Divorce permitted to avoid greater evil: the newly married must not go to war: of men stealers, of leprosy, of pledges, of labourers’ hire, of justice, and of charity to the poor.
Diuorce permitted to auoide greater euil. 5. The newly maried must not goe to warre. 7. He that traterously selleth a man must be slaine, 8. disobedience to Priestes incurreth leprosie 10. Such things may not be taken to pledge, as can not be wel spared. 14. Poore laborers must be presently payed. 16. not one punished for an others fault, but right iudgement to al, 18. and liberalalmes to the poore.
1If a man take a wife, and have her, and she find not favour in his eyes, for some uncleanness: he shall write a bill of divorce, and shall give it in her hand, and send her out of his house.Se un uomo prende moglie, e la tien seco, ma ella non è amata da lui per qualche cosa di turpe, scriverà un libello di ripudio, e porrallo in mano a lei, e la manderà via di sua casa.IF a man take a wife, and haue her, and she finde not grace before his eies for sonne lothsomenes: he shal write a bil of diuorce, and shal geue it in her hand, and dimisse her out of his house.Si acceperit homo uxorem, et habuerit eam, et non invenerit gratiam ante oculos ejus propter aliquam fœditatem: scribet libellum repudii, et dabit in manu illius, et dimittet eam de domo sua. 2And when she is departed, and marrieth another husband,E se questa dopo che se n'è andata, prende altro marito,And being departed when she shal haue married an other husband,Cumque egressa alterum maritum duxerit, 3And he also hateth her, and hath given her a bill of divorce, and hath sent her out of his house or is dead:E questi ancora la prende in avversione, e le dà il libello del ripudio, e la manda via di casa sua, ovvero sia venuto a morire;and he also hateth her, and hath geuen her a bil of diuorce, and hath dimissed her out of his house, or is deade:et ille quoque oderit eam, dederitque ei libellum repudii, et dimiserit de domo sua, vel certe mortuus fuerit: 4The former husband cannot take her again to wife: because she is defiled, and is become abominable before the Lord: lest thou cause thy land to sin, which the Lord thy God shall give thee to possess.Non potrà il primo marito prenderla di nuovo per moglie: perocché ella è contaminata, ed è divenuta abbominevole dinanzi al Signore: onde tu non contaminare la terra, di cui il Signore Dio tuo ti darà il possesso.the former husband can not take her againe to wife: because she is polluted, and is made abominable before our Lord: lest thou make thy Land to sinne, which our Lord thy God shal deliuer thee to possesse.non poterit prior maritus recipere eam in uxorem: quia polluta est, et abominabilis facta est coram Domino: ne peccare facias terram tuam, quam Dominus Deus tuus tradiderit tibi possidendam. 5When a man hath lately taken a wife, he shall not go out to war, neither shall any public business be enjoined him, but he shall be free at home without fault, that for one year he may rejoice with his wife.Se un uomo poco tempo prima ha preso moglie, non andrà alla guerra, né saragli imposta veruna pubblica incumbenza, ma saragli lecito di badare a casa sua, onde per un anno stiasi lieto colla sua moglie.When a man hath lately taken a wife, he shal not goe forth to battel, neither shal any publique necessitie be inioyned him, but he shal attend to his owne house without fault, that one yeare he may reioyce with his wife.Cum acceperit homo nuper uxorem, non procedet ad bellum, nec ei quippiam necessitatis injungetur publicæ, sed vacabit absque culpa domi suæ, ut uno anno lætetur cum uxore sua.
6Thou shalt not take the nether, nor the upper millstone to pledge: for he hath pledged his life to thee.Non porterai via in luogo di pegno la macina inferiore, e la superiore, che così uno verrebbe a impegnare a te la propria vita.Thou shalt not take for a pledge the nether, or the vpper milstone: because he hath pledged his life to thee.Non accipies loco pignoris inferiorem, et superiorem molam: quia animam suam opposuit tibi. 7If any man be found soliciting his brother of the children of Israel, and selling him shall take a price, he shall be put to death, and thou shalt take away the evil from the midst of thee.Se si verrà a scoprire, che un uomo ha subornato un suo fratello dei figliuoli d'Israele, e che vendutolo, ne ha ricevuto il prezzo, ei sarà messo a morte: e torrai di mezzo a te l'iniquità.If any man be taken soliciting his brother of the children of Israel, and selling him take a price, he shal be slaine, and thou shalt take away the euil from the middes of thee.Si deprehensus fuerit homo sollicitans fratrem suum de filiis Israël, et vendito eo acceperit pretium, interficietur, et auferes malum de medio tui. 8Observe diligently that thou incur not the stroke of the leprosy, but thou shalt do whatsoever the priests of the Levitical race shall teach thee, according to what I have commanded them, and fulfil thou it carefully.Guardati diligentemente dal pericolo di tirarli addosso la piaga della lebbra: ma usa tutte quelle cose, che ti saranno insegnate da' sacerdoti della stirpe di Levi, secondo i precetti dati loro da me, e mettile in pratica con esattezza.Obserue diligently that thou incurre not the plague of leprosie, but thou shalt doe whatsoeuer the priestes of the Leuitical stocke shal teach thee, according to that, which I haue commanded them, and fulfil thou it carefully.Observa diligenter ne incurras plagam lepræ, sed facies quæcumque docuerint te sacerdotes Levitici generis, juxta id quod præcepi eis, et imple sollicite. 9Remember what the Lord your God did to Mary, in the way when you came out of Egypt.Ricordatevi di quello che il Signore Dio vostro fece a Maria per viaggio, quando voi uscivate dall'Egitto.Remember what our Lord your God did to Marie, in the way when you came out of Aegypt.Mementote quæ fecerit Dominus Deus vester Mariæ in via cum egrederemini de Ægypto. 10When thou shalt demand of thy neighbour any thing that he oweth thee, thou shalt not go into his house to take away a pledge:Quando tu richiederai dal tuo prossimo qualche cosa, ch'ei dee darti, non entrerai in casa sua a prendere il pegno:When thou shalt require of thy neighbour any thing, that he oweth thee, thou shalt not enter into his house to take away a pledge:Cum repetes a proximo tuo rem aliquam, quam debet tibi, non ingredieris domum ejus ut pignus auferas:
