Explain Deuteronomy 24:1-4

Deuteronomy 24:1–4 NASB95

1 “When a man takes a wife and marries her, and it happens that she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce and puts it in her hand and sends her out from his house, 2 and she leaves his house and goes and becomes another man’s wife, 3 and if the latter husband turns against her and writes her a certificate of divorce and puts it in her hand and sends her out of his house, or if the latter husband dies who took her to be his wife, 4 then her former husband who sent her away is not allowed to take her again to be his wife, since she has been defiled; for that is an abomination before the Lord, and you shall not bring sin on the land which the Lord your God gives you as an inheritance.

The Hebrew bah ‘erwath dabar (as in Deut 23:14) suggests something to do with the shameful exposure of the private parts. Here, however, as in a number of other texts (cf. Lev 18:6–18; 20:11, 17, 20–21; Ezek 22:10; 23:29; Hos 2:10), the reference is to illicit sexual behavior such as adultery. This apparently is what Jesus had in mind when he cited this passage as the only basis for divorce, i.e., marital unfaithfulness including adultery

If the phrase alluded to sexual infidelity (which it does not in 23:14), it would restrict the grounds for divorce to adultery. Elsewhere in OT law the punishment for adultery was death (e.g., Lev 20:10; Deut 22:22), so no adulterer would have a chance at remarriage.

These verses presuppose that divorce in Israel was permitted, but they leave the circumstances of that permission open.

The point of the divorce certificate is to prove the woman is free to remarry.

The final judgment made here places a limitation on the first husband, who may not remarry the woman. She is now clearly out of bounds to the first husband (cf. Jer. 3:1–5), and the reason given here is that she has been declared defiled (McConville 2002: 359). For the man to take this woman back as his wife, after declaring her defiled and forcing her into the second marriage, would be detestable (tô‘ēbâ; cf. 23:18) before the Lord, and would also defile the land given to Israel as an inheritance (Matt. 5:31–32; 19:1–12; cf. Matt. 1:18–25).

Death for Adultery & Fornication

Only When 2 or 3 Witnesses can Confirm

Divorce for Adultery & Fornication

When it Can’t Be Confirmed

Husband could Also Lie in these Situations

Reviewing the law it must be said that no actual cause for the divorce is stated, even though it may have been clear at the time. In the world outside Israel, divorce was common and was easily obtained. The present law provides guideposts. A man could divorce his wife if a. there were adequate grounds, and if b. a legal document was prepared and placed in his wife’s hands. Although not stated, presumably the case had to be brought before a public official. Such formalities might act as a deterrent. It is possible that the present law represents a disapproval of divorce (cf. Mal. 2:14–16), for the offence in question could result in an abomination in much the same way as adultery (Lev. 18:20; Num. 5:12–29). In fact, no Old Testament law or oracle institutes divorce, perhaps because it was taken for granted in view of its widespread practice in the Semitic world. The present law would have had the effect of making divorce a more serious affair, since it reduced the possibility of a man taking his wife back again. Moreover, it would discourage the easy transfer of a woman from one man to another which resulted in the defilement of the woman. The net result would be the elevation of the status of women.

Could this Text Be Referring to Adultery or Unchastity?

If One had to Put His Wife to Death for Such Sins, Then Why was Joseph Said to Be Righteous for Wanting to Put Mary Away Secretly When He Thought She’d Committed Adultery?

Wouldn’t He Be Disobeying the Law?

It Seems Possible this Passage is Talking About Adultery or Unchastity

Divorce could Be the Merciful Route?