Tool Beta
The Ancient World Behind the Text: Ideas
The customs, offices and ideas a first reader knew without being told, what each meant then, and the nearest thing you already know.
Divorce and the certificate
A Jewish husband ended a marriage, or a betrothal, by handing his wife a written certificate before witnesses that left her free to marry again, and the teachers argued over the grounds. In Greek and Roman law either partner could end a marriage by leaving.
One signed sheet of paper, two witnesses, and the marriage was over. Under Jewish law a husband could divorce his wife by writing her a certificate. The paper's main job was to free her to marry someone else. Teachers argued about what reasons were good enough, and money and public shame rode on how it was done.
The certificate's key phrase was "You are now free to marry another man" (the ESV Study Bible cites the Mishnah, Gittin 9.3). Josephus has a man who divorces his wife for any cause give her writing that "he will never use her as his wife any more," so that she may remarry. A divorce needed only a document and two witnesses, unless the wife sought it, when a judge was required. A man who divorced a faithful wife gave back what she had brought into the marriage. He kept it from an unfaithful wife, whom law and custom required him to divorce. Hillel's school permitted divorce on any grounds, Shammai's only for sexual immorality. The CSB Study Bible says rabbinic commentaries multiplied grounds, such as fading beauty or burnt food. Since Jewish law in principle allowed a man more than one wife, only the wife's divorce was a legal question. The imbalance was ancient. In Old Babylonian law, about 2004 to 1595 BC, a husband could divorce his wife easily, though he had to pay her support. She had to prove to the city council that he had slandered her without cause, and an Assyrian husband of that era said "You are not my wife!" (Podany). In Greek and Roman marriage either partner could end it with little notice. Divorce was widespread in a city such as Corinth, and the children normally went to the father. Judean marriage contracts bound a husband to have intercourse with his wife, and teachers debated how long he could vow to abstain. Roman law made a husband who learned of his wife's adultery divorce her or face a charge of pimping. Jews punished adultery with divorce and shame.
An analogy: a release form in a contract dispute. Once it is signed and witnessed the other party is free to deal with someone else, and everyone argues about what reasons justify signing it.
The certificate explains how Joseph could end a betrothal quietly in Matthew 1:19, and why Jesus speaks of it in Mark 10:4. Because the grounds were debated between the schools, a question about divorce was a test of which side a teacher took. Where Greek and Roman law let either partner walk out, the words not bound in 1 Corinthians 7:15 echo the certificate's freedom to remarry.
Not a release both sides sign. A contract release is agreed by both parties. Under Jewish law the husband wrote the certificate, and a judge came in only when the wife sought the divorce. Greek and Roman law let either partner leave.
How to read Matthew 5:32. Keener reads it partly as hyperbole, a vivid warning against breaking a marriage, since Jesus elsewhere treats divorce as real though wrong. The ESV Study Bible reads it as a rule with one stated exception. The CSB Study Bible says Jesus held to Deuteronomy's original sense against the multiplied grounds.
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- NIV Cultural Backgrounds Study Bible, notes on Matthew 1:19, 5:31 and 5:32
- Craig S. Keener, The IVP Bible Background Commentary: New Testament, on Matthew 1:19 and 5:31-32
- ESV Study Bible, study note on Matthew 5:31-32
- CSB Study Bible, note on Matthew 5:31
- Josephus, Antiquities of the Jews 4.8.23, trans. William Whiston
- Craig S. Keener, The IVP Bible Background Commentary: New Testament, on 1 Corinthians 7:3, 7:5, 7:10-11, 7:12-13, 7:14 and 7:15
- NIV Cultural Backgrounds Study Bible, notes on 1 Corinthians 7:3, 7:11 and 7:15
- Craig S. Keener, The IVP Bible Background Commentary: New Testament, on 1 Thessalonians 4:6
- NIV Cultural Backgrounds Study Bible, note on 1 Thessalonians 4:6
- Amanda H. Podany, The Ancient Near East: A Very Short Introduction, ch. 6, The activities of Assur-idi, merchant, and ch. 7, Daily life
