Deuteronomy 24:2

This is that permission which the Pharisees erroneously referred to as a precept, Mat 19:7, Moses commanded to give a writing of divorcement. It was not so; our Saviour told them that he only suffered it because of the hardness of their hearts, lest, if they had not had liberty to divorce their wives, they should have ruled them with rigour, and it may be, have been the death of them. It is probable that divorces were in use before (they are taken for granted, Lev 21:14), and Moses thought it needful here to give some rules concerning them. 1. That a man might not divorce his wife unless he found some uncleanness in her, Deu 24:1. It was not sufficient to say that he did not like her, or that he liked another better, but he must show cause for his dislike; something that made her disagreeable and unpleasant to him, though it might not make her so to another. This uncleanness must mean something less than adultery; for, for that, she was to die; and less than the suspicion of it, for in that case he might give her the waters of jealousy; but it means either a light carriage, or a cross froward disposition, or some loathsome sore or disease; nay, some of the Jewish writers suppose that an offensive breath might be a just ground for divorce. Whatever is meant by it, doubtless it was something considerable; so that their modern doctors erred who allowed divorce for every cause, though ever so trivial, Mat 19:3. 2. That it must be done, not by word of mouth, for that might be spoken hastily, but by writing, and that put in due form, and solemnly declared, before witnesses, to be his own act and deed, which was a work of time, and left room for consideration, that it might not be done rashly. 3. That the husband must give it into the hand of his wife, and send her away, which some think obliged him to endow her and make provision for her, according to her quality and such as might help to marry her again; and good reason he should do this, since the cause of quarrel was not her fault, but her infelicity. 4. That being divorced it was lawful for her to marry another husband, Deu 24:2. The divorce had dissolved the bond of marriage as effectually as death could dissolve it; so that she was as free to marry again as if her first husband had been naturally dead. 5. That if her second husband died, or divorced her, then still she might marry a third, but her first husband should never take her again (Deu 24:3, Deu 24:4), which he might have done if she had not married another; for by that act of her own she had perfectly renounced him for ever, and, as to him was looked upon as defiled, though not as to another person. The Jewish writers say that this was to prevent a most vile and wicked practice which the Egyptians had of changing wives; or perhaps it was intended to prevent men's rashness in putting away their wives; for the wife that was divorced would be apt, in revenge, to marry another immediately, and perhaps the husband that divorced her, how much soever he though to better himself by another choice, would find the next worse, and something in her more disagreeable, so that he would wish for his first wife again. "No" (says this law) "you shall not have her, you should have kept her when you had her." Note, It is best to be content with such things as we have, since changes made by discontent often prove for the worse. The uneasiness we know is commonly better, though we are apt to think it worse, than that which we do not know. By the strictness of this law God illustrates the riches of his grace in his willingness to be reconciled to his people that had gone a whoring from him. Jer 3:1, Thou hast played the harlot with many lovers, yet return again to me. For his thoughts and ways are above ours.

Deuteronomy 24:1-4

1. When a man hath taken a wife, and married her, and it come to pass that she find no favor in his eyes, because he hath found some uncleanness in her; then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.

1. Si acceperit quis uxorem, et coierit cum ea, non autem invenerit gratiam in oculis ejus, eo quod invenerit in ea maculam aliquam, et seripserit ei libellum repudii, ac tradiderit in manum ejus, et emiserit e domo sua:

2. And when she is departed out of his house, she may go and be another man's wife

2. Illa vero egressa e domo ejus, abierit, et nupserit alteri viro:

3. And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife;

3. Vir deinde hic posterior oderit eam, et scripserit libellum divortii, tradideritque in manum ejus, et emiserit e domo sua, aut si vir iste posterior mortuus fuerit qui sumpserit eam sibi uxorem:

4. Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the Lord: and thou shalt not cause the land to sin, which the Lord thy God giveth thee. for an inheritance.

4. Non poterit maritus ejus prior, quia eam a se demisit, reverti, et ducere eam sibi uxorem, posteaquam polluta est: quia abominatio est coram facie Jehovae: et non inquinabis peccato terram quam Jehova Deus tuus tradet tibi in haereditatem.

