John Lightfoot on Matthew 5:31

[Whosoever putteth away his wife, let him giver her a bill of divorcement] Notice is to be taken how our Saviour passeth into these words, namely, by using the particle but. "But it hath been said." This particle hath this emphasis in this place, that it whispers a silent objection, which is answered in the following verse. Christ had said, "Whosoever looks upon a woman to lust after her hath committed adultery already": but the Jewish lawyers said, "If any one sees a woman which he is delighted withal above his wife, let him dismiss his wife and marry her."

Among the chapters of Talmudical doctrine, we meet with none concerning which it is treated more largely, and more to a punctilio, than of divorces: and yet there the chief care is not so much of a just cause of it as of the manner and form of doing it. To him that turns over the book Gittin (as also, indeed, the whole Seder Nashim, that part of the Talmud that treats of women), the diligence of the Masters about this matter will appear such that they seem to have dwelt, not without some complacency, upon this article above all others.

God, indeed, granted to that nation a law concerning divorces, Deuteronomy 24:1, permitted only "for the hardness of their hearts," Matthew 19:8: in which permission, nevertheless, they boast, as though it were indulged them by mere privilege. When God had established that fatal law of punishing adultery by death (Deut 22), for the terror of the people, and for their avoiding of that sin; the same merciful God foreseeing also how hard (occasion being taken from this law) the issue of this might be to the women, by reason of the roughness of the men; lusting, perhaps, after other women, and loathing their own wives; he more graciously provided against such kind of wife-killing by a law, mitigating the former, and allowed the putting away a wife in the same case, concerning which that fatal law was given; namely, in the case of adultery. So that that law of divorce, in the exhibition of it, implied their hearts to be hard; and, in the use of it, they shewed them to be carnal. And yet hear them thus boasting of that law: "The Lord of Israel saith, That he hateth putting away, Malachi 2:16. Through the whole chapter, saith R. Chananiah in the name of R. Phineas, he is called the Lord of Hosts: but here, of Israel, that it might appear that God subscribed not his name to divorces, but only among the Israelites. As if he should say, 'To the Israelites I have granted the putting way of wives; to the Gentiles I have not granted it.' R. Chaijah Rabbah saith, Divorces are not granted to the nations of the world."

Some of them interpreted this law of Moses (as by right they ought to interpret it), of the case of adultery only. "The school of Shamaai said, A wife is not to be divorced, unless for filthiness [that is, adultery] only, because it is said, Because he hath found filthy nakedness in her," that is, adultery.

"Rabh Papa said, If he find not adultery in her, what then? Rabba answered, When the merciful God revealed concerning him that corrupted a maid, that it was not lawful for him to put her away in his whole life (Deut 22:29), you are thence taught concerning the matter propounded, that it is not lawful to put her away, if he shall not find filthiness in his wife."

With the like honesty have some commented upon those words cited out of the prophet, For he hateth putting away. "R. Jochanan saith, The putting away of a wife is odious." Which others also have granted, indeed, of the first wife, but not of those that a man took to himself over and above. For this is approved among them for a canon, "Let no man put away his first wife unless for adultery." And "R. Eliezer saith, For the divorcing of the first wife, even the altar itself sheds tears." Which Gloss they fetch from thence, where it is said, "Let no man deal treacherously towards the wife of his youth"; Malachi 2:15.

The Jews used polygamy, and the divorcing of their wives, with one and the same license: and this, that they might have change, and all for the sake of lust. "It is lawful (say they) to have many wives together, even as many as you will: but our wise men have decreed, That no man have above four wives." But they restrained this, not so much out of some principles of chastity, as that lest a man, being burdened with many wives, might not be able to afford them food and clothing, and due benevolence: for thus they comment concerning this bridle of polygamy.

For what causes they put away their wives there is no need to inquire; for this they did for any cause of their own free will.

I. "It is commanded to divorce a wife that is not of good behavior, and who is not modest as becomes a daughter of Israel." So they speak in Maimonides and Gittin in the place above specified: where this also is added in the Gemarists: "R. Meir saith, As men have their pleasures concerning their meat and their drink, so also concerning their wives. This man takes out a fly found in his cup, and yet will not drink: after such a manner did Papus Ben Judah carry himself: who, as often as he went forth, bolted the doors and shut in his wife. Another takes out a fly found in his cup, and drinks up his cup; that he doth, who sees his wife talking freely with her neighbours and kinsfolk, and yet allows of it. And there is another, who, if he find a fly in his basket, eats it: and this is the part of an evil man, who sees his wife going out, without a veil upon her head, and with a bare neck, and sees her washing in the baths, where men are wont to wash, and yet cares not for it; whereas by the law he is bound to put her away."

II. "If any man hate his wife, let him put her away": excepting only that wife that he first married. In like manner, R. Judah thus interprets that of the prophet, If he hate her, let him put her away. Which sense some versions, dangerously enough, have followed. R. Solomon expresses the sense of that place thus: "It is commanded to put away one's wife, if she obtain not favour in the eyes of her husband."

III. "The school of Hillel saith, If the wife cook her husband's food illy, by over-salting or over-roasting it, she is to be put away."

IV. Yea, "If, by any stroke from the hand of God, she become dumb or sottish," &c.

V. But not to relate all the things for which they pronounce a wife to be divorced (among which they produce some things that modesty allows not to be repeated), let it be enough to mention that of R. Akibah instead of all: "R. Akibah said, If any man sees a woman handsomer than his own wife, he may put her away; because it is said, 'If she find not favour in his eyes.'"

[Bill of divorce.] And, A bill of divorce, Matthew 19:7; and in the Septuagint, Deuteronomy 24:1. Of which Beza thus; "This bill may seem to be called a bill of divorce [as much as, departing away], not in respect of the wife put away, as of the husband departing away form his wife." Something hard, and diametrically contrary to the canonical doctrine of the Jews: for thus they write, "It is written in the bill, Behold, thou art put away; Behold, thou art thrust away, &c. But if he writes, I am not thy husband, or, I am not thy spouse, &c.; it is not a just bill: for it is said, He shall put her away, not, He shall put himself away."

This bill is called by the Jews a bill of cutting off, and a bill of expulsion, and an instrument, and an instrument of dismission, and letters of forsaking, &c.

I. A wife might not be put away, unless a bill of divorce were given. "Therefore it is called (saith Baal Turim) A bill of cutting off, because there is nothing else that cuts her off from the husband. For although a wife were obtained three ways" [of which see the Talmud], "yet there was no other way of dismissing her, besides a bill of divorce."

II. "A wife was not put away, unless the husband were freely willing; for if he were unwilling, it was not a divorce: but whether the wife were willing or unwilling, she was to be divorced, if her husband would."

III. "A bill of divorce was written in twelve lines, neither more nor less." R. Mordecai gives the reason of this number, in these words; "Let him that writes a bill of divorce comprise it in twelve lines, according to the value of the number of the letters in the word Get. But Rabh Saadias interprets, that the bill of divorce should be written with the same number of lines wherein the books of the law are separated. For four lines come between the Book of Genesis and the Book of Exodus; four between the Book of Exodus and the Book of Leviticus; four between the Book of Leviticus and the Book of Numbers. But the four between the Book of Numbers and Deuteronomy are not reckoned, because that book is only a repetition of the law," &c.

IV. You have the copy of a bill of divorce in Alphesius upon Gittin, in this form:

A Bill of Divorce

"On the day of the week N., of the month of N., of the year of the world's creation N., according to the computation by which we are wont to reckon in the province N.; I, N., the son of N., and by what name soever I am called, of the city N., with the greatest consent of my mind, and without any compulsion urging me, have put away, dismissed, and expelled thee; thee, I say, N., the daughter of N., by what name soever thou art called, of the city N., who heretofore wert my wife. But now I have dismissed thee,--thee, I say, N., the daughter of N., by what name soever thou art called, of the city N. So that thou art free, and in thine own power to marry whosoever shall please thee; and let no man hinder thee, from this day forward even for ever. Thou art free, therefore, for any man. And let this be to thee a bill of rejection from me, letters of divorce, and a schedule of expulsion, according to the law of Moses and Israel.

REUBEN the son of Jacob witness.

ELIEZER the son of Gilead witness."

See also this form varied in some few words in Maimonides (Gerushin).

V. This bill, being confirmed with the husband's seal, and the subscription of witnesses, was to be delivered into the hand of the wife, either by the husband himself, or by some other deputed by him for this office: or the wife might deput somebody to receive it in her stead.

VI. It was not to be delivered to the wife, but in the presence of two, who might read the bill both before it was given into the hand of the wife and after: and when it was given, the husband, if present, said thus, "Behold, this is a bill of divorce to you."

VII. The wife, thus dismissed, might, if she pleased, bring this bill to the Sanhedrim, where it was enrolled among the records, if she desired it, in memory of the thing. The dismissed person likewise might marry whom she would: if the husband had not put some stop in the bill, by some clause forbidding it.