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In Matthew, Pharisees ask Jesus if divorce is allowed for any cause, stating Bet Hillel’s view found in tractate Gittin. Jesus restricts divorce to sexual unfaithfulness, following the ruling established by Bet Shammai, appealing to creation.
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2500 BCE
1000+ CE
Matthew 19:3
New Testament
2 Large crowds followed him, and he healed them there. 3 Then some Pharisees came to him in order to test him. They asked, “Is it lawful to divorce a wife for any cause?” 4 He answered, “Have you not read that from the beginning the Creator made them male and female, 5 and said, ‘For this reason a man will leave his father and mother and will be united with his wife, and the two will become one flesh’? 6 So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate.” 7 They said to him, “Why then did Moses command us to give a certificate of dismissal and to divorce her?” 8 Jesus said to them, “Moses permitted you to divorce your wives because of your hard hearts, but from the beginning it was not this way. 9 Now I say to you that whoever divorces his wife, except for immorality, and marries another commits adultery.” 10 The disciples said to him, “If this is the case of a husband with a wife, it is better not to marry!”
Gittin 90a
Babylonian Talmud
Rabbinic
And the halakha is that she is permitted to both of them. MISHNA: Beit Shammai say: A man may not divorce his wife unless he finds out about her having engaged in a matter of forbidden sexual intercourse [devar erva], i.e., she committed adultery or is suspected of doing so, as it is stated: “Because he has found some unseemly matter [ervat davar] in her, and he writes her a scroll of severance” (Deuteronomy 24:1). And Beit Hillel say: He may divorce her even due to a minor issue, e.g., because she burned or over-salted his dish, as it is stated: “Because he has found some unseemly matter in her,” meaning that he found any type of shortcoming in her. Rabbi Akiva says: He may divorce her even if he found another woman who is better looking than her and wishes to marry her, as it is stated in that verse: “And it comes to pass, if she finds no favor in his eyes” (Deuteronomy 24:1). GEMARA: It is taught in a baraita that Beit Hillel said to Beit Shammai: But isn’t the word “matter” already stated in the verse, indicating that any disadvantageous matter is a legitimate reason for divorce? Beit Shammai said to them: But isn’t the word “unseemly [ervat]” already stated?
Date: 450-550 C.E. (based on scholarly estimates)
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Notes and References
"... The standard citation is the Mishnah, Gittin 9:10: 'The House of Hillel says [that he may divorce his wife] even if she has merely spoiled his food.... Rabbi Akiva says, [he may divorce her] even if he finds another woman more beautiful than she is.' Therefore, conclude the scholars, Jesus's injunctions against divorce protect the rights of women by curtailing Jewish patriarchal privilege. There was, however, no general rule in the first century concerning the grounds on which one could obtain a divorce. The statements in the Mishnah are prescriptive rather than descriptive: they propose what, in the rabbis' ideal world, people should or could do rather than describing what people did do. In the case of divorce, the argument in Gittin 9 concerns what some rabbis found to be legally possible, not necessarily what they considered to be desirable or even socially sanctioned. Further, this particular Mishnaic citation is just as truncated and therefore just as skewed as the one used to show how 'Jews' regarded Samaritan women as impure. The Mishnaic passage actually begins with a citation from the school of Shammai, the rival to the Hillelite branch, which unequivocally states, 'A man should not divorce his wife unless he has found her guilty of some unseemly conduct.' This version of the Law derives from Deuteronomy 24:1 ..."
Levine, Amy-Jill
The Misunderstood Jew: The Church and the Scandal of the Jewish Jesus
(pp. 141-142) Harper San Francisco, 2006
* The use of references are not endorsements of their contents. Please read the entirety of the provided reference(s) to understand the author's full intentions regarding the use of these texts.
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