11But thou shalt stand without, and he shall bring out to thee what he hath.Ma te ne starai fuora, ed egli ti porterà fuori quello che avrà:but thou shalt stand without, and he shal bring forth to thee that which he hath.sed stabis foris, et ille tibi proferet quod habuerit. 12But if he be poor, the pledge shall not lodge with thee that night,E se poi egli è povero, il pegno non pernotterà in tua casa,but if he be poore, the pledge shal not lodge with thee that night,Sin autem pauper est, non pernoctabit apud te pignus, 13But thou shalt restore it to him presently before the going down of the sun: that he may sleep in his own raiment and bless thee, and thou mayst have justice before the Lord thy God.Ma subito glielo renderai prima del tramontare del sole: affinché dormendo nella sua veste, ti benedica, e tu abbi meritato dinanzi al Signore Dio tuo.but forthwith thou shalt restore it to him before the going downe of the sunne: that sleeping in his rayment, he may blesse thee, & thou mayest haue iustice before our Lord thy God.sed statim reddes ei ante solis occasum: ut dormiens in vestimento suo, benedicat tibi, et habeas justitiam coram Domino Deo tuo. 14Thou shalt not refuse the hire of the needy, and the poor, whether he be thy brother, or a stranger that dwelleth with thee in the land, and is within thy gates:Non negherai la mercede all'indigente, e al povero tuo fratello, e al forestiero, che abita teco nel tuo paese, e dentro la tua città:Thou shalt not denie the hyre of the needie, and poore man thy brother, or the stranger, that dwelleth with thee in the land, and is within thy gates:Non negabis mercedem indigentis, et pauperis fratris tui, sive advenæ, qui tecum moratur in terra, et intra portas tuas est: 15But thou shalt pay him the price of his labour the same day, before the going down of the sun, because he is poor, and with it maintaineth his life: lest he cry against thee to the Lord, and it be reputed to thee for a sin.Ma lo stesso dì gli pagherai il salario delle sue fatiche prima del tramontare del sole, perché egli è povero e con questo sostenta la sua vita: affinché egli non alzi le strida al Signore contro di te, e ti sia imputato a peccato.but the same day thou shalt pay him the price of his labour, before the going downe of the sunne, because he is poore, and there withal susteyneth his life: lest he crie against thee to our Lord, and it be reputed to thee for a sinne.sed eadem die reddes ei pretium laboris sui ante solis occasum, quia pauper est, et ex eo sustentat animam suam: ne clamet contra te ad Dominum, et reputetur tibi in peccatum.
16The fathers shall not be put to death for the children, nor the children for the fathers, but every one shall die for his own sin,Non saran messi a morte i padri pe' loro figliuoli, né i figliuoli pei padri, ma ciascuno per lo peccato proprio morrà.The fathers shal not be slaine for the children, nor the children for the fathers, but cuerie one shal die for his owne sinne.Non occidentur patres pro filiis, neque filii pro patribus, sed unusquisque pro peccato suo morietur. 17Thou shalt not pervert the judgment of the stranger nor of the fatherless, neither shalt thou take away the widow’s raiment for a pledge.Non disfavorirai la causa del forestiero, e del pupillo, né prenderai per pegno dalla vedova la sua veste.Thou shalt not peruert the iudgement of the stranger and the pupil, neither shalt thou take away the widowes rayment for a pledge.Non pervertes judicium advenæ et pupilli, nec auferes pignoris loco viduæ vestimentum. 18Remember that thou wast a slave in Egypt, and the Lord thy God delivered thee from thence. Therefore I command thee to do this thing.Ricordati, che tu fosti schiavo in Egitto, e di là ti trasse il Signore Dio tuo. Per questo io ti ordino di far così.Remember that thou didst serue in Aegypt, and our Lord thy God deliuered thee from thence Therfore I command thee that thou doe this thing.Memento quod servieris in Ægypto, et eruerit te Dominus Deus tuus inde. Idcirco præcipio tibi ut facias hanc rem. 19When thou hast reaped the corn in thy field, and hast forgot and left a sheaf, thou shalt not return to take it away: but thou shalt suffer the stranger, and the fatherless and the widow to take it away: that the Lord thy God may bless thee in all the works of thy hands.Quando mieterai le biade nel tuo campo, se ti scordi d'un manipolo, non tornare indietro a pigliarlo: ma lascialo pigliare al forestiero, al pupillo, e alla vedova, affinché il Signore Dio tuo benedica tutte le opere delle tue mani.When thou hast reaped the corne in thy field, and forgetting hast left a sheafe, thou shalt not returne to take it away: but thou shalt suffer the stranger, and the pupil, and the widow to take it away, that our Lord thy God may blesse thee in al the worke of thy handes.Quando messueris segetem in agro tuo, et oblitus manipulum reliqueris, non reverteris, ut tollas illum: sed advenam, et pupillum, et viduam auferre patieris, ut benedicat tibi Dominus Deus tuus in omni opere manuum tuarum.
20If thou have gathered the fruit of thy olive trees, thou shalt not return to gather whatsoever remaineth on the trees: but shalt leave it for the stranger, for the fatherless, and the widow.Se raccogli le ulive, non tornerai a pigliare quel che è rimaso sulle piante: ma lascialo al forestiero, al pupillo, e alla vedova.If thou haue gathered the fruites of thy oliue trees, whatsoeuer remaineth on the trees, thou shalt not returne to gather it: but shalt leaue it to the stranger, the pupil, and the widow.Si fruges collegeris olivarum, quidquid remanserit in arboribus, non reverteris ut colligas: sed relinques advenæ, pupillo, ac viduæ. 21If thou make the vintage of thy vineyard, thou shalt not gather the clusters that remain, but they shall be for the stranger, the fatherless, and the widow.Se vendemmi la tua vigna, non prenderai i raspolli, ma rimarranno pel forestiero, pel pupillo, e per la vedova.If thou make vintage of thy vineyard, thou shalt not gather the clusters that remaine, but they shal goe to the vses of the stranger, the pupil, and the widow.Si vindemiaveris vineam tuam, non colliges remanentes racemos: sed cedent in usus advenæ, pupilli, ac viduæ. 22Remember that thou also wast a bondman in Egypt, and therefore I command thee to do this thing.Ricordati, che già tu fosti schiavo in Egitto, e per questo io ti ordino di far così.Remember that thou also didst serue in Aegypt, and therfore I command thee that thou doe this thing.Memento quod et tu servieris in Ægypto, et idcirco præcipio tibi ut facias hanc rem.
