Deuteronomy 24:1

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 xix. 3. (Haydock) --- Our Lord does not take notice of the limitation here added by Moses; (Matthew v. 31) nor do the Pharisees, when he asks them, What did Moses command you? (Mark x. 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. iii. 9.) --- 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. (Buxtorf, Syn. xxix.) (Calmet) --- 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. i. 11.) (Worthington)