(d) To bring to trial false prophets or any heretic who promulgated doctrines contrary to the tenets of the scribes or the Sanhedrim (
ãַּáַøֵé ñåֹôְøַéí
): “Such a one is not to be executed by the tribunal of his native place, nor by the tribunal at Jabne, but by the supreme court of Jerusalem; he is to be kept till the forthcoming festival, and to be executed on the festival,” as it is written (Deu_17:13), “and all the people shall hear and fear, and do no more presumptuously” (Mishna, Sanhedrin, 11, 3, 4; comp. also Mat_26:65; Mat_27:63; Joh_19:7; Act_4:2; Acts 5, 28; Act_6:13). In accordance with this is the remark of our Savior, “It cannot be that a prophet perish out of Jerusalem” (Luk_13:33, with Josephus, Ant. 14, 9, 3).
(e) To see that neither the king nor the high priest should act contrary to the law of God. Thus the Talmud tells us that Alexander Jannseus was summoned before the Sanhedrim to witness the trial of his servant, who had committed murder (B.C. 80), under the presidency of Simon ben- Shetach (Sanhedrin, 19 a), and we know that Herod had to appear before this tribunal to answer for his conduct (Josephus, Ant. 14, 9, 4).
(f) To determine whether a war with any nation contemplated by the king is to be waged, and to give the sovereign permission to do so (Sanhedrin, 1, 5; 2, 4).
(g) To decide whether the boundaries of the holy city or the precincts of the Temple are to be enlarged, inasmuch as it was only by the decision of the Sanhedrim that these additions could be included in the consecrated ground (ibid. 1, 5; Shebuoth, 14 a).
(h) To appoint the provincial Sanhedrim, or courts of justice (Sanhedrin, 1, 5; Gemara, ibid. 63 b; Tosephta Sanhedrin, cap. 7; ibid. Chagiga, cap. 2; Jerusalem Sanhedrin, 1, 19 b).
(i) To regulate the calendar and harmonize the solar with the lunar year by appointing intercalary days (Sanhedrin, 10 b). This jurisdiction of the Sanhedrim was recognized by all the Jews both in Palestine and in foreign lands (Act_9:2; Act_26:10; with Mishna, Manoth, 6, 10; Tosephta Sanhedrin, cap. 7; Chagiga, cap. 2). Thereby this supreme court secured unity of faith and uniformity of practice.
5. Mode of Conducting Trials, Punishments, etc. — The humane and benevolent feelings of the rulers towards the people whom they represented were especially seen in their administration of the law. They always acted upon the principle that the accused was innocent till he could be proved guilty. Hence they always manifested an anxiety, in their mode of conducting the trial, to clear the arraigned rather than secure his condemnation, especially in matters of life and death. Their axiom was that “the Sanhedrim is to save, not to destroy life” (Sanhedrin, 42 b). Hence no man could be tried and condemned in his absence (Joh_7:51); and when the accused was brought before the tribunal, the president of the Sanhedrim at the very outset of the trial solemnly admonished the witnesses, pointing out to them the preciousness of human life, and earnestly beseeching them carefully and calmly to reflect whether they had not overlooked some circumstances which might favor the innocence of the accused (Sanhedrin, 37 a). Even the attendants were allowed to take part in the discussion, if a mild sentence could thereby be procured; while those members of the Sanhedrim who, during the debate, once expressed themselves in favor of acquitting the accused, could not any more give their votes for his condemnation at the end of the trial. The taking of the votes always began from the junior member and gradually went on to the senior, in order that the lowest members might not be influenced by the opinion of the highest (ibid. 32 a). In capital offenses, it required a majority of at least two to condemn the accused; and when the trial was before a quorum of twenty-three, or before the Small Sanhedrim, which consisted of this number, thirteen members had to declare for the guilt (Mishna, Sanhedrin, 4, 1; Gemara, ibid. 2 a, 40 a). In trials of capital offenses, the verdict of acquittal could be given on the same day, but that of guilty had to be reserved for the following day, for which reason such trials could not commence on the day preceding the Sabbath or a festival. No criminal trial could be carried through in the night (Mishna, ibid. 4, 1; Gemara, ibid. 32).
