TRV
Study This Verse
Public-domain commentary
Matthew Henry
From his Commentary on the Whole Bible. Henry comments on passages, not single verses — this entry covers Deuteronomy 24:1–4.
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.
Historical interpretation
Historical Reception
One surviving comment on this verse from the historical church.
The Lord explains the intention of the law, which required a bill of divorce in every case where a wife was put away. The precept not to put away a wife is the opposite of saying that a man may put away his wife if he pleases, which is not what the law says. On the contrary, to prevent the wife from being put away, the law required this intermediate step, that the eagerness for separation might be checked by the writing of this bill and the man might have time to think of the evil of putting away his wife.
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Summary
Deuteronomy 24:1 introduces a pivotal legal provision within the Mosaic Law, establishing a regulatory framework for divorce in ancient Israel. This statute, rather than instituting or encouraging divorce, acknowledges its societal reality and mandates a formal process: the issuance of a written "bill of divorcement" by a husband who dismisses his wife due to finding "some uncleanness" in her. This regulation served primarily to safeguard the woman's legal standing and reputation, enabling her to remarry and preventing her from becoming an outcast or being falsely accused of adultery. It reflects God's compassionate engagement with human sinfulness, providing a measure of justice and protection for the vulnerable within a patriarchal society.
Context
Literary Context
Deuteronomy 24:1-4 constitutes a distinct legal unit within the broader Deuteronomic covenant code, presented as Moses' final instructions to the Israelites before their entry into the Promised Land. This particular statute immediately follows laws concerning various social and ethical responsibilities, such as deferring a newly married man from military service (Deuteronomy 24:5) and prohibitions against taking essential items like a millstone as a pledge (Deuteronomy 24:6). The passage on divorce is framed not as a divine command to initiate divorce, but as a regulation of a practice already present and often abused in Israelite society. The subsequent verses (Deuteronomy 24:2-4) further elaborate on the consequences of this divorce, specifically prohibiting a man from remarrying his original wife if she has subsequently married another man and that second marriage has also ended. This prohibition underscores the gravity and finality of the divorce decree, emphasizing the sanctity of marriage and preventing a cycle of remarriage that could lead to moral confusion and social instability. The entire section reflects the Deuteronomic emphasis on justice, social order, and the protection of the vulnerable within the covenant community.
Historical & Cultural Context
In the ancient Near East, divorce was a common and often unilateral practice, particularly for men, who could typically dismiss their wives with a simple verbal declaration. Women in these patriarchal societies possessed limited legal rights and were heavily dependent on male protection for their social and economic well-being. A woman dismissed without formal documentation could be left destitute, unable to remarry, and vulnerable to accusations of adultery or prostitution, effectively rendering her an outcast. The Mosaic Law, while not abolishing divorce, introduced a revolutionary safeguard: the requirement of a "bill of divorcement." This written document, akin to a legal certificate, provided the woman with irrefutable proof of her divorced status. This legal recognition was crucial, as it protected her reputation, ensured her freedom from her former husband's authority, and legally enabled her to remarry without being considered an adulteress. This measure was a significant, progressive step for its time, mitigating the potential for arbitrary dismissal and abuse of power by husbands, and offering a degree of legal protection and dignity to the divorced woman.
Key Themes
This verse contributes significantly to several overarching themes prevalent in Deuteronomy and the Pentateuch. Firstly, it highlights God's holiness and justice, demonstrating His profound concern for the vulnerable and His desire to bring order and equity to potentially chaotic human situations, even those stemming from sin. Secondly, it illuminates the tension between divine ideal and human fallenness. While God's original design for marriage, as beautifully portrayed in Genesis 2:24, is a lifelong, indissoluble "one flesh" union, this law acknowledges the stark reality of human sin and "hardness of heart" (as Jesus later explains in Matthew 19:8). The law provides a framework to manage the consequences of this fallenness, rather than endorsing the sin itself. Thirdly, it speaks to the theme of covenant faithfulness and social responsibility, reminding Israel that their conduct, even in deeply personal matters like marriage, must reflect the ethical standards of a people set apart by God. The law's primary aim was not to promote divorce but to regulate it in a way that minimized harm, upheld a measure of justice, and preserved social order within the covenant community.
