a certificate of divorce: the written legal document a husband gave his wife to end the marriage and release her to remarry
In the Gospels this word names one thing: the written document a husband handed his wife to end their marriage. It appears three times, always in Jesus' debates with the Pharisees about divorce. Twice it comes in the fuller phrase "a scroll of divorce", quoting the Greek Old Testament word for word; in the Sermon on the Mount the noun stands alone, by itself meaning the whole certificate.
The word was not originally a divorce word at all. In everyday Greek legal papers of the period it meant a deed of relinquishment, a "quitclaim" by which a person formally gave up a property or dropped a legal claim, the paperwork partner to a sales contract. When the ancient Greek translators of the Hebrew Scriptures needed a term for the Hebrew phrase meaning a document of cutting off (כְּרִיתוּת), they borrowed this ordinary legal word. So underneath the English "certificate of divorce" lies the picture of a husband formally standing away from his claim on his wife.
That background gives the certificate a releasing, not merely a dismissing, character. Its purpose was to free the woman to remarry by cancelling the husband's remaining hold on her, which is why it always comes paired with the act of sending a wife away (ἀπολύω): the sending-away is the deed, and this certificate is the document that formalizes and legalizes it. Recognizing this also clarifies the Gospel debates, which are not arguments about the paperwork but about when a husband may lawfully divorce at all.
Disputed
Whether the ancient certificate of divorce chiefly protected the woman (freeing her to remarry and restraining impulsive divorce) or chiefly formalized a husband's unilateral power to dismiss her. This is a debate about the document's social function, not about what the word denotes.
- majorityProtective and liberative: because the noun means a release of the husband's claim, the required written, witnessed, delivered document freed the woman legally to remarry, blocked the husband from reclaiming her, and slowed hasty divorce. This is the prevailing reading among commentators on the Gospels.; David Instone-Brewer, Divorce and Remarriage in the Bible (Eerdmans, 2002); R. T. France, The Gospel of Matthew (NICNT, Eerdmans, 2007)
- minorityA patriarchal instrument: only the husband could write the certificate and the wife was the passive object of a unilateral act, so the protective reading is largely apologetic.; Louis M. Epstein, The Jewish Marriage Contract (Jewish Theological Seminary, 1927)
- contestedA mediating settlement: the legal form of the certificate was genuinely liberative in effect, while the social distribution of power remained patriarchal, and actual practice diverged from the rabbinic ideal.; Michael L. Satlow, Jewish Marriage in Antiquity (Princeton University Press, 2001)