A discussion of divorce and remarriage fits into this context because they both involve respect for the rights of others. The first of the two situations Moses dealt with in this section concerns a married, divorced, and remarried woman (vv. 1-4).
"In modern society, marriage and divorce are not only regulated by law, but are invalid unless conducted or decreed by accredited officials in accredited places (churches and register offices, or law-courts in the case of divorce). In Israel, however, both were purely domestic matters, with no officials and scarcely any documents involved; the bill of divorcewas the exception, and it was essential, to protect the divorced woman from any charge of adultery, which was punishable by death (cf. 22:22)."266
Moses allowed divorce for the "hardness of heart"of the Israelites, but God's preference was that there be no divorce (Gen. 1:27; 2:24; Mal. 2:16; Matt. 19:8). This, then, is another example of God regulating practices that were not His desire for people, but that He permitted in Israel (e.g., polygamy, etc.). The worst situation envisaged in these verses is divorce, remarriage, and then remarrying the first spouse. The better situation was divorce and remarriage. Still better was divorce and no remarriage. Best of all was no divorce.
The Egyptians practiced divorce and gave written certificates of divorce, so perhaps the Israelites learned these practices from them.267Divorce was common in the ancient Near East, and it was easy to obtain.268However, the Israelites took marriage more seriously than their neighbors did.
The reason for the granting of the divorce by the husband, who alone had the power to divorce, was "some indecency"in his wife (v. 1). This could not have been just adultery since the Israelites stoned adulteresses (22:22). However it is debatable whether the Israelites enforced the death penalty for adultery.269It could not have been just suspicion of adultery either since there was a specified procedure for dealing with that (Num. 5:5-31). Two schools of rabbinic interpretation of this phrase developed in time. Rabbi Hillel's liberal position was that God permitted a divorce "for every cause"(Matt. 19:3), for example, burning his breakfast. Rabbi Shammai's conservative position allowed divorce only for fornication (sexual sin). Jesus said that God permitted divorce for fornication, but He warned against remarrying after such a divorce (Matt. 19:9).270
Divorce not permitted by God and remarriage, which involved post-marital adultery for the woman, resulted in the moral defilement and uncleanness of the woman (v. 4; cf. Lev. 18:20; Num. 5:13-14).
The point of Moses' legislation was that when a couple divorced and then wanted to remarry, the woman's first husband could not marry her again. Evidently Israel's neighbors would divorce their mates, marry someone else, and then remarry their first spouse after their "affair."This ordinance would have discouraged hasty divorce as well as strengthening second marriages in Israel.271
"Thus the intent of the legislation seems to be to apply certain restrictions on the already existing practice of divorce. If divorce became too easy, then it could be abused and it would become a legal' form of committing adultery."272
Jesus taught His disciples not to divorce and remarry (Matt. 19:1-12; Mark 10:1-12). Matthew included Jesus' clarification of the condition for divorce that God permitted (Matt. 19:9; cf. Deut. 24:1), but Mark did not. Paul restated Jesus' point (1 Cor. 7:10-11) and added that a believing spouse need not remain with an unbelieving mate if the unbeliever departs (i.e., divorces; 1 Cor. 7:12-16). He did not say the believer is free to remarry, but he encouraged the believer not to remarry by giving hope that the unbeliever may change (1 Cor. 7:16).273
The second situation Moses dealt with in this section concerns a recently married male (v. 5). Such a person did not have to participate in military service for one year. The reason for this provision was so the man could establish a strong home and begin producing descendants. Both strong homes and descendants were essential to God's purposes through Israel. His going to war and dying was a type of stealing from his wife.
