33When they came to the place that is called The Skull, they crucified Jesus* there with the criminals, one on his right and one on his left. [[ 34Then Jesus said, ‘Father, forgive them; for they do not know what they are doing.’]]*
Luke changes Mark's lestai, which refers to oppressed peasants who have lost land, to the more general kakourgo, which means "malefactor" or "criminal." Some argue that, by switching terms from the politically-charged lestai to the broader, but less specific kakourgo, Luke "de-politicizes" Mark on this point. This seems unlikely since Luke doesn't shy away from political statements anywhere else in his gospel.
More likely, Luke is explicitly associating Jesus with criminals. Luke likes to present Jesus as on the same level as the people. In chapter 6, for example, Luke changes the venue for Jesus' "beatitude speech" from Matthew's lofty mountain to a "level place," which is where the common people live and work. Here, Jesus is presented as being on the same level as "criminals"--Isaiah 53: 12: "And he was numbered with the lawless" (which is referenced directly in 22:37). Not only is Jesus with the criminals, but Luke is reminding us also that Jesus himself is being treated as a criminal.
The "Father, forgive them" passage is not present in several of the earliest documents, though is included in Codex Sinaiticus, a number of other early documents, and referenced by some early church fathers. It should be included because of early attestation, and because it fits so well with one of Luke's over-all themes, i.e. forgiveness.
In AD 85, the time of Luke's writing, people who are hauled before "kings and governors," like Jesus was, are to respond as Jesus did. Stand your ground! Testify! (23:19) Forgive! (23:34) Luke's most telling example would be Stephen (Acts 7) who will make the same plea for forgiveness of enemies as Jesus did.
The "they" to which Jesus refers likely does not refer to Roman soldiers, since, to this point, no Roman soldiers have been mentioned. It likely refers to the Temple-based Judean leadership. In Acts 2, Luke refers to "Judean leaders, those who were crucifying and mocking him" (v. 36). Still later in Acts, Luke will say that the leadership acted in ignorance (3:17).
And they cast lots to divide his clothing. 35And the people stood by, watching; but the leaders scoffed at him, saying, ‘He saved others; let him save himself if he is the Messiah* of God, his chosen one!’ 36The soldiers also mocked him, coming up and offering him sour wine, 37and saying, ‘If you are the King of the Jews, save yourself!’ 38There was also an inscription over him,* ‘This is the King of the Jews.’
39 One of the criminals who were hanged there kept deriding* him and saying, ‘Are you not the Messiah?* Save yourself and us!’ 40But the other rebuked him, saying, ‘Do you not fear God, since you are under the same sentence of condemnation? 41And we indeed have been condemned justly, for we are getting what we deserve for our deeds, but this man has done nothing wrong.’ 42Then he said, ‘Jesus, remember me when you come into* your kingdom.’ 43He replied, ‘Truly I tell you, today you will be with me in Paradise.’
Luke follows Mark with "and they cast lots to divide his clothing," which is a reference to Psalm 22:18. The early Christians understood the death of Jesus in light of Psalm 22, which is the lament of a righteous person who is abused by the people even as he calls out to God. The scoffing and mockery of vss. 35-36 recalls Psalm 22: 6-7: "But I am a worm, and not human; scorned by others, and despised by the people. All who see me mock at me; they make mouths at me, they shake their heads."
There is one major difference, however, between Luke 23 and Psalm 22. In the Psalm, the sufferer is "despised by the people." That is not so in Luke. "The people stood by, watching," says Luke. They do not join in the mockery. Jesus retains his link with "the people." To underline the point, Mark says that "those who passed by derided him." Luke leaves that out. Luke always has Jesus maintain solidarity with the common people.
The mockers include, in this order: (Judean) leaders, (Roman) soldiers, and criminals. The titles for Jesus in this section are "Messiah of God, his chosen one," uttered by the Judean leaders, then "King of the Jews" (twice), uttered by Roman soldiers, then one of the criminals with simply "Messiah." The religious authorities and the criminal use a religious title which is framed around the soldiers' use of a political one.
All three urge Jesus to "save himself." Indeed, Jesus as been presented throughout Luke as the Messiah and a bringer of salvation (1: 69, 2: 11--"a Savior, the Messiah," 2: 30--"for mine eyes have seen your salvation"). The Judean leaders mock Jesus by saying that he can't even save himself, let alone anybody else. Jesus is acting consistent with his beliefs such as those expressed earlier in Luke (9:24): "Those who save their life will lose it, and those who lose their life...will save it."
The Roman soldiers mock Jesus with a political title which was actually Herod's. Herod was "King of the Jews." Crucifixion was precisely for those who had such presumptions. You aspire to change the political order? Take a look at your friend, Jesus. "This is the King of the Jews." See what happens to people who challenge the political leadership?
The other criminal--the "good" one--comes to Jesus' defense, saying that he and the other criminal are getting what they deserve--"and we truly justly"--but Jesus has done nothing atopon, i.e. unfitting, or out of place. The criminal vouches for Jesus' innocence, as indeed Pontius Pilate himself also had previously.
This criminal addresses Jesus by simply stating his name, "Jesus," without any other laudatory titles. (This an allusion--again--to Jesus as Savior. The word "Jesus" is really "Yeshua," or "Joshua," which means "he will save.") This criminal gets it right. All appearances to the contrary, Jesus really is "Messiah" and "King," truly does have power to save, and there really is a kingdom. It is interesting that it is this condemned criminal who gets what so many others, including Jesus' own disciples, did not.
Jesus does "save" someone in this story--the criminal. "Today, you will be with me in paradise." This should not be equated with heaven. The word paradeiso is Persian in origin and refers to a garden or park. By the time of Jesus, paradeiso was a special place in Sheol for the "righteous dead," and there is reference in Jewish writings of the period indicating that the Messiah shall open these gates of Paradise.


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