give up your enemies before you. And your camp shall be set apart; and he will not see anyrb' êD" tw: år>[,, (erwath dabhar, ‘matter of nakedness' among you, and turn away from behindyou.It is obvious from this passage that the "matter of nakedness" or "indecency" has to dowith physical uncleanliness, with unsanitary conditions, that simply are unsuitable for peopleseeking to put forward their best appearance, and be the kind of people in whose midstYHWH God can be present (taken in a very literal, crude way, of YHWH walking in theircamp). <strong>In</strong> the light of this last passage (Deuteronomy 23:9-14), it seems apparent that the"matter of nakedness" has to do with physical uncleanliness, with personal habits and traits ofconduct that are so "unclean" that nausea and disgust are felt by the husband, leading him to"put his wife away."Even so, holds this Deuteronomic legislation, the woman must still have her rightsprotected!S. R. Driver notes that "The grounds mentioned in the Mishnah as justifying divorceare, violation of the law of Moses, or of Jewish customs, the former being said to consist in awoman's causing her husband to eat food, on which tithe has not been paid; in causing him tooffend against the law of Leviticus 18:19 [that is, having sexual intercourse during hermenstrual period], in not setting apart the first of the dough (Numbers 15:20-21), and in failingto perform any vow which she has made; and the latter in appearing in public with dishevelledhair, spinning (and exposing her arms) in the streets, and conversing indiscriminately withmen, to which others added, speaking disrespectfully of her husband's parents in hispresence, or brawling in his house (Kethuboth 7:6)...“The Karaite Jews limited the grounds of divorce more exclusively to offenses againstmodesty or good taste, a change of religion, serious bodily defects, and repulsive complaints.“ ...That the phrase rb'êD" tw:år>[, (erwath dabar denotes something short of actualunchastity, may be inferred from the fact that for this a different penalty is enacted, that is,death (22:22); in 23:14, also, the same expression is used, not of what is immoral, but only ofwhat is unbecoming. It is most natural to understand it of immodest or indecent behavior."(Deuteronomy, pp. 270-71)<strong>In</strong> Deuteronomy 24:1, the words translated "and he will write," can also be translated"and he shall write..." Jewish students commonly took this as an imperative, commanding thewriting of a divorce for the woman. However, it may well be that this is a matter of case-law,in which each of the verbs are used simply to describe what is happening in the situation--andthat the only imperative verb should be found in verse 4, "he will not be able..." Peter C.Craigie, in his commentary The Book of Deuteronomy, states that "<strong>In</strong> precise terms, there isonly one piece of legislation in this passage, that contained in verse 4a...The verses do notinstitute divorce, but treat it as a practice already known, which may be either a matter ofcustom or of other legislation no longer known." (Pp. 304-305) Both S. R. Driver and A. D. H.Mayes agree with this.907
We think that these three scholars, Craigie, Driver and Mayes, are correct in thisobservation, and the understanding that here YHWH "commands" divorce, is mistaken.Rather, as the Jewish <strong>Bible</strong> consistently holds, YHWH intends the permanence ofmonogamous marriage, and "hates" the Jewish practice of "putting away" wives--see Malachi2:16.But still, "putting away" and "divorce" are realities of human existence, and thislegislation recognizes it as a reality that must be dealt with.What is obvious is that the legislation is intended to protect the weaker person in themarital relationship, seeking to assure that a husband cannot arbitrarily dismiss and recall awife. If a husband finds sufficient reason to "send" his wife away, he must make thearrangement permanent, giving her the freedom to be remarried. She is not to simply be "putaway," without possibility of a new relationship, awaiting the whim of her husband's desire.She is to be treated as a human being with the need for intimate family relationship, and withthe right to form a new relationship once that former relationship has been broken.The Hebrew phrase ‘ttuyrIK. rp,seÛ, sepher kerithuth, translated above inDeuteronomy 24:1 as "a writing of cutting off," means "book," "document," or "writing" of"cutting off." This is the technical Hebrew phrase used to describe a legal "divorce document."It is used in Isaiah 50:1 and Jeremiah 3:8 in this same sense, except that in these twopassages it is YHWH himself who gives his "wife" Israel (Judah) a "document of cutting off."Such a document served as the legal "divorce decree," and any "putting away"unaccompanied by this document was not a "legal divorce."Craigie comments, "If the man decided to divorce the woman, he was to write out a billof divorce and formally serve it on the woman. She was then sent away from the man'shouse, but possession of the bill of divorce gave her a certain protection under law from anyfurther action by the man." (P. 305) Such further action might include the charge of adultery ifshe entered into a relationship with another man; but the "writing of cutting off" precluded sucha charge.Later Jewish law, as reflected in the Mishnah tractate Gittin, demanded that the divorcedocument had to be signed by witnesses before it was considered to be a legal document."The essential formula in the bill of divorce is, 'Look, you are free to marry any man'. RabbiJudah says: 'Let this be from me your writing of divorce and letter of dismissal and deed ofliberation, that you may marry whatsoever man you desire.’ The essential formula in a writingof emancipation is, 'Look, you are a freed woman: look, you belong to yourself'." (Gittin 9:3,adapting Herbert Danby's translation)The words at the end of Deuteronomy 24:1, "...And he places (it)..." can also betranslated, "...And he shall place (it)," reading the Hebrew verb as an imperative. <strong>In</strong> theJewish Mishnah, Gittin, this matter of formally "placing in the hand" plays a major role. Drivernotes, "The deed [writing of divorce] must, so to say, be formally served upon the wife. Theconditions which a deed of divorce (called in post-Biblical Hebrew a tg, gheth), in order to bevalid, must satisfy, and the formalities to be observed for its due delivery to the woman, asdefined by the later Jews, are stated at length in the treatise of the Mishnah called Gittin." (P.908
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