The judges who condemned a criminal to death had to fast all day (Sanhedrin, 63 a). The condemned was not executed the same day on which the sentence was passed; but the votes pro and con having been taken by the two notaries, the members of the Sanhedrim assembled together on the following day to examine the discussion, and to see whether there was any contradiction on the part of the judges (Mishna, Sanhedrin, 4, 1; Gemara, ibid. 39 a). If on the way to execution the criminal remembered that he had something fresh to adduce in his favor, he was led back to the tribunal, and the validity of his statement was examined. If he himself could say nothing more, a herald preceded him as he was led to the place of execution, and exclaimed, “A, son of B, has been found guilty of death, because he committed such and such a crime according to the testimony of C and D; if any one knows anything to clear him, let him come forward and declare it” (Mishna, ibid. 6, 1). Clemency and humanity, however, were manifested towards him even when his criminality was beyond the shadow of a doubt, and when the law had to take its final course. Before his execution, a stupefying beverage was administered to the condemned by pious women to deprive him of consciousness and lessen the pain (Sanhedrin, 43 a, with Mat_27:48; Mar_15:23; Mar_15:36; Luk_23:36; Joh_19:29-30). The property of the executed was not confiscated, but passed over to his heirs (Sanhedrin, 48 b). The only exception to this leniency was one who gave himself out as the Messiah, or who led the people astray from the doctrines of their fathers (
îñéú åîãéä
=
ðëÜíïõò
; Mat_27:63; Luk_13:33; Act_4:2; Acts 5, 28). Such a one had to endure all the rigors of the law without any mitigation (Sanhedrin, 36 b, 67 a). He could even be tried and condemned the same day or in the night (Tosephta Sanhedrin, 10; Mat_27:1-2).
As to the different punishments which the Sanhedrim had the power to inflict, though they were commensurate with the gravity of the offenses which fell within their jurisdiction to try, and embraced both corporal (Acts 5, 40; Mishna, Manoth, 3, 1-5) and capital punishments, yet even this supreme court was restricted to four modes of taking life — viz. by stoning, burning, beheading, and strangling (
äøâ åçð÷ ñ÷éìä ùøéôä
). These four modes of execution were the only legal ones among the Jews from time immemorial (Mishna, Sanhedrin, 7, 1), and could be inflicted either by the Great Sanhedrim or by the Small Sanhedrim. According to the Gospel of John, however, the Jews declare (
ἡìõῖí ïὐê ἔîåóôéí ἀðïêôåῖíáé ïὐäÝíá
), “It is not lawful for us to put any man to death” (Joh_18:31), which agrees with the remark in the Jerusalem Talmud that “forty years before the destruction of the Temple the power of inflicting capital punishment was taken away from Israel” (Sanhedrin, 1, beginning; 7, 2, p. 24). But this simply means that without the confirmation of the sentence on the part of the Roman procurator, the Jews had not the power to carry the sentence of the Sanhedrim into execution. This is not only confirmed by Josephus, who tells us that the Pharisees complained to the procurator Albinus about the assumption to execute capital punishment on the part of the Sadducaean high priest (Ant. 20, 9, 1), but by the appeal of Paul to the chief captain (Act_22:25-30), and especially by the whole manner in which the trial of Jesus was conducted. The stoning of Stephen (Act_7:54, etc.) was the illegal act of an enraged multitude, as Josephus (Ant. 20, 9, 1) expressly declares the execution of the apostle James during the absence of the procurator to have been.