Although what relates to divorce was granted in indulgence to the Jews, yet Christ pronounces that it was never in accordance with the Law, because it is directly repugnant to the first institution of God, from whence a perpetual and inviolable rule is to be sought. It is proverbially said that the laws of nature are indissoluble; and God has declared once for all, that the bond of union between husband and wife is closer than that of parent and child; wherefore, if a son cannot shake off the paternal yoke, no cause can permit the dissolution of the connection which a man has with his wife. Hence it appears how great was the perverseness of that nation, which could not be restrained from dissolving a most sacred and inviolable tie. Meanwhile the Jews improperly concluded from their impunity that that was lawful, which God did not punish because of the hardness of their hearts; whereas they ought rather to have considered, agreeably to the answer of Christ, that man is not at liberty to separate those whom God hath joined together. (Matthew 19:6.) Still, God chose to make a provision for women who were cruelly oppressed, and for whom it was better that they should at once be set free, than that they should groan beneath a cruel tyranny during their whole lives. Thus, in Malachi, divorce is preferred to polygamy, since it would be a more tolerable condition to be divorced than to bear with a harlot and a rival. (Malachi 2:14.) And undoubtedly the bill or scroll of divorce, whilst it cleared the woman from all disgrace, cast some reproach on the husband; for he who confesses that he puts away his wife, because she does not please him, brings himself under the accusation both of moroseness and inconstancy. For what gross levity and disgraceful inconstancy it shows, that a husband should be so offended with some imperfection or disease in his wife, as to east away from him half of himself! We see, then, that husbands were indirectly condemned by the writing of divorce, since they thus committed an injury against their wives who were chaste, and in other respects what they should be. On these grounds, God in Isaiah, in order that He might take away from the Jews all subject of complaint, bids them produce the bill of divorce, if He had given any to their mother, (Isaiah 1:1;) as much as to say, that His cause for rejecting them was just, because they had treacherously revolted to ungodliness.

Some interpreters do not read these three verses continuously, but suppose the sense to be complete at the end of the first, wherein the husband testifies that he divorces his wife for no offense, but because her beauty does not satisfy his lust. If, however, we give more close attention, we shall see that it is only one provision of the Law, viz., that when a man has divorced his wife, it is not lawful for him to marry her again if she have married another. The reason of the law is, that, by prostituting his wife, he would be, as far as in him lay, acting like a procurer. In this view, it is said that she was defiled, because he had contaminated her body, for the liberty which he gave her could not abolish the first institution of God, but rather, as Christ teaches, gave cause for adultery. (Matthew 5:31, and 19:9.) Thus, the Israelites were reminded that, although they divorced their wives with impunity, still this license was by no means excused before God.

And when she is departed out of his house,.... With her bill of divorce, by which departure out of his house it is notified to all:

she may go and be other man's wife; it was permitted her to marry another man, she being by her divorce freed from the law of her former husband; and who indeed, in express words contained in the divorce, gave her leave so to do; which ran thus,"thou art in thine own hand, and hast power over thyself to go and marry any other man whom thou pleasest; and let no man hinder thee in my name, from this day forward and for ever; and, lo, thou art free to any man;''See Gill on Matthew 5:31.

For although he could not causelessly put her away without sin, yet she being put away, and forsaken by her husband, might marry another without sin, as is determined in the same or a like case, .

