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Laws concerning Marriage and Divorce

Suppose a man enters into marriage with a woman, but she does not please him because he finds something objectionable about her, and so he writes her a certificate of divorce, puts it in her hand, and sends her out of his house; she then leaves his house ²and goes off to become another man’s wife. ³Then suppose the second man dislikes her, writes her a bill of divorce, puts it in her hand, and sends her out of his house (or the second man who married her dies); ⁴her first husband, who sent her away, is not permitted to take her again to be his wife after she has been defiled; for that would be abhorrent to the L ord, and you shall not bring guilt on the land that the L ord your God is giving you as a possession.

Miscellaneous Laws

⁵ When a man is newly married, he shall not go out with the army or be charged with any related duty. He shall be free at home one year, to be happy with the wife whom he has married.

⁶ No one shall take a mill or an upper millstone in pledge, for that would be taking a life in pledge.

⁷ If someone is caught kidnaping another Israelite, enslaving or selling the Israelite, then that kidnaper shall die. So you shall purge the evil from your midst.

⁸ Guard against an outbreak of a leprous skin disease by being very careful; you shall carefully observe whatever the levitical priests instruct you, just as I have commanded them. ⁹Remember what the L ord your God did to Miriam on your journey out of Egypt.

¹⁰ When you make your neighbor a loan of any kind, you shall not go into the house to take the pledge. ¹¹You shall wait outside, while the person to whom you are making the loan brings the pledge out to you. ¹²If the person is poor, you shall not sleep in the garment given you as the pledge. ¹³You shall give the pledge back by sunset, so that your neighbor may sleep in the cloak and bless you; and it will be to your credit before the L ord your God.

¹⁴ You shall not withhold the wages of poor and needy laborers, whether other Israelites or aliens who reside in your land in one of your towns. ¹⁵You shall pay them their wages daily before sunset, because they are poor and their livelihood depends on them; otherwise they might cry to the L ord against you, and you would incur guilt.

¹⁶ Parents shall not be put to death for their children, nor shall children be put to death for their parents; only for their own crimes may persons be put to death.

¹⁷ You shall not deprive a resident alien or an orphan of justice; you shall not take a widow’s garment in pledge. ¹⁸Remember that you were a slave in Egypt and the L ord your God redeemed you from there; therefore I command you to do this.

¹⁹ When you reap your harvest in your field and forget a sheaf in the field, you shall not go back to get it; it shall be left for the alien, the orphan, and the widow, so that the L ord your God may bless you in all your undertakings. ²⁰When you beat your olive trees, do not strip what is left; it shall be for the alien, the orphan, and the widow.

²¹ When you gather the grapes of your vineyard, do not glean what is left; it shall be for the alien, the orphan, and the widow. ²²Remember that you were a slave in the land of Egypt; therefore I am commanding you to do this.

New Revised Standard Version Bible, copyright 1989, Division of Christian Education of the National Council of the Churches of Christ in the United States of America. Used by permission. All rights reserved.

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.