Bible Synapse

Did the Jewish leaders have a law to put Jesus to death, or was it not lawful for them?

Hard question · The death and resurrection of Jesus · raised by 2 of the lists sceptics circulate

Both true, in different sensesRead in context
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The passages

John 18:31

Pilate told the Jewish leaders to judge Jesus by their own law; they replied, “It is not lawful for us to put any man to death”.

Then said Pilate unto them, Take ye him, and judge him according to your law. The Jews therefore said unto him, It is not lawful for us to put any man to death:

John 19:7

“We have a law, and by our law he ought to die, because he made himself the Son of God.”

The Jews answered him, We have a law, and by our law he ought to die, because he made himself the Son of God.

The objection

In John 18:31 the Jewish leaders tell Pilate that it is not lawful for them to put anyone to death. In John 19:7 they tell him they have a law by which Jesus ought to die. Critics ask whether they had a law to put him to death or not.

The answer

The two statements are about two different kinds of law, and John reports both within a short time without any sense of strain. In John 19:7 the leaders appeal to the law of Moses. In their eyes Jesus had blasphemed by claiming to be the Son of God, and that law says “he that blasphemeth the name of the Lord, he shall surely be put to death” (Leviticus 24:16). In John 18:31 they are speaking of what they were permitted to do under Roman rule. Judea had been governed by a Roman official since AD 6, and Josephus says the first of them was sent with the power of life and death; a tradition in the Talmud, which Gill cites, says that the Jewish courts stopped judging capital cases about forty years before the temple fell. The Sanhedrin could try a man and declare that he deserved death, as it did with Jesus (Mark 14:64), but carrying out the sentence needed the governor.

So both are true: by the law of Moses, as they read it, Jesus deserved to die; under Roman law they could not execute him. That is why they brought him to Pilate, and why they first accused him of a political crime, claiming to be a king (Luke 23:2), and only fell back on the religious charge when Pilate would not convict. John adds that this fulfilled Jesus’ own words about the manner of his death (John 18:32; 12:32–33): a Roman execution meant being lifted up on a cross, not stoning.

Still open

Scholars still discuss whether the Sanhedrin kept any power of execution in special cases, such as a Gentile entering the inner courts of the temple, and how to understand the stoning of Stephen (Acts 7:57–60), which may have been mob action. These questions do not affect the answer here.

From the classic commentators

not that they were of such tender consciences, that they could not put him to death, or that they had no law to punish him with death, provided he was guilty; but because judgments in capital cases had ceased among themJohn Gill, Exposition of the Bible, on John 18 (1746–1763)
And now Archelaus’s part of Judea was reduced into a province, and Coponius, one of the equestrian order among the Romans, was sent as a procurator, having the power of [life and] death put into his hands by Cæsar.Josephus, The Jewish War 2.8.1 (about AD 75; Whiston’s translation, 1737)

Sources

Raised by: W. H. Burr, Self-Contradictions of the Bible (1860), EvilBible.com. Only the verse references come from these lists.

Checked 2026-10-22. All hard questions