It has been said, Whosoever shall put away his wife, let him give her a writing of divorcement:
All Commentaries on Matthew 5:31 Go To Matthew 5
John Chrysostom
AD 407
He goes not on to what lies before Him, until He have well cleared out the former topics. For, lo, He shows us yet another kind of adultery. And what is this? There was an ancient law made, Deuteronomy 24:1-4 that he who hated his wife, for whatever kind of cause, should not be forbidden to cast her out, and to bring home another instead of her. The law however did not command him simply to do this, but after giving the woman a writing of divorcement, that it might not be in her power to return to him again; that so at least the figure of the marriage might remain.
For if He had not enjoined this, but it were lawful first to cast her out, and take another, then afterwards to take back the former, the confusion was sure to be great, all men continually taking each others' wives; and the matter thenceforth would have been direct adultery. With a view to this, He devised, as no small mitigation, the writing of divorcement.
But these things were done by reason of another, a far greater wickedness; I mean, had He made it necessary to keep in the house her even that was hated, the husband, hating, would have killed her. For such was the race of the Jews. For they who did not spare children, who slew prophets, and shed blood as water, much more would they have showed no mercy to women. For this cause He allowed the less, to remove the greater evil. For that this was not a primary law, hear Him saying, Moses wrote these things according to the hardness of your hearts, that you might not slay them in the house, but rather put them out. But forasmuch as He had taken away all wrath, having forbidden not murder only, but even the mere feeling of anger, He with ease introduces this law likewise. With this view also He is ever bringing to mind the former words, to signify that His sayings are not contrary to them, but in agreement: that He is enforcing, not overthrowing them; perfecting, not doing them away.