Divorce: Permitted by the Mosaic Law
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Divorce, as addressed in the Mosaic Law, is a topic that has been the subject of theological discussion and interpretation throughout the history of Judeo-Christian thought. The Mosaic Law, given to the Israelites through Moses, contains specific provisions regarding the dissolution of marriage, reflecting the social and religious context of ancient Israel.

Biblical Foundation

The primary biblical text concerning divorce under the Mosaic Law is found in Deuteronomy 24:1-4. The Berean Standard Bible renders this passage as follows:

"When a man takes a wife and marries her, and it happens that she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce, puts it in her hand, and sends her out of his house, and she leaves his house and goes and becomes another man's wife, and the latter husband turns against her, writes her a certificate of divorce, puts it in her hand, and sends her out of his house, or if the latter husband who took her to be his wife dies, then her former husband who sent her away is not allowed to take her again to be his wife after she has been defiled, for that is an abomination before the LORD. You must not bring sin upon the land the LORD your God is giving you as an inheritance."

This passage outlines the procedure for divorce, emphasizing the issuance of a "certificate of divorce" as a formal declaration of the dissolution of the marriage. The text also prohibits the remarriage of a woman to her first husband after she has been married to another, highlighting the seriousness with which marriage and divorce were regarded.

Interpretation and Context

The phrase "some indecency" has been the subject of much debate among scholars and religious leaders. In the context of ancient Israel, this term likely referred to a serious moral or legal failing, though interpretations have varied. The provision for divorce was seen as a concession to human weakness and the hardness of heart, as later expounded by Jesus in the New Testament (Matthew 19:8).

The issuance of a certificate of divorce served multiple purposes: it provided legal protection for the woman, allowing her to remarry without the stigma of adultery, and it established a formal process that prevented impulsive or unjustified separations. This legal framework was intended to maintain social order and protect the rights of individuals within the community.

Cultural and Religious Implications

In the patriarchal society of ancient Israel, marriage was not only a personal relationship but also a social contract with significant implications for family lineage, property rights, and community stability. The Mosaic Law's regulation of divorce reflects these broader concerns, aiming to balance individual rights with communal responsibilities.

The allowance for divorce under certain conditions underscores the recognition of human imperfection and the need for legal structures to address relational breakdowns. However, the restrictions placed on remarriage and the emphasis on the sanctity of marriage indicate a desire to uphold the integrity and permanence of the marital bond.

New Testament Perspective

While the Mosaic Law permitted divorce, the New Testament presents a more restrictive view, as seen in the teachings of Jesus and the Apostle Paul. Jesus refers to the Mosaic provision as a concession due to the hardness of human hearts but calls His followers to a higher standard of marital fidelity (Matthew 19:3-9). Paul, in his epistles, also addresses the issue, emphasizing reconciliation and the sanctity of marriage (1 Corinthians 7:10-16).

In summary, the Mosaic Law's provisions for divorce reflect a complex interplay of legal, social, and religious factors, acknowledging human frailty while striving to uphold the sanctity of marriage within the covenant community of Israel.
Torrey's Topical Textbook
Deuteronomy 24:1
When a man has taken a wife, and married her, and it come to pass that she find no favor in his eyes, because he has found some uncleanness in her: then let him write her a bill of divorce, and give it in her hand, and send her out of his house.
Torrey's Topical Textbook

Library

Whether it was Lawful to Divorce a Wife under the Mosaic Law?
... permitted second marriages, so Moses allowed the bill of divorce. But second marriages
are not sinful. Therefore neither was it sinful under the Mosaic law to ...
//christianbookshelf.org/aquinas/summa theologica/whether it was lawful to.htm

Moses, Allowing Divorce, and Christ Prohibiting It, Explained John ...
... was not the abolition of the Mosaic ordinance [4831] by any suddenly devised proposal
of divorce; because it ... by her (a union which the law permitted only on ...
/.../the five books against marcion/chapter xxxiv moses allowing divorce and.htm

Even if the Permission had Been Given by St. Paul in the Sense ...
... Psychics Allege, It Was Merely Like the Mosaic Permission of Divorce"A Condescension
to ... if the apostle had even absolutely permitted marriage when ...
/.../tertullian/on monogamy/chapter xiv even if the permission.htm

What did Moses Write?
... Jesus quotes the law of divorce from Deuteronomy 24:1,2 ... It is sometimes said that
these retaliations were simply permitted under the Mosaic law, but this ...
/.../gladden/who wrote the bible/chapter ii what did moses.htm

Against Jovinianus.
... tempted by the Pharisees, and asked whether according to the law of Moses it was
permitted to put ... art bound to a wife, give her not a bill of divorce. ...
/.../jerome/the principal works of st jerome/against jovinianus.htm

On the Interpretation of Scripture
... back some thousand years before the Mosaic chronology; recent ... attempt to force politics
and law into the ... any of following subjects:"1, Divorce; 2, Marriage ...
/.../on the interpretation of scripture.htm

Period iii. The Critical Period: AD 140 to AD 200
... in showing the relation of Greek philosophy to the Mosaic dispensation and to ... on
account of the hardness of your hearts, permitted a man to divorce his wife ...
/.../a source book for ancient church history/period iii the critical period .htm

