The Historicity of the book of Acts (5)

Paul’s Commission: Acts 9:1-2

It has been claimed there is no historical basis for Paul’s commission from the High Priest to extradite from Damascus to Jerusalem any Jews who had become Christians,[1] and that neither the High Priest nor the Sanhedrin had any jurisdiction in Damascus.[2] [3] [4]

Evidence & Commentary

Peerbolte raises a parallel in the history of the Maccabees, in which a Roman consul ordered Jewish rebels in Egypt to be extradited to the High Priest for punishment according to Jewish law[5] (qualifying this with care[6]); noting support for the record,[7] he still urges caution.[8]

The Maccabean parallel is dismissed as historically inadequate by Légasse[9] and Marshall,[10] but Bruce defends it with reference to a decree by Julius Caesar re-affirming all the previously held rights of the High Priest.[11] Kistemaker and Hendriksen likewise believe the High Priest actually had extradition authority.[12]

Dunn disputes the idea of formal jurisdiction,[13]  but notes the informal influence of the high priest and Sanhedrin over provincial synagogues was far higher.[14]

Bond[15] and Williams[16] note similarly that the letters would have carried influence despite their lack of formal weight.

Wallace and Williams approach the legal-historical background with care.[17] Observing the letters were addressed to the synagogues not local officials, they argue the matter was internal Jewish business in which Roman officials would not become involved.[18] Noting the apparent absence of Roman forces in Damascus at the time, they suggest this would have reduced the probability of Roman interference. [19]

Klauck and Bailey also view the letters as simply letters of introduction rather than legal documents with which to exercise authority over local officials,[20] and note no difficulty with the record. Oepke,[21]  Bond,[22] and Gaertner[23]  take a similar view.

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[1] Acts 9: 1 Meanwhile Saul, still breathing out threats to murder the Lord’s disciples, went to the high priest 2 and requested letters from him to the synagogues in Damascus, so that if he found any who belonged to the Way, either men or women, he could bring them as prisoners to Jerusalem.

[2] ‘Neither the high priest nor the Jewish Sanhedrin in Jerusalem ever had such powers of jurisdiction. The persecution would have taken the regular process in the local synagogue:’, Köster, ‘Introduction to the New Testament’, volume 2, p. 107 (2006).

[3] ‘neither the high priest nor the Sanhedrin had judicial authority outside the eleven toparchies of Judaea proper. Their moral authority might be persuasive, but they could not empower Paul to make arrests, particularly on the territory of a Roman province.’, Murphy-O’Connor, ‘Paul: a critical life’, p. 66 (1998).

[4] ‘The jurisdiction of the High Priest and the Sanhedrin would in fact have been limited to the eleven toparchies of Judaea.’, Légasse, ‘Paul’s pre-Christian Career according to Acts’, in Bauckham (ed.), ‘The Book of Acts in its Palestinian Setting’, p. 389 (1995).

[5] ‘The Roman legal system was not built on the territorial principle of law, but on the personal.64 This meant that a Roman citizen fell under Roman law wherever he was. In consequence, it may have been that the High Priest in Jerusalem could extend his jurisdiction to Jews in Damascus.65 That this practice was indeed prevalent is often argued on the basis of a passage from 1 Maccabees: 1 Macc 15, 16-21. Here, the Roman Consul Lucius writes to the Egyptian king Ptolemy (probably VIII) on the subject of the Jews: ‘if any scoundrels have fled to you from their country, hand them over to the High Priest Simon, so that he may punish them according to their law’ Peerbolte, ‘Paul the Missionary’, p. 154 (2003).

[6] ‘However, although the assumption is that this custom was still in use in Paul’s day, it is unclear whether this was correct’, ibid., p. 154.

[7] ‘Many students of the book of Acts nevertheless consider 9, 1-2 as evidence that Paul was sent as a shaliach by the Sanhedrin’, ibid., p. 154.

