REPUDIATION, or Divorce. The Law of Moses allowed Polygamy and Divorce among the Hebrews.1 We have already spoke of the Article of DIVORCE, and more at length in a Dissertation upon the same Subject, before our Commentary upon Deuteronomy.Leo of Modena, Ceremonies of the Jews, p. 4. c. 4. We shall only relate here what Leo of Modena says, concerning the modern Practice of the Jews in this Respect. A young Girl under ten Years of Age, whether she has a Father or not, if she is become a Widow, and afterwards marries an Husband by the Consent of her Mother and Brethren, and this Husband should happen to displease her, she may be unmarried again, till she has attained the Age of Twelve Years and a Day, which is the Age at which she commences Woman. It is enough for her to say, that she will not have such an one for her Spouse, of which she must take two Witnesses, who must put down her Refusal in Writing; and by Virtue of this Writing she is unmarried, and may marry again to whom she pleases. He that has defiled a Maid, or who has corrupted her in any manner, is obliged to take her to Wife by the Sentence of the Judges, without having it in his Power ever to put her away, and must give Fifty Shekels to the Father of the Woman. Deut. xxii. 28, 29.
Deut. xxiv. 1.Moses allows a Man to put away his Wife, when he finds her disagreeable to him. When a Man hath taken a Wife and married her, and it come to pass that she find no Favour in his Eyes, because he hath found some Uncleanness in her; then let him write her a Bill of Divorcement, and give it in her Hand, and send her out of his House. What may be meant by the Uncleanness here mentioned, has been great Matter of Inquiry; and the Commentators may be consulted hereupon. But this is the Practice of the modern Jews, according to Leo of Modena. Though a Woman should give Leo of Modena, Ceremonies of the Jews, p. 4. c. 6no Occasion of Complaint to her Husband by her Conduct, yet he may divorce her, if he found her not agreeable to him. However, except in the Case of Jealousy, or of some Misbehaviour with which he could accuse his Wife, he ought not to divorce her. But to prevent any Abuse that might attend this Indulgence of the Law, the Rabbins have contrived many Formalities to be gone through, to make the Affair tedious and troublesome; so that it often happens, that before the Divorce can be compleated, the Parties have chang’d their Minds, are reconciled again to each other, and live together in Friendship afterwards.
The Form of these Letters of Divorce, which they call Get, and which they give to a Woman, is drawn up by a Scribe, in the Presence Get. See the Talmud tract. Gittin.of one or more learned Rabbins. It ought to be written upon ruled Vellum, and to contain neither more nor less than twelve Lines, and this with square Letters, and a Thousand other little trifling Circumstances which must be observed, as well in the Characters and the Manner of writing, as in the Names and Surnames of the Man and Woman. Besides, neither the Scribe, nor the Rabbins present, nor the Witnesses, are to be akin either to the Man or Woman, or to each other. This is the Substance of the Bill of Divorce. Upon such a Day of such a Month, of such a Year, I such an one voluntarily divorce thee, dismiss thee, and set thee free, thee such an one, who hast been formerly my Wife; and I permit thee to marry again with whomsoever thou pleasest. Signed by such and such, as Witnesses.
The Bill being written, the Rabbin examins the Husband with what Subtilty he is able, to find out whether it is with his full and free Consent that he repudiates his Wife. If it can be done, they take care2 that at least ten Persons may be present at this Action, besides the two Witnesses that sign, and two others to witness the Date. After this the Rabbin examines the Woman, and then the Husband gives her the Parchment into her Hands, extended and placed by each other, saying at the same time, “ Here is thy Repudiation, I separate thee “ from my self, and leave thee at Liberty “ to marry whoever thou pleasest.” The Woman takes it, and gives it to the Rabbin, who reads it once more ; after which she is at full Liberty. There are besides, several other little Observances, which for Brevity I omit ; they were only invented to create Delay and Difficulty, that the Parties may have the greater Opportunity of an Accommodation. The Rabbin advises the Woman not to marry again in less than three Months, for fear she may already be with Child. When they depart from thence, the Man and Woman separate from each other, and may no longer dwell together ; and each of them may marry again to whom they think convenient. This is what Leo of Modena says of this Matter.
Moses by the Terms of the Law, allows only Men to divorce their Wives ; at least, he says nothing that may give any Colour for Women to take this Liberty with their Husbands : And in the Old Testament we have no Example of any such Divorce, that is plain and explicit. Salome the Sister of Herod the Great, is the first that we know, who made a Divorce between herself and her Husband Costobarus ; in which she acted, says JosephusJoseph. Antiq.l.15. c. 11. Matt. xiv. 3. Mark vi. 17., against the Laws of the Jews, which did not allow Wives to put away their Husbands, and which forbid such to marry others, without first obtaining a Bill of Divorce from their former Husbands. Herodias also, mention’d in the Gospel, had quitted her Husband, Joseph. l. 18. c. 7. Joseph.lib. de vita sua.as may be inferr’d from what Josephus says of her. This Author says, that his own Wife also, whom he married after he had obtain’d his Freedom, quitted him at Alexandria, a little after he had marry’d her. Jesus Christ takes Notice of the same Custom, when he says, If a Woman shall put away her Husband, and be married to another, she committeth Adultery. The three Sisters of the younger Agrippa, King of Trachonitis and Batanea, all usurped this Right of putting away their Husbands. Berenice the Elder, who had first marry’d Herod King of Chalcis her Uncle, afterwards marry’d Polemon King of Pontus, and repudiated him some time after. Ma-riamne the Sister of Berenice forsook Joseph. Antiq.l.20. c. 5. p.693. e. f.Archelaus her first Husband, and marry’d Demetrius the Alabarch, or Head of the Joseph. ibidem.Jews of Alexandria. Lastly, Drusilla, after having been married to Aziz King of Emesa, left him some time after, and married Felix the Governor of Judea.
As to the Practice of Repudiation among Christians, limited, as it is by our Saviour, to the Case of Adultery only, we have already spoke of it under the Article DIVORCE. Our Dissertation may be read upon this Subject, as also Selden’s Uxor Hæbraica, and the Commentators upon Matth. v. 32.
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