Deuteronomy 24:4 - Can remarriage undo past defilement?

Prohibition of Remarrying a Divorced Wife After Her Subsequent Marriage

The verse (Devarim 24:4) prohibits a man from remarrying his former wife after she has been married to another man in the interim. This law is known as "ein davar shelo ba l'olam ela l'fi tikkun ha'olam"—a decree established for the proper order of society (Gittin 45a). Rashi explains that the Torah forbids this remarriage to prevent frivolous divorces and to maintain the sanctity of marriage.

The Concept of "Tum'ah" (Defilement)

The term "hutam'ah" (defiled) does not imply moral impurity in the conventional sense. Rather, as Rambam (Hilchos Gerushin 11:28) clarifies, it refers to the legal status created by her second marriage. The Ibn Ezra adds that this prohibition serves as a safeguard against treating marriage lightly, ensuring that divorce is not undertaken without serious consideration.

Abomination Before Hashem

The verse describes this remarriage as a "to'eivah" (abomination) before Hashem. The Sifrei (Devarim 24:4) explains that this term emphasizes the severity of the transgression, as it undermines the sanctity of the marital bond. The Ramban further notes that such behavior corrupts societal morality, which is why the Torah links it to the defilement of Eretz Yisrael.

Connection to the Land of Israel

The verse concludes by warning against causing the land to become sinful. Rashi (based on Sifrei) explains that immoral behavior, including improper marital conduct, can lead to the exile of the Jewish people from their land. The Kli Yakar expands on this, stating that the holiness of Eretz Yisrael is contingent upon the moral conduct of its inhabitants, particularly in matters of family purity.

Halachic Implications

• The prohibition applies only if the woman voluntarily entered into the second marriage (Shulchan Aruch, Even HaEzer 10:1).
• If the second marriage ended due to the husband's death or divorce, the first husband is still forbidden to remarry her (Rambam, Hilchos Gerushin 11:26).
• The prohibition remains even if the second marriage was never consummated (Tosafos, Gittin 24a).