24:1
Year of the World 2553.
Haydock
Uncleanness. Tertullian (contra Marc. iv.) reads, "if she be found guilty of any impurity," negotium impudicum. Septuagint, "unseemly action;" and many learned commentators suppose that Moses only allows a divorce in cases of adultery, or in those which render the woman dangerous to a family, as if she had the leprosy, or some other infectious disorder, or was likely to corrupt the morals of her children, or if she were barren. The Pharisees were divided among themselves in determining the sense of this law, (Calmet) and they endeavoured to inveigle our Saviour, by proposing the question to him. If it were lawful for a man to put away his wife for every cause, quacumque ex causa, or for any reason whatsoever, Matthew 19:3. (Haydock)
Calmet
Our Lord does not take notice of the limitation here added by Moses; (Matthew 5:31.) nor do the Pharisees, when he asks them, What did Moses command you? (Mark 10:3.) Whence it seems, that the liberty which was taken was very great, and that the limitation was not regarded. Our Saviour, nonetheless, alludes to it, when he admits that Moses permitted a divorce, in case of adultery. But he recalls them to the institution of marriage, and will no longer allow people to marry again, even in this case, as Moses had been forced to permit the Jews, on account of the hardness of their heart. (Calmet)
Before this permission, the Jews were therefore, it seems, much addicted to this practice.
Bill. The law does not command divorces; but in case the parties come to such a determination, it requires a bill to be given to the woman. The Jews require the greatest formality in drawing it up, and witnessing it, and they say the divorce must take place upon a fountain or river. (Schikard. Jur. 3:9.)
Calmet
Munster gives this form of a bill: "The 4th day of the month of Sivan, of the year 5293 from the creation of the world, in this place and in this city of N, T.[I,?] N, son of N, had a mind to divorce, and has divorced N, daughter of N, who hitherto has been my wife; and I grant her leave to go whither she has a mind, and to marry whomsoever she pleases, so that no one shall hinder her. In witness whereof, I have given her this bill of divorce, according to the ordinances of Moses and of Israel." The Jews still assert their right to put away their wives. (Buxt. Syn. xxix.) (Calmet)
Worthington
But it is sinful for them, or for any other, to marry the woman divorced, till the first husband be dead. If they do, they are guilty of adultery, as our Saviour and St. Paul repeatedly inculcate. (St. Augustine, de Adult. Conj. 1:11.) (Worthington)
24:4
Haydock
Defiled. This insinuates that the second marriage was a real adultery, (Calmet) and only tolerated by the law to prevent greater evils. (Haydock)
Menochius
It might be said indeed that the woman was defiled, with regard to her former husband, who could not take her back without condemning his former proceeding (Calmet); as he would seem to have only lent her for some mean consideration. (Menochius)
Domitian took the privilege of a judge from a Roman knight, who had resumed his wife after he had divorced her for adultery. (Suetonius, viii.) But how then is the woman abominable before the Lord? Some say the thing itself is extremely dishonourable, as the Hebrew intimates, though the woman have done nothing but what the law allows. Grotius believes that the man might take back his wife, at any time, before she was married to another. But the Rabbins limit this privilege to three months after the date of separation. God forbids his priests to marry with those who had been divorced, as it is to be presumed that they have not been rejected by their former husbands without good reason, Leviticus 21:7. The man who cohabits with an adulteress, is deemed a fool; (Proverbs 18:22,) and some have believed, that it was necessary to put such away. But St. Paul advises a reconciliation, 1 Corinthians 7:11.
Calmet
To sin, or to incur the punishment due to it. (Calmet)
If the state connived at the transgression of the law, the judgments of God would fall upon the people.
24:5
Wife. This indulgence was granted to those who had married a widow also. Hebrew, "a new wife," as she was new to him, (Haydock) which right he could not claim, if he only resumed the one whom he had divorced. (R. Salom.; Drusius) See Deuteronomy 20:7.
24:6
Haydock
Life, or the means of supporting himself. (Haydock)
Procop
The upper millstone was deemed the less necessary. In more ancient times it was customary to dry the wheat by fire, and afterwards to pound it in a mortar. Then millstones were invented, which slaves of the meanest condition had to turn. Pliny ([Natural History?] 18:10,) mentions, that some few water-mills were used in his time. But this useful invention had been neglected, till Belisarius restored it again in the fifth century, when he was besieged in Rome by the Goths. (Procop.)
Jonathan, and the paraphrast of Jerusalem, explain this quite in a different sense: "Thou shalt not use any enchantment for the consummation of marriage, since it would be to destroy the lives of the children to be born."
24:7
Soliciting. Hebrew, "stealing a soul;" (Menochius) or decoying one to a distance from home, where he may have an opportunity of selling him for a slave. (Haydock) (Exodus 21:16.)
24:8
Calmet
Leprosy. Do nothing which may expose you to the danger of being infected, and if you have the misfortune to contract it, obey the directions of the priests. (Calmet)
Haydock
It seems from this and the following verse that God frequently punished disobedience to his ministers, as he did Mary [Miriam], (Numbers xii.,) by inflicting upon them this shameful disorder. (Haydock)
Menochius
So he punished king Ozias, 2 Paralipomenon xxvi. (Menochius)
Haydock
The design of this precept is, therefore, not so much to order people not to contract a disease, which they cannot perhaps always avoid, as to caution them against pride and rebellion. (Haydock)
24:10
Pledge. This was left to the choice of the debtor, provided he gave sufficient. The Athenian and Roman laws allowed a person to search his neighbour's house, for what he had lost: but he was to enter covered only with a short garment round his middle, (Calmet) to prevent his taking away any thing which did not belong to him.
24:12
Haydock
Night, if it be a garment or bed covering, which may be necessary for the poor man. (Haydock)
Menochius
By allowing the creditor to keep the pledge such a short time, God wished to discourage the taking of any from such as were in real distress. (Menochius)
Calmet
The same regulation required, that if a necessary implement for labour, during the day time, was pledged, it should be returned in the morning. (Calmet)
St. Augustine
This was done every day, to admonish the creditor and the debtor to exercise mercy and justice in their respective situations. The debtor was to remember to do his utmost in order to pay his debts. (St. Augustine, q. 41.)
