This is certainly not the place for a general review of the passages in the Bible which have relevance to the issue of divorce. In that respect, Wenham notes, “Laws explicitly dealing with divorce are rare...But the most interesting law of all is Deuteronomy 24:1-4.” This Old Testament regulation deals with a very specific issue only – the case in which a man presents his wife with a certificate of divorce because he has found something objectionable about her; she subsequently marries another man but is divorced from him also; and finally the original husband decides he wants her back and remarries her. Such a remarriage is forbidden because it would be “abhorrent to the LORD.”
Such a scenario may appear to be highly unlikely to occur in the first place. I did have an aunt who divorced her husband, remarried him, and then divorced him again. And she told me that he made her pay the legal costs for both marriages and divorces. But that situation is not really covered in Deuteronomy for two reasons: she was the one instituting the divorce the first time, and neither party remarried between their two marriages.
However, I did know an older couple who had a very happy marriage although I found out later that they had earlier been married and divorced; she had remarried and divorced; and then the original couple married each other again. But even that case might not be covered by Deuteronomy 24 since it would depend on whether the man or the wife was the one instituting the original divorce.
Levinson states, “This complex law, theologically applied by two prophets (Isa 50:1; Jer 3:8)...does not prohibit remarriage in general. Biblical laws [in the OT] include no general laws on either marriage or divorce, only special cases that raise particular ethical or religious issues.”
And in the NT, we know that Jesus was highly opposed to the whole concept of divorce in general. But sticking closely to the Deuteronomy passage itself, it raises a host of questions regarding such a legal ruling – What is the underlying problem with such a scenario? Why are only men mentioned as instituting divorces? What are the specific grounds for a valid divorce? Why does a document need to be given to the woman? What use do Isaiah and Jeremiah make of this regulation? Below are some comments relating to these issues. And unfortunately, as Craigie says, “the statement is so succinct that all the details are no longer clear.”
What sort of objectionable conduct on the part of the woman would trigger divorce?
“That no substantial reason for the divorce was in fact required is clearly enough indicated by 'some indecency:' it is not clear what this means...The phrase occurs in 23:14, with reference to that which violates the purity and holiness of the camp. So probably it signifies some state of [ritual] impurity in general, rather than any particular act of indecency.” (Mayes)
Regarding 'something undecent,” Craigie notes: “The same expression is used in 23:14, where it suggests something impure, though the words do not seem to have normal connotations. In this context, the words may indicate some physical deficiency in the woman though this meaning is uncertain. A physical deficiency such as the inability to bear children may be implied.”
Watts notes in regard to the discussions of early rabbis of Jesus' general time “Although there was general agreement on matters such as infertility, unfaithfulness, and neglect (material and emotional [cf. Exod. 21:10-11]), 'no-fault' divorces were the center of contention.”
Thus, according to Blomberg, “The more typically conservative Shammai takes 'indecent' in a sexual sense and thus permits divorce only in the case of infidelity (capital punishment laws for adultery had already been substantially relaxed). The typically more liberal Hillel takes 'something' (lit. 'a thing') in the sense of 'anything' inappropriate and allows for divorce in a wide variety of circumstances, including spoiling the cooking!”
Thompson: “The meaning of this noun [i.e. indecency] is not clear, but we may conjecture that some immodest exposure or unwomanly conduct is meant.”
“A man could not divorce his wife unless there was some sort of unseemly wifely behavior, literally a 'nakedness of a thing' ('erwat dabar, Deut 24:1). This limitation on the husband's prerogatives served to elevate the wife's dignity and standing in Israel's society. The precise meaning of 'nakedness of a thing' is disputed. Many interpreters believe that this term excludes adultery, since adultery was a ground for execution, not divorce. However, the matter is complicated.” (Sprinkle) Thus, he mentions other possible meanings such as suspected adultery which could not be legally proved or the possibility of a woman's dowry being used to ransom her from the death penalty.
