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A History of Matrimonial Institutions, Vol. 2 of 3

Note 31 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

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Matt. 19:4-6; cf. 5:31, 32, and Mark 10:6-9. This doctrine is laid down in reply to the Pharisees who "tempting him" ask: "Is it lawful for a man to put away his wife for every cause?"—doubtless having in mind the teaching of the school of Hillel. When Jesus declares that "what therefore God hath joined together, let not man put asunder," they further demand: "Why did Moses then command to give a writing of divorcement, and to put her away?" To which "he saith unto them, Moses because of the hardness of your hearts suffered you to put away your wives; but from the beginning it was not so." Thus, it may be suggested, Jesus admits that legally the followers of Hillel—the "broad constructionists"—are right in their interpretation; while morally he sides with the school of Shammai. See n. 2, p. 13, above. Cf. however, the specious assertions of Woolsey, Divorce, 58.

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