Divorce in the Old Testament in the Bible Encyclopedia-ISBE

di-vors': 1. Subordinate Position of Woman: Woman, among the Hebrews, as among most nations of antiquity, occupied a subordinate position. Though the Hebrew wife and mother was treated with more consideration than her sister in other lands, even in other Semitic countries, her position nevertheless was one of inferiority and subjection. The marriage relation from the standpoint of Hebrew legislation was looked upon very largely as a business affair, a mere question of property. A wife, nevertheless, was, indeed, in most homes in Israel, the husband's "most valued possession." And yet while this is true, the husband was unconditionally and unreservedly the head of the family in all domestic relations. His rights and prerogatives were manifest on every side. Nowhere is this more evident than in the matter of divorce. According to the laws of Moses a husband, under certain circumstances, might divorce his wife; on the other hand, if at all possible, it was certainly very difficult for a wife to put away her husband. Unfortunately a double standard of morality in matters pertaining to the sexes is, at least, as old as Moses (see Ex 7 through 11). 2. Law of Divorce: Deuteronomy 24:1-4: The Old Testament law concerning divorce, apparently quite clear, is recorded most fully in Dt 24:1 ff. A perusal of the commentaries will, nevertheless, convince anyone that there are difficulties of interpretation. The careful reader will notice that the renderings of the King James Version and the Revised Version (British and American) differ materially. the King James Version reads in the second part of Dt 24:1: "then let him write a bill," etc., the Revised Version (British and American) has "that he shall write," etc., while the Hebrew original has neither "then" nor "that," but the simple conjunction "and." There is certainly no command in the words of Moses, but, on the other hand, a clear purpose to render the proceeding more difficult in the case of the husband. Moses' aim was "to regulate and thus to mitigate an evil which he could not extirpate." The evident purpose was, as far as possible, to favor the wife, and to protect her against an unceremonious expulsion from her home and children. 3. Marriage a Legal Contract: As already suggested, marriage among the Hebrews, as among most Orientals, was more a legal contract than the result of love or affection. It would be, however, a great mistake to assume that deep love was not often present, for at all times the domestic relations of the Hebrew married couple have compared most favorably with those of any other people, ancient or modern. In its last analysis it was, nevertheless, a business transaction. The husband or his family had, as a rule, to pay a certain dowry to the parents or guardians of the betrothed before the marriage was consummated. A wife thus acquired...