Luke 23:1-25
Jesus Before Pilate and Herod
1Then the whole assembly rose and led him off to Pilate. 2And they began to accuse him, saying, “We have found this man subverting our nation. He opposes payment of taxes to Caesar and claims to be Christ,[a] a king.”
3So Pilate asked Jesus, “Are you the king of the Jews?”
“Yes, it is as you say,” Jesus replied.
4Then Pilate announced to the chief priests and the crowd, “I find no basis for a charge against this man.”
After their abbreviated trial of Jesus, the entire Sanhedrin went as a group to Pilate, expecting to have no trouble getting him to execute Jesus. Pilate was a cruel governor who killed many Jews during his time. Pilate was well known for his disdain for Jewish customs and beliefs, and in this case, it worked in Jesus’ favor, at least for a little while. Because of his lack of respect for Jews, Pilate was suspicious of the Sanhedrin’s motives. Here were these well dressed men of Jewish nobility accusing a beaten and bloodied peasant of claiming to be a king. I don’t think Jesus looked much like a king at that point. He looked like a victim. Their charges against Jesus were outright lies. The thing they thought they had gotten Jesus to confess to, blasphemy, would mean nothing to Pilate. So they made up charges that he had opposed paying taxes to Rome and that he claimed to be the Messiah King. In fact, Jesus had said just the opposite. When asked about paying taxes, he had said, “Give to Caesar what is Caesar’s, and to God what is God’s.” (Luke 20:25) When asked if he was the Christ, the Messiah King, just moments before, instead of taking on that title, Jesus called himself the Son of Man from Daniel 7:13-14. The religious leaders couldn’t come up with legitimate charges against Jesus, so they simply made some up.
Pilate’s question to Jesus strikes me as sarcastic, especially considering what Jesus’ appearance must have been like.. Pilate didn’t take the Sanhedrin’s charges seriously, as we can see from his many attempts to set Jesus free. There is some debate about Jesus’ answer to Pilate. Some think it’s not as positive a response as the NIV makes it seem, but an answer more like, “You said it.” But the words are the same as Jesus’ answer to the Sanhedrin, which the Amplified Bible again translates, “[It is just as] you say. [I AM.]” But neither response would have been heard as a confession by Pilate. The use of the name I AM, while considered blasphemous by the religious leaders, would have gone right over Pilate’s head. The Sanhedrin’s plan was not working as they hoped it would. Pilate finds Jesus innocent of any charge deserving death.
5But they insisted, “He stirs up the people all over Judea[b]by his teaching. He started in Galilee and has come all the way here.”
6On hearing this, Pilate asked if the man was a Galilean. 7When he learned that Jesus was under Herod’s jurisdiction, he sent him to Herod, who was also in Jerusalem at that time.
8When Herod saw Jesus, he was greatly pleased, because for a long time he had been wanting to see him. From what he had heard about him, he hoped to see him perform some miracle. 9He plied him with many questions, but Jesus gave him no answer. 10The chief priests and the teachers of the law were standing there, vehemently accusing him. 11Then Herod and his soldiers ridiculed and mocked him. Dressing him in an elegant robe, they sent him back to Pilate. 12That day Herod and Pilate became friends—before this they had been enemies.
Neither Mark or John mention Jesus being handed over to Herod. See my post on Jesus’ trial before Pilate in Mark and John here. Herod Antipas was the son of Herod the Great, who was petty king of Galilee and Perea under Roman rule at the time of Jesus’ birth (Luke 1:5). The Herods were given some power and a small detachment of troops. Herod Antipas is the same one who beheaded John the Baptist (Luke 9:9). When Pilate found out Jesus was from Galilee, he was happy to hand Jesus over to Herod. I’m sure he thought he had seen the last of Jesus at that point. Herod was delighted at the opportunity to see Jesus, who he had been wanting to see for a long time. Cuza, the manger of Herod’s household, was married to Joanna, a financial supporter of Jesus’ ministry (Luke 8:3). Probably because of this, Herod heard many stories about Jesus’ miracles, and wanted to see one for himself (Luke 9:7-9). But Herod was not really interested in Jesus, he just wanted to be entertained. There are many in the church like that today. They enjoy the music, multimedia, and preaching, but aren’t really interested in knowing Jesus.