Exposition and Analysis
Key Word Analysis
This verb (H1166) means "to be master" or "to have dominion over," and by extension, "to marry" or "to be husband." Its use here underscores the patriarchal nature of ancient Israelite marriage, where the man was considered the head of the household and had authority over his wife. The act of "marrying her" (bâʻal) signifies the establishment of this formal, legal, and covenantal relationship, which the subsequent divorce then seeks to sever.
This noun (H6172) literally refers to "nudity," particularly the pudenda, but is used figuratively to mean "disgrace," "blemish," "shame," or "unclean(-ness)." In the context of Deuteronomy 24:1, the phrase "some uncleanness" (dâbâr ‘ervâh) has been the subject of extensive rabbinic debate. The School of Shammai interpreted it narrowly as a serious sexual impropriety (though not adultery, which carried the death penalty), while the School of Hillel adopted a much broader interpretation, allowing divorce for almost any perceived fault or displeasure on the part of the husband, even trivial matters. This inherent ambiguity allowed for significant interpretive flexibility and, unfortunately, potential abuse.
This noun (H3748) is derived from a root meaning "to cut off" or "to cut down." Thus, a "bill of divorcement" (çêpher kᵉrîythûwth) literally means a "scroll of cutting off" or "document of cutting." It signifies the formal, legal severance of the matrimonial bond. The requirement of this written document was revolutionary for its time, transforming a potentially arbitrary dismissal into a legally recognized and documented act. This document was crucial for the woman, as it provided undeniable proof of her legal freedom to remarry and protected her from accusations of adultery.
Verse Breakdown
"When a man hath taken a wife, and married her"
This introductory clause establishes the foundational premise: the existence of a legally recognized and formally established marital covenant. It highlights the societal norm where the man initiated the marriage, reflecting the patriarchal structure of ancient Israel, and sets the stage for the subsequent legal provisions concerning its dissolution.
"and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her"
This is the conditional clause that outlines the grounds for divorce. The husband's subjective displeasure ("find no favour in his eyes") is explicitly linked to his discovery of "some uncleanness" in his wife. As noted in the Key Word Analysis, the vagueness of "uncleanness" became the primary point of contention in later Jewish legal interpretation, allowing for a wide range of reasons for divorce, from serious moral impropriety to mere personal dissatisfaction or perceived flaw. This phrase underscores the male-centric prerogative in initiating divorce, yet it still requires a stated reason, however broadly interpreted.
"then let him write her a bill of divorcement, and give [it] in her hand, and send her out of his house"
This final clause prescribes the mandatory, legally binding procedure for the dissolution of the marriage. It outlines three sequential and essential actions: the husband must write the "bill of divorcement," formally documenting the separation; he must give it in her hand, signifying her legal receipt of the document and her freedom; and he must send her out of his house, marking the physical and legal expulsion from his authority and household. This formal process transformed a private act into a public, documented legal event, providing the woman with legal standing and the ability to remarry.
Literary Devices
Deuteronomy 24:1 primarily employs Casuistic Law, a common legal form in the ancient Near East and throughout the Deuteronomic code. This is evident in its conditional structure: "When (or if) X happens, then Y must follow." This format provides specific circumstances and their prescribed legal consequences, offering practical guidelines for the covenant community. The use of the term "uncleanness" (Hebrew, ‘ervâh) functions as a significant example of Ambiguity. While seemingly problematic for legal clarity, this vagueness allowed for a degree of flexibility in applying the law in diverse situations, though it also unfortunately led to significant interpretive challenges and potential abuses, as seen in later rabbinic debates. The "bill of divorcement" itself serves as a powerful Symbol of legal finality, protection, and the formal severance of a covenant. Its requirement transformed a potentially arbitrary dismissal into a public, documented legal event with crucial implications for the woman's future. The entire passage, when viewed against God's ideal for marriage, represents a divine Concession, regulating a practice that falls short of God's perfect will for human relationships, yet demonstrating His compassionate accommodation to human sinfulness while simultaneously seeking to mitigate its harmful effects.
