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Elaine Goodfriend

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To Protect Second Marriages, Deuteronomy Renders Palingamy Taboo

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Elaine Goodfriend

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To Protect Second Marriages, Deuteronomy Renders Palingamy Taboo

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TheTorah.com

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To Protect Second Marriages, Deuteronomy Renders Palingamy Taboo

Druze family law imposes severe restrictions on the relationship between a man and his former wife, providing insight into the biblical prohibition of palingamy—a man remarrying his ex-wife, if she has married someone else in the interim.

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To Protect Second Marriages, Deuteronomy Renders Palingamy Taboo

Study of Two Bedouins, John Singer Sargent, 1905–6. Art Institute of Chicago

Palingamy and the Druze

The Druze, residing in the mountainous terrain shared by Israel, Syria, and Lebanon, practice a religion that is a strict form of monotheism influenced by Shiite Islam (in addition to Christianity and Judaism), that goes back about a thousand years.[1] Their communities are governed by their own religious courts in matters of family law.[2] Druze law forbids palingamy,[3] remarriage between former spouses; a divorce is absolute, irrevocable, and final.[4]

The law and community also impose a complete severance of contact between the parties after the divorce. They may not sit in each other's company, and any communication must take place between intermediaries. The Islamic law scholar Aharon Layish (1933-2022) writes that, "If they meet by chance, the woman covers her face, and the man turns away his head."[5]

Reinstating a divorced wife is considered by some Druze communities an act as offensive as adultery; sanctions may include expulsion from the community or acts of revenge akin to honor killing.[6] If the couple insists on remarriage, they are forced to obtain a civil marriage or convert to another religion.[7] The uniqueness of this ban to the Druze religion is so essential to their identity that for Shaykh Kamal Mu'adi, a Druze religious authority, its neglect will cause people to neglect other Druze precepts, both major and minor.[8]

Some reasons offered by scholars for the draconian prohibition and separation between former spouses are:

Discouraging hasty divorce—Because the wall of separation is immediate and absolute, a couple cannot later change their mind and attempt to reinstate the marriage. According to Shaykh Kamal, only with the prohibition of reinstatement is divorce “placed on healthy religious-legal foundations.”[9]

Community solidarity—Avoidance of conflict in public is a core value for the Druze, and unclarity regarding marital status can serve as an impediment.[10]

Prevents moral ambiguity—The continuing contact of former spouses is believed to create social confusion, which is why the Druze have a complete ban on contact between the parties. For example, a divorced wife who goes back to the house of her husband to fetch her belongings does so in the presence of her father-in-law and other witnesses and in the absence of her husband.[11]

The Druze practice, and the reasoning behind it, can help explain the biblical prohibition against remarrying your ex-wife after she has remarried.

The Biblical Prohibition of Remarrying after an Intervening Marriage

The Torah offers no comprehensive legislation regarding divorce in ancient Israel. A passage in Deuteronomy, however, does detail an elaborate case about a man who divorces his wife, who then remarries, and then her second husband divorces her, or alternatively, dies (Deut 24:1–3).[12] The first husband is prohibited from remarrying her. If he does, it is an "abomination” that will “bring sin upon the land”:

דברים כד:ד לֹא יוּכַל בַּעְלָהּ הָרִאשׁוֹן אֲשֶׁר שִׁלְּחָהּ לָשׁוּב לְקַחְתָּהּ לִהְיוֹת לוֹ לְאִשָּׁה אַחֲרֵי אֲשֶׁר הֻטַּמָּאָה כִּי תוֹעֵבָה הִוא לִפְנֵי יְ־הֹוָה וְלֹא תַחֲטִיא אֶת־הָאָרֶץ אֲשֶׁר יְ־הֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה.
Deut 24:4 Then the first husband who divorced her shall not take her to wife again, since she has been defiled[13] – for that would be an abomination to YHWH. You must not bring sin upon the land that the YHWH your God is giving you as a heritage.[14]

