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Deuteronomy 24:3 - Second marriage's divorce dilemma?

Deuteronomy 24:3 - דברים 24:3

Hebrew Text

וּשְׂנֵאָהּ הָאִישׁ הָאַחֲרוֹן וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ אוֹ כִי יָמוּת הָאִישׁ הָאַחֲרוֹן אֲשֶׁר־לְקָחָהּ לוֹ לְאִשָּׁה׃

English Translation

And if the latter husband hate her, and write her a bill of divorce, and give it in her hand, and send her out of his house; or if the latter husband, who took her to be his wife, should die,

Transliteration

Usne'ah ha'ish ha'acharon vechatav lah sefer keritut venatan beyadah veshilchah mibeito o ki yamut ha'ish ha'acharon asher-lakachah lo le'ishah.

Hebrew Leining Text

וּשְׂנֵאָהּ֮ הָאִ֣ישׁ הָאַחֲרוֹן֒ וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּית֑וֹ א֣וֹ כִ֤י יָמוּת֙ הָאִ֣ישׁ הָאַחֲר֔וֹן אֲשֶׁר־לְקָחָ֥הּ ל֖וֹ לְאִשָּֽׁה׃
וּשְׂנֵאָהּ֮ הָאִ֣ישׁ הָאַחֲרוֹן֒ וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּית֑וֹ א֣וֹ כִ֤י יָמוּת֙ הָאִ֣ישׁ הָאַחֲר֔וֹן אֲשֶׁר־לְקָחָ֥הּ ל֖וֹ לְאִשָּֽׁה׃

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Parasha Commentary

Context in Devarim (Deuteronomy) 24:3

This verse appears in the context of the laws concerning divorce and remarriage. It discusses a scenario where a woman who was divorced from her first husband marries a second husband, who then either divorces her or dies. The Torah outlines the halachic ramifications of these situations, particularly regarding whether she may return to her first husband.

Rashi's Explanation

Rashi (Devarim 24:3) explains that the phrase "וְשְׂנֵאָהּ הָאִישׁ הָאַחֲרוֹן" ("and if the latter husband hates her") refers to a situation where the second husband develops a dislike for his wife, leading him to divorce her. Rashi emphasizes that the term "שנאה" (hatred) here does not necessarily imply intense animosity but rather a loss of affection, which is sufficient grounds for divorce under halachah.

Halachic Implications of Divorce

  • The verse specifies that the husband must write her a "סֵפֶר כְּרִיתֻת" (bill of divorce) and place it in her hand. This follows the detailed laws of get (Jewish divorce) outlined in the Torah and elaborated in the Talmud (Gittin).
  • The Rambam (Hilchos Gerushin 1:1) rules that a divorce must be given willingly by the husband and accepted by the wife to be valid. The phrase "וְנָתַן בְּיָדָהּ" underscores the necessity of her receiving the document directly.

Scenario of the Second Husband's Death

The verse also mentions the alternative case where "כִי יָמוּת הָאִישׁ הָאַחֲרוֹן" ("the latter husband dies"). In such a case, the woman becomes a widow. The Talmud (Yevamot 24a) discusses whether she may return to her first husband, depending on whether the second marriage was fully halachically valid.

Midrashic Insight

The Midrash (Sifrei Devarim 269) connects this verse to the broader theme of marital harmony. It teaches that divorce, while sometimes necessary, is a tragic outcome, and the Torah's detailed laws aim to ensure fairness and dignity in the process. The phrase "וְשִׁלְּחָהּ מִבֵּיתוֹ" ("and send her out of his house") is seen as a caution against hasty divorces, emphasizing the gravity of dissolving a marriage.

Practical Halachah

In practical halachah, this verse forms the basis for the prohibition of a woman returning to her first husband after being married to another man (Devarim 24:4). The Gemara (Gittin 85a) derives from here that a proper get must be given to finalize the divorce before any remarriage can occur.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Gittin 85a
The verse is discussed in the context of the laws of divorce, particularly regarding the validity of a divorce document (get) and the conditions under which a woman may remarry.
📖 Yevamot 29a
The verse is referenced in discussions about the laws of levirate marriage (yibbum) and the circumstances under which a woman is released from this obligation.

Frequently Asked Questions

Q: What does Deuteronomy 24:3 mean?
A: Deuteronomy 24:3 discusses the laws of divorce in Jewish tradition. It states that if a woman remarries after being divorced from her first husband, and her second husband either divorces her or passes away, she cannot return to her first husband. This is to maintain proper boundaries in marital relationships, as explained in the Talmud (Gittin 90a) and Rashi's commentary.
Q: Why is this verse about divorce important in Judaism?
A: This verse is important because it establishes clear guidelines for divorce and remarriage in Jewish law (halacha). The Torah emphasizes the sanctity of marriage, and this verse helps prevent improper relationships by forbidding a woman from returning to her first husband after a second marriage. The Rambam (Hilchos Gerushin 11:12) elaborates on these laws to ensure ethical conduct in marital matters.
Q: What can we learn from Deuteronomy 24:3 today?
A: We learn the importance of respecting the sanctity of marriage and the seriousness of divorce. Jewish tradition teaches that divorce should not be taken lightly, and this verse reminds us of the lasting consequences of marital decisions. The Midrash (Sifrei Devarim) also highlights that proper conduct in relationships is essential for a moral society.
Q: How does Jewish law interpret the phrase 'writes her a bill of divorce' in this verse?
A: The phrase refers to a 'get' (Jewish bill of divorce), which must be written and delivered according to strict halachic guidelines. The Talmud (Gittin 2a) explains that a valid get must be given willingly by the husband and accepted by the wife. Rashi adds that this process ensures clarity and fairness in divorce proceedings.
Q: Does this verse apply to modern Jewish divorce cases?
A: Yes, the principles in this verse still apply today under Orthodox Jewish law. A woman who remarries after divorce cannot return to her first husband if her second marriage ends, whether by divorce or death. Contemporary rabbinic authorities, referencing the Shulchan Aruch (Even HaEzer 10), uphold these laws to maintain Torah standards in marriage and divorce.