The concept of a "Certificate of Divorce" is rooted in the biblical texts and is primarily discussed in the context of Mosaic Law. The term refers to a formal document that legally recognized the dissolution of a marriage, allowing both parties, particularly the woman, to remarry without the stigma of adultery.

Old Testament Context

The primary reference to a Certificate of Divorce is found in Deuteronomy 24:1-4. According to the Berean Standard Bible , the passage states:

"When a man takes a wife and marries her, and it happens that she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce, puts it in her hand, and sends her out of his house, and she leaves his house and goes and becomes another man's wife, and the latter husband turns against her, writes her a certificate of divorce, puts it in her hand, and sends her out of his house, or if the latter husband who took her to be his wife dies, then her former husband who sent her away is not allowed to take her again to be his wife after she has been defiled, for that is an abomination before the LORD. You must not bring sin upon the land the LORD your God is giving you as an inheritance."

This passage outlines the procedure and conditions under which a man could divorce his wife. The "indecency" mentioned has been the subject of much debate among scholars and religious leaders, with interpretations ranging from sexual immorality to other forms of marital dissatisfaction.

New Testament Context

In the New Testament, Jesus addresses the issue of divorce and the Certificate of Divorce in the Gospels. In Matthew 5:31-32 , Jesus states:

"It has also been said, ‘Whoever divorces his wife must give her a certificate of divorce.’ But I tell you that anyone who divorces his wife, except for sexual immorality, brings adultery upon her. And he who marries a divorced woman commits adultery."

Similarly, in Matthew 19:7-9 , the Pharisees question Jesus about the legality of divorce:

"Why then, they asked, did Moses order a man to give his wife a certificate of divorce and send her away? Jesus replied, 'Moses permitted you to divorce your wives because of your hardness of heart. But it was not this way from the beginning. Now I tell you that whoever divorces his wife, except for sexual immorality, and marries another woman, commits adultery.'"

Jesus' teachings emphasize the sanctity and permanence of marriage, highlighting that the provision for divorce was a concession to human weakness rather than a divine ideal.

Cultural and Historical Considerations

In ancient Israelite society, the Certificate of Divorce served as a protective measure for women, who were often vulnerable in the event of marital dissolution. By providing a formal document, the law aimed to prevent women from being unjustly accused of adultery and to ensure their right to remarry.

The issuance of a Certificate of Divorce also reflects the patriarchal structure of ancient society, where men held the primary authority in marital relationships. However, the requirement of a formal certificate suggests an early recognition of the need for legal and social order in personal relationships.

Theological Implications

The biblical teachings on divorce and the Certificate of Divorce underscore the importance of marriage as a covenantal relationship instituted by God. The allowance for divorce, while present, is portrayed as a deviation from God's original design for marriage. The New Testament teachings of Jesus call believers to a higher standard of marital fidelity and commitment, reflecting the transformative power of the Gospel in personal relationships.

The Certificate of Divorce remains a significant topic in theological discussions about marriage, divorce, and remarriage, as it raises questions about the balance between justice, mercy, and the pursuit of holiness in the Christian life.