“First of all we forget that one of the most common forms of divorce in the Bible and in all of history has been divorce by death, by execution. We are not used to thinking of divorce in such terms, but consider this. In the Old Testament, if a man were guilty of adultery, or a woman, they were executed. And we saw last week as we studied the New Testament teaching that adultery is in terms of New Testament law still a crime that calls for death. Now it does not exist, and therefore special provisions were made for those social orders wherein no such offense incurred the death penalty. As a matter of fact this is how the penitential system developed.”

Audio lectures, The Law of Divorce (n.d.)

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Rousas John Rushdoony 99
American theologian 1916–2001

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“Let us examine therefore, in summary fashion, the laws whereby a woman in Israel might obtain a divorce by death and re-marry. The laws calling for the death penalty against the man. To list these without taking time to give all the references, the Biblical references, which can be given although we dealt with many of them:
1. Adultery, 2. Rape, 3. Incest, 4. Homosexuality or sodomy, 5. Bestiality, 6. Premeditated Murder, 7. Smiting Father or Mother, 8. Death of a woman from miscarriage due to assault and battery, 9. Sacrificing children to Molech, 10. Cursing Father or Mother, 11. Kidnapping, 12. Being a wizard, 13. Being a false prophet or dreamer, 14. Apostacy, 15. Sacrificing to other Gods, 16. Refusing to follow the decision of judges, 17. Blasphemy, 18. Transgressing the Covenant.
In other words, for all these offenses, a woman gained a divorce by death. On the other hand, a divorce by death was obtainable by men because of the following death penalties cited for women: 1. Unchastity before marriage, 2. Adultery after marriage, 3. Prostituion by a priests daughter, 4. Bestiality, 5. Being a witch or a sorceress, 6. Transgressing the covenant, and 7. Incest.
Now it is obvious that that the list for men is more than twice as long. And it is obvious that some of the death penalties for men would also apply to women, as for example murder. But many of the crimes that are cited for men such as rape and kidnapping, while it is conceivable that the woman would be guilty of those it is not very likely. Those are primarily masculine offenses.”

Rousas John Rushdoony (1916–2001) American theologian

Audio lectures, The Law of Divorce (n.d.)

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