lcó DEUTER ONO MIE XXjV. writing of divorcement, andbillofdifmifion, andan 5411 le of patting (thee) away,according to the Lan' ()I'M ofii and ifrael. N. fonnecfN.Witnefft; N. Tonne ofN. Witnefft. giveit]or, deliver .it intober hand, and thi$ a1 (o before witneffes. The Hebrewes-obfèrve un things, which they fay are_ requifite b}i the Law, and are the root(or foundation) of the divorce ; 1 T hat a man put her not away,lut of his owne will: ga- thered from thefeWords, iffl,efinde not grace inhis yes bet the woman may be put away , whether flee be willing or net. z That bee put her away by a writing, not by any other thing. 3 That the matter rf the writing be to divorce ber and put her away out of his poffefion. 4 That the matter of that divorce- ment bee between him and ber. 5 That it bee writ- ten by ber name. 6 That there be no aliion wanting after the writhing thereof, fave the delivery of it meta her. 7 That bee give it unto ber. 8 That bee give it her before witnefea. 9 That bee gibe it ber by the Law of Divorces.. so And that it be the beaband, or bit deputy that delir.ereth it unto her. Maimony treat. of Divorces, chap.t./eli. e . Vnto thefe they adde alto fimdry other cautions , as , Where it is fold in the Law , A ND HE SHALL WRITE HER A BILL, &c. Whether he write it with Ibis ante band , or f ease to another to write it forhim; and whether he deliver it with bit axne hand, or feake !in another to deliver it , (it is all one.) it i7 not fsid, HE SHALL WRITE, but to fignifie, ¿bat She may not be put away but by a writing ; and, H E E SHALL -GIVE (to fignifle) that She may not take it of her Ali. But it is neceffary, that the huf- band feake himfif unto the Scrivener to Write it, and to the witnefes fo febfcribe it. Every bill that is not Written by tlx name of the man that divorceth, and by the name of the woman divorced, it no bill. 'Who fi reritetb (a bill) to put away his wife, and betbinketh him , anddath net put her away, but unti- ethbimfelfe with ber after iou written, he may not put ber away by that bill at another time when he would put ber away. Whereat the Law faith, A N D GIVE it IN HER HAND; the Scripture meaneth no more , but that it come unto her ; and whe- tb.rit he in her hand, or in ber bofeme, or to herde-- pte y (or attourny) =bate hand foe bath made at ber hand , it ie all one. But it u necefary that be be made her attnerney before two witnefù, and that there be two witnefetto teflifie, that the bill came to the hand of her attouray. The husband cannot make an at- tourney to receil e the bill fir his wife , but be may make one to carry it to hit wife. 1f the assume) have received the bill , and before it commeth to the suntans ,land, the husband changethbit miede, and faith un- to him , the bill which I fentby thee, be of none efli; o, if be fry before unto hie wife, the bill which I have Jew uutn thee , le of none Oil ; or if bee fend another rite(enger to make it of none !fa ; or if lee fay into others , she bill which l have font to my wife be of none ff it loe it ie of none of eD, though it came (after) to Annul 1 his wives band. But if (he fake it) after it be come to her hand, or to the band of her atitaney, which was to receive it for her be cannot make it of none ef- fe£¿. Hoe that divorceth upon condition , if the condi- tionbe confirmed Size is divorced; if not, fix it not di- vorced. As if belay, loe be,e it thy bill, upon condi- tion that thou give me 200 pence , within Chef dirt,, dales.; if fbe give them with his content within thirty daye.t fire is divorced; if after thirty daiet, She it not divorced. If She give them to him by force , fo that be it not willing to receive them, the bill it of none (eíí, till fire give them with his confini, &e. Maimony treat. of Divorces, chaps. fè&.1.5. and ch.3..ft. 5.aud c.6.f t,3,t6,and c.80.21. Vert: 2. be another mans] or , be to another man: Z either by full mariage , or by efpoufals only; for a betrothed woman is a mans wife, Dem. 22: 23,24.So the Hebrewes fay ; He that putteth away hts wife, andfbe is betrothed to another, although fire be not married to him, fire is unlarefitll for the firft ( husband.) And if the firft doe resume and marry her, he it to be beaten, and to be compelled to put ber out, Deut. 24.4. Maimony in Divorces , chaps s. fei /. t 2. She might allo become another mans by fornication, though ¡he married not, Ier.3. t. yet the phrofe often implieth the Slate of mariage, Rom.7.3,4. unto which fenfe the Hebrewes re- ftraine it here. Verf. 3. And the latter] underhand from the 3 tall clank, Andif the latter man bate and ifhewrite ber a bill, &e. for thcfe are but fuppofitions, and bare permiflions , not commandéments which God would have tione,as isbefore noted. Verf4. may not return] or, cannot , it is not lawfull for him to take her againe : and this is the Law which God commaudeth , whereby he fheweth a diflike of the former divorcements ; as after he plainly confirmeth by the Prophet, Mal. 2.16. For, Whofoever flail put ama) hit wife, fazing for the crate of fornication taufeth ber recommit aduliety, [and if he marry another, he commttoeth adultery,] and whofoever (ball marrie her that is divorced, rem - mitteth adulterie, Matth. 5. 32. and 19.9. their cattfedto bedefikd] or, it crated to defile her felfe: The Greeke and Chaldee tranflate , fheiodefiled: but the Hebrew word Huttamaah is of filch a com- pofition, as implieth both the defiling of her felfe, and the cattle thereof by her husband, who put her away firlt.It was therfore an errour in the Iewes, to take this fora commandement of God, which he tolerated only for the hardneffe of their hearts;and (hewed the woman to be defiled by her fecond marriage, after her fir fl unjnfl divorce. not crate the land to fnne] or, not fifer the land to fnne: which may be underltood, that by their exam- ple others fhould not be occalioned to doe the like;or,that by the Magiftrates negleft of punilh- ing this evill, others be not emboldened. Or ra- ther, that the land be not in fin, that is, punifha- ble for this hiy,which extendeth not onely to the perforls that do it,but to al the people that (offer it: as there be examples of the like in other cafes, as Jof.7. and 22. 57, 20. Therefore the Prophet al( caging this Law, faith, that the land Should be greatly 4
RkJQdWJsaXNoZXIy OTcyMjk=