First, according to Matthew, "At the last came two false witnesses, and said, This fellow said, I am able to destroy the temple of God, and to build it in three days."[190] The same testimony is thus reported by Mark: "And there arose certain, and bare false witness against him, saying, We heard him say, I will destroy this temple that is made with hands, and within three days, I will build another made without hands."[191] Luke and John do not discuss the night trial before the Sanhedrin, and therefore make no reference to the charges brought forward by the false witnesses. The second accusation made against Jesus is that by Caiaphas himself, who embodies his charge in the form of an oath or adjuration which he administered to the accused: "I adjure thee by the living God that thou tell us whether thou be the Christ, the Son of God." Then came the confession and condemnation. "Jesus said unto him, Thou hast said: nevertheless I say unto you, Hereafter shall ye see the Son of man sitting on the right hand of power, and coming in the clouds of heaven. Then the high priest rent his clothes, saying, He hath spoken blasphemy; what further need have we of witnesses? behold, now ye have heard his blasphemy. What think ye? They answered and said, He is guilty of death."[192]
These few words of Scripture are the essential parts of the record of fact of the most awful trial in the history of the universe. An analysis of the evidence shows the existence of two distinct charges: that preferred by the false witnesses, accusing Jesus of sedition; and that of blasphemy made by Caiaphas himself.
Concerning the testimony adduced in support of the first charge, Mark says: "For many bare false witness against him, but their witness agreed not together."[193] Now, we have seen that the concurrent testimony of at least two witnesses, agreeing in all essential details, was necessary to sustain a conviction under Hebrew law. If one witness against the accused contradicted any other witness against the accused, all were rejected. Under this rule of law, when "their witness agreed not together," according to Mark, the charge of sedition was abandoned, and the accusation of blasphemy then followed, which resulted in a confession and condemnation. Later on, in another place, we shall discuss the illegality of a double accusation, in the same breath and at the same trial. But at this point we have no further interest in the abandoned charge, except to say that the false witnesses, in their ignorance and blindness, failed to grasp the Master's allegorical language in reference to the destruction of the Temple. Their worldly-mindedness and purely physical conception of things centered their thoughts upon the Temple at Jerusalem, and gave a purely temporal and material interpretation to His words. "Forty and six years was this temple in building, and wilt thou rear it again in three days?"[194] This question asked by the original auditors, shows a total misconception of the true meaning of the language of Jesus. The spiritual allusion to the resurrection of His own body seems never to have penetrated their thoughts. Then, again, their general statement was, in effect, an absolute misrepresentation. By perverting His language, He was made to utter a deliberate threat against a national institution, around which clustered all the power, sanctity, and glory of the Hebrew people. He was made to threaten the destruction of the Temple at Jerusalem. But it is most reasonable to infer from the entire evidence as contained in the Sacred Writings that the words imputed to Jesus by the false witnesses were not those which He actually used. In reality, He did not say: "I can destroy," or "I will destroy"; but, simply, "Destroy." "Destroy this temple, and in three days I will raise it up."[195] This is evidently a purely hypothetical expression and is equivalent to "Supposing you destroy this temple." St. John, in whose presence, it seems, this language was used, correctly interprets the Savior's meaning when he says: "He spake of the temple of his body."[196]
The evidence of the false witnesses was so contradictory that even wicked judges were forced to reject it and to conduct the prosecution on another charge.
