By the Jewish law, as it still existed at the dawn of the present era, divorce was the one-sided privilege of the man.[4] At most there was only a faint trace of the woman's later right, sanctioned by the Talmud, of demanding a separation.[5] Legally, for the slightest reason, as the school of Hillel justly maintained, the husband could put away the wife by simply handing her a "get" or bill of divorce.[6] By the written law only in two cases, for grave misconduct, was he deprived of this power;[7] though in practice there were several ameliorating conditions which tended to put a check upon arbitrary action. Thus, while divorce was a private transaction, certain formalities had to be observed in connection with the "get" which secured the restraining influence of publicity;[8] and in case the wife was unjustly repudiated the dower, representing the ancient _mohar_, or purchase price of the bride, had to be paid to her from the husband's property.[9] Moreover, some of the limitations of the husband's despotic power recognized by the Mishnah or oral law may already have been in force; and the highest ethical sentiment among the Jews had long been decidedly against too great freedom of divorce. It was the rabbi's duty as much as possible to discourage it and to effect reconciliations between husband and wife.[10]
[Footnote 4: On Jewish divorce in general see STUBBE, _Die Ehe im alten Testament_, 31, 32; FRAENKEL, _Grundlinien des mosaisch-talmud. Eherechts_, 42 ff.; MEYER, _Die Rechte der Israeliten, Athener und Römer_, II, 370 ff.; DUSCHAK, _Das mosaisch-talmud. Eherecht_, 83 ff.; MICHAELIS, _Ehegesetzen Mosis_, 358, 359; LICHTSCHEIN, _Die Ehe nach mosaisch-talmud. Auffassung_, 85 ff.; MIELZINER, _The Jewish Law of Divorce_, 115 ff.; STRIPPELMANN, _Ehescheidungsrecht_, 8 ff.; TISSOT, _Le mariage_, 44 ff.; POPP, _Ehescheidung_, 37 ff.; GLASSON, _Le mariage civil et le divorce_, 145-50; TEBBS, _Essay_, 8 ff.; GIDE, _La femme_, 56 ff.; COMBIER, _Du divorce_, 20 ff.; WOOLSEY, _Divorce and Divorce Legislation_, 10-34; THWING, _The Family_, 40-44; GEFFCKEN, _Ehescheidung vor Gratian_, 14, 16; and especially the admirable book of AMRAM, _The Jewish Law of Divorce_, 22 ff. Among controversial works see LUCKOCK, _History of Marriage_, 16 ff.; AP RICHARD, _Marriage and Divorce_, 54 ff., 62-72; BROWNE, _Marriage of Divorced Persons in Church_, 5 ff.]