Haydock
These daily debts were not remitted in the sabbatic years, according to the Rabbins, whose opinion seems very hard and inconsistent. (Haydock)
Calmet
Solomon advises not to stand bond for another's debts, Proverbs 20:16., and 22:26. Many nations in the Indies allowed no action at law to recover debts, as the creditor ought to have taken his precautions before he parted with his money or merchandize. (Stoboeus.; Strabo, xv.) (Calmet)
24:13
Menochius
Justice, or mercy, which never enters the breast of the unjust, Proverbs 12:10. (Menochius)
24:14
Haydock
Hire. Hebrew, "Commit no violence (or fraud) towards an hired servant," Leviticus 19:13. (Haydock)
24:15
Calmet
Maintaineth: encourageth him. (Calmet)
Haydock
Septuagint, "in it he placeth his hope." (Haydock)
Haydock
Day labourers are obliged to support themselves and families with their wages; (Menochius) so that if they agree to have them paid every day, it would be an injustice to detain them. (Haydock)
24:16
Calmet
Sin. Judges have no right to punish any but those who have transgressed. (Calmet)
Haydock
God may for reasons known to himself, which cannot be unjust, visit the sins of the fathers upon their children; (Exodus 20:5) and hence, (Josue vii.) he ordered the family of Achan to be involved in his punishment. Temporal sufferings, or death itself, are not however always a misfortune. They frequently prove a source of inconceivable blessings, Romans 5:3. (Haydock)
Calmet
The Rabbins understand, that fathers and children are not to be received as witnesses against each other, (Onkelos) which seems foreign to the sense of the present law. (Calmet)
24:17
Menochius
Pervert. Thou shalt not pass an unjust sentence upon any one, particularly (Haydock) upon those who are least able to defend themselves. (Menochius)
24:18
Haydock
This thing. It is uncertain whether this refer to the preceding or to the following law. It may be applied to both, as the remembrance of the Egyptian slavery might teach God's people not to oppress, but rather to shew mercy to those in distress. As the same thing is however repeated, ver. 22, it seems more probable that the present verse forbids any oppression. (Haydock)
24:19
Calmet
Forgot. The Rabbins say, that both the owner and the labourers must forget the sheaf: but this is a vain subtlety. (Calmet)
Menochius
Josephus ([Antiquities?] 4:8,) is more agreeable to the spirit of the law, when he (Haydock) observes that gleanings, and some of the fruit of the vine and olive trees, were to be left on purpose for the poor, Leviticus 19:9. (Menochius)
24:1
1. Dimisse her.] VVhether this diuorce was tollerated as a lesse sinne, to auoide a greater, as S. Hierom. (li. 1. in Mat. c. 5. & li 3. in c. 19.) S. Chrysostom. (ho. 12. in Mat. 5.) and others teach; or dispensed withal, and so made lawful to the Iewes, which is also probabtle, for hat none of the holie Prophetes VVhether the band of mariage could be ⸢l⸣oosed or no in the old law, amongst Christiās it can not be dissolued. did euer reprehend it; sure it is, that Christ either by correcting a fault, or by recalling a former dispensation, restored the insolubilitie of mariage to the first institution, saying: (Mat. 19.) That vvhich God hath ioyned together, let not man separate. Further answering the Phareses, concerning this law: that Moyses for the hardnes of your hart permitted you to dimisse your vviues: but from the beginning it vvas not so. And albeit he alloweth separation of man and wife for fornication, yet for no cause neither of them can marie againe, so long as the other liueth. As S. Augustin (li. 1. de adulter. coningijs. c. 11. & 12.) by conference of three Euangelistes wordes touching this point, plainly sheweth, concluding No not for adultrie. that for so much as holie Scripture calleth him (that taketh a woman so dimissed) not a husband, but an adulterer, she is stil his vvife, by vvhom for fornication she vvas dimissed. Likewise he proueth by S. Paules doctrin. (Rom. 7. & 1. Cor. 7.) that though diuorce be made for adultrie, yet neither the guiltie nor innocent partie can marie an other, for the Apostle saieth: a vvoman is vnder the lavv of her husband, so long as he liueth, if her husband be dead, she is loosed from his lavv. Therfore her husband liuing, she shal be called an aduoutresse, if she be vvith an other man. If she part let her remaine vnmaried, or be reconciled to her husband. A vvoman is bond to the lavv so long time, as her husband lieth, &c. These wordes of the Apostle (sayeth he, li. 2. c. 4.) so often repeted, so often incultated, are true, are liuclie, are sound, are plaine. A woman beginneth not to be the wife of a later hushand, except she cease to be the wife of the former And she caeseth to be the wife of the former, if he die, not if he (or she) committe adultrie. Therfore a wife is lawfully dimissed Only before consummatiō Mariage is dissolued by solemne vow in Religion. for fornication, but the bond of the former remaineth, for which cause he is guiltie of adultrie, that marieth her that is dimissed, yea though it be for fornication. Thus and much more sayeth. S. Augustin in the same, & in other bookes. And al the ancient fathers, and lerned schoolmen teach vniformly, that nothing but bodilie death can loose the band of Mariage consummate; nor of vnconsummate, but death, or solemne vow in an approued rule of religion.
24:6
This hebrew phrase signifieth, that pledging the thing wherin the meanes of life consisteth is as if he pledged his life.
24:15
In case the laborer susteyneth his life by his dailie wages, then not to pay him is in effect to kil him. and such sinne crieth to God for reuenge.
24:1
Tertullian † AD 220 The Five Books Against Marcion 4.34
… Moses, however, permitted repudiation in Deuteronomy: “When a man hath taken a wife, and hath lived with her, and it come to pass that she find no favour in his eyes, because he hath found unchastity in her; then let him write her a bill of divorcement and give it in her hand, and send her away out of his house.”
Origen † AD 254 Origen's Commentary on Matthew 14.18
… “But if a man taketh a wife and cohabit with her, and it shall be, if she do not find favour in his sight because he hath found in her a thing unseemly,” etc., down to the words, “and ye shall not pollute the land which the Lord your God giveth you for an inheritance.”