Theological and Thematic Connections
Deuteronomy 24:1, while providing a legal framework for divorce, stands in profound tension with God's original, perfect design for marriage as a permanent, "one flesh" union established in Genesis 2:24. This law reflects God's compassionate engagement with a fallen world, providing a necessary framework to manage the consequences of human sin and "hardness of hearts" rather than endorsing the sin itself. It powerfully showcases God's unwavering concern for justice and the protection of the vulnerable, particularly women, in a patriarchal society where they possessed limited legal recourse. The requirement of a formal, written document served as a crucial safeguard, preventing arbitrary dismissal and ensuring the woman's legal standing and ability to remarry, thereby preventing her from becoming an outcast. This passage highlights the enduring tension between divine ideals and the practical realities of human brokenness, demonstrating God's wisdom in providing laws that, while not perfect, served to maintain order, uphold a measure of justice, and mitigate suffering within the covenant community.
Reflection and Application
Deuteronomy 24:1 offers profound and enduring insights for contemporary believers, challenging us to reflect deeply on the nature of marriage, the purpose of divine law, and the pervasive reality of human brokenness. While the specific legal provisions are undeniably rooted in an ancient cultural and historical context, the underlying theological principles remain timeless and universally applicable. This passage powerfully reminds us that God, in His infinite sovereignty, wisdom, and compassion, provides order and protection even when human actions fall tragically short of His perfect will. It underscores the profound sanctity of marriage as a covenantal relationship, even as it soberly acknowledges the tragic reality of its dissolution due to sin. For us today, this means striving with intentionality for marital fidelity and permanence, understanding that divorce, while sometimes a painful necessity in a fallen world, is ultimately a concession to human failure, not God's ideal. It also calls us, as followers of Christ, to extend grace, compassion, and justice to all those impacted by marital brokenness, reflecting God's own tender concern for the vulnerable. Ultimately, this verse compels us to seek God's wisdom and guidance in all our relationships, diligently upholding His righteous standards while ministering with profound compassion and understanding in a world still grappling with the consequences of sin.
Questions for Reflection
FAQ
Did Deuteronomy 24:1 command or encourage divorce?
No, Deuteronomy 24:1 did not command or encourage divorce. Instead, it served as a regulatory measure for an existing societal practice in ancient Israel. In a cultural context where men often had the power to dismiss their wives arbitrarily, this law imposed a crucial requirement: the issuance of a formal, written "bill of divorcement." This mandate was primarily a protective measure for the woman, providing her with legal proof of her divorced status. This documentation was vital, as it enabled her to remarry without being accused of adultery and prevented her from being left destitute or socially outcast. As Jesus later clarified in Matthew 19:8 and Mark 10:5, Moses permitted divorce "because of the hardness of your hearts," indicating that it was a concession to human sinfulness and the imperfections of a fallen world, not God's original, perfect ideal for the sacred institution of marriage.
Christ-Centered Fulfillment
Deuteronomy 24:1, while a legal provision accommodating human fallenness, finds its ultimate and profound Christ-centered fulfillment not in the endorsement of divorce, but in the radical revelation of God's steadfast covenant love and the redemptive, transformative work of Christ. The "hardness of heart" that necessitated this Deuteronomic concession points directly to the pervasive and deep-seated sinfulness of humanity—a spiritual condition that only the Gospel of Jesus Christ can truly address and heal. Jesus, in His authoritative teachings on divorce (e.g., Matthew 19:3-9 and Mark 10:2-12), re-establishes God's original, perfect design for marriage, as revealed in Genesis 2:24, as a permanent, "one flesh" union. He clarifies that the Mosaic allowance was due to human sin, not God's ideal will. Furthermore, Christ Himself perfectly embodies the faithful Bridegroom who never divorces His bride, the Church, but rather loves her, sanctifies her, and presents her to Himself in splendor (Ephesians 5:25-27). His ultimate, sacrificial death on the cross directly addresses the very "uncleanness" of humanity, offering complete forgiveness, radical cleansing, and profound reconciliation with God. Through His Spirit, Christ makes possible a new covenant where hearts are supernaturally transformed (Ezekiel 36:26-27), enabling believers to pursue the divine ideal of faithful, enduring love in their relationships. Thus, while Deuteronomy 24:1 regulated human brokenness, Christ's advent provides the divine means for true healing, spiritual restoration, and the ultimate fulfillment of God's perfect design for covenant relationships.