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The International Critical Commentary (ICC): DEUTERONOMY

by S. R. Driver

Bibliographic information

TitleThe International Critical Commentary (ICC): DEUTERONOMY
AuthorS. R. Driver
PublisherVarda Books
Publication Date2004
SubjectTorah/Bible
Pages553


Description 

Electronic edition of one of the author's finest achievements. Now, as a Vardabook, it contains more then 28,000 live links to JPS Hebrew-English Tanakh (Scholar PDF edition). Clicking on any of them brings up Tanakh exactly in the right place in a separate window Hebrew and English translation side-by-side.
After 100 years in print, it continues to be one of the best available commentary on Deuteronomy. This volume remains a font of information not readily available elsewhere, and will retain its value for years to come.





About the Author 

S. R. Driver ---

DRIVER, SAMUEL ROLLES: English Christian Hebraist born at Southampton Oct. 2, 1846, Driver can truly be called in the words of one of the observers "the greatest Bible scholar of his generation."

One of the foremost champions of Biblical criticism, Driver has always taken a conservative view, showing much moderation and sympathy with the orthodox position. As such he was often attacked both from the Left and the Rightof the field. His A Treatise on the Use of the Tenses in Hebrew (Oxford, 1874; 3d ed., 1892), has remained one of the most complete presentation of the subject.

 

For Driver the Old Testament is not a systematic treatise on theology, but the record of a historical revelation, which, just because it was historical, passed through many successive phases, and was completed gradually; and the conclusions at which he arrives affect, not the fact of revelation, but only its form. They help to determine the stages through which it passed, the different phases which it assumed, and the process by which the record of it was built up. They do not touch either the authority or the inspiration of the scriptures of the Old Testament (compare his Isaiah, Preface, and Introduction, p. vii., New York, 1891).

 

 

Driver is the author of numerous critical works dealing with the most important books of Tanakh, and his Introduction is still one of the standard English work on the subject. He has edited two small rabbinical works: a commentary on Jeremiah and Ezekiel by Moses ben Sheshet, London, 1871, and one on Proverbs, attributed to Abraham ibn Ezra, Oxford, 1880. Driver has also been a collaborator on the second edition of Smiths Bible Dictionary, on Hastings Dictionary of the Bible, and on Cheyne and Blacks Encyclopædia Biblica, and was coeditor, with Professors Brown and Briggs, of The Brown-Driver-Briggs Hebrew and English Lexicon.





Contents 

CONTENTS.

PAGES

ADDENDA AND CORRIGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XVIII

PRINCIPAL ABBREVIATIONS EMPLOYED . . . . . . . . . . . . . . . . . . . . . . . XXV

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i-xcv

1. Introductory. Outline of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . i

2. Relation of Deuteronomy to the preceding Books of the

Pentateuch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii

3. Scope and Character of Deuteronomy: its dominant

Ideas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xix

4. Authorship, Date, and Structure . . . . . . . . . . . . . . . . . . . . . . . xxxiv

5. Language and Style . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lxxvii

COMMENTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1425

ADDITIONAL NOTE ON (218 3245) . . . . . . . . . . . . . . . . . . . . . . . . 425

INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427



Excerpt 

XXIV. 14. On divorce. A divorced woman, after contracting a second marriage, is not to be re-married to her

former husband.The rend. of AV., RV., is not here quite exact; v. 13 form the protasis, stating the conditions of the

case contemplated, v. 4 is the apodosis. The law is thus not, properly speaking, a law of divorce: the right of divorce is

assumed, as established by custom (comp. 2219. 29, two cases in which the right is forfeited); but definite legal formalities are

prescribed, and restrictions are imposed, tending to prevent its being lightly or rashly exercised (see p. 272). There is no

corresponding law in the other Codes of the Pent.; like Dt., H and P take the custom of divorce for granted (Lev. 217. 14

