If you’ve been following the weekly Torah schedule, you will recall that in last week’s Torah reading (i.e., Shoftim), Moses defined an extensive system of justice for the Israelites and pointed to the coming Messiah who would be the rightful King of Israel: “The LORD your God will raise up for you a prophet like me from among you, from your brothers — it is to him you shall listen” (Deut. 18:15). In this week’s portion (i.e., Ki Teitzei: כי־תצא), Moses returns to the immediate concern of life in the promised land by providing additional laws to be enforced regarding civil life in Israel. In fact, Jewish tradition (following Maimonides) identifies no less than 74 of the Torah’s 613 commandments in this portion (more than any other), covering a wide assortment of rules related to ethical warfare, family life, burial of the deceased, property laws, the humane treatment of animals, fair labor practices, and honest economic transactions.
Of particular interest to us is the statement that a man who was executed and “hanged on a tree” (עַל־עֵץ) is cursed of God (Deut. 21:22-23). According to the Talmud (i.e., Nezakim: Sanhedrin 6:4:3), the Great Sanhedrin (סַנְהֶדְרִין גְדוֹלָה) decided that “a man must be hanged with his face towards the spectators” upon a wooden stake, with his arms slung over a horizontal beam. It should be noted that while this is technically not the same thing as the gruesome practice of Roman crucifixion, the reasoning based on this verse was apparently used to justify the execution of Yeshua (Mark 15:9-15; John 19:5-7; 15). The exposed body was required to be buried before sundown to keep the land from being defiled. Besides the shame and degradation of this manner of death, the one so executed would be unable to fall to their knees as a final act of repentance before God, thereby implying that they were under the irrevocable curse of God (קִלְלַת אֱלהִים).
In this connection, we should note that Yeshua was falsely charged with blasphemy before the corrupt Sanhedrin of His day (Matt. 26:65; Mark 14:64; John 10:33) – an offence that was punishable by stoning (Lev. 24:11-16). However, since the Imperial Roman government then exercised legal hegemony over the region of Palestine, all capital cases were required to be submitted to the Roman proconsul for adjudication, and therefore we understand why the Jewish court remanded Yeshua and brought him to be interrogated by Pontius Pilate. Because Roman law was indifferent to cases concerning Jewish religious practices (i.e., charges of blasphemy), however, the priests further slandered Yeshua by illegitimately switching the original charge of blasphemy to that of sedition against Rome. The Sanhedrin undoubtedly rationalized their duplicity because the Torah allowed for an offender to impaled or “hung on a tree” (Num. 25:4), and since they were unable to do carry out this judgment because of Roman rule in the area, they needed Pilate to condemn him to death by crucifixion (Matt. 27:31; Mark 15:13-4; Luke 23:21; John 19:6,15). Note that crucifixion is mentioned elsewhere in the Talmud (Nashim: Yevamot 120b) regarding whether a widow can remarry if her husband had been crucified, as well as by the Jewish historian Josephus. The Talmud furthermore alludes to the death of Yeshua where Yeshua is said to have been crucified on “eve of Passover” (Nezekin: Sanhedrin 43a).
Ki Teitzei Podcast:
