The origin of the Jewish law of divorce is found in the constitution of the patriarchal family. The fundamental principle of its government was the absolute authority of the oldest male ascendent; hence the husband, as the head of the family, divorced the wife at his pleasure. The manner in which Hagar was dismissed by Abraham illustrates the exercise of this authority (Genesis 21:9-14). This ancient right of the husband to divorce his wife at his pleasure is the central thought in the entire system of Jewish divorce law. It was not set aside by the Rabbis, though its severity was tempered by numerous restrictive measures. It was not until the eleventh century that the absolute right of the husband to divorce his wife at will was formally abolished.
The earliest restrictions of this right are found in the Deuteronomic code. In two cases the law provided that the husband “shall not be at liberty to put her away all his days”: (1) if he falsely accused her of antenuptial incontinence (Deuteronomy 22:13-19); (2) if he had ravished her before marriage (Deuteronomy 22:28-29). In the Mishnaic period the theory of the law that the husband could divorce his wife at will was challenged by the school of Shammai. It interpreted the text of Deut. xxiv. 1 in such amanner as to reach the conclusion that the husband could not divorce his wife except for cause, and that the cause must be sexual immorality (Giṭ ix. 10; Yer. Soṭah i. 1, 16b). The school of Hillel, however, held that the husband need not assign any reason whatever; that any act on her part which displeased him entitled him to give her a bill of divorce (Giṭ. ibid.). The opinion of the school of Hillel prevailed. Philo of Alexandria (“Of Special Laws Relating to Adultery,” etc., ch. v.; English ed., ii. 310, 311) and Josephus (“Ant.” iv. 8) held this opinion. Jesus seems to have held the view of the school of Shammai (Matthew 19:3-9).
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Author: Jewish Encyclopedia
Keywords: Marriage, Divorce, Bill of divorcement, Certificate of divorce, Certificate of divorcement, Bill of divorce, Divorce document, Remarriage
Bible reference(s): Gen 21:10, Gen 21:14, Deuteronomy 24:1-3, Matthew 5:31-32, Matthew 19:3-9, Mark 10:4, Mark 10:11-12, Luke 16:18
Source: “Divorce,” 1906.
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