Matthew 26:66

What think ye? Caiaphas now placed the decision to a vote of the members of the Sanhedrin present. He called for their verdict as judges sitting in the highest tribunal in the land.

Guilty of death. Death was the Mosaic penalty for blasphemy (Lev. 24:15, 16). But Jesus had not blasphemed, either in reality or according to the accepted rabbinical definition (see on Matt. 26:65). This was an illegal vote, for it was taken at night (see Additional Notes at end of chapter, Note 2). Even though voted, the verdict did not have standing in law unless and until it was ratified by the Romans (see DA 698; cf. Josephus War ii. 8. 1 [117, 118]).

According to Mark 14:64, “they all condemned him to be guilty of death.” That is, all who were present. Nicodemus, Joseph of Arimathaea, and others known to be favorable toward Jesus, or at least to be conscientious in their desire that justice be done Him, had not been summoned (see DA 699). Luke (ch. 23:51) specifically states that Joseph did not consent to the execution of Jesus. Nicodemus had, upon previous occasions, prevented the condemnation of Jesus (John 7:50, 51; cf. DA 539, 699). The leaders considered that men like Joseph and Nicodemus were biased in Christ’s favor. They chose to forget that they themselves were biased against Jesus.