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Deuteronomy 24:1 - Divorce: when love fades?

Deuteronomy 24:1 - דברים 24:1

Hebrew Text

כִּי־יִקַּח אִישׁ אִשָּׁה וּבְעָלָהּ וְהָיָה אִם־לֹא תִמְצָא־חֵן בְּעֵינָיו כִּי־מָצָא בָהּ עֶרְוַת דָּבָר וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ׃

English Translation

When a man has taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he has found some unseemliness in her: then let him write her a bill of divorce, and give it in her hand, and send her out of his house.

Transliteration

Ki-yikach ish isha u-ve'alah ve-hayah im-lo timtza-chen be-einav ki-matzah bah ervat davar ve-chatav lah sefer keritut ve-natan be-yadah ve-shilchah mi-beito.

Hebrew Leining Text

כִּֽי־יִקַּ֥ח אִ֛ישׁ אִשָּׁ֖ה וּבְעָלָ֑הּ וְהָיָ֞ה אִם־לֹ֧א תִמְצָא־חֵ֣ן בְּעֵינָ֗יו כִּי־מָ֤צָא בָהּ֙ עֶרְוַ֣ת דָּבָ֔ר וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֽוֹ׃
כִּֽי־יִקַּ֥ח אִ֛ישׁ אִשָּׁ֖ה וּבְעָלָ֑הּ וְהָיָ֞ה אִם־לֹ֧א תִמְצָא־חֵ֣ן בְּעֵינָ֗יו כִּי־מָ֤צָא בָהּ֙ עֶרְוַ֣ת דָּבָ֔ר וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֽוֹ׃

🎵 Listen to leining

Parasha Commentary

The Context of Divorce in Jewish Law

The verse (Devarim 24:1) introduces the concept of get (divorce) in Jewish law. According to Rambam (Hilchot Gerushin 1:1-2), divorce is a halachic process that must be executed properly to dissolve a marriage. The Torah permits divorce but regulates it carefully to ensure fairness and dignity for both parties.

Interpretation of "Unseemliness" (עֶרְוַת דָּבָר)

Rashi explains that the term ervat davar ("unseemliness") refers to behavior or actions that are improper in the eyes of the husband, making the marriage untenable. The Talmud (Gittin 90a) records a debate between Beit Shammai and Beit Hillel regarding the scope of this term:

  • Beit Shammai: Limits it to cases of adultery or serious moral failing.
  • Beit Hillel: Expands it to include anything that displeases the husband, even trivial matters like burning his food.

Halacha follows Beit Hillel, but later authorities emphasize that divorce should not be taken lightly and should only be pursued after serious consideration.

The Process of Giving a Get

The verse outlines the proper procedure for divorce:

  • Writing a Bill of Divorce (Sefer Keritut): The get must be written specifically for the couple, as ruled by Rambam (Hilchot Gerushin 4:1).
  • Placing It in Her Hand: The husband must physically give the get to his wife or her agent (Gittin 64b).
  • Sending Her from His House: The divorce must be final, severing all marital ties.

Moral and Ethical Considerations

The Midrash (Sifrei Devarim 269) teaches that although divorce is permitted, it is deeply regrettable, as the verse in Malachi (2:16) states, "For I hate divorce, says Hashem." The Talmud (Gittin 90b) further advises that a man should not divorce his first wife unless there is a compelling reason, as the altar "sheds tears" over such separations.

Protection of the Wife's Rights

The requirement of a written get ensures that the divorce is formalized and prevents impulsive or abusive actions. The Rambam (Hilchot Gerushin 1:2) emphasizes that a woman cannot be divorced against her will unless under very specific circumstances, reinforcing the Torah’s concern for fairness.

📚 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 proper writing and delivery of a bill of divorce (get).
📖 Kiddushin 6a
The verse is referenced in discussions about the legal requirements for divorce and the husband's obligations in the process.
📖 Sotah 2a
The verse is mentioned in relation to the concept of finding favor or disfavor in marriage, connecting it to broader themes of marital harmony and discord.

Frequently Asked Questions

Q: What does Deuteronomy 24:1 mean?
A: Deuteronomy 24:1 discusses the laws of divorce in Jewish tradition. It states that if a man marries a woman and later finds 'some unseemliness' (ervat davar) in her, he may write her a bill of divorce (get), give it to her, and send her away from his home. The verse establishes the basic procedure for divorce according to Torah law.
Q: What is considered 'some unseemliness' (ervat davar) in this verse?
A: The term 'ervat davar' is interpreted differently in Jewish tradition. Beit Shammai (a school of thought in the Talmud) understands it literally as referring to immoral behavior. Beit Hillel (another school) interprets it more broadly as anything displeasing to the husband, even burning his food (Gittin 90a). The halacha follows Beit Hillel's view, though divorce is discouraged for trivial reasons.
Q: Why is the bill of divorce (get) important in Jewish law?
A: The get is crucial because without it, a woman remains halachically married (agunah) and cannot remarry. The Torah requires this formal document (Deuteronomy 24:1-4) to ensure the divorce is done properly. The Talmud (Gittin) details exact requirements for a valid get, showing its importance in Jewish law.
Q: Can a woman initiate divorce according to this verse?
A: Deuteronomy 24:1 mentions only the husband initiating divorce, which reflects the Torah's basic law. However, Jewish law developed mechanisms where a beit din (rabbinical court) can compel a husband to give a get in certain situations (Ketubot 77a). Also, a ketubah (marriage contract) includes obligations that, if violated, may justify divorce proceedings.
Q: How does this verse apply to Jewish marriage today?
A: This verse remains the Torah foundation for divorce in Orthodox Judaism today. While the husband must give the get, contemporary batei din work to protect women's rights in divorce cases. The proper execution of a get prevents mamzerut (illegitimacy) issues for future marriages, showing the lasting relevance of these Torah laws in Jewish life.