In answer to the video "Muhammad did it. Therefore it is not sinful."
Once more, there is no compulsion in religion 2:256,18:29 so no punitive measure can be directed at an apostate neither can he be compelled to go back to Islam or forced to repent solely on the basis of his choice of creed. Per the Quran and as made clear in 4:88-90 quoted earlier, action is to be undertaken against an apostate when he engages in hostile behavior towards Muslims and the Muslim state. Fighting, punishing or killing an apostate has therefore nothing to do with a person's choice of creed but with his behavior towards the Muslims.
The capital punishment solely for renouncing one's religion isnt Quranic, it is a Biblical ruling outlined in Deut13 or Deut17:1-7 and stipulates that all those who are caught enticing others into, or commiting idolatry, are to be put to death, in such a forceful manner that all the inhabitants of the city are to be indiscriminately executed, their livestock and possessions burned and their dwellings razed to the ground. A demonstration of the law's application, on a large-scale and in a systematic way, directly commanded by God is when thousands of Israelites were executed by their own brethren for having reverted to idol worship during the exodus.
This incident is reported in both the Torah and Quran. Further the Biblical law of apostasy is general to all situations. When the Israelite prophets executed apostates and idolaters from among their own, it wasnt in war times where the apostate risked joining enemy ranks or spying on their or refusing to contribute economically as a full fledged member of a community with his rights and obligations. Later on in the course of their tumultuous history and as they were adapting the revealed law (of apostasy and other inconvenient and/or difficult laws) to their needs and whims, or their life circumstances, the passing of the death penalty required a much more stringent procedure. It was the case before, during and after the time of Jesus which is why it was rarely if ever applied then, whether by Jews or early followers of Jesus.
This by the way is one of the many points that undermine the crucifixion tale, as will be shown further below.
In Christianity a similar process of reinterpretation occurred as regards the capital punishment for apostasy. Up to the middle ages, whether it was church leaders, popes, thinkers and saints the likes of Thomas Aquinas, all justified and applied whenever they could, based on passages of both the HB/NT, the death penalty to apostates, as well as heretics and open sinners. It was not until Christianity and its church weakened through reforms and secularism that the capital punishment for religious transgressions was abandoned.
The Jews, in the times of Jesus didn't have any authority to try jesus for a death penalty, among other reasons, because of the procedures they had put into place so as to avoid the harsh mosaic punishments befalling their community for their frequent capital offenses:-the NT says that the high priest headed up the trial. The high priest never headed the Sanhedrin, that role fell to Nasi and the Av Bet Din, neither of whom are mentioned in the NT.
-To pass a death penalty a Jewish Sanhedrin had to meet in the Chamber of Hewn Stones in the Temple, but in 28CE which is prior to Jesus' supposed execution, the Chamber was destroyed so the Sanhedrin moved to another room on the Temple Mount, and then into the city itself (Talmud, Shabbat 15a, Rosh haShanah 31a).
Deut17:8-13"go up to the place that G-d your L-rd shall choose"means the chamber of carved/hewn stone. Just as the Tabernacle was the only place in which to bring animal offerings until the final place was identified as the Temple, so to was the place for the court identified as the chamber in the Temple. Also, the Romans had removed the right to pass the death penalty according to Josephus (Antiquities of the Jews 17:13). Around the year 6 CE, Herod Archelaus, was dethroned and banished to Vienna. He was replaced, not by a Jewish king, but by a Roman Procurator named Caponius. The legal power of the Sanhedrin was then immediately restricted. When Archelaus was banished the Sanhedrin lost the ability to try death penalty cases in favor of the Roman procurator (Josephus, Antiquities of the Jews 20:19). So right there we have two impediments to the Jews passing a death sentence.
-The Sanhedrin never met at night Matt26:57,Mk14:53 or in secret, on Shabbat or any holy day -- or even on the day BEFORE. Misnah (Sanhedrin IV:1) and Maimonides (Hilkot Sanhedrin XI:2).
- A death penalty case required two eye witnesses to the crime even when the Jews had the authority. When a death sentence was passed a minimum of 24 hours was given before it was carried out, giving time for witnesses to come forth on behalf of the condemned
-Jewish trials were never held in anyone's house, only in the Temple
So, in addition to the many legal proceedings which would have had to be broken for such trial to have taken place as is depicted in the Gospels, something that never happened in Jewish history, the Jews, living under Roman dominion, didn't have any authority to try Jesus for a death penalty. Why would they even make such effort, organizing this secret meeting just prior to the Passover festival, a time of religious preparations, breaking a long list of mosaic comandements along the way, yet knowing that their endeavor would be fruitless and their judgement would bear no legal weight? And not only in the eyes of the authorities but in light of Jewish law itself since the halakha requirements for a legal trial were not fulfilled? When the Pharisees take him to the authorities, Pilate tells them to
"Take him yourselves and judge him by your own law".
This is because, supposing Jesus did break some religious law, which he never did, this charge would carry no weight in Roman courts except if it threatened the state. To try creating a valid criminal case they begin accusing him of rebellion against the state and claiming kingship. These charges have no bearing on Jewish law, so that this historically exceptional Sanhedrin had to be hastily set up. This is because the messianic king supposed to usher the era of Jewish dominance over the entire world will do just that. Bar Kochba, a messianic claimant who came just a few years after Jesus was supported by those very Pharisees, hoping he would fulfill those very "crimes" they supposedly accused Jesus of committing.
That "pre-trial" was thus irrelevant on all counts. They could have just handed him to Pilate, on the charge of rebellion, this way saving time on passover eve, in preparation for their festival. They would have also avoided breaking a long list of requirements while setting up this hasty trial, making it invalid even by their own law.
The whole story is fiction, meant at demonizing the Jews so that the blame is not shouldered by the Roman executioners, when they reluctantly put Jesus to death. The gentile authorities, painted as borderline Christians, were this way appeased and could be targeted for missionary activity, as occured soon after. Consequently, we never see in history Christians blaming, oppressing and mass murdering Italians in retaliation for Jesus' death, but rather Jews, despite them being in fact the necessary tools in the cosmic scheme of salvation through God's suicide..
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