How does Matthew 5:31 align with Old Testament divorce laws? Matthew 5:31 “It was also said, ‘Whoever divorces his wife must give her a certificate of divorce.’ ” Key Mosaic Passage—Deuteronomy 24:1-4 1 “If a man marries a woman, but she becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her, and sends her away from his house, 2 and if, after leaving his house, she goes and becomes another man’s wife, 3 and the second man also hates her, writes her a certificate of divorce, gives it to her, and sends her away from his house, or if he dies, 4 then the husband who divorced her first may not remarry her after she has been defiled, for that is detestable to the LORD. …” Additional Mosaic Regulations Touching Divorce • Exodus 21:10-11—required ongoing provision of food, clothing, and marital rights; if withheld, the wife was free to leave. • Leviticus 18 & 20—sexual sins that dissolved a marriage by capital punishment. • Numbers 30:9—vows of divorced or widowed women treated separately, showing their distinct legal status. Terminology and Procedure The Hebrew term “sefer keritut” (“certificate of cutting off”) and the Greek “apostasion” both describe the written document. Archaeology supplies parallel wording from the fifth-century BC Elephantine Papyri and later first-century Judean desert contracts, demonstrating that the Mosaic prescription was practiced and that written form protected the wife’s right to remarry instead of being abandoned in legal limbo. Purpose of the Mosaic Provision 1. Regulating a fallen reality caused by hard hearts (cf. Matthew 19:8). 2. Shielding the woman from accusation of adultery if she remarried. 3. Deterring casual remarriage by forbidding a man to reclaim his former wife, thereby discouraging hasty divorces. First-Century Debate Before Jesus Rabbi Shammai restricted “something indecent” to sexual misconduct; Rabbi Hillel allowed divorce for nearly any displeasure. Documents from Qumran (4QDeut) and the Mishnah (Gittin 9:10) record this debate, setting the stage for Jesus’ correction. Jesus’ Hermeneutic in the Sermon on the Mount Matthew 5:17—“Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them, but to fulfill them.” Each “You have heard … but I say to you” deepens rather than discards the Mosaic intent, moving from external compliance to internal righteousness. Alignment of Matthew 5:31 with the Torah 1. Affirmation of the Written Certificate—Jesus quotes Deuteronomy 24 verbatim, acknowledging its authority. 2. Rejection of Abuse—by limiting divorce to sexual immorality (v. 32), He exposes the Hillelite practice as a distortion. 3. Restoration of Creation Ideal—Genesis 2:24 is implicit: one flesh, no severing. Deuteronomy’s concession is interpreted through the original design, not vice-versa. The Exception Clause (“except for sexual immorality”) Greek “porneia” parallels the “indecency” (“ʿerwat dābār”) of Deuteronomy 24:1. Jesus therefore identifies the sole legitimate ground allowed by Moses, not an additional one. In doing so He shows perfect continuity. Prophetic Reinforcement Malachi 2:14-16 : “…the LORD has been a witness between you and the wife of your youth… ‘So guard yourselves in your spirit, and do not break faith with the wife of your youth.’ For I hate divorce, says the LORD.” Jesus echoes this prophetic indictment of treacherous divorcing. Parallel Synoptic Texts • Matthew 19:3-9 clarifies hardness-of-heart concession. • Mark 10:2-12 and Luke 16:18 present the same absolute ethic without restating the Mosaic clause, underscoring the seriousness of breaking covenant. Archaeological Corroboration • Elephantine “Get” (418 BC) mirrors Deuteronomy’s format. • Masada and Nahal Hever divorce papyri (mid-first century AD) reveal that Jewish women carried certified scrolls, confirming the historical setting presumed by Jesus. • Ketubah inscriptions etched on first-century stone ossuaries require faithful provision, echoing Exodus 21:10-11. Covenantal Theology Marriage images Yahweh’s covenant with Israel (Isaiah 54:5-6) and Christ’s union with the Church (Ephesians 5:25-32). By re-anchoring divorce ethics to creation, Jesus secures this typology: God never abandons His covenant people; therefore, His people must mirror that steadfastness. Practical Alignment Summary Matthew 5:31 fully affirms Deuteronomy 24:1-4’s legitimacy yet rescues it from permissive exploitation. The Law’s protective purpose remains, while the pre-Fall ideal directs believers toward lifelong faithfulness empowered by new-covenant grace. Conclusion Matthew 5:31 is not a deviation from Old Testament divorce laws but their consummate interpretation. Jesus quotes the Law, exposes its misapplication, and reinstates the divine design established “from the beginning,” harmonizing Torah, Prophets, and Gospel into one coherent, authoritative witness. |
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