John Gill Commentary Matthew 5:31

"It was said also, Whosoever shall put away his wife, let him give her a writing of divorcement:" — Matthew 5:31 (ASV)

It has been said
It is not added here, as in the former instances, "by them of old time"; nor prefaced with these words, "you have heard"; because the case of divorce was not any law of Moses, or of God by him; but only a permission, because of the hardness of the hearts of the Jews: and as to the controversy, about the causes of divorce, this was not debated by them of old time, but was a new thing, just started in the time of Christ; and was a controversy then agitating, between the schools of Hillell and Shammai: the one allowing it upon any frivolous cause; the other, only on account of adultery.

Whosoever shall put away his wife ,
dissolve the marriage bond, dismiss her from his bed, and send her from his house, see (Deuteronomy 24:1Deuteronomy 24:2) "let him give her a writing of divorcement", (ttyrk rpo) , "a bill of divorcement", or "a book of cutting off". For though a wife was obtained by several ways, there was but one way of dismissing her, as the Jews observe ^F6.

and that was, by giving her a bill. The form of a writing of divorcement, as given by Maimonides ^F7, is as follows:

``On such a day of the week, in such a month, of such a year, either from the creation, or the epocha of contracts, according to the usual way of computation, which we observe in such a place; I such an one, the son of such an one, of such a place; or if I have any other name, or surname, or my parents, or my place, or the place of my parents; by my own will, without any force, I put away, dismiss, and divorce you. You, I say, who are such an one, the daughter of such an one, of such a place; or if you have any other name, or surname, or your parents, or your place, or the place of your parents; who were my wife heretofore, but now I put you away, dismiss and divorce you; so that you are in your own hand, and have power over yourself, to go, and marry any other man, whom you please; and let no man hinder you in my name, from this day forward and for ever; and lo! you are free to any man: and let this be unto you, from me, a bill of divorce, an instrument of dismission, and a letter of forsaking, according to the law of Moses and Israel.''

``Such an one, the son of such an one, witness. Such an one, the son of such an one, witness.''

Would you choose to have one of these bills, filled up in proper form, take it in manner ^F8 following.

``On the fourth day of the week, on the eleventh day of the month Cisleu, in the year five thousand four hundred and fifty four, from the creation of the world; according to the computation which we follow here, in the city of Amsterdam, which is called Amstelredam; situated by the sea side, called Taya, and by the river Amstel; I Abraham, the son of Benjamin, surnamed Wolphius, the priest; and at this time dwelling in the city of Amsterdam, which is called Amstelredam, which is situated by the sea side, called Taya, and by the river Amstel; or if I have any other name, or surname, or my parents, or my place, or the place of my parents; by my own free will, without any compulsion, I put away, dismiss, and divorce you, my wife Rebecca, the daughter of Jonas the Levite; who at this time abides in the city of Amsterdam, called Amstelredam, situated by the sea side, called Taya, and by the river Amstel; or if you have any other name, or surname, or your parents, or your place, or the place of your parents, who were heretofore my wife; but now I put you away, dismiss, and divorce you; so that you are in your own hands, and have power over yourself, to go and marry any other man, whom you please: and let no man hinder you in my name, from this day forward, and for ever; and lo! you are free to any man. Let this be to you, from me, a bill of divorce, an instrument of dismission, and a letter of forsaking, according to the law of Moses and Israel.''

``Sealtiel, the son of Paltiel, witness. Calonymus, the son of Gabriel, witness.''

This bill being written in twelve lines, neither more nor less, and being sealed by the husband, and signed by the witnesses, was delivered, either by him, or by a messenger, or deputy of his or hers, into her hand, lap, or bosom, in the presence of two persons; after which, she might, if she would, enrol it in the public records, and marry whom she pleased.

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FOOTNOTES:

• F6: Baal Hatturim in Deut. xxiv. 1. Maimon. Hilchot Ishot, c. 1. sect. 2, 3.
• F7: Hilchot Gerushin, c. 4. sect. 12.
• F8: In Surenhusii Misna, Vol. III. p. 324. Vid. Moses Kotsensis Mitzvot Tora pr. affirm. 50.