Now Moses in the Law commanded us, that such should be stoned (or, to stone such); but what sayest thou? £ The Law (Deuteronomy 22:23, etc.) prescribed stoning for both parties when the woman is the betrothed bride of another man, and if she make no sufficient attempt to foil the purpose of her seducer.
For ordinary adultery the death penalty is left indefinite (Le John 20:10). It is no proof that strangulation was the method of punishment in the days of our Lord because the Talmud and Maimonides thus express it.
£ Meyer concludes that the woman was a betrothed bride. This offence is, broadly speaking. "adultery" of an aggravated kind. The reference to the method of the punishment is not demonstrable proof of this, because it would be easily feasible to transfer the method of the death from the extreme case to the ordinary ease of nuptial infidelity (cf.
Exodus 31:14 for the punishment of unspecified death for sabbath violation (repeated Exodus 35:2), interpreted of "stoning" in the special illustrative case, Numbers 15:32-36). This is Moses' Law—"what sayest thou?"
This query involves an ascription to Jesus of the right of authoritatively interpreting the Law. thus attributing to him the functions of a new legislator. Some have objected to the bare possibility of such an appeal being made to Jesus by any species of Jewish authority.
The whole context shows that the process was malicious, ironical, crafty. The entire audience knew that this law had never been accepted or applied literally; that the Sanhedrin had not enforced it; and that, if they had endeavoured to do so, the Roman power had taken from the nation the jus gladii.
The question, therefore, became one of casuistry inflamed by a concrete case, and having as its ally a secret sympathy with the offenders. It was not uncommon for the rabbis to discuss the incidence of obsolete laws.
Many of the glosses upon the ancient law, and laborious trifling with specific regulations of the so called oral law, turn upon customs that were absolutely impracticable under the new conditions of the Jewish life.
This, however, was no mere quibble of words about possible duties. The query was put with dramatic force and in concrete form. The shame and life of a fellow creature were the materials which this eager and bloodthirsty group were utilizing for their vile purpose.