The reasons offered for the prohibition are not specific to remarriage; the terms תועבה, toʿebah, “abomination” and טמא, tame, “defiled, impure” are used elsewhere in the Torah regarding grave sins such as adultery, incest, murder, and the worship of other gods.[15]

Several explanations have been offered for their application here:[16]

To prevent legalized wife swapping—This explanation dates back to Rabbi Moses Nahmanides (ca. 1195–1270):

רמב"ן דברים כד:ד וְטַעַם הַלָּאו הַזֶּה כְּדֵי שֶׁלֹּא יַחְלִיפוּ נְשׁוֹתֵיהֶן זֶה לָזֶה, יִכְתֹּב לָהּ גֵּט בָּעֶרֶב וּבַבֹּקֶר הִיא שָׁבָה אֵלָיו.
Ramban Deut 24:4 And the reason for this prohibition is so that people should not exchange their wives with one another: he would be able to write her a bill of divorce at night, and in the morning, she will return to him.[17]

And, similarly, R. Obadiah Sforno (ca. 1475–1550):

ספורנו דברים כד:ד כִּי זֶה דֶּרֶךְ מָבוֹא לְנִאוּף, שֶׁיְּגָרֵשׁ אִישׁ אֶת אִשְׁתּוֹ לְבַקָּשַׁת הַנּוֹאֵף, שֶׁיִּקָּחֶנָּה לְאֵיזֶה זְמַן, וְיָשׁוּב בַּעֲלָהּ הָרִאשׁוֹן לְקַחְתָּהּ.
Seforno Deut 24:4 For this is a gateway to adultery, the man will divorce his wife at the behest of the lover, who will take her for a short period, and then she will return to her first husband and he will take her back.

The law prevents using divorce and remarriage as a way to engage in wife swapping and other temporary arrangements.[18]

Remarriage after divorce is akin to adultery—A woman having sex with one man, then another, and then returning to the first constitutes the same pattern as adulterous relations. This view is hinted at by Ibn Ezra (1089-1164):

אבן עזרא דברים כד:דוהנה טעמו, טמאה היא לו בעבור שידעה איש אחר.
Ibn Ezra Deut 24:4 The reason that she is defiled for him is because she has had sexual relations with another man.

And Nahmanides:

רמב"ן דברים כד:ד ועל דרך הפשט אחרי אשר הטמאה לבעל הראשון, ירמז כי כאשר ידעה איש אחר תחשב לו טמאה.
Ramban Deut 24:4 And according to the plain meaning of Scripture, the expression "after that she is defiled" refers to the first husband, the verse suggesting that because she “knew” another man she is accounted to him [the first husband] as “defiled.”[19]

Since a man may not continue to live with a wife who committed adultery,[20] he also may not take back a wife who has had relations (even within the legal framework of marriage) with another man.[21]

To prevent unjust enrichment of the first husband—This observation was first made by the medieval French Talmudist and polymath Rabbi Levi ben Gershom (Ralbag, 1288–1344), as quoted by Don Isaac Abravanel (1437–1508):[22]

אברבנאל דברים כד:א והרלב"ג כתב בזה טעם אחר והוא שלא יהיה זה סבה לעשק וגזל. שזה יגרש את אשתו כדי שתנשא לאח' ותעש' לו פעולות רעות כדי שתהיה בעיניו רעה ויבא לגרש' ובזה תקח כל אשר לו ותחזור לבעל' הראשון וזה גזל וחמס מלבד הדופי הגדול שיזכה האדם את אשתי לתכלית קנין הממון.
Abarbanel Deut 24:1 Ralbag wrote of another reason – that the wife's remarriage to her first husband should not be the cause of monetary oppression and robbery, that one man would divorce his wife so she would marry another and do evil things in order that she would be evil in his eyes so that he (the second husband) would come to divorce her and she would take everything he had and return to her first husband and this is robbery and violence aside from the great duplicity that the man would impose on his wife for the purpose of gaining the victim's money.[23]

