TRV
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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.
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Summary
Deuteronomy 24:2 describes a specific scenario within the Mosaic Law concerning divorce and remarriage: a woman, having been legally divorced by her first husband, subsequently enters into a new marital covenant with another man. This verse is not an endorsement of divorce but a descriptive clause within a larger legal framework (Deuteronomy 24:1-4) that regulates an existing societal practice, setting the stage for a crucial prohibition against her returning to her original husband, thereby underscoring the gravity and finality of marital bonds once new covenants are established.
Context
Literary Context
Deuteronomy 24:2 is an integral part of a four-verse legal unit found in Deuteronomy 24:1-4 that addresses the complex issue of divorce and remarriage in ancient Israel. Verse 1 establishes the premise: a man divorces his wife by giving her a "certificate of divorce" due to "some indecency." Verse 2 then describes the immediate consequence of this legal separation, stating that the divorced woman is free to remarry. Verses 3-4 introduce a critical prohibition: if her second husband divorces her or dies, she is forbidden from returning to her first husband. This sequence highlights the legal finality of the divorce and the new marriage, preventing a perceived "defilement" of the land and emphasizing the sanctity of marital covenants. The passage functions as a legal boundary, not an instruction to divorce, providing order and preventing chaotic marital exchanges.
Historical & Cultural Context
Divorce was a common practice in the ancient Near East, typically initiated by the husband. The Mosaic Law, while not instituting divorce, sought to regulate it, particularly to protect the more vulnerable party—the woman. The "bill of divorcement" mentioned in Deuteronomy 24:1 was a crucial legal document. It formally dissolved the marriage, preventing accusations of adultery if the woman remarried and ensuring her legal freedom and social standing. Without such a document, a divorced woman could be left without legal recourse, property, or the ability to remarry, potentially leading to destitution. This law, therefore, provided a measure of protection and social stability for divorced women in a patriarchal society, allowing them to establish a new life and secure their future through remarriage.
Key Themes
This verse, within its broader context, contributes to several significant themes. Firstly, it underscores the theme of Regulation, Not Institution. God's law does not command or encourage divorce but rather sets parameters for an existing practice, acknowledging human sinfulness and "hardness of heart," as later explained by Jesus in Matthew 19:8. Secondly, it highlights Protection for the Vulnerable. By allowing a divorced woman to remarry, the law provided a pathway for social and economic stability, preventing her from becoming an outcast. Thirdly, the passage implicitly reinforces the Sanctity and Gravity of Marital Covenants. The subsequent prohibition in Deuteronomy 24:4 against returning to the first husband after a second marriage underscores that marriage is a profound, covenantal bond, and its dissolution and subsequent formation of a new covenant carry significant, irreversible implications in the eyes of God's law. This contributes to the broader Deuteronomic theme of covenant faithfulness and the consequences of its breach, both for individuals and the community.
Exposition and Analysis
Key Word Analysis
This primitive root means "to go out," "to come forth," or "to leave." In this context, it signifies a formal and legal departure from the first husband's house and, by extension, from the marital covenant. It implies a completed action, where the woman is no longer under the authority or protection of her first husband and is legally free. This departure is facilitated by the "bill of divorcement" mentioned in the preceding verse, making it a legitimate and recognized separation.
This noun refers to a physical dwelling, but more broadly, it encompasses the concept of a household, family, or even a lineage. When the text states she "departed out of his house," it signifies not merely leaving a building but a complete severance from the first husband's family unit, authority, and provision. This emphasizes the comprehensive nature of the divorce, dissolving the entire domestic and familial connection.
Derived from a root meaning "hinder" or "behind," this adjective means "next," "other," or "different." Its use in "another man's" distinctly marks the new husband as separate and distinct from the first. It underscores the establishment of a completely new and independent marital relationship, which carries its own legal and covenantal weight, distinct from the prior union.
Verse Breakdown
"And when she is departed out of his house"
This clause refers to the legal and physical separation of the woman from her first husband, initiated by the "bill of divorcement" as described in Deuteronomy 24:1. The phrase "out of his house" emphasizes the complete dissolution of the marital household and the woman's removal from the first husband's authority and provision. It signifies that the divorce process has been legally concluded, and she is no longer bound to him, thereby gaining legal freedom.
"she may go and be another man's [wife]"
This clause describes the subsequent action and legal status of the divorced woman. "She may go" indicates her freedom to act independently following the divorce, highlighting her agency within the legal framework. The phrase "be another man's [wife]" explicitly states that she enters into a new, valid marriage with a second husband. This new union is a full marital covenant, legally recognized and binding. The bracketed "[wife]" in the KJV clarifies the implied meaning of "another man's," confirming that she becomes his legitimate spouse, not merely a concubine or partner. This new covenant is what creates the irreversible barrier for returning to the first husband, as detailed in the verses that follow.
