12 If a woman herself divorces her husband, and marries another, she commits adultery."
*Minor differences ignored. Grouped by changes, with first version listed as example.
And if a woman shall put away her husband - It would seem, from this, that a woman, among the Jews, had the power of separating herself from her husband, yet this right is not given her by the law of Moses. There is not, however, any positive evidence that females often claimed or exercised this right. Cases had occurred, indeed, in which it had been done. The wife of Herod had rejected her former husband and married Herod. And though instances of this kind "might" have been attempted to be defended by the example of Pagans, yet our Saviour was desirous of showing them that it did not free them from the charge of adultery. The apostles were going forth to teach Pagan nations, and it was proper for Christ to teach them how to act in such cases, and to show them that they were cases of real adultery.
And if a woman shall put away her husband - From this it appears that in some cases, the wife assumed the very same right of divorcing her husband that the husband had of divorcing his wife; and yet this is not recorded any where in the Jewish laws, as far as I can find, that the women had such a right. Indeed, were the law which gives the permission all on one side, it would be unjust and oppressive; but where it is equally balanced, the right being the same on each side, it must serve as a mutual check, and prevent those evils it is intended to cure. Among the Jews there are several instances of the women having taken other men, even during the life of their own husbands. Nor do we find any law by which they were punished. Divorce never should be permitted but on this ground - "The parties are miserable together, and they are both perfectly willing to be separated." Then, if every thing else be proper, let them go different ways, that they may not ruin both themselves and their hapless offspring.
And if a woman shall put away her husband,.... Not that there was the same law, or the same sufferance by the law of Moses, for a woman to put away her husband, as for the husband to put away the wife; nor was it practised among the Jews, unless it came to be in use about this time, in their declining state, having taken it from the Gentiles; of whom they say (s), that
"they divorce one another: says R. Jochanan, , "his wife divorces him", and gives him the dowry.''
So Salome, the sister of Herod the Great, sent a bill of divorce to her husband Costobarus; and in this she was followed by Herodias, the daughter of Aristobulus, as Josephus (t) relates; and which his own wife also did. And by such examples the practice might prevail among the Jews: and we have a story told (u) us of a holy man, and a holy yeoman, who were married, and had no children, , "and they divorced one another"; and the one went and married a wicked woman, and she made him wicked; and the other went and married a wicked man, and she made him righteous but I do not find that this practice was approved, or established by any rule, or canon. They allow (w) indeed a woman to write her husband's divorce of her, with proper witnesses; and they also oblige one, that was espoused in her minority, and refuses her husband, when adult, to write a bill of refusal; the form of that, and the rules about it, take as follow (x):
"they do not allow one to marry a minor; he that marries a minor that is fatherless, and she is not pleased with her husband, lo! she may refuse, and go away, and she has no need of a divorce from him, because the espousals of a minor are not perfect espousals, as we have explained: and so a minor, whom her father marries, and she becomes a widow, or is divorced whilst she is a minor, lo! she is as one fatherless, in, her father's life time; and if she marries whilst she is a minor, she may refuse--how does she refuse? she says before two witnesses, I do not like such an one my husband; or I do not like the espousals with which my father, or my brother, espoused me; and such like words.--The two, before whom the minor refuses, write for her; on such a day, such an one, the daughter of such an one, refused, before us, such an one her husband; and they seal, and give it to her: and this is the body, or substance of a bill of refusal--in such a week, on such a day of the month, in such a year, such an one, the daughter of such an one, refused before us, and said, that my mother, or my brother, forced me, and married me, or espoused me, and I, a minor, to such an one, the son of such an one; and now I reveal my mind before you, that I do not like him, and I will not abide with him: and we have searched such an one; and this is manifest to us, that she is yet a minor, and we have written, and sealed, and have given this to her, for her justification, and a clear proof;''
"Such an one, the son of such an one, witness. Such an one, the son of such an one, witness.''
And such a writing was called, , "a bill of refusal", and sometimes , "letters of refusal" (y), but a bill of divorcement given by a married woman to her husband, I have not met with. Justin Martyr speaks (z) of a Christian woman that, "gave a bill of divorce" to her husband: such things, therefore, have been done, and might be done in Christ's time, to which he refers; and concerning which he says, that if a woman do so,
and be married to another, she committeth adultery; with the man she marries, and against, and to the injury of her former husband, unjustly left by her.
(s) Bereshit Rabba, sect. 18. fol. 15. 3. (t) Antiqu. l. 15. c. 11. & 18. 7. (u) Bercshit Rabba, sect. 17. fol. 14. 4. (w) Misn. Edict. c, 2. sect. 3. (x) Maimon. Hilch. Gerushim, c. 11. sect. 1, 8, 9, 11. (y) Misn. Bava Metzta, c. 1. sect. 8. (z) Apolog. 1. p 42. Yid. Euscb. Eccl. Hist. l. 4. c. 17.
If a woman shall put away her husband. This was allowed by the Greek and Roman law (1-Corinthians 7:13), but not by the Jewish. Christ applies his principles to either sex on the same footing.
*More commentary available at chapter level.