Raymond Westbrook (1946–2009), a scholar of ancient Near Eastern law, seconds the idea that unjust enrichment is the issue.[24] He proposes that the first husband divorced his wife with grounds, allowing him to send her off without a dowry or financial settlement.[25]

In contrast, her second husband, who “hated” her but lacked objective grounds, divorced her with dowry and marital gifts intact (or he died). As a wealthy divorcee (or widow), she returns to her first husband who conveniently forgot his original objections. “Thus, he profits twice: firstly, by rejecting his wife and then by accepting her,” which for Westbrook, constitutes a “flagrant case of unjust enrichment.”[26]

The explanations surveyed above, as Eve Levavi Feinstein discusses in her piece, “Remarrying Your Ex-Wife,” do not offer compelling reasons for the prohibition.

Protecting Second Marriages: Reuven Yaron

A more persuasive solution is offered by the Israelite legal historian Reuven Yaron (1924–2014), who argues that the prohibition aims to protect the second marriage, since a second marriage may be more vulnerable to ambient temptations. Perhaps the first husband sees that another man has very readily married his wife, and he experiences remorse that he divorced her. The ex-wife may have reluctantly entered a second marriage for social or economic reasons and perhaps compares her second husband unfavorably to her first.

Alternatively, her second husband may suffer from pangs of jealousy because of his wife's previous history of intimacy with another man. In a village setting like most of ancient Israel, avoiding the ex-spouse may be difficult or near impossible. Their common children or relatives likely necessitate frequent social contact.

Consider the ambiguity of their relationship as they were once sexually (and otherwise) intimate partners. Occasional interactions between the first husband and his ex-wife may be charged with familiarity (and desire!) because of their shared history and one of the two may make overtures to renew their union; alternatively, the second husband imagines this to be so. Deuteronomy is taking effective steps to ensure the stability and continuation of the wife's second marriage by making her previous divorce final and complete.[27]

Deuteronomy Turns Remarriage into an Incest-like Taboo

Yaron suggests that laws regarding incest are designed to “isolate or insulate” existing relationships from the disruptive influences of sexual tension, and proposes that Deuteronomy makes this type of remarriage into an incest taboo.

For example, Leviticus creates a taboo against sexual relationships with certain family members in three ways:

  • Labelling the prohibited sexual relationships as an abomination (תועבה).[28]
  • Requiring capital punishment if the couple is apprehended and the divine punishment of karet (the eventual end of the family line) if not.[29]
  • Asserting that the land is defiled (טמא) by these forbidden relationships, leading to exile.[30]

The reason for creating these taboos is that aversion to some of these sexual relationships is not innate, as is obvious by all those who transgress them as well as cross-cultural differences regarding which if any are taboo.[31] By having these stringent incest taboos in place, Leviticus creates a situation in which a man (ideally) feels no sexual tension in being alone with his stepmother or daughter or sister.

Deuteronomy is attempting to do the same with its new and novel prohibition of palingamy, utilizing the language of defilement and sin and disgust (the rootsטמא andחטא and the noun תועבה).[32] It prevents the possibility of reunion by declaring that it is as taboo as sexual relations with one’s mother or sister. It is noteworthy that remarriage after divorce once the woman has married another man is the only sexual act that Deuteronomy considers a תועבה , an abomination.

Yaron's insight that the law creates a novel taboo most akin to incest is buttressed by the similar prohibition imposed by Druze family law. The ban on remarriage obviates the ambiguity and confusion created by the ongoing contact of former spouses, which may spark hope for reconciliation to the detriment of subsequent marriages. The strength and stability of the nuclear family, the foundation of Israelite society, depends on its ability to isolate itself from such ambient temptations.

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August 1, 2026

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Dr. Elaine Goodfriend is a lecturer in the Department of Religious Studies and the Jewish Studies Program at California State University, Northridge. She has a Ph.D. in Near Eastern Studies from U.C. Berkeley. Among her publications are “Food in the Hebrew Bible,” in Food and Jewish Traditions (forthcoming) and “Leviticus 22:24: A Prohibition of Gelding for the Land of Israel?”