AISBT ReaderMarriage, widowhood, remarriage, and divorce in Roman and Jewish law (7:1–3)
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historical · Rom 7:1–3 · ✓ Approved

Marriage, widowhood, remarriage, and divorce in Roman and Jewish law (7:1–3)

Says The law "has authority over a man only as long as he lives" (7:1, BSB); a widow "is not an adulteress if she marries another man" (7:3).

Roman marriage ended by death or divorce, and either spouse could send notice of repudiation (Gaius, Inst. 1.137a; Poste). Augustus legislated on adultery and marriage, allowing a three-year exemption from the duty to marry after a spouse's death (Suetonius, Aug. 34). A widow remarrying within her year of mourning incurred infamy (Poste).

In Jewish law the husband gives the divorce certificate (Deut 24:1–4). The Mishnah says a wife "acquires herself" by a bill of divorce or by her husband's death (m. Qidd. 1:1); the bill's essential words are "you are permitted to any man" (m. Giṭ. 9:3); and a woman is divorced with or without her consent, but a man divorces only by his own will (m. Yebam. 14:1). Josephus says Salome's bill of divorce to Costobarus was "not according to the Jewish laws; for with us it is lawful for a husband to do so," and a wife may not remarry "unless her former husband put her away" (Ant. 15.259–260). Philo applies Deut 24:4 (Spec. 3.30–31).

On "those who know the law" (7:1), Sanday and Headlam set aside Roman law (Weiss) and Moses' law (Lipsius) for a general principle: death settles all claims.

Uncertain Which of these 7:1 means is uncertain; this note takes no lean. How the analogy maps is left to the exegetical notes.

Claims

  • SaysRom 7:1–3 says the law has authority over a person only as long as he lives, and a woman whose husband has died is not an adulteress if she marries another man.
  • UncertainWhich law Paul means by 'those who know the law' in Rom 7:1 (Roman law, the law of Moses, or law in general); no lean in this note.

Citations

  • BSB public domain Rom 7:1–3; Deut 24:1–4
  • Gaius, Inst. (Poste–Whittuck 1904) public domain Inst. 1.137a, pp. 85–86 (repudio misso); commentary on § 137, p. 87 (divortium by consent or by the act of one party); commentary on §§ 159–164, p. 97 (widow's remarriage before the year of mourning, infamy); pages checked on the page images (gaiinstitutiones00gaiuuoft n148–n150, n160), 2026-10-31; paraphrased
  • Suetonius (Rolfe) public domain Aug. 34.1 (Loeb vol. 1, p. 177; page checked on the page image, archive.org suetonius01suet n212, 2026-10-31; paraphrased)
  • Mishnah (Vilna 1913, Sefaria) public domain m. Qidd. 1:1; m. Git. 9:3; m. Yebam. 14:1 (Vilna text on Sefaria, license Public Domain, checked 2026-10-31; English: team rendering)
  • Josephus (Whiston) public domain Ant. 15.7.10 (Niese 15.259–260), Project Gutenberg #2848 text (quoted)
  • Philo (Yonge) public domain Spec. 3.30–31 (by reference; paraphrased; not checked on the Bohn scan)
  • Sanday–Headlam, Romans (ICC) public domain on Rom 7:1, p. 172 (pinned 1922 printing, criticalexegetic00sand_0 n293; page checked on the page image 2026-10-31; paraphrased)
Sources BSB public domain Gaius, Inst. (Poste–Whittuck 1904) public domain Suetonius (Rolfe) public domain Mishnah (Vilna 1913, Sefaria) public domain Josephus (Whiston) public domain Philo (Yonge) public domain Sanday–Headlam, Romans (ICC) public domain Bible Scholarship & Tool CC BY 4.0

2026-10-31

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