31 "It was also said, 'Whoever shall put away his wife, let him give her a writing of divorce,'
*Minor differences ignored. Grouped by changes, with first version listed as example.
Whosoever shall put away his wife. As a more suitable occasion for discussing and explaining this doctrine at greater length will afterwards occur, (Matthew 19:9,) I shall now state briefly what Christ says in this passage. As the Jews falsely imagined that they discharged their whole duty toward God, when they kept the law in a national manner, so whatever the national law did not forbid, they foolishly supposed to be lawful. Divorces, which husbands were wont to give to their wives, had not been prohibited by Moses as to external order, but only, for the sake of restraining lewdness, he had ordered that "a bill of divorcement" should be given to the wives who were put away, (Deuteronomy 24:1.) It was a sort of testimonial of freedom, so that the woman was afterwards free from the yoke and power of the husband; while the husband at the same time acknowledged, that he did not send her away on account of any crime, but because she did not please him. Hence proceeded the error, that there was nothing wrong in such putting away, provided that the forms of law were observed. [1] But they did wrong in viewing as a matter of civil law, the rule which had been given them for a devout and holy life. For national laws are sometimes accommodated to the manners of men but God, in prescribing a spiritual law, looked not at what men can do, but at what they ought to do. It contains a perfect and entire righteousness, though we want ability to fulfill it. Christ, therefore, admonishes us not to conclude, that what is allowed by the national law of Moses is, on that account, lawful in the sight of God. That man, (says he,) who puts away his wife, and gives her a bill of divorcement, shelters himself under the pretense of the law: but the bond of marriage is too sacred to be dissolved at the will, or rather at the licentious pleasure, of men. Though the husband and the wife are united by mutual consent, yet God binds them by an indissoluble tie, so that they are not afterwards at liberty to separate. An exception is added, except on account of fornication: for the woman, who has basely violated the marriage-vow, is justly cast off; because it was by her fault that the tie was broken, and the husband set at liberty.
1 - "Pourveu qu'on observast ce que la Loy commandoit en tel cas;"-- "provided that what the Law commanded in such a case were observed."
It hath been said - That is, by Moses, Deuteronomy 24:1-2. The husband was directed, if he put his wife away, to give her a bill of divorce, that is a certificate of the fact she had been his wife, and that he had dissolved the marriage. There was considerable difference of opinion among the Jews for what causes the husband was permitted to do this. One of their famous schools maintained that it might be done for any cause, however trivial. The other maintained that adultery only could justify it. The truth was, however, that the husband exercised this right at pleasure; that he was judge in the case, and dismissed his wife when and for what cause he chose. And this seems to be agreeable to the law in Deuteronomy. Our Saviour in Mark 10:1-12, says that this was permitted on account of the hardness of their hearts, but that in the beginning it was not so. God made a single pair, and ordained marriage for life. But Moses found the people so much hardened; so long accustomed to the practice, and so rebellious, that, as a matter of civil appointment, he thought it best not to attempt any change. Our Saviour brought marriage back to its original intention, and declared that whosoever put away his wife henceforward, except for one offence, should be guilty of adultery. This is now the law of God. This was the original institution. This is the only law that is productive of peace and good morals, and that secures the respect due to a wife, and the good of children. Nor has any man or set of men - any legislature or any court, civil or ecclesiastical - a right to interfere, and declare that divorces may be granted for any other cause. They, therefore, whoever they may be, who are divorced for any cause except the single one of adultery, if they marry again, are, according to the Scriptures, living in adultery. No earthly laws can trample down the laws of God, or make that right which he has solemnly pronounced wrong.
Whosoever shall put away his wife - The Jewish doctors gave great license in the matter of divorce. Among them, a man might divorce his wife if she displeased him even in the dressing of his victuals!
Rabbi Akiba said, "If any man saw a woman handsomer than his own wife, he might put his wife away; because it is said in the law, If she find not favor in his eyes." Deuteronomy 24:1.
Josephus, the celebrated Jewish historian, in his Life, tells us, with the utmost coolness and indifference, "About this time I put away my wife, who had borne me three children, not being pleased with her manners."
These two cases are sufficient to show to what a scandalous and criminal excess this matter was carried among the Jews. However, it was allowed by the school of Shammai, that no man was to put away his wife unless for adultery. The school of Hillel gave much greater license.
A writing of divorcement - The following is the common form of such a writing. See Maimonides and Lightfoot.
"On the day of the week A. in the month B. in the year C. from the beginning of the world, according to the common computation in the province of D., I, N. the son of N. by whatever name I am called, of the city E. with entire consent of mind, and without any compulsion, have divorced, dismissed, and expelled thee - thee, I say, M. the daughter of M. by whatever name thou art called, of the city E. who wast heretofore my wife: but now I have dismissed thee - thee, I say, M. the daughter of M. by whatever name thou art called, of the city E. so as to be free, and at thine own disposal, to marry whomsoever thou pleasest, without hinderance from any one, from this day for ever. Thou art therefore free for any man. Let this be thy bill of divorce from me, a writing of separation and expulsion, according to the law of Moses and Israel.
Reuben, son of Jacob, Witness.
Eliezar, son of Gilead, Witness."
God permitted this evil to prevent a greater; and, perhaps, to typify his repudiating the Jews, who were his first spouse.
