behind the arrest of seventy. It was therefore unlikely from the start that seventy would have a fair trial, and
the records confirm this.
There has been much debate amongst scholars as to whether this trial before Caiaphas took place at the
formal session of the Sanhedrin, or like the appearance before Annas, was merely a preliminary enquiry.
Mark‘s Gospel records that ―they led Jesus away to the high priest: and with him were assembled all the
chief priests and the elders and the scribes...and the chief priests and all the council sought for witness
against Jesus to put him to death‖ (Mark 14:53, 55.)
This seems like a formal Jewish trial; but because of the breaches of the law as laid down in the Mishnah,
some scholars have argued that this could not have been a formal trial. But there are other trials reported
from this time in which the authorities played fast and loose with the law – such as the stoning of Stephen
and the attempted stoning of woman taken in adultery – so this may represent a breakdown in Jewish law
under Roman occupation.
In Jewish law, it was usual for the trial to follow immediately after the arrest. Because of this and the
approaching Passover, there was no time to take Y‘shua to the palace of Caiaphas; and the trial took place
in an upper room in his house (at night-time). This was also illegal because according to Jewish law, no case
involving the death sentence should be tried at night. The trial began with the taking of evidence which is
essential to any legal case. First, Matthew records:
―Now the chief priests, and elders, and all the council, sought false witness against Jesus, to put him to
death; But found none: yea, though many false witnesses came, yet found they none.‖ (Matt 26:59-60)
Though many false witnesses came forward. Mark adds to this:
―For many bare false witness against him, but their witness agreed not together.‖‘ (Mark 14:56)
By doing this, Caiaphas and the Sanhedrin were guilty of three breaches of the law: they will be discussed
later. But before we discuss, it is important to note that by law they needed two witnesses before any man
could be sentenced to death.
―Whenever someone kills another, the evidence of witnesses is required for the execution of the murderer.
The evidence of a single witness is not sufficient for putting a person to death.‖ (Num 35:30)
Now the first breach is that they should not have been looking for witnesses. As judges, they should not only
have been neutral but should have acted as counsel for the defense. They should have left the business of
providing witnesses to others and not have taken it on themselves. Then, to make matters worse, they were
looking for false witnesses. It was bad enough to seek for witnesses at all, but to seek for false evidence
compounded the matter. Lastly, they were directly seeking to put Y‘shua to death. This was absolutely illegal.
In a case involving the death sentence, they should have been even more on the side of the accused;
instead, the fate of Y‘shua was sealed before he was even tried. Hear what the bible also says about
witnesses...
―You shall not bear dishonest witness against your neighbor.‖ (Deut 5:20)
Clearly, Annas and Caiaphas had organised the whole process. They were far more responsible for the
death of Y‘shua than either Judas or Pilate. Despite all this, they could not find even two false witnesses to
agree. In Jewish law, this was called ̳vain testimony‘. The evidence of the witnesses did not agree. It could
not even be accepted provisionally. Y‘shua was unaccused and the trial should have been abandoned.
But this was not the end of the trial. Matthew records that finally two witnesses came forward and declared:
―This fellow said, I am able to destroy the temple of God, and to build it in three days‖ (Matt 26:61)
We do not know who these further witnesses were, though it had been suggested that they were connected
with the Temple police.
Then at long last, a charge was laid against Y‘shua. He was accused of blasphemy of the worst kind. To the
Jews, the Temple was the dwelling place; and to blaspheme the Temple was to blaspheme YHWH himself.
Blasphemy and sorcery were added to the crime of sacrilege, for it was presumed that only by satanic power
could a man rebuild the Temple of YHWH in three days which had taken forty-six years to build.