But a better translation here is “put away,” not “divorce”:
“but I – I say to you, that whoever may put away his wife, save for the matter of whoredom, doth make her to commit adultery; and whoever may marry her who hath been put away doth commit adultery.”
Mt. 5:32 Young’s Literal Translation.
Whoever ‘putteth away’ his wife (husband) commits adultery! This practice was cruel and was adulterous, but it was not divorce. This New Testament word, translated ‘put away’ is a form of the Greek word ‘apoluo’. It is the word in Greek which parallels the Hebrew word ‘shalach’ – ‘put away.’
The Old Testament Hebrew word for divorce, ‘keriythuwth’, and the New Testament Greek word, ‘apostasion’ also parallel. The Arndt-Gingrich Lexicon of the New Testament cites usage of the word ‘apostasion’ as the technical term for a bill or writing of divorce as far back as 258 B.C.
‘Apoluo,’ the Greek word for ‘putting away’, was not technically divorce, though often used synonymously. In that age of total male domination men often took additional wives and did not provide written release when they forsook wives and married others. The Jewish law demanding written divorce in Deuteronomy 24:1-2 was largely ignored. If a man married another woman, so what? If a man ‘put away’ (apoluo) his wife without bothering with a written divorce, who was going to object? The woman?
… The distinction between ‘put away’ and ‘divorce,’ between the Greek ‘apoluo’ and ‘apostasion’ is critical. Apoluo indicated that the women were enslaved, put away, with no rights, no recourse; deprived of the basic right to monogamous marriage. Apostasion ended marriage and permitted a legal subsequent marriage. The paper makes the difference. (“…then let him write her a bill of divorcement, and give it in her hand, and send her out of his house. 2 And when she is departed out of his house, she may go and be another man’s wife.”) (Deut. 24:1b – 2)
There are passages other than Luke 16:17-18 above where Jesus spoke on this matter. They include Matthew 19:9, Mark 10:10-12 (where Mark records that Jesus laid down the same law for women as for men), and Matthew 5:32. Jesus used a form of the word ‘apoluo’ (put away) eleven times in these passages. In every passage he forbade ‘apoluo’ or ‘putting away’. Not once did He forbid giving ‘apostasion’, a written divorce, required by Jewish law.
(From Bruce D. Allen, “Divorce and Remarriage.”]