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.
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Summary
Deuteronomy 24:3 continues the Mosaic legal framework concerning marriage and divorce, detailing the two primary ways a woman's second marriage might terminate: either through a formal bill of divorcement issued by her second husband or by his death. This verse is crucial as it establishes the preconditions for the significant prohibition in the subsequent verse, which disallows her remarriage to her first husband, thereby underscoring the gravity, finality, and lasting implications of divorce within the covenant community.
Context
Literary Context
Deuteronomy 24:3 is an integral component of a tightly knit legal pericope found in Deuteronomy 24:1-4. The preceding verses, Deuteronomy 24:1-2, introduce the initial scenario: a man divorces his wife due to "some uncleanness" and issues her a "bill of divorcement," after which she marries another man. Verse 3 then elaborates on the two possible ends of this second marriage—either by divorce or by the death of the second husband. This detailed setup is essential, as it directly leads to the pivotal prohibition in Deuteronomy 24:4, which declares it an "abomination before the LORD" for the first husband to remarry his former wife after she has been "defiled" by a subsequent marriage. The entire passage functions as a unified legal unit, emphasizing the sanctity of marital bonds and the profound, often irreversible, consequences of their dissolution.
Historical & Cultural Context
In ancient Israel, marriage was a foundational social and economic institution, though also divinely ordained as seen in Genesis 2:24. While God's ideal was lifelong fidelity, divorce was a recognized, though not encouraged, practice under Mosaic Law, primarily as a concession to human sinfulness and "hardness of heart," as later elucidated by Jesus in Matthew 19:8. The "bill of divorcement" (Hebrew: sepher keritut) was a critical legal instrument. Its issuance formally severed the marital bond, protecting the woman by preventing accusations of adultery and granting her the legal right to remarry. Without this document, a divorced woman would face severe social and economic precarity, potentially being considered an adulteress or a runaway wife. Thus, this law regulated an existing societal practice, aiming to bring order, provide a measure of legal protection for the woman, and establish clear boundaries around remarriage within the covenant community.
Key Themes
This verse, situated within its broader context, illuminates several significant themes central to the book of Deuteronomy and Israelite covenant theology. Firstly, it underscores the seriousness of covenantal relationships, particularly marriage, which was viewed as a foundational institution within the covenant community. Even when broken, the dissolution carried profound and lasting implications for all parties involved. Secondly, the passage highlights the legal and formal nature of divorce in ancient Israel, as evidenced by the mandatory "bill of divorcement," which served to protect the woman's legal status and right to remarry. Thirdly, and most critically when read in conjunction with Deuteronomy 24:4, it reveals a deep concern for purity and the sanctity of the marital bond. The subsequent marriage is framed as creating a "defilement" that irrevocably alters the relationship with the first husband, reflecting a broader Deuteronomic emphasis on holiness and the distinctiveness required of Israel as God's chosen people.
Exposition and Analysis
Key Word Analysis
The phrase "latter husband" (H314, H376) specifically distinguishes the second husband from the first, emphasizing the sequential nature of the marriages. The Hebrew word ʼachărôwn (H314) means "hinder, late, or last," indicating a subsequent position. ʼÎysh (H376) refers to "a man as an individual or a male person," often used as an adjunct to a more definite term, here specifying the male spouse. This distinction is crucial for understanding the legal prohibition that follows in Deuteronomy 24:4, as the law's focus is on the implications of the second marriage on the possibility of reunion with the first husband, highlighting the legal and social progression of the woman's marital status.
In this specific legal context, the Hebrew word sânêʼ (H8130) for "hate" does not primarily denote emotional animosity or malice. Rather, it signifies a legal or social disfavor, a strong disapproval, or a profound dissatisfaction on the part of the husband that leads to his decision to end the marriage. It points to a situation where the wife has become "displeasing" or unsatisfactory to him, providing the grounds (implied from Deuteronomy 24:1 as "some uncleanness") for him to initiate a legal divorce. This usage emphasizes the legal justification for the marital severance rather than a purely emotional state.
This phrase (H5612, H3748) literally translates to "scroll of cutting off" or "document of severance." The word çêpher (H5612) means "writing" or "book," while kᵉrîythûwth (H3748) derives from a root meaning "to cut," signifying a cutting off of the matrimonial bond. This term underscores the formal, written, and legally binding nature of the divorce. It was not a casual dismissal but a public and documented act that legally dissolved the marriage, granting the woman freedom to remarry and protecting her from accusations of adultery or abandonment. Its issuance was paramount for the woman's legal standing and future.
Verse Breakdown
"And [if] the latter husband hate her, and write her a bill of divorcement, and giveth [it] in her hand, and sendeth her out of his house;"
This clause describes the first of two scenarios for the termination of the second marriage. It mirrors the language and process outlined for the first divorce in Deuteronomy 24:1, emphasizing the formal, legal procedure. The husband must express his "hate" (legal disfavor), formally write a "bill of divorcement," physically deliver it into her "hand" (H3027, signifying possession and authority), and then send her "out of his house" (H1004, signifying expulsion from the marital dwelling). This sequence of actions legally and publicly frees the woman from her second marriage, just as she was freed from her first.
"or if the latter husband die, which took her [to be] his wife;"
This clause presents the second scenario for the termination of the second marriage: the death of the "latter husband." This is a natural, non-volitional end to the marital bond. The phrase "which took her [to be] his wife" (H3947, H802) refers to the act of marriage itself, validating the legitimacy of their union. Both scenarios—divorce by the second husband or his death—result in the woman being legally free from her second marriage, thereby setting the stage for the specific prohibition in the subsequent verse regarding her first husband.
