Matthew 19:8 - Ellicott's Commentary On The Whole Bible

Moses because of the hardness of your hearts. — The force of the answer lies (1) in emphasized substitution of “suffered” for “commanded.” The scribes of the school of Hillel had almost turned divorce into a duty, even when there was no ground for it but incompatibility of temper or other lesser fault, as if Deuteronomy 24:1 had enjoined the writing of divorcement in such cases. (2) In the grounds assigned for the permission. Our Lord’s position in the controversy between the two schools was analogous to that in which those who are true at once to principles and facts not seldom find themselves. He agreed, as we have seen, with the ideal of marriage maintained by the followers of Shammai. He accepted as a legitimate interpretation of the Law that of the followers of Hillel. But He proclaimed, with an authority greater than that of Moses, that his legislation on this point was a step backwards when compared with the primary law of nature, which had been “from the beginning,” and only so far a step forward because the people had fallen into a yet lower state, in which the observance of the higher law was practically impossible. But for the possibility of divorce the wife would have been the victim of the husband’s tyranny; and law, which has to deal with facts, was compelled to choose the least of two evils. Two important consequences, it will be obvious, flow from the reasoning thus enforced: (1) that the “hardness of heart” which made this concession necessary may be admitted as at least a partial explanation of whatever else in the Law of Moses strikes us as deviating from the standard of eternal righteousness embodied in the law of Christ — as, e.g., the tolerance of polygamy and slavery, and the severity of punishment for seeming trivial faults; (2) that the principle is one of wider application than the particular instance, and that where a nation calling itself Christian has sunk so low as to exhibit the “hardness of heart” of Jews or heathens, there also a concessive legislation may be forced upon the State even while the churches assert their witness of the higher truth.