Literary Devices
The passage in Deuteronomy 24:1-4, of which verse 2 is a part, functions as a Legal Statute or Case Law, typical of ancient Near Eastern legal codes. It presents a hypothetical scenario ("If a man... then...") and prescribes the legal consequences. The language is direct, prescriptive, and declarative, characteristic of legal texts, designed to leave no ambiguity regarding the legal standing of the parties involved. There is an element of Chiasm or Inclusio in the broader passage (Deuteronomy 24:1-4) as it begins with the man divorcing his wife and ends with the prohibition of her returning to him, framed by the concept of "defilement." This specific verse (24:2) serves as a crucial descriptive link within this legal chain, detailing the intermediate step—the new marriage—that triggers the final prohibition. The phrase "be another man's [wife]" is a legal Euphemism for the full establishment of a new marital and sexual relationship, conveying the legal and social reality of a new, complete marital bond without explicitly detailing the intimate aspects.
Theological and Thematic Connections
Deuteronomy 24:2, while seemingly a straightforward legal description, is deeply intertwined with profound theological themes concerning God's ideal for marriage, the reality of human sin, and divine wisdom in a fallen world. God's original design for marriage, as established in Genesis 2:24, is a lifelong, exclusive, and indissoluble union, where "the two become one flesh." This Mosaic law does not negate that ideal but rather provides a framework for managing the consequences of human failure to uphold it. It acknowledges the "hardness of heart" that leads to divorce, yet it still seeks to bring order, justice, and protection within a broken reality. The subsequent prohibition against returning to the first husband (Deuteronomy 24:4) underscores the gravity of covenant-making and breaking, implying that certain actions create irreversible spiritual and legal realities. This passage teaches us about God's concern for social order, the dignity of individuals, and the sanctity of covenants, even when they are tragically broken. It reflects God's compassionate engagement with human frailty while upholding the seriousness of marital bonds.
Reflection and Application
Deuteronomy 24:2, read in its full context, offers a sobering yet compassionate glimpse into God's engagement with human brokenness. It reminds us that while God's ideal for marriage is permanence and fidelity, He also provides legal and social structures to navigate the painful realities of divorce in a fallen world. This verse, by describing the freedom to remarry after a legitimate divorce, highlights God's concern for the social stability and well-being of individuals, particularly women, who might otherwise be left vulnerable. It challenges us to consider the profound implications of covenant-making and breaking, emphasizing that actions have consequences that shape future relationships and standing before God. For believers today, this passage serves as a call to uphold the sanctity of marriage, to seek reconciliation where possible, and to extend grace and support to those impacted by marital dissolution, all while recognizing the serious nature of new commitments. It encourages us to pursue God's ideal for marriage while ministering redemptively in a world where that ideal is often tragically unmet.
Questions for Reflection
FAQ
Does Deuteronomy 24:2 permit divorce in the same way God originally intended marriage?
No, Deuteronomy 24:2 does not institute or promote divorce as God's ideal. Instead, it describes a reality that already existed in ancient Israel: divorce was a practiced custom. The Mosaic Law, in this passage, seeks to regulate this practice by requiring a "bill of divorcement" (Deuteronomy 24:1) to ensure a legal and orderly separation. This regulation provided a measure of protection for the woman, allowing her to legally remarry without being accused of adultery. Jesus later clarified in Matthew 19:8 that Moses permitted divorce "because of your hardness of heart," not because it was God's original design for marriage, which is a lifelong union (Genesis 2:24).
Why is it significant that she "may go and be another man's [wife]"?
This phrase is crucial because it establishes the legal and social reality of a new, legitimate marital covenant. The law acknowledges that once a woman has been properly divorced and then enters into a new marriage, that second union is considered valid and binding. This new marital status is what then creates the irreversible barrier for her returning to her first husband, as outlined in Deuteronomy 24:4. It underscores that marriage is a profound covenant, and the formation of a new one after a divorce carries significant, lasting implications in God's eyes and within the legal framework of Israel. It's not merely a casual relationship but a formal establishment of a new family unit, with all the attendant rights and responsibilities.
Christ-Centered Fulfillment
Deuteronomy 24:2, describing the legal freedom of a divorced woman to remarry, finds its Christ-centered fulfillment not in a direct command for divorce, but in Jesus' re-establishment of God's original, higher standard for marriage and His radical grace for those living in a fallen world. While the Mosaic Law regulated divorce due to "hardness of heart" (Matthew 19:8), Jesus pointed back to the creation ideal of one-flesh union (Mark 10:6-9), revealing God's perfect will. Yet, Christ's ministry also exemplifies compassion for the broken and those caught in complex marital situations, such as the Samaritan woman at the well (John 4:17-18). Ultimately, the entire Old Testament law, including its provisions for marriage and divorce, points to the need for a perfect covenant-keeper. Jesus, as the bridegroom of the church (Ephesians 5:25-27), establishes a new covenant of grace where forgiveness and new beginnings are possible, even for those whose earthly covenants have been broken. His sacrifice on the cross redeems human brokenness, offering restoration and a pathway to holiness that transcends legalistic adherence, fulfilling the spirit of the law by addressing the root of sin that leads to marital breakdown and offering ultimate reconciliation in Himself (2 Corinthians 5:17-19).