It hath been said,.... It is not added here, as in the former instances, "by them of old time"; nor prefaced with these words, "ye have heard"; because the case of divorce was not any law of Moses, or of God by him; but only a permission, because of the hardness of the hearts of the Jews: and as to the controversy, about the causes of divorce, this was not debated by them of old time, but was a new thing, just started in the time of Christ; and was a controversy then agitating, between the schools of Hillell and Shammai: the one allowing it upon any frivolous cause; the other, only on account of adultery.
Whosoever shall put away his wife, dissolve the marriage bond, dismiss her from his bed, and send her from his house, see Deuteronomy 24:1 "let him give her a writing of divorcement", , "a bill of divorcement", or "a book of cutting off". For though a wife was obtained by several ways, there was but one way of dismissing her, as the Jews observe (f), and that was, by giving her a bill. The form of a writing of divorcement, as given by Maimonides (g), is as follows:
"On such a day of the week, in such a month, of such a year, either from the creation, or the epocha of contracts, according to the usual way of computation, which we observe in such a place; I such an one, the son of such an one, of such a place; or if I have any other name, or surname, or my parents, or my place, or the place of my parents; by my own will, without any force, I put away, dismiss, and divorce thee. Thee, I say, who art such an one, the daughter of such an one, of such a place; or if thou hast any other name, or surname, or thy parents, or thy place, or the place of thy parents; who wast my wife heretofore, but now I put thee away, dismiss and divorce thee; so that 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: and let this be unto thee, from me, a bill of divorce, an instrument of dismission, and a letter of forsaking, according to the law of Moses and Israel.''
"Such an one, the son of such an one, witness. Such an one, the son of such an one, witness.''
Would you choose to have one of these bills, filled up in proper form, take it in manner (h) following.
"On the fourth day of the week, on the eleventh day of the month Cisleu, in the year five thousand four hundred and fifty four, from the creation of the world; according to the computation which we follow here, in the city of Amsterdam, which is called Amstelredam; situated by the sea side, called Taya, and by the river Amstel; I Abraham, the son of Benjamin, surnamed Wolphius, the priest; and at this time dwelling in the city of Amsterdam, which is called Amstelredam, which is situated by the sea side, called Taya, and by the river Amstel; or if I have any other name, or surname, or my parents, or my place, or the place of my parents; by my own free will, without any compulsion, I put away, dismiss, and divorce thee, my wife Rebecca, the daughter of Jonas the Levite; who at this time abides in the city of Amsterdam, called Amstelredam, situated by the sea side, called Taya, and by the river Amstel; or if thou hast any other name, or surname, or thy parents, or thy place, or the place of thy parents, who wast heretofore my wife; but now I put thee away, dismiss, and divorce thee; so that thou art in thine own hands, 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. Let this be to thee, from me, a bill of divorce, an instrument of dismission, and a letter of forsaking, according to the law of Moses and Israel.''
"Sealtiel, the son of Paltiel, witness. Calonymus, the son of Gabriel, witness.''
This bill being written in twelve lines, neither more nor less, and being sealed by the husband, and signed by the witnesses, was delivered, either by him, or by a messenger, or deputy of his or hers, into her hand, lap, or bosom, in the presence of two persons; after which, she might, if she would, enrol it in the public records, and marry whom she pleased.
(f) Baal Hatturim in Deut. xxiv. 1. Maimon. Hilchot Ishot, c. 1. sect. 2, 3. (g) Hilchot Gerushin, c. 4. sect. 12. (h) In Surenhusii Misna, Vol. III. p. 324. Vid. Moses Kotsensis Mitzvot Tora pr. affirm. 50.
It hath been said--This shortened form was perhaps intentional, to mark a transition from the commandments of the Decalogue to a civil enactment on the subject of divorce, quoted from Deuteronomy 24:1. The law of divorce--according to its strictness or laxity--has so intimate a bearing upon purity in the married life, that nothing could be more natural than to pass from the seventh commandment to the loose views on that subject then current.
Whosoever shall put away his wife, let him give her a writing of divorcement--a legal check upon reckless and tyrannical separation. The one legitimate ground of divorce allowed by the enactment just quoted was "some uncleanness"--in other words, conjugal infidelity. But while one school of interpreters (that of Shammai) explained this quite correctly, as prohibiting divorce in every case save that of adultery, another school (that of HILLEL) stretched the expression so far as to include everything in the wife offensive or disagreeable to the husband--a view of the law too well fitted to minister to caprice and depraved inclination not to find extensive favor. And, indeed, to this day the Jews allow divorces on the most frivolous pretexts. It was to meet this that our Lord uttered what follows:
Whosoever shall put away his wife. The divorce laws were very lax among the Jews. A man could put away his wife "for any cause" (Matthew 19:8). Moses directed a legal letter of divorcement (Deuteronomy 24:1). Christ positively forbids divorce except for unchastity. Marriage is a divine institution, and the obligation is for life (Matthew 19:3-9; Romans 7:1-3; 1-Corinthians 7:10-17).
Let him give her a writing of divorce - Which the scribes and Pharisees allowed men to do on any trifling occasion. Deuteronomy 24:1; Matthew 19:7; Mark 10:2; Luke 16:18.
*More commentary available at chapter level.