II. The Small Sanhedrim. —
1. Members, Constitution, etc. — This judicial court consisted of twenty- three members, who were appointed by the Great Sanhedrim (Mishna, Sanhedrin, 1, 5, 6), and a president (
îåôìà
, excellency) as their head (ibid. 1, 6; Horajoth, 4 b). They had the power not only to judge civil cases, but also such capital offenses as did not come within the jurisdiction of the supreme court (Mishna, Sanhedrin, 1, 4; 4, 1). Such provincial courts were appointed in every town or village which had no less than 120 representative men (
îòîéãéï
) — i.e. twenty-three judges, three ranks of disciples of twenty-three persons each (=sixty-nine), ten constant attendants in the synagogue (
òùøä áèìðéï ùì áéú äëðñú
), two judges' notaries, the one to write down the arguments for and the other the arguments against the accused's innocence; two court servants to administer the forty stripes save one, and to wait upon the judges; two judges, two witnesses, two counter-witnesses, two witnesses to gainsay the counter-witnesses, two almoners, and one additional to distribute the alms, one physician, one scribe (
ìáìé
), and one schoolmaster for children — in all 120 (Sanhedrin, 17 b; Maimonides, Iad Ha-Chezaka, Hilchoth Sanhedrin, 1, 10).
2. Place, Time, and Order in which the Sessions were Held. — In the provinces these courts of justice were at first held in the market place, but afterwards in a room adjoining the synagogue (Jerusalem Sanhedrin, 1, 1 Baba Metsia, 51, 8), for the same reason which made the Great Sanhedrim hold their sittings in the Hall of Squares, in the inner court of the Temple. They sat every Monday and Thursday, being market days (Baba Rema, 82 a; Kathuboth, 3 a), from the termination of morning prayer till the sixth hour (Maimonides, Hilchoth Sanhedrin, 3, 1). The order in which they were ranged was the same as that of the Great Sanhedrim. There were two of these lesser courts of justice in Jerusalem itself; one sat at the entrance to the Temple mount, and the other at the entrance to the Temple hall (Mishna, Sanhedrin, 9, 2), which on special occasions met together with the Great Sanhedrim (Sanhedrin, 88 b). There was no appeal to the Great Sanhedrim against the decision of this lesser Sanhedrim. Only when the opinion of the judges was divided did they themselves consult with the supreme court. The stripes to which offenders were sentenced were given in the synagogue by the officer already mentioned (Mar_13:9, with Mat_10:17; Mat_23:34), and it is evidently to such a local Sanhedrim that reference is made in Mat_5:22; Mat_10:17; Mar_13:9. Besides these two courts, there was also one consisting of three judges. Within the jurisdiction of this court came suits for debts, robbery, bodily injuries, compensation for damages; thefts which involved a twofold, fourfold, or fivefold value to the proprietor (Exo_22:1-9); rapes, seduction, slander, and all minor offenses (Mishna, Sanhedrin, 1, 1-3; 3, 1). There were in Jerusalem alone 390 such Sanhedrims.
3. Origin, Development, and Extinction of the Sanhedrim. — According to the most ancient Jewish tradition, the Sanhedrim was instituted by Moses, when he appointed, according to the command of God, seventy elders, who, together with him as their president, were to act as magistrates and judges (Num_11:16-24), thus constituting the first Sanhedrim with its seventy-one members (Mishna, Sanhedrin, 1, 6; Gemara, ibid. 2). Hence the so-called Jerusalem Targum paraphrases Exo_15:27, “And they came to Elim, and there were there twelve fountains of water, answering to the twelve tribes of Israel; and seventy palm trees, answering to the seventy elders of the Sanhedrim of Israel,” while the other Chaldee versions express the judicial courts and colleges of the remotest antiquity by the name Sanhedrim (comp. Targum, Isa_28:6; Rth_3:11; Rth_4:1; Psa_140:10; Ecc_12:12). Hence, too, the offices of president and vice-president are traced to Moses (Jerusalem Sota, 9, 10). In the time of the kings, we are assured, Saul was president of the Sanhedrim in his reign, and his son Jonathan was vice- president (Moed Katon, 26 a); and these two functions continued during the time of the later prophets (Pea, 2 b; Nasir, 56 b; Tosephta Yadayim, cap. 11). The Chaldee paraphrase on the Song of Songs tells us that the Sanhedrim existed even in the Babylonian captivity, and that it was reorganized by Ezra immediately after the return from the exile (comp. Son_6:1). But though this view has also been entertained by some of the most learned Christian scholars (e.g. Selden, Leusden, Grotius, Reland), and though allusion is made in Jeremiah (Jer_26:8; Jer_26:16) to the several distinct classes which we afterwards find constituting the Sanhedrim, while Ezekiel (Eze_8:11, etc.) actually mentions the existence of seventy elders in his time, yet there seems to be little doubt that this supreme court, as it existed during the second Temple, developed itself in the Greek rule over Palestine. Livy expressly states (14, 32), “Pronuntiatum quod ad statum Macedoniae pertinebat, senatores, quos synedros vocant, legendos esse, quorum consilio respublica administraretur.” If the
ãåñïõóßá ôῶí É᾿ïõäáßùí
in 2Ma_1:10; 2Ma_4:44; 2Ma_11:27, designates the Sanhedrim — as it probably does — this is the earliest historical trace of its existence. The Macedonian origin of the Sanhedrim is corroborated by the following reasons:
(a) The historical books of the Bible are perfectly silent about the existence of such a tribunal.
