But this they said tempting him, that they might have (whereof) to accuse him. They sought a ground of formal accusation against Jesus. This implies some court before which the charge they desired to formulate it might be brought. The precise accusation is difficult to determine, and sundry distinguished scholars, Lucke, De Wette, and Alford, declare the problem or question insoluble. Augustine has been followed by a great body of expositors, who have supposed that an affirmative reply would have been inconsistent with the gentleness and mildness of our Lord's treatment of sinners, while a negative reply would at once have given them a charge to bring before the Sanhedrin of such a relaxation of the Law as would endanger his position as a Rabbi, still more as the Prophet like unto Moses. Almost all critics agree as to the use to which Christ's enemies were ready to put a negative reply, and therefore they coincide with Augustine in this part of his explanation. But the interpretation put upon the affirmative reply would not furnish the ground of any accusation before any court. An apparent inconsistency would be no civil charge, and would have no weight before any legal tribunal. The condemnation of adulterers to death by stoning would have been Christ's allowance of the letter of the Law to stand. The Romans could take no umbrage at this until the act had been carried into execution. It may probably have been known that, let the Sanhedrin record what verdict and punishment they pleased, the Roman magistrates would not have carried it into capital execution. How, then, could the scribes and Pharisees have carried an accusation or information before a Roman tribunal? The solution was suggested by Baumgarten-Crusius and Luthardt, and adopted by Moulton, that Christ was asked to say "Aye" or "No" to an instant, tumultuous act of vengeance upon the adulteress. Let him say "No," they would accuse him of deliberately ignoring and repudiating the authority of the Law of Moses; let him say "Yes," they were ready to stone the woman there and then, and subsequently to throw the responsibility of such violation of Roman jurisdiction upon the Lord Jesus as its instigator. Meyer's objection, that no question at all had been put to Christ on this supposition, is not clear. It was this. Clearly apprehending that adultery is a capital offence, and that there was a case before them upon which no doubt could be thrown, they ask him, with the stones in their hands, "Shall we kill this damsel or not?" If he says "No," then they were prepared to denounce the Prophet for his dogmatic trifling with the Law; if "Yes," they are ready to do the deed, and fasten upon Jesus all the shame and guilt of the proceeding before the Roman governor. It was a very analogous problem to that concerning the tribute money recorded in Matthew 22:1-46. But Jesus stooped down, and with his finger was writing on the ground ( εἰς τὴν γὴν, into the earth). Some manuscripts, E, G, and about ninety cursives, add, μὴ προσποιούμενος, "not troubling himself with them"—"as though he beard them not" (Authorized version). £ This act is unparalleled in Scripture, even if the custom is still occasionally practised in the East. Mr. O'Neil, in his instructive volume, 'Palestine Explored,' records a curious instance of a youth, who, after playing some practical joke upon an old man, feigned utter ignorance of the surprise and cry of the old man by instantaneously assuming the position of one entirely abstracted from all sublunary thought, in fact, by sitting on the ground and scribbling with his finger in the dust, "as though he heard and saw nothing of what had happened." Such an intention can only be attributed to our Lord on the understanding that it was a current method of indicating an indisposition to have anything to say to the intruders. He was seated; he turned aside from the excited crowd, and by a significant symbol expressed his displeasure at their proceedings, and his perception of their craftiness. Conjecture has been busy, but vainly, with the inquiry as to what our Lord wrote on the ground, and some have urged (Godet) that he wrote the memorable sentence which follows, as a judge might write the verdict upon the case submitted to him. This is not probable, and it would detract from the symbolism of the act.
But when they continued asking him; he lifted up himself, £ and said unto them, He that is without sin, let him first cast a stone at her. And again he stooped down, and with his finger £ was writing on the ground. The imperfect tense of ἔγραφεν, twice repeated, seems more in harmony with the symbolic meaning of the act than with the record on his part of any special sentence of his supreme wisdom. Christ refused to act the part of the civil magistrate, or to countenance stormy outbreak of murderous passion against this flagrant sinner, to save himself from their bitter malice. He rose, when the appearance of indifference could not be maintained, and at once arrested the outbreak of their unscrupulous fury without presuming to repudiate the letter of the Law. He lifted the discussion from the judicial to the moral sphere. He does not mean that none but the sinless can condemn, or pronounce verdict upon the guilty; but he calls for special freedom from similar offence on the part of any man who should wish or dare to display his own purity by taking part in the execution. The narrative would not suggest that every one of these accusers had been in his time guilty of like offence, but ἀναμάρτητος must at least mean that he was free from the desires which might lead to the commission of such sin, and Christ calls for inward saintliness and freedom from all irregular propension. He calls for personal chastity as the only possible moral condition for precipitately executing this ancient and severe law. The question before the crowd (asked so craftily) was, not whether Moses' Law was to stand or not, but whether these particular men, with their foul hearts and spurious zeal, were or were not at that particular moment to encounter the displeasure of Roman power by dashing the stones at the head of this poor trembling creature of sin and shame; whether they were morally competent to condemn to immediate death, and carry the verdict into execution. Before this tremendous summons from the Holy One, conscience could sleep no longer. The hypocrisy of the entire manoeuvre stared them in the face.