Caiaphas' illegal midnight inquest of Joschka, and his arraignment by the council before Pilate - what is the halakhah?
מִדְּבַר־שֶׁ֖קֶר תִּרְחָ֑ק וְנָקִ֤י וְצַדִּיק֙ אַֽל־תַּהֲרֹ֔ג כִּ֥י לֹא־אַצְדִּ֖יק רָשָֽׁע׃
Keep far from a false charge; do not bring death on those who are innocent and in the right, for I will not acquit the wrongdoer.
(יח) שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכׇל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר ה' אֱלֹקֶ֛יךָ נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃ (יט) לֹא־תַטֶּ֣ה מִשְׁפָּ֔ט לֹ֥א תַכִּ֖יר פָּנִ֑ים וְלֹא־תִקַּ֣ח שֹׁ֔חַד כִּ֣י הַשֹּׁ֗חַד יְעַוֵּר֙ עֵינֵ֣י חֲכָמִ֔ים וִֽיסַלֵּ֖ף דִּבְרֵ֥י צַדִּיקִֽם׃ (כ) צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף לְמַ֤עַן תִּֽחְיֶה֙ וְיָרַשְׁתָּ֣ אֶת־הָאָ֔רֶץ אֲשֶׁר־ה' אֱלֹקֶ֖יךָ נֹתֵ֥ן לָֽךְ׃ {ס}
(18) You shall appoint magistrates and officials for your tribes, in all the settlements that your God ה' is giving you, and they shall govern the people with due justice. (19) You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just. (20) Justice, justice shall you pursue, that you may thrive and occupy the land that your God ה' is giving you.
דיני ממונות דנין ביום וגומרין בלילה דיני נפשות דנין ביום וגומרין ביום

In cases of monetary law, the court judges during the daytime, and may conclude the deliberations and issue the ruling even at night. In cases of capital law, the court judges during the daytime, and concludes the deliberations and issues the ruling only in the daytime.

דיני ממונות גומרין בו ביום בין לזכות בין לחובה דיני נפשות גומרין בו ביום לזכות וביום שלאחריו לחובה לפיכך אין דנין לא בערב שבת ולא בערב יום טוב
In cases of monetary law, the court may conclude the deliberations and issue the ruling even on that same day, whether to exempt the accused or to find him liable. In cases of capital law, the court may conclude the deliberations and issue the ruling even on that same day to acquit the accused, but must wait until the following day to find him liable. Therefore, since capital cases might continue for two days, the court does not judge cases of capital law on certain days, neither on the eve of Shabbat nor the eve of a Festival.
מתני׳ אחד דיני ממונות ואחד דיני נפשות בדרישה ובחקירה שנאמר (ויקרא כד, כב) משפט אחד יהיה לכם
MISHNA: Both cases of monetary law and cases of capital law are equal with regard to the requirement for inquiry and interrogation of the witnesses, as it is stated: “You shall have one manner of law” (Leviticus 24:22), meaning that all legal procedures must be uniform.

THIS ANALYSIS IS DRAFT and a WORK IN PROGRESS

(The Talmudic sources were compiled with the aid a Talmid Chacham affiliated with the Portland Kollel, who prefers to remain anonymous at the moment. Having not read the gospel accounts himself, he should not be held liable for any errors I've introduced in this essay)

An inquest and interrogation on capital charges was conducted by the chief priest and sadduccee Caiaphas at his a private residence, at night, on the eve of holiday. [citations needed] Therefore it would have been an unlawful assembly if it really occurred in the manner recounted in all four gospels. requires a daytime trial in a public venue, and not on the day prior to Sabbath or holiday - since all three of these requirements were flagrantly violated. The accused, Joshua ben Miriam (aka Jesus), is not the only one vindicated by gospels.