(b) The prophets, who again and again manifest such zeal for justice and righteous judgment, never mention this court of justice, but always refer the administration of the law to the ruling monarch and the magnates of the land, thus showing that this central administration belongs to the period of the second Temple.
(c) The name
óõíÝäñéïí
,
óõíåäñåýåéí
, by which it has come down to us, points to the fact that this synod originated during the Macedonian supremacy in Palestine. It is true that Josephus does not mention the Sanhedrim before the conquest of Judea by Pompey (B.C. 63); but the very fact that it had such power in the time of Hyrcanus II as to summon Herod to answer for his unjust conduct (Josephus, Ant. 14, 9, 4) shows that it must then have been a very old institution to have acquired such development and authority. Hence Frankel rightly remarks, “Upon more minute examination, we find that the chronicler gives a pretty plain sketch of the Great Sanhedrim, as he mentions the existence in Jerusalem of a supreme court consisting of priests, Levites, and heads of families, with the high priest as president (2Ch_19:8; 2Ch_19:11).... Now the chronicler, as Zunz has shown (Gottesdienstliche Vorträge, p. 32), lived as early as the beginning of the 2d century of the Seleucidean era, so that at that time the Sanhedrim did already exist, and its beginning is to be placed at the period in which Asia was convulsed by Alexander and his successors of the Ptolemean and Seleucidean dynasties. Palestine, too, felt deeply the consequences of these recent convulsions, and to preserve its internal religious independence it required a thoroughly organized body to watch over both its doctrines and rights. This body manifested itself in the Sanhedrim, at the head of which was the high priest, as is seen from Ecc_4:4-5, and 2Ch_19:8; 2Ch_19:11. The Sanhedrim seems to have been dissolved in the time of the Maccabaean revolt in consequence of the unworthy high priests (comp. 2 Macc.), but it was reconstructed after the overthrow of the Syrian yoke. As the people, however, were unwilling to leave the whole power in the hands of the Maccabees, who were already princes and high priests, they henceforth placed at the head of the Sanhedrim a president and a vice-president” (Der gerichtliche Beweis, p. 68, note). This is, moreover, corroborated by the traditional chain of presidents and vice-presidents which is uninterruptedly traced from Jose ben-Joeser (B.C. 170), as well as by the statement that with Simon the Just terminated the Great Synagogue (Aboth, 1, 2), from which the Sanhedrim developed itself. The transition from the Great Synagogue to the Great Sanhedrim is perfectly natural. “The Macedonian conqueror,” as Frankel justly states (Programm. p. 6, 1834), “with all his clemency towards Palestine, which resisted him so long and so obstinately, effected changes in the internal government of the people, and dissolved the Great Synagogue, which to a certain extent conferred independence and a republican constitution upon the land. The people, however, valued highly their old institutions, and would not relinquish them. Hence most probably in the confusions which broke out after Alexander's death, when the attention of the fighting chiefs could not be directed towards Palestine, the supreme court was formed anew, assuming the name Synhedrion, which was a common appellation among the Greeks for a senate.” It was this development of the Great Sanhedrim from the Great Synagogue which accounts for the similarity of the two names (
äâãåìä ñðäãøéï âãåìä ëðñú
).