2213 Nu. 3010 (9)); but they contain no legislation respecting it.

The law of Dt. is quoted, and applied didactically, in Jer. 31 (in v. 1b read as RV. marg.).14. Render: When a man

taketh a wife, and marrieth her, and it cometh to pass, if she find no favour in his eyes, because he hath found in her some

indecency, that he writeth her a bill of divorce, and delivereth it into her hand, and sendeth her out of his house, (2) and she

departeth out of his house, and goeth and becometh another man's wife, (3) and the latter husband hateth her and writeth

her a bill of divorce, and delivereth it into her hand, and sendeth her out of his house; or if the latter husband, which

took her to be his wife, die; (4) her former husband, which sent her away, may not take her again to be his wife, after that

she is defiled.1. Find no favour in his eyes] a common Hebrew expression: Gn. 68 183 1919 &c.Because he hath

found in her some indecency] the feeling prompting a husband to divorce his wife must rest upon a definite and substantial

ground. The expression rendered indecency ( ) has occurred before in 2315 (14); it is lit. the nakedness of a thing, and

signifies most probably some improper or indecent behaviour (G H A).

The expression is a peculiar one; and different views have been held as to what is denoted by it. Of the Jewish legalists, the school of Shammai

(1 cent. B.C.), pressing the word nakedness, understood it of unchastity, the school of Hillel, pressing (in Rabbinical fashion) the word thing,

and the clause if she find no favour in his eyes (though this, as a matter of fact, is qualified by the following words, because he finds some indecency

in her), supposed the most trivial causes to be included, declaring, for instance, that a wife might be divorced, even if she burnt her husband's

food ( ), or if he saw a woman who pleased him better (Gittin, ix. 10: cf. Mt. 193 h. . . E I h; Jos. Ant. iv. 8. 23 '

Gw h). It may however be doubted how far the latter opinion was literally acted upon. The grounds mentioned in the Mishnah as

justifying divorce are, violation of the law of Moses, or of Jewish customs, the former being said to consist in a woman's causing her husband

to eat food, on which tithe has not been paid; in causing him to offend against the law of Lev. 1819, in not setting apart the first of the dough

(Nu. 1520f. ), and in failing to perform any vow which she has made; and the latter in appearing in public with dishevelled hair, spinning (and exposing

her arms) in the streets, and conversing indiscriminately with men, to which others added, speaking disrespectfully of her husband's parents

in his presence, or brawling in his house (Kethuboth vii. 6). The Karaite Jews limited the grounds of divorce more exclusively to offences against

modesty or good taste, a change of religion, serious bodily defects, and repulsive complaints (see Ad. Neubauer, Aus per Petersb. Bibliothek, 1866,

pp. , 101; Aaron ben Elia, Gan Eden, p. b, c. 24 of ). That the denotes something short of actual unchastity, may be inferred

from the fact that for this a different penalty is enacted, viz. death (2222); in 2315 (14), also, the same expression is used, not of what is immoral,

but only of what is unbecoming. It is most natural to understand it of immodest or indecent behaviour.

Writeth her a bill of divorce ( ) ] lit. a writ of cutting off (cf. Sir. 2526 L@@), or separation (G

L, as Mt. 531 197 Mk. 104): so v. 3 Jer. 38 Is. 501. The husband's determination to divorce his wife must be

attested by a properly formulated legal document.And delivereth it into her hand] so v. 3. The deed must, so to say, be

formally served upon the wife. The conditions which a deed of divorce (called in post-Biblical Hebrew a Get), in order to

be valid, must satisfy, and the formalities to be observed for its due delivery to the woman, as defined by the later Jews,

are stated at length in the treatise of the Mishnah called Gittin.And sendeth her away ( ) out of his house] a third

formality (so v. 3): the woman must be sent forth formally, by her husband, out of his house. to send away or dismiss is

the usual Heb. word for divorce; cf. v. 4 2219. 29 Is. 501 Mal. 216. A divorced woman is , lit. one driven out, expelled (Lev.

2114 2213 Nu. 3010 Ez. 4422); but the verb is not found in this sense (Gn. 2110 being scarcely an instance). The right of

divorce, it will be noticed, rests solely with the husband; no provision is made for the case of a wife seeking redress for her

husband's misbehaviour. By the later Jews, the wife was permitted in certain cases to claim a divorce, viz. if her husband

were a leper, or afflicted with a polypus, or engaged in a repulsive trade (Kethuboth, vii. 10).3. Hate her] cf. 2213. The

expression, which includes no reference to a positive offence on the woman's part, might be taken to show that a husband

could divorce his wife upon slight and arbitrary grounds; but as a second husband would hardly enjoy greater liberty of

divorce than a first, it is only reasonable to interpret it in the light of v. 1, as implying some impropriety as its occasion.




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