The gospels also vindicate the many aspects of the Oral Torah of the Pharisees - the Torah she bal Peh (the Talmud), and of course they vindicate the written Torah itself. The Sermon on the Mount found in Matthew 5-7, is an example of Oral Torah, an exposition of the second table of the decalogue, with detailed explanation (pirush) of halakha and mussar. It may come as a surprise and a horror to some of his devotees to discover this, but Joshua was a Pharisee. And when he calls some of his colleagues "hypocrites", it is exactly that element of their presentation that he condemns - their assimilation to greek theatrics. Pharisee is a term of praise, not of contempt, when used in the gospels - "for the Pharisees sit in Moses seat, therefore do what they say," says the Nazarene. Their willingness to teach the law (to be pharaisaical) is praised, it is their failure to actually do what they preach (their hypocrisy) which is condemned.

Perhaps it is for this reasons that christian bible expositors - who cannot deny the points demonstrated above - hold that even the gospels are not a guide for theology or ethics today, in the "dispensation of grace", since the events narrated took place under the "previous dispensation of the law". It is this type of perverse anti-Jewish interpretation on the New Testament at odds with the plain meaning of the texts, which has led Christianity to hold incorrectly that since the the trial was "according to Jewish law", therefore the law is itself condemned and therefore abrogated - both the oral and written Torah Law. In the christian imagination, all law is now superseded now by the grace that comes by way of efforts at theosis and gnostic self-realization through innovated rituals, by arbitrary decree of ecumenical councils, and by the tender mercies of pragmatic Roman emperors, God forbid.

The following morning, according to Mark, chief priests held a consultation with the elders and scribes and the whole council, and bound Jesus, and carried [him] away, and delivered [him] to Pilate". If this occurred on the "first day of unleavened bread", as John recounts, then it would have been an illegal gathering, since the council - the Sanhedrin - is forbidden from doing business on the sabbath, or the festival sabbaths.

Moreover, they should have recognized the inquest at Caiaphas house as a "false matter", from which they ought to have "distanced themselves" following Ex 23:7

We conclude that both the "inquest" and the "council" - as depicted in the gospels - were unlawful assemblies and in no sense can be construed as a "trial according to Jewish law". The moral rebuke intended by the gospel authors is that the sadducee priests, who are Roman collaborators, have flagrantly denied due process of law, which the Torah and the pharasaic/rabbinic tradition guarantees, in order to arraign Joshua on a false matter. The gospels therefore uphold pharisaic Judaism in general (and valorize in particular the Hasidic, Gallilean strain taught by Joshua). They demonstrate and condemn the unjust willingness of the Sadducaic heresy to capitulate to Roman colonial occupation, and comply with its perversions of justice, in order to preserve their privelege as stooges of a imperial Roman banana republic and continue the legacy of the Hellenizers against the Maccabees.

The christian readings of this narrative usually pervert this lesson into its exact inverse- that the trial did happen according to Jewish law, and conclude that the law is therefore condemned as unjust and is abrogated - not only the oral law taught by the Pharisees, but the written Torah as well. This is a perversion of the plain meaning of the text, and the proof texts brought from elsewhere in the the new testament and especially from Paul's writings, do not support the Christian interpretation - as I will explain in future commentaries, linked at the bottom of this essay.

Luke adds that "they began to accuse him, saying, We found this [fellow] perverting the nation, and forbidding to give tribute to Caesar, saying that he himself is Christ a King" - which if true would be an appeal to Roman law, attempting to make Judaism illegal.

It should be noted that according to Jewish law, it is not illegal to resist Roman hegemony, nor is it illegal (unless he is willfully misrepresenting) to declare oneself "Christ the King". Both of these, however, would be illegal under Roman law - an act of insurrection - for which he was tried and executed by Pontius Pilate. We conclude that regardless of whether Jesus was or was not in fact the Christ, the Messiah son of David, both of the so-called "councils" as depicted by the gospels in their plain interpretation, were unlawful assemblies in their very presence, and furthermore arraigned him on a false matter: according to halakhah, it is not a crime to declare oneself the Christ, the king of the Jews, nor to resist the Roman empire.

