Why does Deuteronomy 24:2 allow a divorced woman to remarry? Scriptural Text “When she has left him, and she becomes another man’s wife, and the latter husband hates her and writes her a certificate of divorce, gives it to her, and sends her from his house… her first husband who divorced her must not take her again to be his wife after she has been defiled” (Deuteronomy 24:2, 4, excerpt). Immediate Literary Context Deuteronomy 24:1-4 is a single legal unit. Verse 2 is a subordinate clause (“when she has gone out...”) inside a conditional case-law structure. The focus of the statute is actually verse 4—the prohibition on the first husband’s reclaiming the woman. Verse 2 simply recognizes a step that normally occurred between the first and possible re-marriage. Therefore, the verse “allows” remarriage only in the sense that the civil law acknowledges its reality and makes provision for it. Historical-Cultural Background 1. Ancient Near-Eastern divorce documents (e.g., the Elephantine papyri, 5th c. B.C.; ketubah clauses from Judean desert caves) show that a written certificate released a woman from all previous marital obligations and explicitly stated, “You are free to marry any man you desire.” 2. Israelite women, without male economic protection, faced poverty or slavery (cf. 2 Kings 4:1). The Torah’s requirement of a certificate and its implicit permission to remarry safeguarded a woman’s livelihood and social standing in a patriarchal setting. 3. Comparative law: the Code of Hammurabi (§ 130-37) allowed a husband to reclaim a former wife with impunity. Deuteronomy uniquely prohibits that exploitation—underscoring its moral superiority and divine compassion. Legal Purpose of the Passage • REGULATION, NOT ENDORSEMENT The statute does not command divorce or remarriage; it limits damage that sin has already caused (cf. Matthew 19:8). • PROTECTION OF THE WOMAN By certifying freedom to remarry, the law secures her future; by forbidding the first husband to reclaim her, it prevents trafficking and polygynous abuse. • MAINTAINING COVENANT PURITY Israel’s land was holy (Deuteronomy 24:4b). Permitting a revolving-door marriage would “bring sin upon the land.” The finality of the first divorce underscores the seriousness of marriage vows. Theological Principles Embedded 1. Concession to Hardness of Heart—acknowledged by Jesus (Matthew 19:8-9; Mark 10:4-5). 2. Compassion for the Vulnerable—echoing God’s repeated concern for widows and the oppressed (Deuteronomy 10:18). 3. Sanctity and Finality—preventing casual divorce-and-return cycles elevated marriage above mere contractual property exchange. Scriptural Harmony • God hates divorce (Malachi 2:16), yet permits it under Mosaic civil law as a damage-control measure. • New-Covenant teaching heightens the standard: “whoever divorces his wife, except for sexual immorality, and marries another commits adultery” (Matthew 19:9). The concession remains descriptive of Israel’s civil code, not prescriptive for discipleship ethics under Christ. • Paul affirms that a deserted believer is “not bound” (1 Corinthians 7:15), reflecting the same principle of compassionate release. No contradiction exists; each covenant stage applies God’s unchanging character to the people’s spiritual capacity of that era. Archaeological Corroboration Excavations at Ketef Hinnom burial caves (7th c. B.C.) unearthed silver amulets containing the priestly blessing, proving literacy and written covenantal formulas in pre-exilic Judah. That milieu naturally accommodates written divorce certificates as Deuteronomy describes. Answer to the Core Question Deuteronomy 24:2 “allows” a divorced woman to remarry because: 1. The certificate confers legal freedom, safeguarding her life and lineage. 2. The law, while never idealizing divorce, realistically mitigates its fallout in a fallen world. 3. The allowance is a component of a broader statute whose ultimate goal is to protect the sanctity of marriage by banning its trivialization. Contemporary Application Believers today uphold marriage’s permanence while extending grace to those harmed by divorce. Churches must combine unwavering commitment to God’s design with merciful care and material support—emulating the balance of justice and compassion revealed in Deuteronomy 24. |
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