We come now to consider more closely the real accusation upon which Jesus was condemned to death. At first glance, there seems to be no difficulty in determining what this accusation was, since the Gospel record specifically mentions the crime of blasphemy. It was for this offense that Caiaphas pronounced judgment against Jesus with the unanimous approval of his fellow-judges. "Then the high priest rent his clothes and saith, What need we any further witnesses? ye have heard the blasphemy: what think ye? and they all condemned him to be guilty of death." But what had they heard that constituted blasphemy? Nothing more than His own confession that He was "the Christ, the Son of God." This seems simple enough upon its face; but a vast mass of acrimonious discussion has resulted from these few passages of the Scripture. The main difficulty turns upon the meaning of the word "blasphemy," as used by the high priest in passing condemnation upon Jesus. The facts adduced at the trial, or rather the facts suggested by the oath or adjuration addressed to Jesus, as to whether or not He was "Christ, the Son of God," did not, in the opinion of many, constitute blasphemy under the definition of that term given in the Mosaic Code and interpreted by the Rabbinic writers whose opinions have been embodied in commentaries upon the Mishna. Eminent Jewish writers have ridiculed the idea of attempting to make a case of blasphemy out of a mere claim of being a "Son of God." Rabbi Wise, in "The Martyrdom of Jesus," has very tersely stated the Jewish position on the subject. "Had Jesus maintained," he says, "before a body of Jewish lawyers to be the Son of God, they could not have found him guilty of blasphemy, because every Israelite had a perfect right to call himself a son of God, the law (Deut. xiv. 1) stating in unmistakable words, 'Ye are sons of the Lord, your God.' When Rabbi Judah advanced the opinion, 'If ye conduct yourselves like the sons of God, ye are; if not, not,' there was Rabbi Mair on hand to contradict him: 'In this or in that case, ye are the sons of the Lord your God.' No law, no precedent, and no fictitious case in the Bible or the rabbinical literature can be cited to make of this expression a case of blasphemy. The blasphemy law is in Leviticus (xxiv. 15-20), which ordains, 'If any man shall curse his God (i.e., by whatever name he may call his God), he shall bear his sin,' but the law has nothing to do with it, dictates no punishment, takes no cognizance thereof. 'But he who shall curse the name of Jehovah, he shall surely be put to death,' be the curser native or alien. Another blasphemy law exists not in the Pentateuch. The ancient Hebrews expounded this law, that none is guilty of blasphemy in the first degree, unless he curses God himself by the name of Jehovah; or, as Maimonides maintains, by the name Adonai. The penalty of death is only threatened in the first degree. The Mishna states expressly as the general law, 'The blasphemer is not guilty, unless he (in cursing the Deity) has mentioned the name itself' (of Jehovah or Adonai), so that there can be no doubt whatever that such was the law in Israel. It is clear that the statements made by Mark, in the name of Jesus, had nothing in the world to do with the blasphemy laws of the Jews."[197]
Rabbi Wise was concededly an able and accomplished theologian; and in a general way the above extract states the truth. But it does not state the whole truth, and in one or two places is certainly erroneous. Leviticus xxiv. 15-20 is undoubtedly the blasphemy statute of the Mosaic Code. But Mr. Wise was assuredly wrong when he stated that "another blasphemy Law exists not in the Pentateuch." For, if this were a correct statement, other eminent Jewish authorities, as well as many Gentile authors, would be all at sea. Besides, the New Testament use of the word "blasphemy," in many places, would only serve to illustrate the dense ignorance of the Jews of the time of Jesus as to the meaning of the term, if the author of "The Martyrdom of Jesus" were right.
In this connection, let us now consider another Jewish authority, as able and even more famous than the one just cited. In Salvador's celebrated treatise entitled "Histoire des Institutions de Moïse," he devotes a chapter to the question of the judgment and condemnation of Jesus. Touching the nature of the charge against Christ and the real cause of His conviction, he says: "But Jesus, in presenting new theories and in giving new forms to those already promulgated, speaks of himself as God; his disciples repeat it; and the subsequent events prove in the most satisfactory manner that they thus understood him. This was shocking blasphemy in the eyes of the citizens: the law commands them to follow Jehovah alone, the only true God; not to believe in gods of flesh and bones, resembling men or women; neither to spare or listen to a prophet who, even doing miracles, should proclaim a new god, a god neither they nor their fathers had known. The question already raised among the people was this: Has Jesus become God? But the Senate having adjudged that Jesus, son of Joseph, born in Bethlehem, had profaned the name of God by usurping it to himself, a mere citizen, applied to him the law in the 13th Chapter of Deuteronomy and the 20th verse in Chapter 18, according to which every prophet, even he who works miracles, must be punished when he speaks of a god unknown to the Jews and their fathers: the capital sentence was pronounced."
Here we have the doctors divided; Wise saying that "another blasphemy law exists not in the Pentateuch," and Salvador contending that Jesus was legally convicted of blasphemy under the Mosaic Law as it was laid down, not in Leviticus xxiv. 15-20, but in Deuteronomy xiii.
The law in Deuteronomy is peculiarly impressive in its relationship to the charges against Jesus.
"If there arise among you a prophet, or a dreamer of dreams, and giveth thee a sign or a wonder, And the sign or the wonder come to pass, whereof he spake unto thee, saying, Let us go after other gods, which thou hast not known, and let us serve them; Thou shalt not hearken unto the words of that prophet, or that dreamer of dreams: for the Lord your God proveth you, to know whether ye love the Lord your God with all your heart and with all your soul. Ye shall walk after the Lord your God, and fear Him, and keep His commandments, and obey His voice, and ye shall serve Him, and cleave unto Him. And that prophet, or that dreamer of dreams, shall be put to death; because he hath spoken to turn you away from the Lord your God, which brought you out of the land of Egypt and redeemed you out of the house of bondage, to thrust thee out of the way which the Lord thy God commanded thee to walk in."[198]