According to the Talmud, there was at least one seeming exception to
this rule. Renan describes it with peculiar clearness and succinctness.
"The procedure," he says, "against the 'corrupter' (mesith), who sought
to attaint the purity of religion, is explained in the Talmud, with
details, the naïve impudence of which provokes a smile. A judicial
ambush is therein erected into an essential part of the examination of
criminals. When a man was accused of being a 'corrupter,' two witnesses
were suborned who were concealed behind a partition. It was arranged to
bring the accused into a contiguous room, where he could be heard by
these two witnesses without his perceiving them. Two candles were
lighted near him, in order that it might be satisfactorily proved that
the witnesses 'saw him.' (In criminal matters, eyewitnesses alone were
admitted. Mishna, Sanhedrin VI, 5.) He was then made to repeat his
blasphemy; next urged to retract it. If he persisted, the witnesses who
had heard him conducted him to the Tribunal and he was stoned to death.
The Talmud adds that this was the manner in which they treated Jesus;
that he was condemned on the faith of two witnesses who had been
suborned, and that the crime of 'corruption' is, moreover, the only one
for which the witnesses are thus prepared."[234]
Most Gentile writers ridicule this statement of the Talmud, and maintain
that it was a Rabbinic invention of post-Apostolic days, and was
intended to offer an excuse for the outrageous proceedings against the
Christ. Schürer dismisses the whole proposition with contempt. Many
Jewish scholars also refuse it the sanction of their authority. But even
if it was a Talmudic rule of law in force at the time of Christ, its
constitutionality, so to speak, might be questioned, in the first place;
since it was, in spirit at least, repugnant to and subversive of the
Mosaic provision in Leviticus cited above. It must not be forgotten that
the Mosaic Code was the constitution, the fundamental law of Judaism, by
which every Rabbinic interpretation and every legal innovation was to be
tested.
Public-domain text, read in full here on John Shaqi.
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