Why is this regulation written strictly from the male point of view?
“Male-initiated divorce was the norm, though there is some evidence in the Near East and in the Jewish Elephantine papyri (fifth century BC) of contracts permitting either party to initiate proceedings.” (Levinson)
What was the purpose of the certificate of divorce?
Basically it allowed the woman to freely and legally remarry whomever she chose without any blame attached. “This protected her from an accusation of adultery should she later remarry...Freedom to remarry is the essence of divorce, as opposed to separation.” (Wenham)
And Craigie adds that “possession of the bill of divorce gave her certain protection under law from any further action by the man.”
Why wouldn't God want the couple to get back together again?
The text says it is because “'she has been defiled,' not in general, since she is permitted to remarry, but specifically as regards relations with her first husband.” (Levinson)
Wenham states, “Why this should be forbidden is obscure. Perhaps such a return would make the second marriage look like adultery. Or perhaps because the first marriage made the couple as closely related as brother and sister (they had become one flesh), a second marriage would appear incestuous; similar principles underlie some rules in Leviticus 18.”
Watts: “The reason for the law is not stated but might reflect a concern that if this practice were permitted, adultery might begin to appear less wicked, or, perhaps preferably it sought to prevent the woman from being treated as a object in subordination to the man's interests.”
But Thompson says, “Some have proposed that they [i. e. such laws] were designed to prevent hasty divorce. Others have regarded them as a discouragement of adultery. Yet others think they were concerned with natural revulsion against such a reunion. But there is some value in the proposal that these laws were intended to preserve the second marriage. Once the divorcee has entered a second marriage there is no possibility of the husband reclaiming her. Reunion is forbidden and the second marriage is guaranteed.”
“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 would become a 'legal' form of committing adultery.” (Wenham) This would be something like the modern practice of serial monogamy.
How do Isaiah and Jeremiah make use of this ruling?
Isaiah 50:1
“With Deut 24:1-4 as the background for this passage, Yahweh defends his right to take Israel back from the Babylonians since he did not in fact, ever officially divorce her. [Instead,] “he places the entire responsibility for this [separation] upon Israel itself.” (Whybray)
Wolf: “Although Israel's exile was like a divorce, chapter 50 begins with a question that implies that no certificate of divorce existed...Perhaps the rhetorical question in verse 1 is a way of putting the blame for the divorce on Judah...Another possibility is that God considered the Exile as a period of separation, not divorce.”
And McKenzie notes, “Hosea also sees a reunion of Yahweh with the faithless woman, and this is the point of the image in both prophets.”
Jeremiah 3:8 “Against this background [i.e. Deuteronomy 24:1-4] Yahweh can be seen as the one who took the initiative in taking Israel as his wife. But Israel took the initiative in turning aside from Yahweh. Under the circumstances, and in light of the legal prohibition, what right has Judah, frightened by the consequences of her evil deeds, to take the initiative in seeking to return to Yahweh? If that were ever possible, then it could only be on the basis of a profound repentance and a strong loophole from Yahweh himself.” (Thompson)
Are there any NT parallels?
There is an allusion to this regulation in Matthew 19:3-9 where the Pharisees ask Jesus, “Why did Moses command us to give a certificate of dismissal and to divorce her [i.e. a displeasing wife]?” Jesus subtly corrects their faulty rendering of Deuteronomy 24 by replying, “Moses allowed you to divorce your wife because of your hard hearts.”
With all the above in mind as well as the common biblical image of God and believer as man and wife, I wonder if the underlying principle in Deuteronomy 24:1-4 has any bearing at all on either of the following New Testament passage:
Luke 9:62 in which Jesus says, “No one who puts a hand to the plow and looks back is fit for the kingdom of God.”
Hebrews 6:4-5 – “For it is impossible to restore again to repentance those who have once been enlightened and have tasted the heavenly gift, and have shared in the Holy Spirit...and then have fallen away...”
I will leave that as a homework assignment for you to work on.