A Summary of Jewish Divorce Law

Josephus

Jewish Antiquities 4.253

93–94

He who desires to be divorced from his wife who lives with him, due to any possible cause—and many such causes occur among men—let him confirm in writing that he will never live together with her, for in this way she would secure the right to live intimately with another man, which previously she was not permitted to do. But if she should be mistreated by that man, or when he dies, if the former husband should desire to marry her again, she is prohibited from returning.

Translated by William Whiston, adapted by Aaron Samuels.

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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Josephus’ summary of Jewish divorce law is based on Deuteronomy 24:1–4 and accords with the ruling of Beth Hillel (m. Gittin 9:10) that no special circumstance is required for a man to divorce his wife.

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Creator Bio

Josephus

37–100

Flavius Josephus was born into a prominent Jewish priestly family and served as a general stationed in the Galilee during the First Jewish Revolt (66–73 CE). He was captured by the Romans and eventually integrated into the Flavian imperial aristocracy, who commissioned him to compose chronicles of the Jewish–Roman war and the history of the Jews. Josephus’ works, all written in Greek, include The Jewish War, Jewish Antiquities, Against Apion, and his autobiography, Life of Josephus. These writings provide important insights into the Judaisms of the Second Temple period and include one of the few surviving accounts of the destruction of the Temple in 70 CE.

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