If he were not a malefactor - A violator of the law. If we had not determined that he was such, and was worthy of death, Matthew 26:66. From this it appears that they did not deliver him up to be tried, but hoped that Pilate would at once, give sentence that he should be executed according to their request. It is probable that in ordinary cases the Roman governor was not accustomed to make very strict inquiry into the justice of the sentence. The Jewish Sanhedrin tried causes and pronounced sentence, and the sentence was usually approved by the governor; but in this case Pilate, evidently contrary to their expectations, proceeded himself to rehear and retry the cause. He had doubtless heard of the miracles of Jesus. He seems to have been strongly pre-possessed with the belief of his innocence. He knew that they had delivered him from mere envy Matthew 27:18, and hence, he inquired of them the nature of the case, and the kind of charge which they expected to substantiate against him.

If he were not a malefactor - So they did not wish to make Pilate the judge, but the executor of the sentence which they had already illegally passed.

They answered and said unto him,.... Offended at the question put to them, and filled with indignation that they should be so interrogated, with an air of haughtiness and insolence reply to him:

if he were not a malefactor, we would not have delivered him up unto thee; insinuating, that he was guilty of some very wicked action; not merely of a breach of some of their laws peculiar to them; for then they would have tried and judged him according to them, and not have brought him before him; but they suggest, that he was guilty of some crimes recognizable by Caesar's court; and which they did not care to mention expressly, lest they should not succeed, not having it may be as yet, their witnesses ready; and hoped he would have took their own word for it, without any further proof, they being men of such rank and dignity, and of so much knowledge, learning, and religion; and therefore took it ill of him, that he should ask such persons as they were, so famous for their prudence, integrity, and sanctity, such a question: however, they own themselves to be the betrayers and deliverers up of our Lord, which Christ had before foretold, and which Stephen afterwards charged them with.

Malefactor (κακοποιὸς)

Rev., evil-doer. From κακὸν, evil, and ποιέω, to do. Luke uses a different word, κακοῦργος, from κακὸν, evil, and ἔργω, to work. See on 1 Peter 2:12.

They answered and said unto him, If he were not a malefactor, we would not have delivered him up unto thee.

18:28-40 For notes on the trial before Pilate, see Mt 27:1-25. Compare Mr 15:1-15 Lu 23:1-25. The first examination was at the house of Annas (Joh 18:13), where an officer had smitten Jesus (Joh 18:22). Then Annas sent him to Caiaphas (Joh 18:24). Still later he was tried before the Sanhedrin (Mt 27:1,2) and condemned. Then he was led from Caiaphas to Pilate's judgment hall (Joh 18:28).

The judgment hall. The praetorium, or official hall of the Roman governor.

Lest they should be defiled. These Jewish leaders, filled with the hate of Christ, and ready to secure his judicial murder by the foulest means, were yet so scrupulous that they would not enter the house of a Gentile lest they should be defiled (see De 16:4), so that they would not be able to eat the passover. The Pharisees held that contact with a Gentile, or to enter his house was a source of defilement. Hence, this deputation of the Sanhedrin waited without, and Pilate went out unto them to ascertain their business. Men can be very religious and yet great sinners.

30. If he were not a malefactor, we would not have delivered him up unto thee-They were conscious they had no case of which Pilate could take cognizance, and therefore insinuate that they had already found Him worthy of death by their own law; but not having the power, under the Roman government, to carry their sentence into execution, they had come merely for his sanction.

18:28-32 It was unjust to put one to death who had done so much good, therefore the Jews were willing to save themselves from reproach. Many fear the scandal of an ill thing, more than the sin of it. Christ had said he should be delivered to the Gentiles, and they should put him to death; hereby that saying was fulfilled. He had said that he should be crucified, lifted up. If the Jews had judged him by their law, he had been stoned; crucifying never was used among the Jews. It is determined concerning us, though not discovered to us, what death we shall die: this should free us from disquiet about that matter. Lord, what, when, and how, thou hast appointed.