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She is defiled - Does not this refer to her having been divorced, and married in consequence to another? Though God, for the hardness of their hearts, suffered them to put away their wives, yet he considered all after-marriages in that case to be pollution and defilement; and it is on this ground that our Lord argues in the places referred to above, that whoever marries the woman that is put away is an adulterer: now this could not have been the case if God had allowed the divorce to be a legal and proper separation of the man from his wife; but in the sight of God nothing can be a legal cause of separation but adultery on either side. In such a case, according to the law of God, a man may put away his wife, and a wife may put away her husband; (see Matthew 19:9;); for it appears that the wife had as much right to put away her husband as the husband had to put away his wife, see Mark 10:12.
In this and the next chapter certain particular rights and duties, domestic, social, and civil, are treated. The cases brought forward have often no definite connection, and seem selected in order to illustrate the application of the great principles of the Law in certain important events and circumstances.
These four verses contain only one sentence, and should be rendered thus: If a man hath taken a wife, etc., and given her a bill of divorcement and Deuteronomy 24:2 if she has departed out of his house and become another man‘s wife; and Deuteronomy 24:3 if the latter husband hates her, then Deuteronomy 24:4 her former husband, etc.
Moses neither institutes nor enjoins divorce. The exact spirit of the passage is given in our Lord‘s words to the Jews‘, “Moses because of the hardness of your hearts suffered you to put away your wives” Matthew 19:8. Not only does the original institution of marriage as recorded by Moses Genesis 2:24 set forth the perpetuity of the bond, but the verses before us plainly intimate that divorce, while tolerated for the time, contravenes the order of nature and of God. The divorced woman who marries again is “defiled” Deuteronomy 24:4, and is grouped in this particular with the adulteress (compare Leviticus 18:20). Our Lord then was speaking according to the spirit of the law of Moses when he declared, “Whoso marrieth her which is put away doth commit adultery” Matthew 19:9. He was speaking too not less according to the mind of the prophets (compare Malachi 2:14-16). But Moses could not absolutely put an end to a practice which was traditional, and common to the Jews with other Oriental nations. His aim is therefore to regulate and thus to mitigate an evil which he could not extirpate.