[8] ‘Still, a more cautious approach is to be preferred: we simply cannot decide with certainty on the historicity of Paul’s commissioning by the High Priest. It is a possibility, but remains far from certain.’, ibid., p. 154.

[9] ‘But, even supposing this letter is authentic,85 it is not addressed, like the letter of which Acts speaks, to the ‘synagogues’ but to a local ruler by the Roman authority. The case is therefore wholly different, as are the period (the events mentioned are supposed to have occurred in 139 BC) and the political situation: whereas at the time of Paul Judaea was a Roman province administered by a Roman governor, Simon, the brother of Judas Maccabeus, was a sovereign, autochthonous vassal of the Seleucids of Antioch.’, Légasse, ‘Paul’s pre-Christian Career according to Acts’, in Bauckham (ed.), ‘The Book of Acts in its Palestinian Setting’, p. 389 (1995).

[10] ‘Haenchen (p. 320 n.2) argues rightly that previous scholars have drawn unwarranted deductions from such passages as 1 Maccabees 15:15–21, which deals with a different and much earlier situation;’, Marshall, (1980). Vol. 5: ‘Acts: An introduction and commentary’ Tyndale New Testament Commentaries, volume 5, p. 178 (1980).

[11] ‘Julius Caesar confirmed those rights and privileges anew to the Jewish nation (although Judaea was no longer a sovereign state), and more particularly to the high-priesthood.5 Luke’s narrative implies that the right of extradition continued to be enjoyed by the high priest under the provincial administration set up in A.D. 6. The followers of The Way whom Saul was authorized to bring back from Damascus were refugees from Jerusalem, not native Damascene disciples.’, Bruce, ‘The Book of the Acts’, New International Commentary on the New Testament, pp. 180-181 (1988); his source for the decree of Caesar is a passage by Josephus, ‘I also ordain, that he and his children retain whatsoever privileges belong to the office of high priest, or whatsoever favors have been hitherto granted them;’, Antiquities 14.195, in Whiston, ‘The Works of Josephus: Complete and unabridged’ (electronic ed. 1996).

[12] ‘The high priest served as head of the Sanhedrin, which as a legislative body had jurisdiction over the Jews living in Jerusalem, Palestine, and the dispersion. Thus the high priest had power to issue warrants to the synagogues in Damascus for the arrests of Christian Jews residing there (see 9:2; 22:5; 26:12).’, Kistemaker & Hendriksen, ‘Exposition of the Acts of the Apostles’, Baker New Testament Commentary, volume 17, p. 329 (1953-2001); as evidence they cite ‘Emil Schürer, The History of the Jewish People in the Age of Jesus Christ (175 B.C.–A.D. 135), rev. and ed. Geza Vermes and Fergus Millar, 3 vols. (Edinburgh: Clark, 1973–87), vol. 2, p. 218.’, p. 329.

[13] ‘the high priest had no formal jurisdiction over synagogues, least of all in other countries.’, Dunn, ‘Beginning from Jerusalem’, p. 337 (2009).

[14] ‘But he had at least two considerable constraints which he could bring to bear on archisynagōgoi and synagogue elders. One was that he was responsible for much of the content and timing of lived-out Judaism; he and his councillors were the ultimate authority in matters of dispute, and it is not at all unlikely that Jerusalem authorities occasionally wrote to disapora synagogues to encourage them to maintain the traditions and possibly to take sides in some dispute on timing of festivals and the like.86 The high priest might even have been willing to claim jurisdiction over a ‘greater Judea’ which included Damascus. In any case, the high priest was not a person whose envoy could be lightly disregarded or dismissed with his mission unfulfilled. The other is that the Temple in Jerusalem held an amazing range of financial deposits for Jews at home and abroad; it was Judaism’s ‘central bank’. It is quite conceivable, therefore, that any requests were backed, explicitly or implicitly, with threat of financial sanctions.’, ibid., p. 337.

