Texts by Pseudo-Josephus don’t prove
that Josephus was in any way aware of Jesus.
I do not argue with Josephan scholars who’ve
shredded the texts’ alleged authenticity to pieces,
but wish here to suggest that when Josephus mentions the prohibition
of hanging criminals posthumously, following their biblically authorized execution, this challenges doubt
on the authenticity of the so-called pseudo-Josephan texts regarding Jesus, and make me wonder whether, by applying to Jesus rules that allegedly applied to Deuteronomy’s rebellious son, Josephus aimed to flout
halakhic permissibility of the Pilate-authorized crucifixion.
In thetorah.com, Michael Avioz writes “The Law of the Disrespectful Son and Daughter.”
He asks whether Josephus identified Jesus as a rebellious son and discusses the law in Deut. 21:18-20:
Deut. 21:18: If a man has a wayward and defiant son, who does not heed his father or mother and does not obey them even after they discipline him, 21:19 his father and mother shall take hold of him and bring him out to the elders of his town at the public place of his community. 21:20 They shall say to the elders of his town, “This son of ours is disloyal and defiant; he does not heed us. He is a glutton and a drunkard.” 21:21 Thereupon the men of his town shall stone him to death. Thus you will sweep out evil from your midst: all Israel will hear and be afraid (NJPS).
Josephus adds this detail to his report of this law, emphasizing that the rebellious son should not be posthumously hanged, but should be buried:
After remaining during the whole day in the sight of all, let him be buried at night. 265 Thus let those who in any way whatever have been condemned by the laws be put to death. But let even the enemy be buried, and let not even one corpse lie without a share in the earth, paying a penalty beyond what is just.
Avioz suggests that the reason Josephus adds his stipulation to the Deuteronomic law, is that the law of the rebellious son is followed by this one in Deut. 21:22-23:
דברים כא:כב וְכִֽי יִהְיֶ֣ה בְאִ֗ישׁ חֵ֛טְא מִשְׁפַּט מָ֖וֶת וְהוּמָ֑ת וְתָלִ֥יתָ אֹת֖וֹ עַלעֵֽץ: כא:כג לֹא תָלִ֨ין נִבְלָת֜וֹ עַל הָעֵ֗ץ כִּֽי קָב֤וֹר תִּקְבְּרֶ֙נּוּ֙ בַּיּ֣וֹם הַה֔וּא כִּֽיקִלְלַ֥ת אֱלֹהִ֖ים תָּל֑וּי וְלֹ֤א תְטַמֵּא֙ אֶת אַדְמָ֣תְךָ֔ אֲשֶׁר֙ יְ–הֹוָ֣ה אֱ–לֹהֶ֔יךָ נֹתֵ֥ןלְךָ֖ נַחֲלָֽה: Deut 21:22
If a man is guilty of a capital offense and is put to death, and you impale him on a stake, 21:23 you must not let his corpse remain on the stake overnight, but must bury him the same day. For an impaled body is an affront to God: you shall not defile the land that Yhwh your God is giving you to possess.
Josephus links the law prohibiting the posthumous hanging of executed criminals to the hanging of any corpse, all the more so that of a rebellious son, stating that after all, even a convict should be buried immediately after his execution. Deuteronomy does not stipulate this detail in its account of the law of the rebellious son, only mentioning this after it has detailed the rest of the law. In my poem I suggest that the reason for Josephus linking the two laws is that he identifies Jesus as an example ofDeuteronomy’s rebellious son, not necessarily expressing his objection to the condemnation of Jesus, but objecting to the hanging of his body during the crucifixion.
Gershon Hepner is a poet who has written over 25,000 poems on subjects ranging from music to literature, politics to Torah. He grew up in England and moved to Los Angeles in 1976. Using his varied interests and experiences, he has authored dozens of papers in medical and academic journals, and authored “Legal Friction: Law, Narrative, and Identity Politics in Biblical Israel.” He can be reached at gershonhepner@gmail.com.