Origen † AD 254 Origen's Commentary on Matthew 14.21
… And even she who has gone away from her former dwelling may be joined to another husband, and be unfortunate with him, not only, as in the case of the former, not finding favour in his sight because an unseemly thing was found in her, but even being hated by him.
Origen † AD 254 Origen's Commentary on Matthew 14.24
… say, that when Jesus said, “Whosoever shall put away his own wife, saving for the cause of fornication, maketh her an adulteress,” He also gave permission to put away a wife like as well as Moses did, who was said by Him to have given laws for the hardness of heart of the people, and will hold that the saying, “Because he found in her an unseemly thing,”
St John Chrysostom † AD 407 The Homilies of St. John Chrysostom 17
He goes not on to what lies before Him, until He have well cleared out the former topics. For, lo, He shows us yet another kind of adultery. And what is this? There was an ancient law made,
St Jerome † AD 420 The Letters of St. Jerome 55.4
… or if the latter husband die which took her to be his wife; her former husband, which sent her away may not take her again to be his wife, after that she is defiled; for that is abomination before the Lord: and thou shalt not cause the land to sin, which the Lord thy God giveth thee for an inheritance.”
St Augustine of Hippo † AD 430 On the Good of Marriage 7
… where, by the interposition of divorce, without any offense of which man takes cognizance, both the woman is married to whom she will, and the man marries whom he will. And something like this custom, on account of the hardness of the Israelites, Moses seems to have allowed, concerning a bill of divorcement.
St Augustine of Hippo † AD 430 Reply to Faustus the Manichæan 19.26
26. Again, we shall find on examination, that there is no opposition between the precept of the Lord about not putting away a wife, and what was said by them of old time: "Whosoever putteth away his wife, let him give her a writing of divorcement."
St Augustine of Hippo † AD 430 Our Lord’s Sermon on the Mount 1.16
… But in this section of the Gospel nothing is to be more steadily kept in view, than that so great is the evil of fornication, that, while married people are bound to one another by so strong a bond, this one cause of divorce is excepted; but as to what fornication is, that we have already discussed.
24:3
Origen † AD 254 Origen's Commentary on Matthew 14.19
… And in the case of some of that synagogue there has happened the former thing which was written in the law, but in the case of others, that which was second. For the last husband
Origen † AD 254 Origen's Commentary on Matthew 14.20
Now there are those in whose case it has happened that the man dwells with them without having hated them, because they abide in the house of the last husband, who took to himself their synagogue as wife. But also in their case the latter husband dies,
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Origen † AD 254 Origen's Commentary on Matthew 14.20
… But whichever of these things may happen, whether the former or the latter to the wife, the former husband, it says, who sent her away, will not he able to turn back and take her to be a wife to himself after she has been defiled, since “it is abomination,” it says, “before the Lord thy God.”
Origen † AD 254 Origen's Commentary on Matthew 14.21
… but be that as it may, she also who has once fallen away from the former husband will not return again to him, for the former husband who sent her away will not be able to turn back and take her as wife to himself, after she was defiled.
Origen † AD 254 Origen's Commentary on Matthew 14.22
… for such a soul, having dwelt along with a second husband, and having been hated by such an one, can no longer, after the second bill of divorcement, return to her former husband.
24:12
Tertullian † AD 220 The Five Books Against Marcion 4.17
… Much more clearly is it enjoined in Deuteronomy: “Thou shalt not sleep upon his pledge; thou shalt be sure to return to him his garment about sunset, and he shall sleep in his own garment.”
24:16
Origen † AD 254 Origen Against Celsus 8.40
… It is this: “The mills of the gods grind slowly.” Another describes punishment as reaching “to children’s children, and to those who came after them.” How much better are those words of Scripture: “The fathers shall not be put to death for the children, nor the children for the fathers. Every man shall be put to death for his own sin.”
St John Chrysostom † AD 407 The Homilies of St. John Chrysostom on the Gospel of St. John 56
… This supposition He re moveth by the mouth of Ezekiel; “As I live saith the Lord, this proverb shall not be, that is used, The fathers have eaten sour grapes, and the children’s teeth are set on edge.” ( Ezek. xviii. 3, 2 .) And Moses saith, “The father shall not die for the child, neither shall the child die for the father.” (
24:1
1. IF A MAN SHALL TAKE A WIFE, AND SHALL NOT FIND FAVOUR IN HER EYES ON ACCOUNT OF SOME UNCLEANNESS, HE SHALL WRITE A BILL OF DIVORCE. For uncleanness in Hebrew is ערות eruat, that is nakedness, whence Tertullian, book IV Against Marcion, chapter XXXIV, reads: If in her shall be found a matter of lewdness, and from this concludes that it was lawful for the Jews to repudiate their wife on account of her fornication alone. The same opinion is held by Burgensis in chapter XIX of Matthew. But Origen, Chrysostom and interpreters throughout, both here and in Matthew XIX, 7, understand by uncleanness not fornication alone, but also other uncleannesses, both of soul and of body, and teach that on account of these repudiation was lawful, and the word "some" sufficiently indicates this; and the Hebrew texts which have: uncleanness of some matter. For in Hebrew eruat, that is nakedness, is taken by metonymy and by catachresis for uncleanness, or any shameful and foul matter: for nakedness is a most shameful and foul thing. Such therefore turpitude, or uncleanness, on account of which it was lawful to repudiate a wife, was for example leprosy, sterility, sorcery, perpetual quarrels, drunkenness, and other incorrigible vicious habits. For in fornication, or rather adultery, repudiation scarcely seems to have had a place; for if the crime were established, the adulteress was stoned, as is clear from Leviticus XX, 10; but if she were suspected of the crime, she was revealed by the waters of jealousy, which she was forced to drink, as is clear from Numbers V, 27. Note however: The Jews could not give a bill of divorce on account of any cause, or even slight uncleanness: this is indeed what Malachi, chapter II, verse 16, reproaching those who, enticed by the beauty of foreign women, repudiated their Hebrew wives, says: "If thou hatest her, put her away; but yet iniquity shall cover his garment," that is his body, which is as it were the garment of the soul, as St. Jerome says, as if to say: If for this reason, namely because she is not sufficiently beautiful, thou hatest and repudiatest thy wife, thou shalt sin, and the punishment of this sin shall be brought upon thy body by God. Then therefore he who repudiated sinned, but not she who was repudiated, because she was forced to depart. HE SHALL WRITE A BILL OF DIVORCE. Hence the opinion of those seems more probable who teach that repudiation was thus permitted to the Jews, that God dispensing with them in this matter, those repudiating were not sinning. Moreover, by this repudiation the bond of matrimony was dissolved, so that he who repudiated could marry another, and she who was repudiated could