[15] ‘Writing letters to Diaspora communities was one of the high priest’s duties (see above, p. 47). Such letters would have had no formal weight (the high priest had no legal jurisdiction in Damascus, situated as it was in the Roman province of Syria), but his position as high priest would have conferred authority on his requests.’, Bond, ‘Caiphas: friend of Rome and judge of Jesus?’, p. 81 (2004); she also suggests ‘Second, and more probably, the rather vague reference to “the high priest” in 9:1-2 and in the flashbacks of 22:5 and 26:12 may be simply another example of Luke’s attempt to give opposition to Christians official backing.’, p. 81.

[16] ‘The letters to the synagogues (v. 2) would be a help, for though the Sanhedrin had no legal authority outside Judea, its reputation did give it some moral authority over the Jews of the Diaspora (see Sherwin-White, p. 100). Paul would also have had to seek the cooperation of the local magistrates, but the name of the Jewish Sanhedrin may have carried sufficient weight even with them for him to be confident of their acquiescence, if not their active assistance.’, Williams, ‘Acts’, New International Biblical Commentary, pp. 167-168 (1990).

[17] ‘Unfortunately, we know very little about the internal affairs of Damascus  in Paul’s day. It is therefore difficult to know how to make sense of Paul’s commission from the High Priest to seize and carry to Jerusalem ‘any belonging to the Way’ (Acts 9, 2).’, Wallace & Williams, ‘The Three Worlds of Paul of Tarsus’, p. 163 (1998).

[18] ‘Since Acts says quite clearly that the letters Paul was carrying were to the synagogues at Damascus (9, 2) and not to the Gentile authorities, whatever he was doing must have been an entirely internal Jewish affair.‘, ibid., p. 163.

[19] ‘Since it is unlikely that the arrest and extradition to Judaea of dissenters was one of the privileges enjoyed by diaspora communities (for discussion see Wallace and Williams 1995:51-2), what Paul was engaged in must have been unauthorised; that is to say, kidnapping. So why was he not stopped? Such evidence as there is suggests that no Roman forces were stationed in Damascus (Millar 1993:37), so that unless an appeal was made to the governor, or serious disorder broke out, the Roman authorities would not have become involved. As for the city authorities, if the business was done discreetly without causing public disturbances they might well have taken the view that what went on in the Jewish community was none of their concern, especially if those involved were not citizens of Damascus, but incomers.‘, ibid., pp. 163-164.

[20] ‘As a persecutor of Christians Paul carried letters with him to gain admittance into the synagogues in Damascus as an otherwise unknown representative of the high priest and the Jewish elders (Acts 9:1-2; 22:5).’, Klauck & Bailey, ‘Ancient Letters and the New Testament: a guide to context and exegesis’, p. 76 (2006).

[21] ‘Oepke, ‘Probleme’, 403/426, who does not exclude a request from Paul to the High Priest, sees it, not as a mandate to arrest officially entrusted to Paul, but a letter like the sustati kai epoistolai to which 2 Cor. 3:1 refers.’, Légasse, ‘Paul’s pre-Christian Career according to Acts’, in Bauckham (ed.), ‘The Book of Acts in its Palestinian Setting’, p. 389 (1995).

[22] ‘The question is whether any evidence supports a situation in which the Sanhedrin had authority over synagogues so far from home.4 The point may be moot, however, in view of the fact that Luke does not say that the letters were papers of extradition. The letters may simply have been letters introducing Paul and his mission, as well as recommendations that such Jews be handed over to him. Such letters would carry no official authority to enforce the arrests.’, Gaertner, ‘Acts’, The College Press NIV Commentary (electronic ed. 1993).

[23] ‘It is possible that Caiphas supplied Saul with letters of recommendation to Diaspora synagogues (rather like those of 2 Cor 3:1), introducing him to their leaders, asking for help to root out troublemakers’, Bond, ‘Caiphas: friend of Rome and judge of Jesus?’, p. 81 (2004).