Deuteronomy 24:1-5

Deuteronomy 24:1-5

[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  [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.  [5] When a man  hath taken  a new  wife,  he shall not go out  to war,  neither shall he be charged  with any business:  but he shall be free  at home  one  year,  and shall cheer up  his wife  which he hath taken. 

What does Deuteronomy 24:1-5 Mean?

Contextual Meaning

A discussion of divorce and remarriage fits into this context because both practices 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 ( Deuteronomy 24:1-4).
"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 divorce was the exception, and it was essential, to protect the divorced woman from any charge of adultery, which was punishable by death (cf. Deuteronomy 22:22)." [1]
Moses allowed divorce for the "hardness of heart" of the Israelites, but God"s preference was that there be no divorce ( Genesis 1:27; Genesis 2:24; Malachi 2:16; Matthew 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, divorce, and then remarriage to 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. [2] Divorce was common in the ancient Near East, and it was easy to obtain. [3] However, 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 ( Deuteronomy 24:1). This could not have been simple adultery since the Israelites stoned adulteresses ( Deuteronomy 22:22). However it is debatable whether the Israelites enforced the death penalty for adultery. [4] It could not have been just suspicion of adultery either since there was a specified procedure for dealing with that ( Numbers 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" ( Matthew 19:3), for example, burning the husband"s food. 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 ( Matthew 19:9). [5]
Divorce not permitted by God followed by remarriage, which involved post-marital adultery for the woman, resulted in the moral defilement and uncleanness of the woman ( Deuteronomy 24:4; cf. Leviticus 18:20; Numbers 5:12-14).
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 if she had married someone else following her divorce. 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. [1]
"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." [7]
One scholar argued that the giving of a certificate of divorce implies not only a legal permission for divorce but also the legal permission for the woman to remarry. He also believed that the improper behavior for which divorce was allowed was behavior that fundamentally violated the essence of the marriage covenant. [8]
Jesus taught His disciples not to divorce ( Matthew 19:1-12; Mark 10:1-12). Matthew included Jesus" clarification of the condition for divorce that God permitted ( Matthew 19:9; cf. Deuteronomy 24:1), but Mark did not. Paul restated Jesus" point ( 1 Corinthians 7:10-11) and added that a believing spouse need not remain with an unbelieving mate if the unbeliever departs (i.e, divorces; 1 Corinthians 7:12-16). After a divorce he encouraged remarriage to the former spouse or remaining single ( 1 Corinthians 7:11). [9]
The second situation Moses dealt with in this section concerns a recently married male ( Deuteronomy 24:5). 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. Going into war and dying was a type of stealing from his wife.