Expositor's Bible Commentary Commentary John 7:51

"Doth our law judge a man, except it first hear from himself and know what he doeth?" — John 7:51 (ASV)

Nicodemus reappears in the gospel at this point (cf. ch. 3). His tentative question, “Does our law condemn a man without first hearing him to find out what he is doing?” was not an open declaration of faith in Jesus. Rather, it was a protest raised on a legal technicality. Nicodemus may have felt that if he championed Jesus’ cause unequivocally, he would lose his case; but if he raised a legitimate legal objection, he might prevent drastic action.