Grammatically, Meyer allows for both renderings, but ultimately sides with the majority of modern translations, while not discounting the contextual presence and role of contemporaneous midrash.
τοῖς ἀρχαίοις] may grammatically be taken not only as a dative (Chrysostom, Theophylact, Euth. Zigabenus, Luther, Erasmus, Grotius, Wetstein, Bengel, and many others; also Tholuck, Neander, de Wette, Ritschl, Bleek, Weizsäcker), but also as an ablative: by the ancients (see Kühner, II. 1, p. 368 f.; Winer, p. 206 [E. T. 277]); so Beza, Piscator, Schoettgen, Raphel, and many; also Paulus, Kuinoel, Fritzsche, Olshausen, Baumgarten, Ewald, Lechler, Keim.
On the first rendering, which most obviously suggests itself (Romans 9:12; Romans 9:26; Galatians 3:16; Revelation 6:11; Revelation 9:4), the ancients are the Jewish generations of earlier times (before Christ), to which Moses and his followers (Matthew 23:2 f.), the scribes, spoke (de Wette, Ritschl), not simply the Israelites in the time of Moses, to whom the latter spoke (Neander, Bleek); on the latter view it is Moses (who would not have to be excluded, as Keim maintains), and his ancient expositors learned in the Scripture; for there follow their sayings, which are partly without, partly accompanied with, additions proceeding from the scribes.
The decision between these two views is given not merely by the constant usage of the N. T., which joins ἐῤῥέθη with the dative, but also by the antithesis ἐγὼ δὲ λέγω ὑμῖν, in which ἐγώ corresponds to the logical subject of ἐῤῥέθη, and ὑμῖν to τοῖς ἀρχαίοις; the latter consequently cannot itself be the subject. Luther therefore rightly renders: that it is said to them of old time. Pointless objections are made by Keim, II. p. 248, who even finds in this view something opposed to the sense; because the people of the present day have not yet heard of that which was enjoined on them of old time, but of what has been enjoined upon themselves. On the other hand, it is to be recollected that it was precisely a peculiarity of the Jewish method of instruction, and still is so, to refer the present generation to those of old time, to inculcate upon the former the παράδοσις which had been common in ancient times, and had been already given to their forefathers. Thus the people of the present time have certainly heard in the synagogues what was said to them of old time. Comp., moreover, Diodorus Siculus xxii. 20 : καλῶς εἴρηται τοῖς παλαῖοις, ὅτι, κ.τ.λ.
οὐ φονεύσεις] Exodus 20:12. The prohibition refers to the act, though not by itself, but as the effect of anger, of hostility, and so on; for there is also a putting to death which is permitted, nay, even commanded. The Pharisaic explanation and application of the legal saying was confined to the literal prohibition of the act; the fulfiller of the law lays open the whole disposition that deserves punishment, which, as the ethical condition of the act, was aimed at by the prohibition of the latter. The following words contain a traditional addition, although one not alien to the law, by the scribes, who interpreted that prohibition externally.
κρίσις, according to Matthew 5:22, opposed to the Sanhedrin, is the local court, found, according to Deuteronomy 16:18, in every city of Palestine, to which it belonged to take cognizance of and to punish even murder (execution by the sword), 2 Chronicles 19:5; Josephus, Antt. iv. 8. 14. According to the Rabbins, it consisted of twenty-three members; according to Josephus, of seven. See generally, Tholuck, Keil, Arch. II. p. 250 ff. To the higher court of justice, the Sanhedrin, Matthew 5:22, it belonged to take cognizance also of crimes punishable by stoning.