Deuteronomy 24:1

. Of servants and their hire, Deu 24:14, Deu 24:15. Parents and children shall not be put to death for each other, Deu 24:16. Of humanity to the stranger, fatherless, widow, and bondman, Deu 24:17, Deu 24:18. Gleanings of the harvest, etc., to be left for the poor, stranger, widow, fatherless, etc., Deu 24:19-22. Verse 1 Some uncleanness - Any cause of dislike, for this great latitude of meaning the fact itself authorizes us to adopt, for it is certain that a Jew might put away his wife for any cause that seemed good to himself; and so hard were their hearts, that Moses suffered this; and we find they continued this practice even to the time of our Lord, who strongly reprehended them on the account, and showed that such license was wholly inconsistent with the original design of marriage; see Mat 5:31 (note), etc.; Mat 19:3 (note), etc., and the notes there. Verse 3 And write her a bill of divorcement - These bills, though varying in expression, are the same in substance among the Jews in all places. The following, collected from Maimonides and others, is a general form, and contains all the particulars of such instruments. The reader who is curious may find a full account of divorces in the Biblioth. Rab. of Bartolocci, and the following form in that work, vol. iv., p. 550. "In - day of the week, or day - of the month A., in - year from the creation of the world, or from the supputation (of Alexander) after the account that we are accustomed to count by, here, in the place B., I, C., the son of D., of the place B., (or if there be any other name which I have, or my father hath had, or which my place or my father's place hath had), have voluntarily, and with the willingness of my soul, without constraint, dismissed, and left, and put away thee, even thee, E., the daughter of F., of the city G., (or if thou have any other name or surname, thou or thy father, or thy place or thy father's place), who hast been my wife heretofore; but now I dismiss thee, and leave thee, and put thee away, that thou mayest be free, and have power over thy own life, to go away to be married to any man whom thou wilt; and that no man be refused of thine hand, for my name, from this day and for ever. And thus thou art lawful for any man; and this is unto thee, from me, a writing of divorcement, and book (instrument) of dismission, and an epistle of putting away; according to the Law of Moses and Israel. A., son of B., witness.C., son of D., witness." Verse 4 She is defiled - Does not this refer to her having been divorced, and married in consequence to another? Though God, for the hardness of their hearts, suffered them to put away their wives, yet he considered all after-marriages in that case to be pollution and defilement; and it is on this ground that our Lord argues in the places referred to above, that whoever marries the woman that is put away is an adulterer: now this could not have been the case if God had allowed the divorce to be a legal and proper separation of the man from his wife; but in the sight of God nothing can be a legal cause of separation but adultery on either side. In such a case, according to the law of God, a man may put away his wife, and a wife may put away her husband; (see Mat 19:9 ); for it appears that the wife had as much right to put away her husband as the husband had to put away his wife, see Mar 10:12. Verse 5 When a man hath taken a new wife - Other people made a similar provision for such circumstances. Alexander ordered those of his soldiers who had married that year to spend the winter with their wives, while the army was in winter quarters. See Arrian, lib. i. Verse 6 The nether or the upper mill-stone - Small hand-mills which can be worked by a single person were formerly in use among the Jews, and are still used in many parts of the East. As therefore the day's meal was generally ground for each day, they keeping no stock beforehand, hence they were forbidden to take either of the stones to pledge, because in such a case the family must be without bread. On this account the text terms the millstone the man's life. Verse 8 The plague of leprosy - See on Leviticus 13 (note), and Leviticus 14 (note). Verse 12 And if the man be poor, etc. - Did not this law preclude pledging entirely, especially in case of the abjectly poor? For who would take a pledge in the morning which he knew, if not redeemed, he must restore at night? However, he might resume his claim in the morning, and have the pledge daily returned, and thus keep up his property in it till the debt was discharged; see the note on Exo 22:26. The Jews in several cases did act contrary to this rule, and we find them cuttingly reproved for it by the Prophet Amos, Amo 2:8. Verse 15 He is poor, and setteth his heart upon it - How exceedingly natural is this! The poor servant who seldom sees money, yet finds from his master's affluence that it procures all the conveniences and comforts of life, longs for the time when he shall receive his wages; should his pay be delayed after the time is expired, he may naturally be expected to cry unto God against him who withholds it. See most of these subjects treated at large on Exo 22:21-27 (note). Verse 16 The fathers shall not be put to death for the children, etc. - This law is explained and illustrated in sufficient detail, Ezekiel 18. Verse 18 Thou shalt remember that thou wast a bondman - Most people who have affluence rose from comparative penury, for those who are born to estates frequently squander them away; such therefore should remember what their feelings, their fears, and anxieties were, when they were poor and abject. A want of attention to this most wholesome precept is the reason why pride and arrogance are the general characteristics of those who have risen in the world from poverty to affluence; and it is the conduct of those men which gave rise to the rugged proverb, "Set a beggar on horseback, and he will ride to the devil." Verse 19 When thou cuttest down thine harvest - This is an addition to the law, Lev 19:9; Lev 23:22. The corners of the field, the gleanings, and the forgotten sheaf, were all the property of the poor. This the Hebrews extended to any part of the fruit or produce of a field, which had been forgotten in the time of general ingathering, as appears from the concluding verses of this chapter. Introduction Punishment by whipping not to exceed forty stripes, Deu 25:1-3. The ox that treads out the corn is not to be muzzled, Deu 25:4. The ordinance concerning marrying the wife of that brother who has died childless, Deu 25:5-10. Of the woman who acts indecently in succouring her husband, Deu 25:11, Deu 25:12. Of false weights and measures,

Some uncleanness - Some hateful thing, some distemper of body or quality of mind not observed before marriage: or some light carriage, as this phrase commonly signifies, but not amounting to adultery. Let him write - This is not a command as some of the Jews understood it, nor an allowance and approbation, but merely a permission of that practice for prevention of greater mischiefs, and this only until the time of reformation, till the coming of the Messiah when things were to return to their first institution and purest condition.

The Law Concerning Divorce. ( b. c. 1451.) 1 When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. 2 And when she is departed out of his house, she may go and be another man's wife. 3 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; or if the latter husband die, which took her to be his wife; 4 Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the Lord : and thou shalt not cause the land to sin, which the Lord thy God giveth thee for an inheritance. This is that permission which the Pharisees erroneously referred to as a precept, Matt. xix. 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. xxi. 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, v. 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, Matt. xix. 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, v. 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 ( v. 3, 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. iii. 1 , Thou hast played the harlot with many lovers, yet return again to me. For his thoughts and ways are above ours.