(12) And if a woman shall put away.--This also is peculiar to St. Mark, and it is noticeable, as being the only passage in our Lord's teaching which distinctly states the case referred to, and passes sentence on the wife who divorces her husband and marries again, as well as on the husband who divorces his wife, and the wife who is so divorced. All three cases are dealt with on the same grounds: (1) that the marriage relationship ought to be indissoluble, and that one cause only justifies or permits its dissolution; and (2) that any further permission of divorce is but a concession to the hardness of men's hearts for the avoidance of greater evils.
Verse 12. - This verse should be read thus: And if she herself shall put away her husband, and marry another, she committeth adulteryκαὶ ἐὰν αὐτὴ ἀπολύσασα τὸν ἄνδρα αὑτῆς γαμήση ἄλλον μοιχᾶται. This reading is well supported. These words indicate that, according to our blessed Lord's teaching, wives and husbands have equal rights in reference to divorce; and so the Greek, according to the best authorities, is (γαμήση) "shall marry," not (γαμηθῆ) "shall be married." Josephus, however, makes it evident that in his time husband and wife had by no means equal rights in these matters ('Antiq.' 15:7, 10).
10:1-12 Wherever Jesus was, the people flocked after him in crowds, and he taught them. Preaching was Christ's constant practice. He here shows that the reason why Moses' law allowed divorce, was such that they ought not to use the permission; it was only for the hardness of their hearts. God himself joined man and wife together; he has fitted them to be comforts and helps for each other. The bond which God has tied, is not to be lightly untied. Let those who are for putting away their wives consider what would become of themselves, if God should deal with them in like manner.
And if a woman shall put away her husband,.... Not that there was the same law, or the same sufferance by the law of Moses, for a woman to put away her husband, as for the husband to put away the wife; nor was it practised among the Jews, unless it came to be in use about this time, in their declining state, having taken it from the Gentiles; of whom they say (s), that
"they divorce one another: says R. Jochanan, , "his wife divorces him", and gives him the dowry.''
So Salome, the sister of Herod the Great, sent a bill of divorce to her husband Costobarus; and in this she was followed by Herodias, the daughter of Aristobulus, as Josephus (t) relates; and which his own wife also did. And by such examples the practice might prevail among the Jews: and we have a story told (u) us of a holy man, and a holy yeoman, who were married, and had no children, , "and they divorced one another"; and the one went and married a wicked woman, and she made him wicked; and the other went and married a wicked man, and she made him righteous but I do not find that this practice was approved, or established by any rule, or canon. They allow (w) indeed a woman to write her husband's divorce of her, with proper witnesses; and they also oblige one, that was espoused in her minority, and refuses her husband, when adult, to write a bill of refusal; the form of that, and the rules about it, take as follow (x):
"they do not allow one to marry a minor; he that marries a minor that is fatherless, and she is not pleased with her husband, lo! she may refuse, and go away, and she has no need of a divorce from him, because the espousals of a minor are not perfect espousals, as we have explained: and so a minor, whom her father marries, and she becomes a widow, or is divorced whilst she is a minor, lo! she is as one fatherless, in, her father's life time; and if she marries whilst she is a minor, she may refuse--how does she refuse? she says before two witnesses, I do not like such an one my husband; or I do not like the espousals with which my father, or my brother, espoused me; and such like words.--The two, before whom the minor refuses, write for her; on such a day, such an one, the daughter of such an one, refused, before us, such an one her husband; and they seal, and give it to her: and this is the body, or substance of a bill of refusal--in such a week, on such a day of the month, in such a year, such an one, the daughter of such an one, refused before us, and said, that my mother, or my brother, forced me, and married me, or espoused me, and I, a minor, to such an one, the son of such an one; and now I reveal my mind before you, that I do not like him, and I will not abide with him: and we have searched such an one; and this is manifest to us, that she is yet a minor, and we have written, and sealed, and have given this to her, for her justification, and a clear proof;''
"Such an one, the son of such an one, witness. Such an one, the son of such an one, witness.''
