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That such should be stoned - It is not strictly true that Moses ordered adultery in general to be punished by stoning. The law simply says that the adulterer and the adulteress shall be put to death. Leviticus 20:10; Deuteronomy 22:22. The rabbins say they were strangled. This they affirm was the ordinary mode of punishment, where the species of death was not marked in the law, If the person guilty of an act of this kind had been betrothed, but not married, she was to be stoned: Deuteronomy 22:23. But if she was the daughter of a priest, she was to be burned alive: Leviticus 16:9. It appears, from Ezekiel 16:38, Ezekiel 16:40, that adulteresses in the time of that prophet were stoned, and pierced with a sword.

Selden and Fagius suppose that this woman's case was the same with that mentioned, Deuteronomy 22:23. If a damsel that is a virgin be betrothed unto a husband, and a man find her in the city, and lie with her; then ye shall stone them with stones that they die, the damsel because she cried not, and the man because he hath humbled his neighbors wife. As the Pharisees spoke of stoning the woman, it is possible this was her case; and some suppose that the apparent indulgence with which our Lord treated her insinuates that she had suffered some sort of violence, though not entirely innocent. Therefore he said, I do not condemn thee, i.e. to death, because violence had been used. Sin no more. Nevertheless thou art in certain respects guilty; thou mightest have made more resistance.

Moses in the law … - The punishment of adultery commanded by Moses was death, Leviticus 20:10; Deuteronomy 22:22. The particular manner of the death was not specified in the law. The Jews had themselves, in the time of Christ, determined that it should be by stoning. See this described in the notes at Matthew 21:35, Matthew 21:44. The punishment for adultery varied. In some cases it was strangling. In the time of Ezekiel Ezekiel 16:38-40 it was stoning and being thrust through with a sword. If the adulteress was the daughter of a priest, the punishment was being burned to death.

Again the priests and rulers proceeded to lay plans for arresting Jesus. It was urged that if He were longer left at liberty, He would draw the people away from the established leaders, and the only safe course was to silence Him without delay. In the full tide of their discussion, they were suddenly checked. Nicodemus questioned, “Doth our law judge any man, before it hear him, and know what he doeth?” Silence fell on the assembly. The words of Nicodemus came home to their consciences. They could not condemn a man unheard. But it was not for this reason alone that the haughty rulers remained silent, gazing at him who had dared to speak in favor of justice. They were startled and chagrined that one of their own number had been so far impressed by the character of Jesus as to speak a word in His defense. Recovering from their astonishment, they addressed Nicodemus with cutting sarcasm, “Art thou also of Galilee? Search and look: for out of Galilee ariseth no prophet.” DA 460.1

Yet the protest resulted in staying the proceedings of the council. The rulers were unable to carry out their purpose and condemn Jesus without a hearing. Defeated for the time, “every man went unto his own house. Jesus went unto the Mount of Olives.” DA 460.2

From the excitement and confusion of the city, from the eager crowds and the treacherous rabbis, Jesus turned away to the quiet of the olive groves, where He could be alone with God. But in the early morning He returned to the temple, and as the people gathered about Him, He sat down and taught them. DA 460.3

The Feast of Tabernacles had just ended. The priests and rabbis at Jerusalem had been defeated in their plottings against Jesus, and, as evening fell, “every man went unto his own house. Jesus went unto the Mount of Olives.” John 7:53; 8:1. MH 86.1

From the excitement and confusion of the city, from the eager crowds and the treacherous rabbis, Jesus turned away to the quiet of the olive groves, where He could be alone with God. But in the early morning He returned to the temple; and as the people gathered about Him, He sat down and taught them. MH 86.2