marry another (although others think otherwise, from the fact that in verse 4, such a repudiated woman is called polluted and abominable, concerning which see verse 4). For first, the manner and rite of repudiation is prescribed here; and by the very fact that once repudiated she is forbidden to return to her repudiating husband, it is sufficiently indicated that she could marry another man: whence in fact very many married another. This is what is signified by what is said in verse 2: "And when she is departed, and marrieth another man;" therefore the former marriage was already dissolved by repudiation. Otherwise indeed that old law would have permitted public and continual adulteries; for all the unions of repudiated women with new husbands would have been such, if the former marriage, once entered into with the one repudiating, had not been dissolved by repudiation; and consequently the children born from them would have been adulterous and spurious, and thus the inheritances of many would have devolved upon spurious children. Secondly, because otherwise the condition of women would have been too unjust, who were sometimes repudiated without any fault of their own, if they were afterwards obliged to live unmarried, nor could marry without sin. This is confirmed, because in Exodus XXI, 4, it is provided that in the seventh year he shall go out free, the wife remaining with the children a slave with her master: therefore either this wife could marry another, and thus the bond of the former marriage was already dissolved; or she could not, and thus she would have been obliged to remain unmarried her whole life, which seems too harsh in that law. Similarly in Deuteronomy XXI, 14, if a Hebrew had taken a captive woman in war as a wife, and she afterwards displeased him, the law permits him to repudiate her, and commands that the matrimonial bond be dissolved, as Theodoret says, Question XIX, yet so that she obtain freedom, as the price of the union. Thirdly, because in Hebrew it is, let him write a bill of cutting off; therefore by it the bond of matrimony was severed: this permission therefore was not a mere dissimulation of punishment, and impunity only, but also made the thing permitted, namely repudiation, lawful. Thus Abulensis, Burgensis, Cajetan, Oleaster and very many others whom Sanchez cites and follows think, tome III On Matrimony, book X, disputation 1. It was otherwise concerning usuries; for these are permitted to the Jews in chapter XXIII, verse 19, concerning foreigners merely, namely so that such usurers could not be punished by the judge, nor could usuries be recovered from them. You will say: Christ, in Matthew XIX, 8, says to Moses that on account of the hardness of heart of the Jews, he permitted them divorce; therefore this was merely a permission, which namely did not punish those divorcing. I answer that this hardness was the cause why God granted divorce, namely lest the Jews, unable to divorce their wives, should kill them. Yet this concession made it so that divorce was lawful; because God, on account of the hardness of the Jews, dispensed with the law of matrimony with them, and provided for their weakness (for it is the part of a good ruler to adapt his laws to the genius and character of his people), especially since this was done for the sake of this mystery. For by the divorce of the Jews was signified that God, having repudiated the Synagogue of the Jews, would espouse to himself the Church from the Gentiles. And for this reason it came about that the marriages of the Jews did not have the character of a Sacrament, as do the marriages of Christians, nor did they signify the indissoluble union of Christ with our nature, and with the Church, as, after the Incarnation of Christ has been accomplished, do the marriages of the faithful signify, which are therefore altogether indissoluble. Note: This right of divorce only husbands had, not wives. Thus Josephus, book XV, chapter XI, where he says that Salome, sister of Herod, contrary to the law which permits divorce to husbands alone, divorced her husband Costobarus: "For our law," he says, "permits the right of divorce to husbands alone; but to women, even if dismissed, it is not permitted to marry unless with the permission of their former husband." The law has this first concerning husbands, the latter concerning dismissed women, that they not marry without the permission of the husband, the law does not have; but if that is true, it was introduced by custom, by which husbands usurped this right. Yet wives could make a separation of bed on account of the adultery of the husband and other just causes. For this right permits to Christians and to any Gentiles the law of nature. A BILL OF DIVORCE. In Hebrew it is a bill of keritut, that is of cutting off, or separation. Note: This bill is called letters of dismissal: for thus even now we call a bill of petition letters of petition. For the Hebrew ספר sephar, that is book, signifies any letters, a catalogue, a narrative, a bull, etc. The Hebrews hand down, and from them Vatablus, Oleaster and others, that the formula of the bill of divorce was this: "I, R. Simeon, son of R. Abraham, son of R. David, son of R. Solomon, on the first day of the second month, in the year 5296 from the creation of the world, here and in this city, by the consent of my mind, and without any compulsion, have divorced Rachel, daughter of R. Moses, son of R. Joseph, son of R. Jacob; and I have given to her a bill of divorce in her hand, a document of separation, and a seal of division, so that she be cast off from me, and may go wherever she wishes, and no one may be able to forbid her, according to the ordinances of Moses and Israel." The formula of the bill of divorce among the Romans, as is evident from the Civil Law, title On Divorces, was this: "Take care of your things, have your things for yourself"; and divorce ought to be made before a judge in judicial form, as is evident from the same title. And it is likely that the Jews also did thus. That the Medes and Persians also used divorce is evident from Esther I, 19, where Assuerus divorces Vashti. The same is evident concerning the Philistines from Judges XV, 2. Hear the reason for writing this bill from St. Augustine, book XIX Against Faustus, chapter XXVI: "God," he says, "interposed this delay, so that the mind, headlong into discord, broken by the writing of the bill, might desist, and might think what an evil it is to dismiss a wife, especially because the scribes, whose business it was to write letters, as prudent men, were dissuaders of discord." Another reason was, so that the matter might be done legitimately and juridically, lest the one divorcing afterwards deny the divorce, and against the law receive back the divorced woman. Again, so that the divorced woman might be provided for, and she might be able to enter into new marriages. For by this bill, she demonstrated to all that she was free and released from her former husband and marriage; otherwise indeed this matter would have been subject to adulteries and disputes, as we have seen happen in clandestine marriages. Finally, Christ, in Matthew XIX, 8 and following, absolutely revokes the dispensation of God in the law of matrimony, and takes away all right of divorce, and restores matrimony itself to its original nature, institution and indissolubility; so that now after Christ, divorce is permitted neither to Christians, nor to Jews, nor to Pagans, nor to any of mankind. Therefore Paul Fagius and the heretics err, who teach that divorce is still permitted to Christians.
