To this strong expression one of their own number (and therefore to their great surprise), Nicodemus, the same person who had visited Jesus under cover of night, takes exception and makes a protest. [Tisch [61] deletes the clause ὁ ἐλθὼν νυκτὸς πρὸς αὐτόν, and no doubt it has quite the appearance of a gloss. At the same time it is John's manner thus to identify persons named. And at John 19:39 the similar clause is not deleted.] This was a bold step. For he must have known it was useless; and he might have persuaded himself to evade all risk by silence. His remonstrance is based on their implied claim to know the law: μὴ ὁ νόμος … ποιεῖ; their own action is suspiciously like a violation of the law. “Does our law pass judgment on the suspected person before it first hears him and knows what he is guilty of doing?” For the law regarding trials see Deuteronomy 1:16 and Stapfer's Palestine, p. 108, on the administration of justice. The construction is simple; “the law” which the Sanhedrim administered is the nominative throughout.

[61] Tischendorf.

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Old Testament