Divorce In the Old Testament
1. Subordinate Position of Woman:
Woman, among the Hebrews, as among most nations of antiquity, occupied a subordinate position. Though the Hebrew wife and mother was treated with more consideration than her sister in other lands, even in other Semitic countries, her position nevertheless was one of inferiority and subjection. The marriage relation from the standpoint of Hebrew legislation was looked upon very largely as a business affair, a mere question of property. A wife, nevertheless, was, indeed, in most homes in Israel, the husband’s "most valued possession." And yet while this is true, the husband was unconditionally and unreservedly the head of the family in all domestic relations. His rights and prerogatives were manifest on every side. Nowhere is this more evident than in the matter of divorce. According to the laws of Moses a husband, under certain circumstances, might divorce his wife; on the other hand, if at all possible, it was certainly very difficult for a wife to put away her husband. Unfortunately a double standard of morality in matters pertaining to the sexes is, at least, as old as Moses (see
2. Law of Divorce: Deuteronomy 24:1-4:
3. Marriage a Legal Contract:
As already suggested, marriage among the Hebrews, as among most Orientals, was more a legal contract than the result of love or affection. It would be, however, a great mistake to assume that deep love was not often present, for at all times the domestic relations of the Hebrew married couple have compared most favorably with those of any other people, ancient or modern. In its last analysis it was, nevertheless, a business transaction. The husband or his family had, as a rule, to pay a certain dowry to the parents or guardians of the betrothed before the marriage was consummated. A wife thus acquired could easily be regarded as a piece of property, which, without great difficulty, could be disposed of in case the husband, for any reason, were disposed to rid himself of an uncongenial companion and willing to forfeit the mohar which he had paid for his wife. The advantage was always with the husband, and yet a wife was not utterly helpless, for she, too, though practically without legal rights, could make herself so intolerably burdensome and hateful in the home that almost any husband would gladly avail himself of his prerogatives and write her a bill of divorcement. Thus, though a wife could not divorce her husband, she could force him to divorce her.
4. Divorce Applicable Only to Wives:
The following words of Professor Israel Abrahams, Cambridge, England, before "the Divorce Commission" (London, November 21, 1910), are to the point: "In all such cases where the wife was concerned as the moving party she could only demand that her husband should divorce her. The divorce was always from first to last, in Jewish law, the husband’s act." The common term used in the Bible for divorce is shilluach ’ishshah, "the sending away of a wife" (
5. Process and Exceptions:
The Mosaic law apparently, on the side of the husband, made it as difficult as possible for him to secure a divorce. No man could unceremoniously and capriciously dismiss his wife without the semblance of a trial. In case one became dissatisfied with his wife,
(1) he had to write her a BILL OF DIVORCEMENT (which see) drawn up by some constituted legal authority and in due legal form. In the very nature of the case, such a tribunal would use moral suasion to induce an adjustment; and, failing in this, would see to it that the law in the case, whatever it might be, would be upheld.
(2) Such a bill or decree must be placed in the hand of the divorced wife.
(3) She must be forced to leave the premises of her former husband. Divorce was denied two classes of husbands:
(1) The man who had falsely accused his wife of antenuptial infidelity (
(2) a person who had seduced a virgin (
It is probable that a divorced wife who had not contracted a second marriage or had been guilty of adultery might be reunited to her husband. But in case she had married the second time she was forever barred from returning to her first husband, even if the second husband had divorced her or had died (
6. Grounds of Divorce (Doubtful Meaning of Deuteronomy 24:1):
The language in
From what has been said, it is clear that adultery was not the only valid reason for divorce. Besides, the word adultery had a peculiar significance in Jewish law, which recognized polygamy and concubinage as legitimate. Thus a Hebrew might have two or more wives or concubines, and might have intercourse with a slave or bondwoman, even if married, without being guilty of the crime of adultery (
Divorcement, Bill of:
On the ____ day of the week ____ in the month ____ in the year ____ from the beginning of the world, according to the common computation in the province of ____ I ____ the son of ____ by whatever name I may be known, of the town of ____ with entire consent of mind, and without any constraint, have divorced, dismissed and expelled thee ____ daughter of____by whatever name thou art called, of the town who hast been my wife hitherto; But now I have dismissed thee ____ the daughter of ____ by whatever name thou art called, of the town of ____ so as to be free at thy own disposal, to marry whomsoever thou pleasest, without hindrance from anyone, from this day for ever. Thou art therefore free for anyone (who would marry thee). Let this be thy bill of divorce from me, a writing of separation and expulsion, according to the law of Moses and Israel. ____ , the son of ____ , witness
The Hebrew prophets regarded Yahweh not only as the father and king of the chosen people, and thus entitled to perfect obedience and loyalty on their part, but they conceived of Him as a husband married to Israel. Isaiah, speaking to his nation, says: "For thy Maker is thy husband; Yahweh of hosts is his name" (54:5). Jeremiah too makes use of similar language in the following: "Return, O backsliding children, saith Yahweh; for I am a husband unto you" (3:14). It is perfectly natural that New Testament writers should have regarded Christ’s relation to His church under the same figure. Paul in 2Co says: "I am jealous over you with a godly jealousy: for I espoused you to one husband, that I might present you as a pure virgin to Christ" (11:2); see also
Amram, Jewish Law of Divorce according to the Bible and Talmud, London, 1897; Abrahams, Jewish Life in the, London, 1896; Mackie, Bible Manners and Customs, London, 1898; The Mishna, Translated into English, De Sola and Raphall, London, 1843; Benzinger, Hebraische Archdalogie, Freiburg, 1894; Nowack, Lehrbuch der hebraischen Archdologie, 1894.