John Gill Commentary Luke 23:40

"But the other answered, and rebuking him said, Dost thou not even fear God, seeing thou art in the same condemnation?" — Luke 23:40 (ASV)

But the other answering, rebuked him
That is, the other malefactor made answer to him, and reproved him for his baseness and wickedness:

saying, do you not fear God ;
or "neither do you fear God", any more than these priests, people, and soldiers, that are acting such a barbarous and inhuman part to a man in misery: and will you do the same, and show that you are an impious wretch, now you are just going out of the world, and neither fears God, nor regards man, and are without compassion to a fellow sufferer, adding sin to sin,

seeing you are in the same condemnation?
undergoing the same sort of punishment, though not on the same account, which might be the reason why they suffered on the same day:

for the Jews say ^F1 , they never judge (or condemn) two in one day, but one today, and the other tomorrow; but if they are in one transgression, (txa htymw) , "and one death", as an adulterer with an adulteress, they condemn them both in one day; but if the adulterer lies with a priest's daughter, seeing he is to be strangled, and she to be burnt, they do not execute them both in one day.''

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FOOTNOTES:

• F1: Maimon. Hilch. Sanhedrin, c. 14. sect. 10.