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Commandment #124 · Positive · Family Laws

A Writing in Her Hand: The Commandment of the Get

גֵּט
Source: Deuteronomy 24:1  ·  Maimonides, Sefer HaMitzvot, Positive #124

Deuteronomy 24:1 does not tell a husband to divorce his wife. It tells him what he must do if he does: write a bill of divorcement, place it in her hand, and send her out — a document that frees her to remarry with proof of her new status. But the get's existence as a legal mechanism raised a question the rest of Scripture keeps returning to: a law that regulates how divorce happens is not the same as a law that endorses divorce happening. Malachi and Jesus both address that gap directly — and the prophet Hosea lived it.

A Writing of Divorcement

כִּי יִקַּח אִישׁ אִשָּׁה וּבְעָלָהּ וְהָיָה אִם לֹא תִמְצָא חֵן בְּעֵינָיו כִּי מָצָא בָהּ עֶרְוַת דָּבָר וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ
"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."

Notice what this verse does not say. It does not command a man to divorce his wife, and it does not define exactly what "some uncleanness" (Hebrew: ervat davar, literally "a matter of nakedness" or "indecency") means — a phrase debated for centuries. What the verse DOES do is regulate the consequence: if a man sends his wife away, he must write her "a bill of divorcement," put it "in her hand," and send her out of his house. Deuteronomy 24:2 then says she is free to become another man's wife.

The get — the written document — is the operative center of this law. Without it, a woman sent from her husband's house would exist in legal limbo: not living with her husband, but with no documented proof she was free to remarry. The written bill, placed in her own hand, gave her something portable and provable — her new status did not depend on her husband's word continuing to be honored after he had already shown himself willing to send her away.

What the Prophets Said About It

כִּי שָׂנֵא שַׁלַּח אָמַר יְהוָה אֱלֹהֵי יִשְׂרָאֵל וְכִסָּה חָמָס עַל לְבוּשׁוֹ אָמַר יְהוָה צְבָאוֹת וְנִשְׁמַרְתֶּם בְּרוּחֲכֶם וְלֹא תִבְגֹּדוּ
"For the LORD, the God of Israel, saith that he hateth putting away: for one covereth violence with his garment, saith the LORD of hosts: therefore take heed to your spirit, that ye deal not treacherously."

Centuries after Deuteronomy 24, the prophet Malachi confronts the men of Judah for a specific behavior: dealing "treacherously" with "the wife of thy youth," a woman the text says is bound to her husband by covenant (Malachi 2:14). The Hebrew of Malachi 2:16 is notoriously difficult, but the thrust is unmistakable — whatever the exact translation, the LORD is described as a witness against, and grieved by, the casual abandonment of a covenant wife.

Here is the tension the Torah itself leaves open: Deuteronomy 24:1 provides a legal MECHANISM for divorce, regulating how it must be done if it happens. Malachi does not contradict that mechanism — but he makes clear that having a legal procedure for something is not the same as that thing being good, or covenant-faithful, or what God desires. The get regulates an exit. It does not endorse taking it.

Hardness of Heart and the Original Pattern

This same tension surfaces directly in the Gospels. When Jesus is asked whether a man may divorce his wife "for every cause" (Matthew 19:3), the question itself reflects a real debate over how broadly Deuteronomy 24:1's "some uncleanness" should be read. Jesus does not simply rule on that debate — he reframes the entire question. He points past Deuteronomy 24 to Genesis: "from the beginning" God made male and female and joined them as "one flesh," and "what therefore God hath joined together, let not man put asunder" (Matthew 19:4-6).

When his questioners press him — "why did Moses then command to give a writing of divorcement?" — Jesus answers: "Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so" (Matthew 19:8). This is the same structure as Malachi's critique, stated even more directly: the get is a real provision, given for a real and hard situation — but it documents an accommodation to brokenness, not the original design. The law manages what covenant-breaking looks like when it happens. It was never the goal.

Key Figures

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"The Wife of Thy Youth" — The Covenant Partner Malachi Says Was Betrayed
Malachi 2:14-16 describes an unnamed woman — "the wife of thy youth" — bound to her husband by covenant and "the wife of thy covenant," yet dealt with treacherously by a husband who, the prophet implies, used the door Deuteronomy 24:1 left open without the faithfulness the covenant required.
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Gomer — The Wife Hosea Was Told to Take Back
In Hosea 3:1-3, the prophet Hosea is commanded to love and redeem his unfaithful wife Gomer rather than finalize a separation — the opposite of what Deuteronomy 24:1 would have permitted him to do. Hosea's own marriage becomes a living picture of the covenant faithfulness Malachi says Judah had abandoned.

Study Questions

For reflection and group study
Deuteronomy 24:1 doesn't command divorce — it regulates what must happen if a man sends his wife away, requiring a written document placed in her hand. What's the difference between a law that COMMANDS something and one that REGULATES something already happening? Why might the Torah take the second approach here?
Malachi 2:14-16 condemns men for divorcing "the wife of thy youth" — a covenant relationship — even though Deuteronomy 24:1 made the legal mechanism for that divorce available. What does it mean for something to be legally permitted but prophetically condemned?
In Matthew 19:8, Jesus says Moses permitted divorce "because of the hardness of your hearts," but "from the beginning it was not so" — pointing back to the creation pattern of Genesis 2:24. What does it mean to distinguish between a law's practical purpose (managing a hard reality) and an original ideal the law doesn't fully reflect?
Hosea is commanded to take Gomer back despite her unfaithfulness (Hosea 3:1-3) — the opposite of what Deuteronomy 24:1 would permit. How does Hosea's own marriage function as a kind of living commentary alongside the legal text of Deuteronomy 24 and the prophetic critique of Malachi 2?
The get requires a WRITTEN document placed "in her hand" (Deuteronomy 24:1) — not just a spoken declaration. Why might documentation matter so much for a woman's status after divorce, particularly for her ability to remarry under Deuteronomy 24:2?

The get gave a divorced woman something provable in her hand — but both Malachi and Jesus point past the document itself to the covenant it could never fully repair.

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