus as a blasphemer worthy of death, not worship. God’s Law would be successfully defended and upheld. Trouble with Rome would be averted. As an added bonus, the subversive threat to the Jewish political power base would be eliminated. A Jewish Talmud Gemara would later expose the reasoning:[2]

San 49b “…thus the blasphemer and the idol-worshipper are executed.  Wherein lies the particular enormity of these offences? — Because they constitute an attack upon the fundamental belief of Judaism.”[3]

Gravity of the situation called for a fair and thorough trial, but how likely was that reality? At stake was the defense of Judaism, a religious institution headed by the same power base that was responsible for rendering the verdict – the prosecution witnesses even came from among those serving as judge and jury.[4]

Defense witnesses for Jesus were nowhere to be found. Not because there weren’t any, but being under the threat of death themselves, who would come forward in his defense?[5] Even his most stalwart disciple, Peter, upon whom Jesus had declared he would build his church would deny knowing Jesus three times that very night as the aberrant trial progressed.

Other ominous signs did not favor a fair trial given it was not conducted in accordance with Jewish law. Legal code in the Talmud defined how capital offenses were to be tried and convictions rendered. Among them:[6]

MISHNA: Sanhedrin 32a:

“Capital charges must be tried by day and concluded by day.”

“In capital charges, anyone may argue in his favour, but not against him.”

“Capital charges may be concluded on the same day with a favourable verdict, but only on the morrow with an unfavourable verdict therefore trials are not held on the eve of a Sabbath or Festival.”

Pretrial events began at the residence of Annas, a Sanhedrin power broker, former Chief Priest and father-in-law of Chief Priest Caiaphas. Annas began with cursory questions asking Jesus about his disciples and his teachings. Jesus replied that he had always spoken openly in the Temple and synagogues – there were no secrets.

“Why do you ask me? Ask those who heard what I said to them; they know what I said.”(NRSV)

Not sitting well with his captors, one of them reacted by hitting Jesus. Holding firm, Jesus again challenged his captors saying:

“If I have spoken wrongly, testify to the wrong. But if I have spoken rightly, why do you strike me?””(NRSV)

With this, Annas sent the posse with their blindfolded and bound prisoner to Caiaphas. By the time they arrived at the Sanhedrin meeting hall at the Temple, Jesus had been mocked and beaten.

Chief Priest Caiaphas presided over the trial held that fateful night. The Law required two eyewitnesses to corroborate the same point of evidence to establish a fact for a conviction.[8]

Initially the High Priest’s prosecution effort was not going well with many accusers coming forward; however, no two witness testimonies could agree.[9] Finally, two witnesses made the same accusation: “We heard Him say, ‘I will destroy this temple made with hands, and in three days I will build another made without hands.’”(NASB)

Jesus had made a similar statement when he wrecked the tables of the money changers and merchants in the Temple.[10] This accusation posed a legal conundrum – was it a literal or figurative claim? Was it really evidence Jesus blasphemed God?

Caiaphas understood the implications. He pounced on the moment with an indicting question that cut to the heart of the trial:

MK 14.61 “Are you the Messiah, the Son of the Blessed One?” (ISV, NLT, NRSV)

An answer in the affirmative would be self-incriminating and condemning. It was the moment of truth – was Jesus of Nazareth willing to put his life on the line knowing that he would die if he acknowledged this to be true? The answer to Caiaphas was unambiguous:

I am.

To be crystal clear, Jesus added:

MK 14:62 “’you will see the Son of Man seated at the right hand of the Power’ and ‘coming with the clouds of heaven.’”ISV, NET, NRSV)

Understand the implication, immediately the verdict was rendered when Chief Priest Caiaphas tore his robe and said,

MT 26:65 “He has blasphemed! What further need do we have of witnesses?”(NASB)

– – – – –

Sentencing was still not a slam dunk. Under Rome’s laws, the Jews were not allowed to carry out capital punishment.[11] Would a heathen Roman government even entertain a charge of blasphemy based solely in Jewish religious law? They figured, probably not. On the outside chance Rome did level such a charge, would they issue a death penalty judgement for blasphemy? Even more unlikely.[12]

Considering their options, the Jewish Council sought to convince Pilate that Jesus was guilty of failure to pay taxes to Caesar and for insurrection to Rome. Either of those charges could result in the Roman death penalty.

