Did Deuteronomy 24:1ff Really Allow Divorce? (which translation gets it right?)

The KJV of Deuteronomy 24:1-2 says “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 (Matthew 5:31 obviously quotes this last part, ptd), and give it in her hand, and send her out of his house. And when she is departed out of his house, she may go and be another man’s wife.” The way that reads, it sounds like the Old Testament gave a man permission to divorce his wife for “some uncleanness,” and permission for that put away woman to remarry. But the NASB translation of such doesn’t necessarily imply the same. Here’s how that version reads “When a man takes a wife and marries her, and it happens that she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce and puts it in her hand and sends her out from his house, and she leaves his house and goes and becomes another man’s wife.” That doesn’t sound so much like permission is being granted as it does – what if such and such happens? – without actually giving permission.

Which translation gets it right? Is there a way to tell? Thankfully there is, because Jesus refers to this passage and makes it clear permission for the divorce was being granted therein. The Pharisees asked Jesus in Matthew 19:7 “Why did Moses then command to give a writing of divorcement, and to put her away?” Jesus responded in the next verse “Moses because of the hardness of your hearts suffered (allowed, ESV) you to put away your wives: but from the beginning it was not so.” So Jesus, when commenting upon Deuteronomy 24:1, said (the law of) Moses was allowing divorce – which fits the KJV way of translating the verse (not the NASB way). And Jesus calls this same allowance a written “precept” of Moses in Mark 10:4-5.

Repeating in a more concise way: Some gospel preachers say Deuteronomy 24:1ff did not allow a man to divorce his wife for uncleanness, but Jesus says it did. Notice how Jesus asserted such in Matthew 19:8 – “Moses … permitted you to divorce your wives” (NKJV). And Jesus declared the same thing in Mark 10:5 when he said Moses “wrote you this precept,” the precept that “Moses suffered (permitted, NKJV) to write a bill of divorcement, and to put her away” according to verse 4.

What is the point Jesus is making in Matthew 19:8-9 (and in Matthew 5:31-32)? That the law of Moses allowed divorce for uncleanness (something short of fornication, as adulterers were stoned – Leviticus 20:10), but from the beginning it was not so. And Jesus is putting it back to the way it was in the beginning in His New Testament law – no divorce “except it be for fornication.“

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