24:4
4. HE SHALL NOT BE ABLE TO TAKE HER AGAIN TO WIFE, BECAUSE (in Hebrew, after) SHE IS DEFILED, AND HAS BECOME ABOMINABLE BEFORE THE LORD. He calls the repudiated woman defiled, not because she committed sin by entering into a second marriage; for otherwise she ought to be forbidden to marry a third person; but because she had been known by another, namely a second husband, and polluted by his seed, and therefore it was not lawful for her to return to the first, because with respect to him she was abominable, or, as the Hebrew has it, because this is an abomination before the Lord. Namely, because the return to the husband who repudiated her is abominable and altogether forbidden by God, both because this circular return to marriage has the appearance of adulterous cohabitation, and seems to be merely a feigned and palliated divorce, and also because otherwise an easier access would have been given to divorces and repudiations, if after a second marriage it had been lawful to return to the first; but now a husband was more reluctant to repudiate his wife, knowing that he could never take her back. Thus Cajetan and Oleaster. THAT THOU MAYEST NOT CAUSE THY LAND TO SIN, that thou mayest not pollute thy land. Thus the Septuagint, as if to say, Let not the land be polluted by the sin of disobedience against this law, and let not God impute this sin to it and punish it; because namely the first husband, contrary to the law, by taking back a wife once repudiated by him and polluted by another's seed, and therefore become abominable to him, rendered himself polluted, abominable and infamous, and was so regarded by all; by doing this, the land itself was as it were polluted, because it suffered a foul and shameful thing to be done upon it. Thus in Genesis XXXVIII, 7, Her and Onan polluted the land upon which they spilled their seed, and which consequently they rendered liable to divine punishment, namely to sterility, locusts, caterpillars, famine, pestilence, etc., on account of the wickedness of those dwelling in it. Thus Abulensis and Cajetan. See the remarks on Leviticus XVIII, 28.
24:6
6. THOU SHALT NOT TAKE THE NETHER AND THE UPPER MILLSTONE IN PLEDGE (the millstone, that is, the millstone, or both, or one or the other, so that he cannot grind. In Hebrew the lower millstone is called רחים rechaim, because it breathes and as it were blows out the flour ground from it; for רוח ruach means to breathe, whence ruach is spirit. The upper millstone is called רכב recheb, because it as it were rides upon the lower; he adds the reason), BECAUSE HE HATH PLEDGED HIS LIFE TO THEE, that is, as the Hebrew and Septuagint have it, because he gives his life in pledge. For, as the Chaldee renders it, with these millstones food is made for every soul, as if to say, While thou takest the millstones in pledge, thou takest the life of the miller and of others; because by this millstone the miller lives and prepares his sustenance, and supplies flour and food to many others. Tropologically, St. Gregory, XXXIII Moral. XVI, and from him Rupert and Rabanus. The pledge of the debtor is the confession of the sinner; the upper millstone is hope, the lower is fear. These therefore are forbidden to be taken in place of a pledge: because he who preaches to a sinner ought to compose his preaching with such discretion that he neither withdraws fear while hope is abandoned, nor leaves him in fear alone while hope is withdrawn.
24:7
7. ENTICING HIS BROTHER, that is, his brother, that is, his neighbor, to subject himself to him and follow him to foreigners, to whom he may sell him. Whence the Hebrew, Chaldee and Septuagint, for enticing, have stealing, that is, kidnapping; for kidnapping is the theft of a man, by which namely a man is seized into servitude or sold, which is a great sin and injury, and therefore is punished here with death.
24:8
8. TAKE HEED THOU INCUR NOT THE PLAGUE OF LEPROSY. Thus also the Chaldee renders it, take heed, he says, carefully lest thou fall into the plague of leprosy, that thou mayest guard thyself greatly and do according to all things which the priests shall teach you, as if to say, Thou shalt observe and guard thyself that thou mayest not contract leprosy, if thou shalt do those things which the priests teach thee; but if thou shalt be rebellious to them, fear lest thou be smitten with leprosy, as Mary was smitten because she had murmured against Moses. Hence it is clear that leprosy was a scourge which God sent upon the rebellious and those who despised their superiors, especially the Ecclesiastical. Hence also King Ozias, wishing to burn incense against the will of the priests, was smitten with leprosy, IV Kings XV, 5. See the remarks on Leviticus XIII, at the beginning of the chapter.
24:10
10. THOU SHALT NOT ENTER INTO HIS HOUSE (of thy neighbor) TO TAKE A PLEDGE, lest namely, having entered his house, thou takest in pledge a thing necessary or especially useful to thy neighbor; allow therefore thy neighbor to bring to thee of his own accord in place of a pledge that which he wishes, and which he can best spare.
24:12
12. BUT IF HE BE POOR, THOU SHALT NOT SLEEP WITH HIS PLEDGE. The rich are commanded here, who have received from the poor in pledge a garment or another thing necessary to him, to return this pledge to him every evening, that at night he may warm himself with his garment and use his thing; but in the morning they are permitted every day to take it again in pledge, so that by this means the poor man may be stimulated to pay quickly what he owes them.
24:13
13. THAT THOU MAYEST HAVE JUSTICE BEFORE THE LORD THY GOD, "justice," that is, mercy: thus the Septuagint, that is, the merit and reward of mercy. Thus Daniel IV, 24, for what we have: "Redeem thy sins with alms," the Chaldean which is the original in that book has, redeem thy sins with justice. Whence our Interpreter also frequently takes justice for mercy, as Prov. XI, 4: "Justice (that is, alms) delivereth from death;" for it preceded: "Riches shall not profit in the day of vengeance;" and Psalm CXI, 9, which the Apostle cites, II Cor. IX, 9: "He hath dispersed, he hath given to the poor, his justice (that is, his alms) remaineth for ever and ever." Mercy therefore is called justice, because mercy is the proper virtue of the just and holy, and the same person is both holy and merciful. Whence also the holy one in Hebrew is called חסיד chasid, that is, pious; on the contrary, "the bowels of the wicked are cruel," as it is said in Prov. XII, 10. See the remarks at II Cor. IX, 9.
