# How Much Authority Did the Jews Have to Put Someone to Death?



## Marrow Man (Oct 21, 2008)

From the gospel accounts, it seems pretty clear that the Jewish authorities did not have power to execute the death penalty with regard to the crucifixion of Jesus:



> Now the chief priests and the whole Council kept trying to obtain false testimony against Jesus, _so that they might put Him to death_. Matthew 26:59
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> Now when morning came, all the chief priests and the elders of the people conferred together against Jesus to put Him to death; and they bound Him, and led Him away and delivered Him to Pilate the governor. Matthew 27:1
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> Pilate went out to them and said, "What accusation do you bring against this Man?" They answered and said to him, "If this Man were not an evildoer, we would not have delivered Him to you." So Pilate said to them, "Take Him yourselves, and judge Him according to your law." The Jews said to him, "_We are not permitted to put anyone to death_," to fulfill the word of Jesus which He spoke, signifying by what kind of death He was about to die. John 18:29-32



OK, easy enough. My questions has to do with the limits of this authority. For example, in the book of Acts, it seems the Jewish Council wishes to put the Apostles to death, but are persuaded otherwise by Gamaliel.



> But when they heard this, they were cut to the quick _and intended to kill them_. But a Pharisee named Gamaliel, a teacher of the Law, respected by all the people, stood up in the Council and gave orders to put the men outside for a short time. And he said to them, "Men of Israel, take care what you propose to do with these men ... They took his advice; and after calling the apostles in, they flogged them and ordered them not to speak in the name of Jesus, and then released them. Acts 5:33-34, 40



Later, Stephen is brought before the Jewish Council and questioned by the high priest; he is subsequently stoned to death.



> And they stirred up the people, the elders and the scribes, and they came up to him and dragged him away and brought him before the Council. ... And fixing their gaze on him, all who were sitting in the Council saw his face like the face of an angel. The high priest said, "Are these things so?" Acts 6:12, 15-7:1
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> But they cried out with a loud voice, and covered their ears and rushed at him with one impulse. When they had driven him out of the city, they began stoning him; and the witnesses laid aside their robes at the feet of a young man named Saul. They went on stoning Stephen as he called on the Lord and said, "Lord Jesus, receive my spirit!" Then falling on his knees, he cried out with a loud voice, "Lord, do not hold this sin against them!" Having said this, he fell asleep. Acts 7:57-59



How far did the power of the death penalty extend to the Jewish religious leadership? Were they breaking their own laws when they put men like Stephen to death (John 18:31)? Or were they speaking specifically about death by crucifixion when they appealed to Pilate (John 18:32)?


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## Anton Bruckner (Oct 21, 2008)

Stephen seemed to be a mob murder. Pilate would have no control over that.


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## VirginiaHuguenot (Oct 21, 2008)

The impotence of the Jewish civil authorities reflected in the Gospels seems to be a fulfillment of the sceptre departing from Judah (Gen. 49.10). This is argued by Matthew Poole (Gen. 49.10) and Matthew Henry (John 18.31). It would seem that Stephen's stoning was in violation of Roman due process. 

George Hutcheson has a helpful discussion of this issue at John 18.31. See also John Lightfoot on Matt. 26.3 and John 18.31:

Internet Archive: Details: Horae Hebraicae et Talmudicae : Hebrew and Talmudical exercitations upon the Gospels, the Acts, some chapters of St. Paul's Epistle to the Romans, and the First Epistle to the Corinthians (Vol. 2)
Internet Archive: Details: Horae Hebraicae et Talmudicae : Hebrew and Talmudical exercitations upon the Gospels, the Acts, some chapters of St. Paul's Epistle to the Romans, and the First Epistle to the Corinthians (Vol. 3)

Internet Archive: Details: Capital punishment among the Jews : a paper read before the New York Board of Jewish Ministers


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