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)
2026-10-31
Open in Reader All notes on this passage