After the destruction of Jerusalem, when the holy city was no longer adapted to be the center of religious administration, R. Jochanan ben- Zakkai transferred the seat of the Sanhedrim to Jabne or Jamnia (A.D. 68- 80); it was thence transferred to Usha (Kethuboth, 49; Sabbath, 15; Rosh Ha-Shana, 15 b), under the presidency of Gamaliel II, ben-Simon II (A.D. 80-116); conveyed back to Jabne and again to Usha; to Shafran, under the presidency of Simon III, ben-Gamaliel II (A.D. 140-163); to Beth-Shearim and Sepphoris, under the presidency of Jehudah I the Holy, ben-Simon III (A.D. 163-193; comp. Kethuboth, 103 b; Nida, 27 a); and finally to Tiberias, under the presidency of Gamaliel III, ben-Jehudah I (A.D. 193- 220), where it became more of a consistory, but still retaining, under the presidency of Jehudah II, ben-Simon III (A.D. 220-270), the power of excommunication in case any Israelite refused to abide by its decisions; while under the presidency of Gamaliel IV, ben-Jehudah II (A.D. 270-300), it dropped the appellation Sanhedrim, and the authoritative decisions were issued under the name Beth Ham-Midrash (
áֵּéú äִîְּãְøָùׁ
). Gamaliel VI (A.D. 400-425) was the last president. With the death of this patriarch, who was executed by Theodosius II for erecting new synagogues contrary to the imperial inhibition, the title of Nasi, the last remains of the ancient Sanhedrim, became wholly extinct in the year 425.
It was with reference to this Supreme Court that Christ chose seventy disciples (Luk_10:1), answering to the seventy senators composing the Sanhedrim, just as he chose twelve apostles with reference to the twelve tribes of Israel (Mat_19:28; Luk_22:30), to indicate thereby to the Jews that the authority of their supreme religious court was now taken away and was vested in the seventy of his own choice, and over which he himself was the president and supreme Lord.
4. Literature. — Mishna, Sanhedrin, and the Gemara on this tractate; excerpts of the Gemara tractate Sanhedrin have been translated into Latin with elaborate notes by John Coch (Amst. 1629); the monographs of Vorstius and Witsius, in Ugolino's Thesaurus, vol. 25; Maimonides, De Sanhedriis et Poenis (ed. Houting. Amst. 1695); Selden, De Synedriis et Proeficturis Juridicis Veterum Eboreorum (Lond. 1650); Zunz, Die gottesdienstlichen Vorträge der Juden, p. 37 sq. (Berlin, 1832); Israelitische Annaelen, 1, 108, 131 sq. (Frankfort-on-the-Main, 1839); Frankel, Der gerichtliche Beweis nach mosaisch-talmudischem Rechte, p. 68 sq. (Berlin, 1846); Rapaport, Erech Millin, p. 2 (Prague, 1852); Frankel, Monatsschrift für Geschichte und Wissenschaft des Judenthums, 1, 344 sq.; Levy, in Frankel's Monatsschrift, 4, 266 sq., 301 sq. (Leips. 1855); Herzfeld, Geschichte des Volkes Israel, 2, 380 sq. (Nordhausen, 1855); Krochmal, in the Hebrew essays and reviews entitled He-Chaluz, 3, 118 sq. (Lemberg, 1856); Jost, Geschichte des Judenthums und seiner Secten, 1, 123 sq., 270 sq. (Leips. 1857); Grätz, Geschichte der Juden, p. 88 sq. (2d ed. Leips. 1863); Hartmann, Die Verbindung des Alten Testaments init dem Neuen (Hamb. 1831). SEE SCHOOL, where all the presidents and vice-presidents of the Sanhedrim will be given in chronological order; and SYNAGOGUE, THE GREAT, where the development of the Sanhedrim from this institution will be traced. For monographs on the civil powers of the Sanhedrim in our Lord's time, see Volbeding, Index Programmatum, p. 58. SEE COUNCIL.