Deu 24:1-5 contain two laws concerning the relation of a man to his wife. The first (Deu 24:1-4) has reference to divorce. In these verses, however, divorce is not established as a right; all that is done is, that in case of a divorce a reunion with the divorced wife is forbidden, if in the meantime she had married another man, even though the second husband had also put her away, or had died. The four verses form a period, in which Deu 24:1-3 are the clauses of the protasis, which describe the matter treated about; and Deu 24:4 contains the apodosis, with the law concerning the point in question. If a man married a wife, and he put her away with a letter of divorce, because she did not please him any longer, and the divorced woman married another man, and he either put her away in the same manner or died, the first husband could not take her as his wife again. The putting away (divorce) of a wife with a letter of divorce, which the husband gave to the wife whom he put away, is assumed as a custom founded upon tradition. This tradition left the question of divorce entirely at the will of the husband: "if the wife does not find favour in his eyes (i.e., does not please him), because he has found in her something shameful" (Deu 23:15). ערוה, nakedness, shame, disgrace (Isa 20:4; Sa1 20:30); in connection with דּבר, the shame of a thing, i.e., a shameful thing (lxx ἄσχημον πρᾶγμα; Vulg. aliquam faetiditatem). The meaning of this expression as a ground of divorce was disputed even among the Rabbins. Hillel's school interpret it in the widest and most lax manner possible, according to the explanation of the Pharisees in Mat 19:3, "for every cause." They no doubt followed the rendering of Onkelos, פתגם עבירת, the transgression of a thing; but this is contrary to the use of the word ערוה, to which the interpretation given by Shammai adhered more strictly. His explanation of דּבר ערות is "rem impudicam, libidinem, lasciviam, impudicitiam." Adultery, to which some of the Rabbins would restrict the expression, is certainly not to be thought of, because this was to be punished with death.
(Note: For the different views of the Rabbins upon this subject, see Mishnah tract. Gittin ix. 10; Buxtorf, de sponsal. et divort. pp. 88ff.; Selden, uxor ebr. l. iii. c. 18 and 20; and Lightfoot, horae ebr. et talm. ad Matth. v. 31f.)
כּריתת ספר, βιβλίον ἀποστασίου, a letter of divorce; כּריתת, hewing off, cutting off, sc., from the man, with whom the wife was to be one flesh (Gen 2:24). The custom of giving letters of divorce was probably adopted by the Israelites in Egypt, where the practice of writing had already found its way into all the relations of life.
(Note: The rabbinical rules on the grounds of divorce and the letter of divorce, according to Maimonides, have been collected by Surenhusius, ad Mishn. tr. Gittin, c. 1 (T. iii. pp. 322f. of the Mishnah of Sur.), where different specimens of letters of divorce are given; the latter also in Lightfoot, l.c.)
The law that the first husband could not take his divorced wife back again, if she had married another husband in the meantime, even supposing that the second husband was dead, would necessarily put a check upon frivolous divorces. Moses could not entirely abolish the traditional custom, if only "because of the hardness of the people's hearts" (Mat 19:8). The thought, therefore, of the impossibility of reunion with the first husband, after the wife had contracted a second marriage, would put some restraint upon a frivolous rupture of the marriage tie: it would have this effect, that whilst, on the one hand, the man would reflect when inducements to divorce his wife presented themselves, and would recall a rash act if it had been performed, before the wife he had put away had married another husband; on the other hand, the wife would yield more readily to the will of her husband, and seek to avoid furnishing him with an inducement for divorce. But this effect would be still more readily produced by the reason assigned by Moses, namely, that the divorced woman was defiled (הטּמּאה, Hothpael, as in Num 1:47) by her marriage with a second husband. The second marriage of a woman who had been divorced is designated by Moses a defilement of the woman, primarily no doubt with reference to the fact that the emissio seminis in sexual intercourse rendered unclean, though not merely in the sense of such a defilement as was removed in the evening by simple washing, but as a moral defilement, i.e., blemishing, desecration of the sexual communion with was sanctified by marriage, in the same sense in which adultery is called a defilement in Lev 18:20 and Num 5:13-14. Thus the second marriage of a divorced woman was placed implicite upon a par with adultery, and some approach made towards the teaching of Christ concerning marriage: "Whosoever shall marry her that is divorced, committeth adultery" (Mat 5:32). - But if the second marriage of a divorced woman was a moral defilement, of course the wife could not marry the first again even after the death of her second husband, not only because such a reunion would lower the dignity of the woman, and the woman would appear too much like property, which could be disposed of at one time and reclaimed at another (Schultz), but because the defilement of the wife would be thereby repeated, and even increased, as the moral defilement which the divorced wife acquired through the second marriage was not removed by a divorce from the second husband, nor yet by his death. Such defilement was an abomination before Jehovah, by which they would cause the land to sin, i.e., stain it with sin, as much as by the sins of incest and unnatural licentiousness (Lev 18:25).
Attached to this law, which is intended to prevent a frivolous severance of the marriage tie, there is another in Deu 24:5, which was of a more positive character, and adapted to fortify the marriage bond. The newly married man was not required to perform military service for a whole year; "and there shall not come (anything) upon him with regard to any matter." The meaning of this last clause is to be found in what follows: "Free shall he be for his house for a year," i.e., they shall put no public burdens upon him, that he may devote himself entirely to his newly established domestic relations, and be able to gladden his wife (compare Deu 20:7).