24:14
14 AND 15. THOU SHALT NOT REFUSE THE HIRE OF THE NEEDY, etc. BUT THOU SHALT GIVE HIM THE PRICE OF HIS LABOUR THE SAME DAY, etc., BECAUSE HE IS POOR, AND WITH IT HE MAINTAINETH HIS LIFE. The wage is here commanded to be paid to the poor on the same day in which they laboured, before the setting of the sun; because they must live from it daily, and support their family.
24:16
16. THE FATHERS SHALL NOT BE PUT TO DEATH FOR THE CHILDREN. Lyra thinks that a penalty, not only of loss but also of sense, namely torments and death, can be inflicted upon children for the sins of their parents, and that not only by God, but also by men, namely by judges and princes. But this is contrary to this verse, and Gabriel Vasquez well refutes it, III, Question LXXXIII, art. 4, disp. 135, cap. III.
24:19
19. WHEN THOU REAPEST THE CORN IN THY FIELD, AND FORGETTEST A SHEAF, THOU SHALT NOT GO BACK TO FETCH IT. Gleaning and grape-gathering after the vintage are here commanded to be left for the poor, both by this passage and by Levit. XIX, 9; the same is decreed concerning the fruits, that is, the produce, of olives remaining in the olive grove after gathering. These therefore are precepts of mercy, not of justice. Note in this chapter how much God is the guardian and avenger of the poor, and how much he wishes them to be helped and not harmed: "Lest he cry," says verse 15, "against thee to the Lord, and it be reputed to thee for a sin." A famous example, known by the mouth of all, exists in Holland: for the wife of the Count of Holland, repelling a poor beggar woman and accusing her of adultery, because she had such a numerous offspring, was cursed by her so that she would bear as many offspring as there are days in the year. God heard the curse, and caused the wife of the Count to bear 365 offspring in one birth, all of whom were baptized and died shortly after baptism. A picture of this prodigy exists in the convent of virgins between Leyden and The Hague of the Count. Crantzius in his History of Wandalia and the annals of the Brunswickers in the year of the Lord 1313 relate that the same thing happened to Margaret, wife of the Count of Holstein. Whether this is the same prodigy as the former, so that neighbouring reports of Holstein and Holland deceived them, I do not labour over, provided we do not doubt that the matter is most true.
Machine translation from the Latin, not reviewed.
24:1
… for 31:9 the Mosaic authenticity of our book must be held by divine faith: thus A. Bea), on the singular importance of Moses' personal work and on the ancient national tradition (cf. II Kings 14:6 = Deut. 24:16; Bar. 2:2 ff. = Deut. 28:53; Mt. 19:8 = Deut. 24:1; Acts 3:22 = Deut. 18:15, 19; Rom. 10:19 = Deut. 32:21, etc.). …
… However, in time the right of divorce was recognized for the husband (Deut. 24:1-4). The generic motivation ("something shameful"), given as the cause of the separation, lent itself to a flexible interpretation. …
24:4
… A particular severity was required for the morality of the future wives of priests (ibid. 21:7). The high priest could marry only an Israelite virgin (ibid. 21:13 f.). A divorced woman who had subsequently remarried was forbidden a new marriage with her first husband (Deut. 24:4); a young heiress was permitted to unite only with one of the same tribe (Num. 36:6 ff.).
24:12
… One must give prominence to the testimonies of the P. itself on the parts written by Moses; to the references of the most ancient prophets to laws and traditions as known, recognized, widespread (thus Hos. 8:12, which speaks of a great quantity of written Töröth; Amos 2:8, which clearly refers to Deut. 24:12; etc.). …
24:16
Amasias (Heb. ʿAṭṭāṣa «Yahweh Fortifies»; Septuagint: ʿAṭṭāṣa)
father with clemency in accordance with Deut. 24:16, sparing the sons of the conspirators.
… themselves on data from the book itself (4:13 ff.; 31:9, 24; for 31:9 the Mosaic authenticity of our book must be held by divine faith: thus A. Bea), on the singular importance of Moses' personal work and on the ancient national tradition (cf. II Kings 14:6 = Deut. 24:16; Bar. 2:2 ff. = Deut. 28:53; Mt. 19:8 = Deut. 24:1; Acts 3:22 = Deut. 18:15, 19; Rom. 10:19 = Deut. 32:21, etc.). …
24:17
Among the Hebrews, widowhood was a state of desolation and entailed particular prohibitions (cf. Gen. 38, 14, 19; Judg. 10, 2; 16, 9; II Sam. 20, 3; Lev. 21, 14). Thus the widow is a being who commends herself by her very condition to pity (cf. Ex. 22, 22; Deut. 24, 17; 19, 21; 14, 29; 26, 12-13; 16, 11, 14; 10, 18; 27, 19; 22, 24); very often, having no close relatives to defend her, she is at the mercy of the violent (cf. Job 22, 9; 34, 3, 21; …
24:19
… It prescribes the recitation of the blessings: Šēma (v.), the eighteen blessings, blessings over food, after meals, at the close of the Sabbath, on the occasion of natural phenomena, of extraordinary events. b) Pē'āh ("edge" of the field): deals (with reference to Lev. 19:9; 23:22; Deut. 24:19 and following) with the owner's obligation to leave the edges of the field free at harvest time for the poor and the stranger, so that they may glean there, and the forgotten sheaves. …
24:20
… Dan. 4:24); it is preferable to fasts and even to sacrifices themselves (cf., for example, Is. 1:11-17; 58:5-7). Indeed the Old Testament also establishes certain concrete forms of aid to the poor (cf., for example, Lev. 19:9 ff.; 23:22; Deut. 14:28; 24:20).
Douay-Rheims (Challoner) · Vulgata Clementina · original Douay-Rheims (Douay 1609-10), transcription by EEBO-TCP (CC0) · La Sacra Bibbia, tradotta dalla Volgata da Antonio Martini (1769-1781) (LaParola (laparola.net), Martini OSIS text, Public domain (LaParola's electronic edition marks it 'Dominio pubblico')). Public domain.