Literary Devices
The passage primarily employs Casuistic Law, which is characterized by its "if... then..." structure, presenting specific cases and their corresponding legal consequences. While the KJV translation of verse 3 does not explicitly use "if," it functions as a continuation of the conditional scenario introduced in Deuteronomy 24:1, outlining potential outcomes of the second marriage. There is also a clear use of Parallelism in the way the two distinct scenarios for the end of the second marriage (divorce by the second husband or his death) are presented, both leading to the woman's legal freedom from that union. The text also utilizes precise Legal Language, such as "bill of divorcement" and the detailed actions of "giveth it in her hand, and sendeth her out of his house," which collectively underscore the formal, public, and binding nature of these marital and divorce proceedings within ancient Israelite society.
Theological and Thematic Connections
Deuteronomy 24:3, when understood within its immediate context, offers profound theological insights into God's perspective on marriage, covenant, and purity. While the Mosaic Law permits divorce as a concession to human sinfulness, it simultaneously imposes strict regulations that underscore the gravity of breaking a marital covenant. The subsequent prohibition in Deuteronomy 24:4 against the first husband remarrying his "defiled" wife reveals a deep theological principle: certain actions, once taken, create an irreversible spiritual or legal "defilement" that precludes a return to the original, undefiled state. This suggests that while God's grace is boundless, human choices have real, lasting consequences that can fundamentally alter relationships. The law aims to uphold the sanctity of marriage and to prevent a casual, revolving-door approach to marital bonds, thereby protecting the integrity of the family unit and the moral fabric of the covenant community, reflecting God's desire for order and holiness among His people.
Reflection and Application
Deuteronomy 24:3, though rooted in ancient legal specifics, compels us to reflect deeply on the enduring principles of marriage, commitment, and the profound consequences of our choices. It serves as a powerful reminder that marriage, even in a fallen world, is presented as a sacred covenant, not merely a casual contract. The detailed legal provisions, even those permitting divorce, were designed to bring order, seriousness, and a measure of protection to difficult situations, rather than to encourage the dissolution of vows. For believers today, this passage underscores God's high regard for the marital bond and the significant implications of its breaking. It calls us to uphold the sanctity of marriage, to diligently pursue reconciliation and faithfulness within our relationships, and to grasp that even when relationships end, there are spiritual and relational consequences that cannot always be undone. Our commitment to Christ should profoundly shape our understanding and practice of marriage, moving us toward the biblical ideal of lifelong fidelity and honoring God in all our relational covenants.
Questions for Reflection
FAQ
What does "hate her" mean in this context, and does it imply emotional malice?
In the legal context of Deuteronomy 24:3, the term "hate" (Hebrew: sânêʼ) does not primarily refer to emotional malice or animosity in the modern sense. Instead, it signifies a legal or social disfavor, a profound dissatisfaction, or a strong disapproval that leads to the husband's decision to divorce his wife. It indicates that the husband has found "some uncleanness" (Deuteronomy 24:1) in her, making her displeasing or unacceptable to him to the point of desiring to end the marriage. This "hate" serves as the legal justification for issuing the "bill of divorcement," formally severing the marital bond, and is distinct from a purely emotional state.
Why is the "bill of divorcement" so important in this passage?
The "bill of divorcement" (Hebrew: çêpher kᵉrîythûwth, "scroll of cutting off") is critically important because it represents the formal, legal, and public dissolution of the marriage. In ancient Israel, this written document served several crucial purposes. Firstly, it legally severed the marital bond, providing clear documentation that the woman was no longer bound to her husband. Secondly, and significantly, it protected the woman by allowing her to remarry without being accused of adultery. Without such a document, she would remain legally bound to her first husband, and any subsequent relationship would be considered illicit. Thus, the bill provided legal clarity, protected the woman's reputation, and enabled her to rebuild her life, even in the difficult circumstances of divorce. It underscored that divorce was a serious, legally binding act, not a casual dismissal.
Christ-Centered Fulfillment
While Deuteronomy 24:3 meticulously details specific legal provisions for divorce and remarriage in ancient Israel, its underlying principles find profound Christ-centered fulfillment. Jesus, in His teaching on divorce in Matthew 19:1-9 and Mark 10:1-12, points beyond the Mosaic concession to human "hardness of heart" back to God's original creation ideal of a lifelong, indissoluble union (Genesis 2:24). The "defilement" mentioned in Deuteronomy 24:4 for a woman who returns to her first husband after a second marriage, though specific to that legal context, broadly foreshadows the spiritual defilement of sin that separates humanity from God. Just as the law reveals the impossibility of returning to an undefiled state through human effort, so too does it highlight our desperate need for a divine intervention. Christ, as the ultimate Bridegroom (Ephesians 5:25-32), establishes a new covenant where the bond with His Church is unbreakable and eternally pure. He takes away the "defilement" of sin, not by issuing a bill of divorcement, but by offering His life as a spotless sacrifice, making us a new creation in Him (2 Corinthians 5:17). Through Him, we are eternally united to God, in a relationship that transcends any earthly covenant and is never subject to "divorcement" or "defilement," but is sealed by His everlasting grace and faithfulness (Romans 8:38-39).