Byzantine Empresses Theodora ii. , Theophano, Zoe, Theodora iii.
... that they might protect the rich mosaic pavement, in ... can we account for the resources
which permitted the lavish ... the throne, but that he must divorce his wife ...
/.../brittain/women of early christianity/xiii byzantine empresses theodora ii.htm

Chaldaean Civilization
... the contract, the religious ceremonies"Divorce: the rights ... inlaid with gold, or panels
of mosaic such as ... instance, no royal official was permitted to impose ...
/.../chapter iiichaldaean civilization.htm

The First Epistle of St. Peter
... of trials which beset Christians is permitted only to ... turns to describe Christians
in a mosaic of OT ... Justin Martyr) was obliged eventually to divorce her pagan ...
/.../moffat/the general epistles james peter and judas/the first epistle of st.htm

Resources
What does Malachi 2:16 mean when God says, “I hate divorce”? | GotQuestions.org

Is the divorce rate among Christians truly the same as among non-Christians? | GotQuestions.org

What does Deuteronomy 24 teach about divorce? | GotQuestions.org

Divorce: Dictionary and Thesaurus | Clyx.com

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Subtopics

Divorce

Divorce and Adultery

Divorce and Getting Remarried

Divorce and Separation

Divorce Forgiveness

Divorce in the New Testament

Divorce in the Old Testament

Divorce of Captives, Regulated by Law

Divorce of Servants, Regulated by Law

Divorce: Disobedience of the Wife to the Husband, a Sufficient Cause For, in the Persian Empire

Divorce: Figurative

Divorce: Forbidden by Christ Except for Adultery

Divorce: Forced on Those Who had Idolatrous Wives

Divorce: General Scriptures Concerning

Divorce: Illustrative of God's Casting off of the Jewish Church

Divorce: Jews Condemned for Love of

Divorce: Law of Marriage Against

Divorce: Not Allowed to Those Who Falsely Accused Their Wives

Divorce: Often Sought by the Jews

Divorce: Permitted by the Mosaic Law

Divorce: Permitted: On Account of Hardness of Heart

Divorce: Priests not to Marry Women After

Divorce: Prohibition of, offended the Jews

Divorce: Sought on Slight Grounds

Divorce: Women: Afflicted By

Divorce: Women: Could Marry After

Divorce: Women: Could Obtain

Divorce: Women: Married After, Could not Return to First Husband

Divorce: Women: Responsible for Vows After

Related Terms

Certificate (8 Occurrences)

Bill (9 Occurrences)

Wife (437 Occurrences)

Written (323 Occurrences)

Notice (44 Occurrences)

Allowed (64 Occurrences)

Adultery (49 Occurrences)

Law (670 Occurrences)

Taste (46 Occurrences)

Malachi (2 Occurrences)

Marriage (74 Occurrences)

Test (105 Occurrences)

Testing (46 Occurrences)

Divorced (10 Occurrences)

Command (442 Occurrences)

Asking (111 Occurrences)

Lawful (38 Occurrences)

Letter (112 Occurrences)

Question (153 Occurrences)

Divorcement (7 Occurrences)

Family (438 Occurrences)

Puts (197 Occurrences)

One's (59 Occurrences)

Messenger (235 Occurrences)

Talmud

Woman (4043 Occurrences)

Code (6 Occurrences)

Unseemly (9 Occurrences)

Wives (159 Occurrences)

Whether (239 Occurrences)

Whenever (123 Occurrences)

Turns (80 Occurrences)

Tiberius (1 Occurrence)

Repudiate (1 Occurrence)

Entrap (5 Occurrences)

Divisive (1 Occurrence)

Divorces (7 Occurrences)

Departs (16 Occurrences)

Displeasing (31 Occurrences)

Dislikes (3 Occurrences)

Marries (20 Occurrences)

Presently (25 Occurrences)

Permitted (31 Occurrences)

Proof (38 Occurrences)

Party (47 Occurrences)

Backsliding (19 Occurrences)

Beginning (187 Occurrences)

Bracelet (5 Occurrences)

Chooses (36 Occurrences)

Creditors (4 Occurrences)

Committeth (22 Occurrences)

Aedias

Asunder (37 Occurrences)

Seducer

Seduce (8 Occurrences)

Sends (94 Occurrences)

Seeking (182 Occurrences)

Separation (50 Occurrences)

Treacherous (34 Occurrences)

Happens (32 Occurrences)

Draw (212 Occurrences)

Latter (91 Occurrences)

Reason (438 Occurrences)

Iniquities (59 Occurrences)

Whereby (46 Occurrences)

Transgressions (64 Occurrences)

Hammurabi

New (1850 Occurrences)

Covers (50 Occurrences)

Played (50 Occurrences)

Treacherously (42 Occurrences)

Fornication (52 Occurrences)

Roll (57 Occurrences)

Nakedness (50 Occurrences)

Faithless (46 Occurrences)

Favour (171 Occurrences)

Dieth (192 Occurrences)

Prostitute (83 Occurrences)

Old (3966 Occurrences)

Divorce: Often Sought by the Jews
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