1. What is the legal ruling contained in the "plain meaning" of the biblical passage (Deuteronomy 24:1-4)?
From this text in Deuteronomy, the rabbis derive two basic aspects of the legal framework for marriage. First, from the phrase "If a man takes a woman to be his wife," the rabbis deduced that betrothal (the first stage of rabbinic marriage) requires a formal act of acquisition, or "taking." Second, the rabbis deduced that divorce is accomplished when a man gives his wife a writ of divorce.
Clearly, the man is in control of the betrothal/marriage and divorce, a reflection of the context and time in which the Mishnah, and Torah, were written.
Clearly, the man is in control of the betrothal/marriage and divorce, a reflection of the context and time in which the Mishnah, and Torah, were written.
2. What details from the biblical passage do the rabbis use to support the legal framework for marriage and divorce that they create?
The second half of each statement (which treat language that relates to the man and not the woman) teach us that it is written here [In Deuteronomy 24] “If a man takes [a woman],” not that he takes himself, and here it is written “And sends her out,” not that he sends himself out. [Babylonian Talmud, Kiddushin, 5b-6a]. They then go on to explain in more detail about exact wording, and how it makes a difference. Very specific wording as to the taking and sending out is critical for the rabbis.
The words that a man says when he betroths [a woman] must have the sense that he acquires a woman; their sense cannot be that he grants himself to her. ...it is written “When a man takes” and not that he takes himself. (Shulhan Arukh, Even Ha'ezer, Chapter 27, Paragraph 6).
How [does a man divorce a woman]? He writes to her [in the writ of divorce] “You are sent out” “You are divorced” “You are your own” “You are permitted to any man” or anything of that sort, and she is divorced....as it is written “And he sends her” not that he sends himself... (Maimonides, Mishneh Torah, Book of Women, Laws of Divorce, 1:4). ...And there is also one who says that if he were speaking to her beforehand with regard to her writ of divorce, then she is possibly divorced (i.e., her status is in doubt). (Shulhan Arukh, Even Ha'ezer, Chapter 136, Paragraph 3).
The second half of each statement (which treat language that relates to the man and not the woman) teach us that it is written here [In Deuteronomy 24] “If a man takes [a woman],” not that he takes himself, and here it is written “And sends her out,” not that he sends himself out. [Babylonian Talmud, Kiddushin, 5b-6a]. They then go on to explain in more detail about exact wording, and how it makes a difference. Very specific wording as to the taking and sending out is critical for the rabbis.
The words that a man says when he betroths [a woman] must have the sense that he acquires a woman; their sense cannot be that he grants himself to her. ...it is written “When a man takes” and not that he takes himself. (Shulhan Arukh, Even Ha'ezer, Chapter 27, Paragraph 6).
How [does a man divorce a woman]? He writes to her [in the writ of divorce] “You are sent out” “You are divorced” “You are your own” “You are permitted to any man” or anything of that sort, and she is divorced....as it is written “And he sends her” not that he sends himself... (Maimonides, Mishneh Torah, Book of Women, Laws of Divorce, 1:4). ...And there is also one who says that if he were speaking to her beforehand with regard to her writ of divorce, then she is possibly divorced (i.e., her status is in doubt). (Shulhan Arukh, Even Ha'ezer, Chapter 136, Paragraph 3).
3. Please compare the appropriate grounds for divorce (or lack thereof) found in the Mishnah and in the Gospels of Mark and Matthew. Is there agreement between any of the opinions in the Mishnah and the text of either gospel?
Mark has Jesus saying, 11 He said to them, “Whoever divorces his wife and marries another commits adultery against her; 12 and if she divorces her husband and marries another, she commits adultery.” (Mark 10:11-12). While Matthew has Jesus saying, 9 And I say to you, whoever divorces his wife, except for [a case of] adultery, and marries another commits adultery.” (Matthew 19:3-9).
In the Mishnah, the rabbis also read Deuteronomy 24:1 as indicating what the proper grounds for divorce are, and it is interpreted as dictating grounds for divorce in the Mishnah as follows:
The House of Shammai says that a man cannot divorce his wife unless he discovers that she has committed adultery, as it is said “Because he finds something objectionable about her.” The House of Hillel says that [he can divorce her] even if she burnt his food, as it is said “Because he finds something objectionable about her. Rabbi Akiva says even if he found another more beautiful than she, as it is said “but she does not please him." (Mishnah Gittin 9:10).
Point 1––Jesus seems to first establish the equality of men and women, and to extent the right to establish betrothal/marriage and divorce to women as well as men.
Mark has Jesus saying, 11 He said to them, “Whoever divorces his wife and marries another commits adultery against her; 12 and if she divorces her husband and marries another, she commits adultery.” (Mark 10:11-12). While Matthew has Jesus saying, 9 And I say to you, whoever divorces his wife, except for [a case of] adultery, and marries another commits adultery.” (Matthew 19:3-9).
In the Mishnah, the rabbis also read Deuteronomy 24:1 as indicating what the proper grounds for divorce are, and it is interpreted as dictating grounds for divorce in the Mishnah as follows:
The House of Shammai says that a man cannot divorce his wife unless he discovers that she has committed adultery, as it is said “Because he finds something objectionable about her.” The House of Hillel says that [he can divorce her] even if she burnt his food, as it is said “Because he finds something objectionable about her. Rabbi Akiva says even if he found another more beautiful than she, as it is said “but she does not please him." (Mishnah Gittin 9:10).
Point 1––Jesus seems to first establish the equality of men and women, and to extent the right to establish betrothal/marriage and divorce to women as well as men.
Point 2–– Mark's presentation of Jesus' words closely matches that of Shammai, while Matthew's closely follows that of Hillel.
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