As some Christian scholars are now belatedly recognizing, in no way can the Jewish people as a whole, nor the Torah, be blamed for this unlawful assembly of heretical sadducees. Nor can rabbinic Judaism, which is based on the oral Torah of the Pharisees, according to whom this was an illegal trial. The willingness of the Pharisee faction to defend Paul when he was tried in the Sanhedrin, is more evidence to support this: even if many of them doubted his messianic beliefs, or disputed details of his halakha, they didn't regard his teachings as a fundamental departure from Torah Judaism, and were willing to tolerate it as a permissible sect. Many Pharisees did believe in Paul's messianism, which supported that taught by Peter and James respectively to the diaspora Jews and to the Judaeans.

Two possibilities appear: the gospels writings of the new testament are darshanim, "tales of the Hasidim", in the tradition of rabbinic Judaism, or else if the Mishna as redacted by Yehuda HaNasi represents an evolution from what was held to binding before the churban ha bayit (destruction of the temple) then the Talmud and rabbinic Judaism have been influenced by the New Testament more than either Judaism or Christianity have been willing to admit.

מִשְׁפַּ֤ט אֶחָד֙ יִהְיֶ֣ה לָכֶ֔ם כַּגֵּ֥ר כָּאֶזְרָ֖ח יִהְיֶ֑ה כִּ֛י אֲנִ֥י ה' אֱלֹקֵיכֶֽם׃
You shall have one standard for stranger and citizen alike: for I the LORD am your God.
מתני׳ ארבע מיתות נמסרו לבית דין סקילה שריפה הרג וחנק רבי שמעון אומר שריפה סקילה חנק והרג זו מצות הנסקלין:
MISHNA: Four types of the death penalty were given over to the court, with which those who committed certain transgressions are executed. They are, in descending order of severity: Stoning, burning, killing by decapitation, and strangulation. Rabbi Shimon says: They are, in descending order of severity: Burning, stoning, strangulation, and killing. This execution, described in the previous chapter, is referring to the mitzva of those who are stoned, i.e., to the process of execution by stoning.
אמר רבה עובדא הוה בי רבי חייא בר רבי ורב יוסף מתני רבי אושעיא בר רבי ורב ספרא מתני ר' אושעיא בר' חייא דאתא לקמיה גר שמל ולא טבל א"ל שהי כאן עד למחר ונטבלינך
Rabba said: There was an incident in the house of Rabbi Ḥiyya bar Rabbi, and as Rav Yosef teaches it, Rabbi Oshaya bar Rabbi was also present, and as Rav Safra teaches it, a third Sage, Rabbi Oshaya, son of Rabbi Ḥiyya, was also present, in which a convert came before him who was circumcised but had not immersed. He said to the convert: Remain here with us until tomorrow, and then we will immerse you.
ש"מ תלת ש"מ גר צריך שלשה וש"מ אינו גר עד שימול ויטבול וש"מ אין מטבילין גר בלילה ונימא ש"מ נמי בעינן מומחין דלמא דאיקלעו
Rabba said: Learn from this incident three principles: Learn from it that a convert requires a court of three people to preside over the conversion, as Rav Safra taught that the case involved three Sages. And learn from it that one is not considered to be a convert until he has been both circumcised and immersed. And learn from it that the court may not immerse a convert at night, as they instructed him to remain there until the following day. The Gemara suggests: And let us say that one should also learn from it that we require a court of experts to preside over the conversion, as Rav Safra identified that three expert Sages were present. The Gemara rejects this: Perhaps they simply happened to be there, but in fact three laymen would suffice.
מַה בֵּין דִּינֵי מָמוֹנוֹת לְדִינֵי נפָשׁוֹת. דִּינֵי מָמוֹנוֹת בִּשְׁלֹשָׁה דִּינֵי נְפָשׁוֹת בְּעֶשְׂרִים וּשְׁלֹשָׁה. דִּינֵי מָמוֹנוֹת פּוֹתְחִין בֵּין לִזְכוּת בֵּין לְחוֹבָה דִּינֵי נְפָשׁוֹת פּוֹתְחִין לִזְכוּת כְּמוֹ שֶׁבֵּאַרְנוּ וְאֵין פּוֹתְחִין לְחוֹבָה. דִּינֵי מָמוֹנוֹת מַטִּין עַל פִּי אֶחָד בֵּין לִזְכוּת בֵּין לְחוֹבָה דִּינֵי נְפָשׁוֹת מַטִּין עַל פִּי אֶחָד לִזְכוּת וְעַל פִּי שְׁנַיִם לְחוֹבָה. דִּינֵי מָמוֹנוֹת מַחֲזִירִין בֵּין לִזְכוּת בֵּין לְחוֹבָה וְדִינֵי נְפָשׁוֹת מַחֲזִירִין לִזְכוּת וְאֵין מַחֲזִירִין לְחוֹבָה כְּמוֹ שֶׁבֵּאַרְנוּ. דִּינֵי מָמוֹנוֹת הַכּל רְאוּיִין לְלַמֵּד זְכוּת אוֹ חוֹבָה בֵּין הַדַּיָּנִים בֵּין הַתַּלְמִידִים וְדִינֵי נְפָשׁוֹת הַכּל מְלַמְּדִין זְכוּת וַאֲפִלּוּ הַתַּלְמִידִים וְאֵין מְלַמֵּד חוֹבָה אֶלָּא הַדַּיָּנִים. דִּינֵי מָמוֹנוֹת הַדַּיָּן הַמְלַמֵּד חוֹבָה חוֹזֵר וּמְלַמֵּד זְכוּת וְהַמְלַמֵּד זְכוּת חוֹזֵר וּמְלַמֵּד חוֹבָה דִּינֵי נְפָשׁוֹת הַמְלַמֵּד חוֹבָה חוֹזֵר וּמְלַמֵּד זְכוּת אֲבָל הַמְלַמֵּד זְכוּת אֵינוֹ יָכוֹל לַחְזֹר וּלְלַמֵּד חוֹבָה אֶלָּא בִּשְׁעַת גְּמַר דִּין יֵשׁ לוֹ לַחְזֹר וּלְהִמָּנוֹת עִם הַמְחַיְּבִין כְּמוֹ שֶׁבֵּאַרְנוּ. דִּינֵי מָמוֹנוֹת דָּנִין בַּיּוֹם וְגוֹמְרִין בַּלַּיְלָה דִּינֵי נְפָשׁוֹת דָּנִין בַּיּוֹם וְגוֹמְרִין בַּיּוֹם. דִּינֵי מָמוֹנוֹת גּוֹמְרִין בּוֹ בַּיּוֹם בֵּין לִזְכוּת בֵּין לְחוֹבָה דִּינֵי נְפָשׁוֹת גּוֹמְרִין בּוֹ בַּיּוֹם לִזְכוּת וּבַיּוֹם שֶׁלְּאַחֲרָיו לְחוֹבָה:

The Anan family (which includes his son-in-law Caiaphas who tried Jesus for blasphemy at nighttime in his private residence) is referred to in the Talmud (Pes. 57a) as having influence, but using it against the interests of the people.

Jewish Encyclopedia: Annas

תָּנוּ רַבָּנַן: בָּרִאשׁוֹנָה הָיוּ מַנִּיחִין עוֹרוֹת קָדָשִׁים בְּלִשְׁכַּת בֵּית הַפַּרְוָה, לָעֶרֶב הָיוּ מְחַלְּקִין אוֹתָן לְאַנְשֵׁי בֵּית אָב. וְהָיוּ בַּעֲלֵי זְרוֹעוֹת נוֹטְלִין אוֹתָן בִּזְרוֹעַ. הִתְקִינוּ שֶׁיִּהְיוּ מְחַלְּקִין אוֹתָן מֵעֶרֶב שַׁבָּת לְעֶרֶב שַׁבָּת — דְּאָתְיָין כּוּלְּהוּ מִשְׁמָרוֹת, וְשָׁקְלָן בַּהֲדָדֵי.

Apropos the people of Jericho, the Gemara relates that powerful people would steal wood from them. The Sages taught: Initially, the priests would place the hides that were flayed from animals consecrated as offerings of the most sacred order, which were given to the priests, in the Parva chamber. In the evening, they would distribute them to the members of the family of priests serving in the Temple that day. And the powerful priests among them would take them by force before they could be distributed. The Rabbis decreed that they would distribute them each Shabbat eve, because then all the families of both priestly watches came and took their part together. All the families from both the watch that was beginning its service and the one ending its service were together when they divided the hides. The powerful priests were unable to take the hides by force.

וַעֲדַיִין הָיוּ גְּדוֹלֵי כְהוּנָּה נוֹטְלִין אוֹתָן בִּזְרוֹעַ. עָמְדוּ בְּעָלִים וְהִקְדִּישׁוּם לַשָּׁמַיִם.
Yet still the prominent priests by virtue of their lineage would take them by force. Due to their prominence, the members of the rest of the watch dared not challenge them. When they realized that there was no equitable distribution, the owners of the sacrifices (Me’iri) arose and consecrated the hides to Heaven so the priests could not take them.
עֲלֵיהֶם וְעַל כַּיּוֹצֵא בָּהֶם אָמַר אַבָּא שָׁאוּל בֶּן בָּטְנִית מִשּׁוּם אַבָּא יוֹסֵף בֶּן חָנִין: אוֹי לִי מִבֵּית בַּיְיתּוֹס — אוֹי לִי מֵאָלָתָן, אוֹי לִי מִבֵּית חָנִין — אוֹי לִי מִלְּחִישָׁתָן, אוֹי לִי מִבֵּית קַתְרוֹס — אוֹי לִי מִקּוּלְמוֹסָן, אוֹי לִי מִבֵּית יִשְׁמָעֵאל בֶּן פִּיאָכִי — אוֹי לִי מֵאֶגְרוֹפָן. שֶׁהֵם כֹּהֲנִים גְּדוֹלִים, וּבְנֵיהֶן גִּיזְבָּרִין, וְחַתְנֵיהֶם אֲמַרְכָּלִין, וְעַבְדֵיהֶן חוֹבְטִין אֶת הָעָם בְּמַקְלוֹת.
With regard to the prominent priests and those like them, Abba Shaul ben Batnit said in the name of Abba Yosef ben Ḥanin: Woe is me due to the High Priests of the house of Baitos, woe is me due to their clubs. Woe is me due to the High Priests of the house of Ḥanin; woe is me due to their whispers and the rumors they spread. Woe is me due to the High Priests of the house of Katros; woe is me due to their pens that they use to write lies. Woe is me due to the servants of the High Priests of the house of Yishmael ben Piakhi; woe is me due to their fists. The power of these households stemmed from the fact that the fathers were High Priests, and their sons were the Temple treasurers, and their sons-in-law were Temple overseers [amarkalin]. And their servants strike the people with clubs, and otherwise act inappropriately.