For Pilate, the accusation of insurrection was a hot button issue with Rome having battled insurrections throughout his tenure as Procurator … at least this was assumed to be the case.[13] Ultimately, Pilate found Jesus to have no guilt on either charge. Subsequent Jewish political pressure compelled Pilate to sentence Jesus to be crucified.

Was the trial of Jesus fair or was the verdict a divinely predestined outcome?

 

Updated May 3, 2023.

NASB = New American Standard Bible translation
ISV = International Standard Version translation
NLT = New Living Translation
NRSV = New Revised Standard Version translation
Gospel accounts:  Matthew 26-27, Mark 14-15, Luke 22-23, John 18-19.

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REFERENCES:

[1] Leviticus 24:15-16. John 18:3, 12: “chiliarchos <5506>” and “speira <4686>”. CR Edersheim, Alfred.  The Life and Times of Jesus the Messiah. 1883. Book V, Chapter 15, pp 1382-1392 & pp 1393-1421. <http://philologos.org/__eb-lat/default.htm>  Edersheim, Alfred. The Temple – Its Ministry and Services. Chapter 10. 1826 -1889. The NTSLibrary. 2016. <http://www.ntslibrary.com/PDF%20Books/The%20Temple%20by%20Alfred%20Edersheim.pdf>Babylonian Talmud.
[2] Instone-Brewer, David. Instituto John Henry Newman. “Jesus of Nazareth’s Trial in the Uncensored Talmud.” n.d. <https://institutojohnhenrynewmanufv.com/wp-content/uploads/2023/01/jesus-of-nazareth-s-trial-in-the-uncensored-talmud.pdf>
“Lady Justice.” ClipArtBest.com. image. 2022. <http://www.clipartbest.com/clipart-4cbo7xgei
[3] Soncino Babylonian Talmud. Ed. Isidore Epstein. 1935 – 1948. Sanhedrin 49b.<https://israelect.com/Come-and-Hear/sanhedrin/index.html>
[4] Josephus. Against Apion. Book II. <http://books.google.com/books?id=e0dAAAAAMAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false>  Spiro, Ken. “History Crash Course #39: The Talmud.” <http://www.aish.com/jl/h/cc/48948646.html>  Valentine, Carol A. . “The Structure of the Talmud Files.” <https://israelect.com/Come-and-Hear/structure.html> CR Numbers 30:35.
[5] Sanhedrin 43a.
[6] Sanhedrin 32a – 36b.; CR. Deuteronomy 19:16-18.
[7] Edersheim, Alfred. The Life and Times of Jesus the Messiah. 1883. Chapter 13.  The NTSLibrary. 2016. <http://www.ntslibrary.com/PDF%20Books/The%20Life%20and%20Times%20of%20Jesus%20the%20Messiah.pdf> Josephus.  Antiquities. Book XX, Chapters IX.1 & X.1; Book XVIII, Chapter IV.   Whitson, William. The Complete Works of Josephus. 1850. Footnotes – Book XX, Chapter VIII. <http://books.google.com/books?id=e0dAAAAAMAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false>
[8] Deuteronomy 17:6, 19:15; Numbers 35:30.  Sanhedrin 9a, 30a.  Resnicoff, Steven H. “Criminal Confessions in Jewish Law .“  2007. <http://www.torah.org/features/secondlook/criminal.html>
[9] Sanhedrin 41a.  “Capital Punishment.” Jewish Virtual Library. http://www.jewishvirtuallibrary.org/capital-punishment>
[10] John 2.
[11] Sanhedrin 41a. “Capital Punishment.” Jewish Virtual Library. http://www.jewishvirtuallibrary.org/capital-punishment>
[12] Edersheim, The Life and Times of Jesus the Messiah. Book V, Chapter 14.
[13] Forsythe, Gary Edward.  “Ancient Rome – The Roman Army.” 2007.  <http://history-world.org/roman_army.htm>

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