And such a writing was called, , "a bill of refusal", and sometimes , "letters of refusal" (y), but a bill of divorcement given by a married woman to her husband, I have not met with. Justin Martyr speaks (z) of a Christian woman that, "gave a bill of divorce" to her husband: such things, therefore, have been done, and might be done in Christ's time, to which he refers; and concerning which he says, that if a woman do so,
and be married to another, she committeth adultery; with the man she marries, and against, and to the injury of her former husband, unjustly left by her.
(s) Bereshit Rabba, sect. 18. fol. 15. 3.((t) Antiqu. l. 15. c. 11. & 18. 7. (u) Bercshit Rabba, sect. 17. fol. 14. 4. (w) Misn. Edict. c, 2. sect. 3.((x) Maimon. Hilch. Gerushim, c. 11. sect. 1, 8, 9, 11. (y) Misn. Bava Metzta, c. 1. sect. 8. (z) Apolog. 1. p 42. Yid. Euscb. Eccl. Hist. l. 4. c. 17.
"they divorce one another: says R. Jochanan, , "his wife divorces him", and gives him the dowry.''
So Salome, the sister of Herod the Great, sent a bill of divorce to her husband Costobarus; and in this she was followed by Herodias, the daughter of Aristobulus, as Josephus (t) relates; and which his own wife also did. And by such examples the practice might prevail among the Jews: and we have a story told (u) us of a holy man, and a holy yeoman, who were married, and had no children, , "and they divorced one another"; and the one went and married a wicked woman, and she made him wicked; and the other went and married a wicked man, and she made him righteous but I do not find that this practice was approved, or established by any rule, or canon. They allow (w) indeed a woman to write her husband's divorce of her, with proper witnesses; and they also oblige one, that was espoused in her minority, and refuses her husband, when adult, to write a bill of refusal; the form of that, and the rules about it, take as follow (x):
"they do not allow one to marry a minor; he that marries a minor that is fatherless, and she is not pleased with her husband, lo! she may refuse, and go away, and she has no need of a divorce from him, because the espousals of a minor are not perfect espousals, as we have explained: and so a minor, whom her father marries, and she becomes a widow, or is divorced whilst she is a minor, lo! she is as one fatherless, in, her father's life time; and if she marries whilst she is a minor, she may refuse--how does she refuse? she says before two witnesses, I do not like such an one my husband; or I do not like the espousals with which my father, or my brother, espoused me; and such like words.--The two, before whom the minor refuses, write for her; on such a day, such an one, the daughter of such an one, refused, before us, such an one her husband; and they seal, and give it to her: and this is the body, or substance of a bill of refusal--in such a week, on such a day of the month, in such a year, such an one, the daughter of such an one, refused before us, and said, that my mother, or my brother, forced me, and married me, or espoused me, and I, a minor, to such an one, the son of such an one; and now I reveal my mind before you, that I do not like him, and I will not abide with him: and we have searched such an one; and this is manifest to us, that she is yet a minor, and we have written, and sealed, and have given this to her, for her justification, and a clear proof;''
"Such an one, the son of such an one, witness. Such an one, the son of such an one, witness.''
And such a writing was called, , "a bill of refusal", and sometimes , "letters of refusal" (y), but a bill of divorcement given by a married woman to her husband, I have not met with. Justin Martyr speaks (z) of a Christian woman that, "gave a bill of divorce" to her husband: such things, therefore, have been done, and might be done in Christ's time, to which he refers; and concerning which he says, that if a woman do so,
and be married to another, she committeth adultery; with the man she marries, and against, and to the injury of her former husband, unjustly left by her.
(s) Bereshit Rabba, sect. 18. fol. 15. 3.((t) Antiqu. l. 15. c. 11. & 18. 7. (u) Bercshit Rabba, sect. 17. fol. 14. 4. (w) Misn. Edict. c, 2. sect. 3.((x) Maimon. Hilch. Gerushim, c. 11. sect. 1, 8, 9, 11. (y) Misn. Bava Metzta, c. 1. sect. 8. (z) Apolog. 1. p 42. Yid. Euscb. Eccl. Hist. l. 4. c. 17.