עֲלֵיהֶם וְעַל כַּיּוֹצֵא בָּהֶם אָמַר אַבָּא שָׁאוּל בֶּן בָּטְנִית מִשּׁוּם אַבָּא יוֹסֵף בֶּן חָנִין: אוֹי לִי מִבֵּית בַּיְיתּוֹס — אוֹי לִי מֵאָלָתָן, אוֹי לִי מִבֵּית חָנִין — אוֹי לִי מִלְּחִישָׁתָן, אוֹי לִי מִבֵּית קַתְרוֹס — אוֹי לִי מִקּוּלְמוֹסָן, אוֹי לִי מִבֵּית יִשְׁמָעֵאל בֶּן פִּיאָכִי — אוֹי לִי מֵאֶגְרוֹפָן. שֶׁהֵם כֹּהֲנִים גְּדוֹלִים, וּבְנֵיהֶן גִּיזְבָּרִין, וְחַתְנֵיהֶם אֲמַרְכָּלִין, וְעַבְדֵיהֶן חוֹבְטִין אֶת הָעָם בְּמַקְלוֹת.
With regard to the prominent priests and those like them, Abba Shaul ben Batnit said in the name of Abba Yosef ben Ḥanin: Woe is me due to the High Priests of the house of Baitos, woe is me due to their clubs. Woe is me due to the High Priests of the house of Ḥanin; woe is me due to their whispers and the rumors they spread. Woe is me due to the High Priests of the house of Katros; woe is me due to their pens that they use to write lies. Woe is me due to the servants of the High Priests of the house of Yishmael ben Piakhi; woe is me due to their fists. The power of these households stemmed from the fact that the fathers were High Priests, and their sons were the Temple treasurers, and their sons-in-law were Temple overseers [amarkalin]. And their servants strike the people with clubs, and otherwise act inappropriately.
תָּנוּ רַבָּנַן: אַרְבַּע צְווֹחוֹת צָוְחָה עֲזָרָה. רִאשׁוֹנָה: צְאוּ מִכָּאן בְּנֵי עֵלִי שֶׁטִּימְּאוּ הֵיכַל ה׳. וְעוֹד צָוְוחָה: צֵא מִיכָּן יִשָּׂשׂכָר אִישׁ כְּפַר בַּרְקַאי שֶׁמְּכַבֵּד אֶת עַצְמוֹ וּמְחַלֵּל קׇדְשֵׁי שָׁמַיִם. דַּהֲוָה כָּרֵיךְ יְדֵיהּ בְּשִׁירָאֵי וְעָבֵיד עֲבוֹדָה.
Apropos the critique of several prominent priests, the Gemara relates that the Sages taught: The people in the Temple courtyard all cried four cries, as they were in agreement over various issues (Pardes Rimonim). The first cry was: Leave here, sons of Eli, who defiled God’s Sanctuary (see I Samuel 2:22). Subsequently the priesthood was transferred to the house of Zadok. And an additional cry: Leave here, Yissakhar of Kfar Barkai, who honors himself and desecrates the items consecrated to Heaven. Due to his delicate nature and his disrespect for the Temple service, he would wrap his hands in silk [shirai] and perform the service. This would invalidate the service because the silk was an interposition between his hands and the Temple vessels. Furthermore, his conduct demeaned the Temple service, as he demonstrated that he was unwilling to dirty his hands for it.

