Verses 31-32: “It hath been said” is again a reference to the Old Testament commandment of the Mosaic regulation (Deut. 24:1). The normal custom of the ancient Near East was for a man to verbally divorce his wife. In contrast, the ancient law of Israel insisted on a “writing of divorcement” or certificate of divorce.
This written statement gave legal protection to both the wife and the husband. Jesus explains elsewhere (Matt. 19:8), that Moses’ concession was not intended to be taken as license. The only exception given by Christ is for “the cause of fornication” (Greek porneia), meaning sexual unfaithfulness.
These statements make it clear that adultery or fornication is a legitimate ground for divorce. However, the legitimacy of the divorce does not necessarily establish the legitimacy of remarriage.
Scripture never commands that one must divorce an unfaithful wife or husband. On the contrary, there are many examples of extending forgiveness to the adulterous offender (Gen. 38:26; Hos. 3:1; John 8:1-11). The responsibility of divorce is clearly laid upon the one seeking the divorce.
“Whosoever shall put away his wife” without biblical basis “causeth her to commit adultery.” Thus, the divorcer brings about an unjust suspicion upon the divorcee.
hath
been said... The rabbis had taken liberty with what Scripture
actually said. They referred to (Deut. 24:1-4), as if it were given
merely to regulate the paperwork when one sought divorce. Thus, they
had wrongly concluded that men could divorce their wives for anything
that displeased them, as long as they gave “a certificate of
divorce.”
But Moses provided this as a concession to protect the woman who was divorced, not to justify or legalize divorce under all circumstances.
Whosoever shall put... Deut. 24:1-4; Isa. 50:1; Jer. 3:8.
put away his... Greek: apoluo, to loose (Mat. 18:27); release (Mat. 27:15-26); let go (Luke 14:4); set at liberty (Acts 26:32); send away (Mat. 14:15-23); dismiss (Acts 15:30); put away (Mat. 1:19; 5:31-32; 19:3-9; Mark 10:2-12; Luke 16:18); and divorce (Mat. 5:32). Put away here means divorce and was so understood by the Jews. If the divorce was granted for fornication, a sin God looked upon as most serious, the putting away was legal, Christian, and sanctioned by Christ. It made the contract null and void as before marriage (cp. Deut. 24:1-4).
writing of divorcement... A legal document dissolving the marriage bonds. Called "writing of divorcement" (Mat. 5:31; 19:7) and "bill of divorcement" (Deut. 24:1-3; Isa. 50:1; Jer. 3:8; Mark 10:4). See Mat. 19:1-12; Mark 10:2-4; 1Cor. 7:1-40.
When Jesus said this, it was about like it is now. People were being divorced for every little whim. Jesus was trying to show how important marriage is, and it is not to be taken lightly. Not being faithful has always been grounds for divorce, and in our day homosexual activity is also, grounds for divorce.
(Mat. 19:3-9; Mark 10:11-12; Luke 16:18) Among the Jewish leaders were two schools of thought regarding the matter of divorce (Deut. 24:1). Those who followed Hillel said it was permissible for a husband to divorce his wife for any reason at all, but the other group (those following Shammai) said divorce was permissible only for a major offense.
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