Marriage in the Old Testament / Biblical Period (Judaism) old and current

Marriage in the Old Testament / Biblical Period

• Marriage was viewed as a serious covenantal relationship involving family alliances, inheritance, procreation, property rights, social stability, and religious faithfulness.
• It carried significant communal and legal obligations rather than being purely romantic. Polygamy was permitted (though it became increasingly rare in later periods), and levirate marriage (Deuteronomy 25) helped preserve family lines and protect widows.
• In the ancient Near East, women were often economically and socially vulnerable if abandoned or widowed. The Law of Moses introduced regulations to limit exploitation and reduce injustice in a fallen society.
• The ketubah (marriage contract), formalised in rabbinic times, has roots in this protective biblical ethos. It outlined the husband’s obligations regarding food, clothing, conjugal rights, and financial settlement in case of divorce or death, aiming to safeguard the wife.

Deuteronomy 24 and the Certificate of Divorce (Get)

• Deuteronomy 24:1–4 assumes divorce occurs in a fallen world and regulates it rather than presenting it as God’s ideal. It requires a husband to issue a formal certificate of divorce (sefer keritut, later called a 'get') before sending his wife away.
• The primary purpose was to provide legal proof that the woman was free to remarry. This protected her from accusations of adultery and prevented the first husband from reclaiming her after a second marriage (considered defiling).
• The text addresses human hardness of heart and societal realities while adding safeguards. This unilateral (husband-initiated) right reflected ancient patriarchal structures, though later Jewish law introduced additional protections for women.

Rabbinic Development and the Hillel-Shammai Debate (Time of Jesus and Talmudic Period)

• By the Second Temple period, the interpretation of “ervat davar” (“indecency” or “unseemly thing”) in Deuteronomy 24:1 became a major point of contention.
• School of Shammai (stricter): Divorce was permitted primarily for serious sexual misconduct or adultery ('ervah'). They emphasised a narrower, more restrictive reading.
• School of Hillel (more lenient and the position that largely prevailed): Divorce was allowed for a wide range of reasons, even minor ones such as “if she burns his food". Rabbi Akiva extended it further to include finding a more attractive woman.
• This famous debate is recorded in Mishnah Gittin 9:10. The Hillel position became dominant in rabbinic Judaism, allowing relatively broad grounds while still requiring a formal get.
• Rabbinic law introduced significant protections: the ketubah guaranteed financial support; rabbinical courts (beit din) could apply pressure (and in limited cases coerce) a reluctant husband; and moral discouragement of casual divorce existed (e.g., certain Talmudic statements describe one who divorces his wife as “hated by God”).

Post-Talmudic and Medieval Developments

• Rabbeinu Gershom (11th century, Ashkenazi) issued important decrees prohibiting divorce without the wife’s consent and limiting polygamy among Ashkenazi Jews.
• The get remained essential: a civil divorce alone does not dissolve a Jewish religious marriage. Without a get, a woman becomes an agunah (“chained woman”) and cannot remarry under traditional Jewish law. Children from a subsequent relationship could face status issues as mamzerim.
• Rabbis developed mechanisms to address recalcitrant spouses, including communal pressure, fines, and (rarely) annulments.

Current Views in Major Jewish Denominations

• Orthodox Judaism: Adheres strictly to traditional halakha. Marriage is a sacred covenant; divorce requires a get issued by the husband and accepted by the wife under rabbinical supervision. Efforts to resolve agunah cases continue through halachic prenuptial agreements, communal pressure, and rabbinical courts. Divorce is permitted but discouraged except for valid reasons such as adultery, abuse, or irreconcilable breakdown.
• Conservative / Masorti Judaism: Recognises Jewish law as binding but adaptable. Many communities use the Lieberman Clause in the ketubah (empowering a court to enforce a get). They grant women greater initiative in proceedings and show more flexibility in addressing agunot.
• Reform and Reconstructionist Judaism: Treat marriage and divorce primarily as civil matters. They generally do not require a get-and-view divorce as a regrettable but valid personal decision. Emphasis is placed on ethics, equality, compassion, and individual dignity rather than strict ritual requirements. Reform rabbis may officiate second marriages without a prior get.
• General modern trends: All denominations uphold the ideal of lifelong marriage and regard divorce as a tragedy. Contemporary concerns include domestic abuse (with strong support for victims leaving dangerous situations), gender equality, interfaith marriage, and prevention of agunot. In Israel, Orthodox rabbinical courts hold official authority over Jewish marriage and divorce.

This framework demonstrates Judaism’s balance between upholding the sanctity of marriage — rooted in creation ideals and covenant — and addressing human failure through regulated, protective processes. Jesus’ teaching in the Gospels directly engages these first-century debates by returning to the Genesis creation standard.

Endnotes

1. Chabad.org, “Jewish Divorce: What Is a ‘Get’?”
2. Instone-Brewer, Deuteronomy 24: Divorce Certificate.
3. Aish.com, “Get Document – Importance of".
4. Sefaria / Mishnah Gittin 9:10 explanations.
5. Rabbeinu Gershom decrees and agunah discussions (Cambridge Journal of Law and Religion; Hey Alma).
6. Reform Judaism.org and Jewish Women’s Archive on denominational practices.