Introduction to Deuteronomy 24:3
Deuteronomy 24:3 is part of a legal passage addressing the conditions under which a divorced woman may or may not remarry. This verse presents a scenario in which a woman, having been previously divorced and remarried, faces either a second divorce or widowhood. A key verb in this passage is וּשְׂנֵאָהּ, which derives from the root שָׂנֵא (“to hate” or “to reject”). This verb plays a crucial role in legal and covenantal language in Biblical Hebrew. In this study, we will analyze its morphology, syntactic function, and semantic significance in Deuteronomy 24:3.
וּשְׂנֵאָהּ֮ הָאִ֣ישׁ הָאַחֲרֹון֒ וְכָ֨תַב לָ֜הּ סֵ֤פֶר כְּרִיתֻת֙ וְנָתַ֣ן בְּיָדָ֔הּ וְשִׁלְּחָ֖הּ מִבֵּיתֹ֑ו אֹ֣ו כִ֤י יָמוּת֙ הָאִ֣ישׁ הָאַחֲרֹ֔ון אֲשֶׁר־לְקָחָ֥הּ לֹ֖ו לְאִשָּֽׁה׃
Analysis of Key Words/Phrases
1. וּשְׂנֵאָהּ (ušəne’ah)
– Root: שָׂנֵא
– Form: Conjugated verb, Qal imperfect 3rd masculine singular with a vav-consecutive and a 3rd feminine singular pronominal suffix
– Translation: “and he hates her” or “and he rejects her”
2. הָאִישׁ הָאַחֲרֹון (ha’ish ha’aharon)
– Noun phrase: “the latter man”
– Functions as the subject of וּשְׂנֵאָהּ, referring to the woman’s second husband.
3. וְכָתַב לָהּ סֵפֶר כְּרִיתֻת (wəkatav lah sefer kəritut)
– A clause describing the legal act of divorce following the man’s hatred or rejection of the woman.
Explanation of Grammatical Function
The Verb שָׂנֵא in the Qal Imperfect
The verb שָׂנֵא appears in the Qal imperfect 3rd masculine singular form, with a vav-consecutive (וּ) and a pronominal suffix (-הּ, “her”). The imperfect form indicates an action that is either ongoing or yet to occur in the narrative sequence. However, in legal texts, the imperfect form often has a modal nuance, expressing a hypothetical condition—”if he hates her” rather than a past action.
The Function of the Vav-Consecutive (וּ)
The vav-consecutive (וּ) at the beginning of וּשְׂנֵאָהּ links this clause to the previous one, continuing a legal stipulation. In narrative Hebrew, a vav-consecutive with an imperfect verb often functions as a past tense indicator, but in legal passages, it retains a sequential sense: “and if he hates her, then he shall write…”
The Pronominal Suffix (-הּ)
The pronominal suffix -הּ (“her”) attached to וּשְׂנֵאָהּ marks the direct object of the verb. Hebrew often does not require an explicit object pronoun if the context is clear, but here, the suffix is used to emphasize the woman as the recipient of the action.
Semantic and Legal Implications of שָׂנֵא
The verb שָׂנֵא often means “to hate” in general contexts, but in legal language, it can convey rejection, aversion, or disfavor. In Deuteronomy 24:3, it does not necessarily imply emotional hatred but rather a legal or relational rejection. This is supported by the following clause, where the husband is required to issue a divorce document (סֵפֶר כְּרִיתֻת).
The Role of שָׂנֵא in Hebrew Divorce Law
1. Conditional Clause Construction
– The phrase “if he hates her” introduces a conditional clause leading to the action of writing a divorce certificate. This structure suggests that hatred or rejection is a justifiable cause for divorce under this law.
2. Contrast with Love-Based Marriage Expectations
– While שָׂנֵא denotes rejection, Biblical marriage ideals often emphasize אָהַב (“to love”). The use of שָׂנֵא here sets the contrast between an unwanted and a desired marriage.
3. Parallel Usage in Other Laws
– In Deuteronomy 21:15, the verb שָׂנֵא appears in the context of a man with two wives, one loved and one hated. This supports the idea that שָׂנֵא can function as a legal category rather than simply an emotional state.
The Function of שָׂנֵא in Biblical Hebrew Legal Discourse
The use of שָׂנֵא in Deuteronomy 24:3 highlights its technical legal function in divorce law, where it signifies relational disfavor leading to legal separation. The presence of the vav-consecutive ties the action of hating to the next legal step—the requirement to write a divorce certificate. This reflects the structured nature of Biblical law, where actions must be formalized and documented to prevent arbitrary dismissals.
In conclusion, וּשְׂנֵאָהּ serves as a key verb within Biblical Hebrew legal syntax, marking the cause for a divorce decree. Its usage here exemplifies how legal stipulations in the Torah codify emotional states into structured legal outcomes. This grammatical structure ensures that hatred or rejection does not result in informal abandonment but instead requires a formal legal process.
