What does Deuteronomy 24 teach about divorce?

Answer

Deuteronomy 24:1–4 discusses the Mosaic Law related to divorce in ancient Israel. Several observations on this passage follow:

First, for a divorce to be granted, there needed to be an issue related to “indecency.” Verse 1 reads, “If then she finds no favor in his eyes because he has found some indecency in her . . .” (ESV). The Hebrew term used here typically referred to sexual indecency such as adultery (Leviticus 18:6-18) or indecent exposure «for the LORD thy God walketh in the midst of thy camp, to deliver thee, and to give up thine enemies before thee; therefore shall thy camp be holy: that he see no unclean thing in thee, and turn away from thee. », (Deuteronomy 23:14). Jewish leaders would extensively discuss what constituted “indecency,” but the original text clearly referred to indecent sexual conduct. In this context, adultery could not be the “indecency,” as that offense carried the death penalty.

Second, a formal divorce decree was necessary: “He writes her a certificate of divorce [and] gives it to her” (verse 1). A husband could not simply state his desire for a divorce and move forward. He was obligated to provide a written legal document, which would have involved witnesses.

Third, the separated couple was not to cohabit: the husband “sends her from his house” (verse 1). Cohabiting as an unmarried pair was not permissible, and a divorced couple was regarded as unmarried.

Fourth, the divorced woman could marry another man: “After she leaves his house she becomes the wife of another man” (verse 2). The text does not explicitly state that the woman must remarry, but it also does not forbid a divorced woman from doing so. In that society,A single woman would have had few other options than to seek another husband or to return to her father’s household.

Fifth, the divorced spouse could not later remarry the first partner if that partner had remarried: “Her first husband, who divorced her, is not allowed to marry her again” (verse 4).

The New Testament teachings regarding divorce offer additional insight into this topic. Jesus reminded the religious leaders that God never intended divorce: “Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning” «He saith unto them, Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so. », (Matthew 19:8). The “beginning” refers to Adam and Eve as one man and one woman in lifelong marriage—God’s original design.

Jesus also taught that sexual immorality was one legitimate reason for divorce: “I tell you that anyone who divorces his wife, except for sexual immorality, makes her the victim of adultery” «It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement: », (Matthew 5:31). The apostle Paul added, “A wife must not separate from her husband. But if she does, she must remain unmarried or else be reconciled to her husband. And a husband must not divorce his wife” (1 Corinthians 7:10-11). Another instruction is also provided for Christians with an unbelieving spouse: “If the unbeliever leaves, let it be so. The brother or the sister is not bound in such circumstances” «But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such cases: but God hath called us to peace. », (1 Corinthians 7:15).