Herod is the only one to try Jesus that Jesus gives no answer to. Jesus answered the chief priests and Pilate, but gave Herod no answer. Jesus answered those who were doing their best to kill him, but said nothing to the shallow man who only wanted entertainment. Throughout his ministry, Jesus ignored those who only wanted to see signs and wonders, but shared everything with those who wanted to know him and hear his teachings. What should that tell us about our desire to be entertained today? After getting no response from Jesus, Herod dressed him in a robe and mocked him, then sent him back to Pilate. But Herod appreciated the gesture from Pilate. Pilate was only trying to avoid making a decision about Jesus, but Herod saw the act of sending Jesus to him as an acknowledgment of his authority. This was a politically shrewd move on Pilate’s part, and he gained an ally by doing it.
13Pilate called together the chief priests, the rulers and the people, 14and said to them, “You brought me this man as one who was inciting the people to rebellion. I have examined him in your presence and have found no basis for your charges against him. 15Neither has Herod, for he sent him back to us; as you can see, he has done nothing to deserve death. 16Therefore, I will punish him and then release him.”[c]
18With one voice they cried out, “Away with this man! Release Barabbas to us!” 19(Barabbas had been thrown into prison for an insurrection in the city, and for murder.)
20Wanting to release Jesus, Pilate appealed to them again. 21But they kept shouting, “Crucify him! Crucify him!”
22For the third time he spoke to them: “Why? What crime has this man committed? I have found in him no grounds for the death penalty. Therefore I will have him punished and then release him.”
23But with loud shouts they insistently demanded that he be crucified, and their shouts prevailed. 24So Pilate decided to grant their demand. 25He released the man who had been thrown into prison for insurrection and murder, the one they asked for, and surrendered Jesus to their will.
When Jesus is brought back before Pilate, Pilate repeats his verdict that Jesus is innocent, and thinks he can placate the crowd by having Jesus scourged and then released. He sees an opportunity to let Jesus go free by using the custom of releasing a prisoner at Passover. But there’s one problem. The crowd that had assembled was there for the purpose of demanding the release of Barabbas. They were aware of the custom as well, and they knew who they wanted released. Plus, the chief priests and elders were stirring up the crowd against Jesus. Barabbas was exactly what they were accusing Jesus of being, a rebel against Rome, leader of an insurrection. Pilate’s pleas fell on deaf ears. More than anything, Pilate was afraid of a riot, and the crowd was turning ugly. If there was a riot, Pilate could well be fired and called to stand before Caesar, which he was 4 years later, after the needless slaughter of some Samaritans.
I feel the need to again address the assertion we sometimes hear that the crowd that shouted “Crucify him!” at Jesus’ trial was the same crowd that shouted “Hosanna!” at the Triumphal Entry. Not true. The crowd that shouted “Hosanna!” was a crowd that followed Jesus on the road to Jerusalem, and entered the city with him from Jericho. The Triumphal Entry, as we think of it, happened before Jesus actually entered the city proper (Luke 19:28-44, blog). The crowd at his trial was probably a crowd of supporters of Barabbas who were there to seek his release, and supporters of the chief priests. They were completely different crowds. The crowd that followed Jesus to Jerusalem and shouted praises to the Son of David were hiding right then.
So Pilate handed Jesus over to be scourged, then crucified. Scourging was an extremely brutal punishment. I quote here from David Guzik’s Commentary:
The victim of a Roman scourging was tied against a post, and struck with a whip that had bits of glass, sharp rock, and metal tied to the end of leather cords. The whip would be struck at the top and dragged down the back, until the victim’s entire back was a bloody, open wound. Many people died just from this scourging.
Keep in mind that Jesus had not slept for at least 24 hours. He was already in a weakened physical state from exhaustion and the beating he had taken at the hands of the temple guard. The 39 lashes with the jagged whip must have put him in a state of shock. Also keep in mind that he could have stopped this at any time, but he let it go on out of love for us. But even this torture and the crucifixion to follow was not the source of his greatest agony. That came from drinking the cup of his Father’s wrath, from carrying the weight of all of our sin. As Oswald Chambers said in My Utmost For His Highest, (paraphrasing) “The reason salvation is so easy for us to achieve is that it cost God so much.”