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(Continued)
Craig Evans in his article Jewish Burial Traditions and the Resurrection of Jesus has this to say further:
Even Roman justice outside the Jewish setting sometimes permitted the crucified to be taken down and buried. We find in the summary of Roman law (a.k.a. Digesta) the following concessions:
http://www.theomegadays.net/Images/Topic images/burial.jpg
Byron McCane in his article Where No One Had Yet Been Laid: The Shame of Jesus’ Burial adds:
On balance, then, the Romans involved with the death of Jesus naturally would have expected that the body would remain on the cross, unless Pilate ordered otherwise. It was something of a commonplace in the Empire that victims of crucifixion would become food for carrion-birds, unless the clemency of a governor intervened. Certainly Rome had its reasons for leaving its victims on public display. This fact can help to explain an interesting detail in Mark’s account of the burial of Jesus: Mark 15:43 says that Joseph of Arimathea “dared” (τολμήσας) to approach Pilate and request the body of Jesus. Why “dared?” Because such a request would indeed have been daring in light of the fact that victims often remained hanging on crosses as symbols of Roman will. (7: Brown, The Death of the Messiah, 1216-17.) On the other hand, a request by a Jewish leader for the body of Jesus would not have been out of place, either, since Roman prefects—including at least one that we know if in first-century Jerusalem—did allow the burial of crucifixion victims. In the case of Jesus, such an allowance was likely, since Jesus was not caught up in a mass crucifixion, and his death did not come at a time of revolt against Rome. The Jewish leaders of Jesus’ day generally cooperated with Pilate in preserving public order in Jerusalem, and the occasion of Jesus’ death was a Jewish religious holiday. It may have taken a little nerve, then, but someone like Joseph of Arimathea could have reasonably expected that Pilate would grant his request for the body of Jesus.
Taking another break.
Craig Evans in his article Jewish Burial Traditions and the Resurrection of Jesus has this to say further:
Even Roman justice outside the Jewish setting sometimes permitted the crucified to be taken down and buried. We find in the summary of Roman law (a.k.a. Digesta) the following concessions:
The bodies of those who are condemned to death should not be refused their relatives; and the Divine Augustus, in the Tenth Book of his Life, said that this rule had been observed. At present, the bodies of those who have been punished are only buried when this has been requested and permission granted; and sometimes it is not permitted, especially where persons have been convicted of high treason. (48.24.1)
The bodies of persons who have been punished should be given to whoever requests them for the purpose of burial. (48.24.3)
The Digesta refers to requests to take down bodies of the crucified. Josephus himself makes this request of Titus (Life 75 §420–421). Of course, Roman crucifixion often did not permit burial, request or no request. Non-burial was part of the horror—and the deterrent—of crucifixion. But crucifixion—during peacetime—just outside the walls of Jerusalem was another matter. Burial would have been expected, even demanded. The evidence thus far reviewed strongly encourages us to think that in all probability Jesus was indeed buried and that his corpse and those of the two men crucified with him would not have been left hanging overnight and perhaps indefinitely, or at most cast into a ditch or shallow grave, exposed to animals. Quite apart from any concerns with the deceased men or their families, the major concern would have had to do with the defilement of the land and the holy city. Politically, too, it seems unlikely that on the eve of Passover, a holiday that celebrates Israel’s liberation from foreign domination, Pilate would have wanted to provoke the Jewish population. Moreover, it is equally improbable that the ruling priests, who had called for Jesus’ death, would have wanted to appear completely indifferent to Jewish sensitivities, either with respect to the dead or with respect to corpse impurity and defilement of the land. It seems most probable that the priests would have raised no objections to the burial of the three men. Indeed, they probably would have arranged to have them buried, before nightfall, in tombs reserved for executed criminals.
The bodies of persons who have been punished should be given to whoever requests them for the purpose of burial. (48.24.3)
The Digesta refers to requests to take down bodies of the crucified. Josephus himself makes this request of Titus (Life 75 §420–421). Of course, Roman crucifixion often did not permit burial, request or no request. Non-burial was part of the horror—and the deterrent—of crucifixion. But crucifixion—during peacetime—just outside the walls of Jerusalem was another matter. Burial would have been expected, even demanded. The evidence thus far reviewed strongly encourages us to think that in all probability Jesus was indeed buried and that his corpse and those of the two men crucified with him would not have been left hanging overnight and perhaps indefinitely, or at most cast into a ditch or shallow grave, exposed to animals. Quite apart from any concerns with the deceased men or their families, the major concern would have had to do with the defilement of the land and the holy city. Politically, too, it seems unlikely that on the eve of Passover, a holiday that celebrates Israel’s liberation from foreign domination, Pilate would have wanted to provoke the Jewish population. Moreover, it is equally improbable that the ruling priests, who had called for Jesus’ death, would have wanted to appear completely indifferent to Jewish sensitivities, either with respect to the dead or with respect to corpse impurity and defilement of the land. It seems most probable that the priests would have raised no objections to the burial of the three men. Indeed, they probably would have arranged to have them buried, before nightfall, in tombs reserved for executed criminals.
http://www.theomegadays.net/Images/Topic images/burial.jpg
Byron McCane in his article Where No One Had Yet Been Laid: The Shame of Jesus’ Burial adds:
On balance, then, the Romans involved with the death of Jesus naturally would have expected that the body would remain on the cross, unless Pilate ordered otherwise. It was something of a commonplace in the Empire that victims of crucifixion would become food for carrion-birds, unless the clemency of a governor intervened. Certainly Rome had its reasons for leaving its victims on public display. This fact can help to explain an interesting detail in Mark’s account of the burial of Jesus: Mark 15:43 says that Joseph of Arimathea “dared” (τολμήσας) to approach Pilate and request the body of Jesus. Why “dared?” Because such a request would indeed have been daring in light of the fact that victims often remained hanging on crosses as symbols of Roman will. (7: Brown, The Death of the Messiah, 1216-17.) On the other hand, a request by a Jewish leader for the body of Jesus would not have been out of place, either, since Roman prefects—including at least one that we know if in first-century Jerusalem—did allow the burial of crucifixion victims. In the case of Jesus, such an allowance was likely, since Jesus was not caught up in a mass crucifixion, and his death did not come at a time of revolt against Rome. The Jewish leaders of Jesus’ day generally cooperated with Pilate in preserving public order in Jerusalem, and the occasion of Jesus’ death was a Jewish religious holiday. It may have taken a little nerve, then, but someone like Joseph of Arimathea could have reasonably expected that Pilate would grant his request for the body of Jesus.
Taking another break.