Pilate to Herod Antipas, Then back to Pilate (6 h 3 abr 33 ano – 9 h 3 abr 33 ano)

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Herod the Great and Jesus Chronological, Historical and Archaeological Evidence
Gérard GERTOUX

The Talmud (of Jerusalem) began to be written from 200 CE and its content mainly reflects the Pharisee views (the views of Sadducees who disappeared after the destruction of the Temple are rarely mentioned). In addition, bans on capital punishments which might occur on the Sabbath or festival were discussed and interpretations were not unanimous331. Assuming that the Talmud has passed the Law as applied in the 1st century, which seems likely, the trial of Jesus did not violate it: Civil suits are tried by day, and concluded at night. But capital charges must be tried by day and concluded by day. Civil suits can be concluded on the same day, whether for acquittal or condemnation; capital charges may be concluded on the same day with a favourable verdict, but only with the morrow with an unfavourable verdict. Therefore trials are not held on the eve of a Sabbath or festival (Sanhedrin 32a; 4:1). The trial of Jesus began the night when the pattern of accusation was formally defined (crime of blasphemy) and ended the day "to reprieve" (consequently a favourable verdict!) because Jesus would not be stoned. This trial did not contravene the rabbinic procedure: When morning came, all the chief priests and the elders of the people met in council to bring about the death of Jesus [it was only their intention because his execution was not yet fixed]. They had him bound and led him away to hand him over to Pilate, the governor (Mt 27:1- 2). Having failed to condemn Jesus for blasphemy, the Jewish authorities decided to reprieve him, but to reach their initial goal of putting him to death the chief priests delivered him to Pilate presenting him as a "king of the Jews" for that he falls under the charge of lese majesty (whoever declaring himself king without the consent of Rome got condemned to the death penalty). However such a crime (sedition) could only be judged by the Governor332. In addition, this trial could take place only on the Friday before 15:00 because a decree from Caesar Augustus (Jewish Antiquities XVI:163) stated that the Jews were not to appear in court on the Sabbath (Saturday) or after the 9th hour (15:00) on the day of Preparation (Friday).

As Jesus did not confirm the charge and remained silent, Pilate considered that no confession made the culprit innocent, in accordance with Roman law (Sallust, Bellum catalinae 52:36)... Pilate would have been able to release Jesus, but he carried out a diplomatic calculation. Herod Antipas being on a private visit had no power in Judea, even over a fellow citizen outside his province. The incident recorded in Luke 13:1-2 indicates that Pilate had slaughtered some Galileans, which must have irritated Herod strongly. To recover good relations with this vassal king, Pilate offered him to graciously perform the judgment of a prominent fellow countryman, that he actually liked, as explains Justin (Dialogue 103:4). Having received no confession, Herod Antipas sent back Jesus to Pilate with a coat of scarlet [symbol of royalty], showing that he regarded Jesus as a puppet king.

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