John Lightfoot on Matthew 19:8

[Because Moses for the hardness of your hearts suffered, &c.] Interpreters ordinarily understand this of the unkindness of men towards their wives; and that not illy: but at first sight hardness of heart for the most part in Scripture denotes rather obduration against God than against men. Examples occur everywhere. Nor does this sense want its fitness in this place: not to exclude the other, but to be joined with it here.

I. That God delivered that rebellious people for the hardness of their hearts to spiritual fornication, that is, to idolatry, sufficiently appears out of sacred story, and particularly from these words of the first martyr Stephen, Acts 7:42: God turned, and gave them up to worship the host of heaven, &c. And they seem not less given up to carnal fornication, if you observe the horrid records of their adulteries in the Holy Scripture, and their not less horrid allowances of divorces and polygamies in the books of the Talmudists: so that the particle...carries with it a very proper sense, if you interpret it to, according to its most usual signification; "Moses to the hardness of your hearts added this, that he permitted divorces; something that savours of punishment in itself, however you esteem it for a privilege."

II. But you may interpret it more clearly and aptly of the inhumanity of husbands towards their wives: but this is to be understood also under restriction: for Moses permitted not divorces, because, simply and generally men were severe and unkind towards their wives; for then, why should he restrain divorces to the cause of adultery? but because, from their fierceness and cruelty towards their wives, they might take hold of and seek occasions from that law which punished adultery with death, to prosecute their wives with all manner of severity, to oppress them, to kill them.

Let us search into the divine laws in case of adultery a little more largely.

1. There was a law made upon the suspicion of adultery, that the wife should undergo a trial by the bitter waters, Numbers 5: but it is disputed by the Jewish schools, rightly and upon good ground, whether the husband was bound in this case by duty to prosecute his wife to extremity, or whether it were lawful for him to connive at and pardon her, if he would. And there are some who say he was bound by duty; and there are others who say that it was left to his pleasure.

2. There was a law of death made in case of the discovery of adultery, Deuteronomy 22:21-23: "If a man shall be found lying with a married woman, both shall die," &c. Not that this law was not in force unless they were taken in the very act; but the word shall be found is opposed to suspicion, and means the same as if it were said, "When it shall be found that a man hath lain," &c.

3. A law of divorce also was given in case of adultery discovered, Deuteronomy 24:1; for in that case only, and when it is discovered, it plainly appears from our Saviour's gloss, and from the concession of some Rabbins also, that divorces took place: for, say they in the place last cited, "Does a man find something foul in his wife? he cannot put her away, because he hath not found foul nakedness in her"; that is, adultery.

But now, how do the law of death and that of divorce consist together? It is answered, They do not so consist together that both retain their force; but the former was partly taken off by the latter, and partly not. The Divine Wisdom knew that inhuman husbands would use that law of death unto all manner of cruelty towards their wives: for how ready was it for a wicked and unkind husband to lay snares even for his innocent wife, if he were weary of her, to oppress her under that law of death! And if she were taken under guilt, how cruelly and insolently would he triumph over her, poor woman, both to the disgrace of wedlock and to the scandal of religion! Therefore the most prudent, and withal merciful lawgiver, made provision that the woman, if she were guilty, might not go without her punishment; and if she were not guilty, might go without danger; and that the wicked husband that was impatient of wedlock might not satiate his cruelty. That which is said by one does not please me, "That there was no place for divorce where matrimony was broke off by capital punishment"; for there was place for divorce for that end, that there might not be place for capital punishment. That law indeed of death held the adulterer in a snare, and exacted capital punishment upon him, and so the law made sufficient provision for terror: but it consulted more gently for the woman, the weaker vessel, lest the cruelty of her husband might unmercifully triumph over her.

Therefore, in the suspicion of adultery, and the thing not discovered, the husband might, if he would, try his wife by the bitter waters; or if he would he might connive at her. In case of the discovery of adultery, the husband might put away his wife, but he scarce might put her to death; because the law of divorce was given for that very end, that provision might be made for the woman against the hardheartedness of her husband.

Let this story serve for a conclusion; "Shemaiah and Abtalion compelled Carchemith, a libertine woman-servant, to drink the bitter waters." The husband of this woman could not put her away by the law of Moses, because she was not found guilty of discovered adultery. He might put her away by the traditional law, which permitted divorces without the case of adultery; he might not, if he had pleased, have brought her to trial by the bitter waters; but it argued the hardness of his heart towards his wife, or burning jealousy, that he brought her. I do not remember that I have anywhere in the Jewish pandect read any example of a wife punished with death for adultery. There is mention of the daughter of a certain priest committing fornication in her father's house, that was burnt alive; but she was not married.