Wikipedia Draft - User:Jaredscribe/Caiaphas_trial_of_Jesus

Anyone can edit this, and I welcome good faith contributors. Especially needed are references to published works by contemporary scholars, which can be cited on wikipedia as reliable sources (unlike this self-published source sheet). Chag sameach.

מנין לתלמיד שיושב לפני רבו ורואה זכות לעני וחוב לעשיר מנין שלא ישתוק תלמוד לומר (שמות כג, ז) מדבר שקר תרחק
From where is it derived with regard to a student who is sitting before his teacher and sees a claim that provides advantage for a poor person and disadvantage for a wealthy person that he shall not remain silent? It is derived as the verse states: “Distance yourself from a false matter.”

See also: The Zionist and Jewish subtexts of Shimon-Peter's sermon on Shavuot: The Holy Spirit poured out on all flesh?

Noahide covenant taught by the Apostle Paul in Romans 1,13,14-15

Judaism affirmed for Jews, and Gentile anti-Judaism refuted in Romans 9-12:

Jacob Have I loved and Esau have I hated:

Analysis of Torah sources for Paul's epistle to the Romans (work in progress)

Paul's epistle was originally an attempt to teach the "Hasidei meUmot Olam", the "pious of the nations of the world", to reject Caesar as "son of God" and elect the "King of the Jews" to that role instead. Nowhere in Paul's writings are found the christian doctrines of trinity, abrogation of law and Sinai covenant, supercession and replacement of the Jewish people by the church. These opinions must have already been circulating in his own day and age, because he specifically refutes them.