I don't think anyone is arguing that the battered wife should remain in the marriage. The disagreement we have here, is whether she is allowed to find another husband, while the man she was married to, is still alive. If I could find it in Scripture without reading between the lines, I would, but since I cannot, I would be no better than an anti-polygamist, that reads things into the Scripture that simply aren't there.
It's also a Logical Fallacy to presume what they were.
Evidently you missed the sarcasm in my post.
I still hold to the more Hebraic understanding that as long as she has a certificate of divorce, ie a legal divorce in our day and age, she is free to marry another. In the instance where he won't release her, she's stuck in limbo, and this is a violation of Torah. I had a sister-in-law in this situation. Her husband was a piece of work...an alcoholic, fornicator, and physically abusive to her and his kids. He died alone in an apartment and wasn't found for several days. No one was sad.
That wasn’t aimed at you.
EXACTLY! Prov 27:1 tells us precisely what will happen to people like this. Either we trust God will do what He says He will do, or we take matters into our own hands. We need to confront, reprove, and rebuke those who abuse their wives and children. We should confront them until they either turn from their wicked ways, or God takes them out.
Moses never gave provisions for the woman to give her husband a Bill of Divorce. There is only one instance I am aware of in the OT, that a woman left her husband of her own accord. The concubine in Judges 19 went back to her father's house, and her husband went there to get her back.
Small clarification. He went there to beg her to come back. Proving that she had the right to leave and return to her fathers house and he had no authority.
I am ashamed to admit that I have never seen the separate parts as the reality of her story.
To your first point, that makes it even more pertinent to my point as a concubine didn’t have as many rights as a ketubahed wife.
Yeah, I wasn't trying to imply that he had any such authority. To say her judgment was right, is to rightfully point out that the husband did not defend her when the attackers came, but rather, threw her to the wolves. One thing to consider though, is that he wasn't exactly holding a loaded weapon where he could fire off a few rounds, and there was no police force that he could simply dial 911. If it were me, I probably would have grabbed any weapon I could, and taken out as many of those wicked men as I could, until the inevitable occurred, but I was raised with diffferent values than this man was raised with. I'm not implying that he did the right thing, but considering the times and the technology that was available, I do tend to cut the guy some slack..
Well simply, if he is not providing anything for her, does not want to have a marital relationship with her, will not seek counsel from elders in order to reconcile and do right by her, he should release her by giving her a certificate of divorce (called a Get). For starters see Deuteronomy 24:1 - 4. She can return to her father's house or remarry. By not releasing her with a get, she has no means of support or hope for marriage and children. It can be a real problem in some Jewish communities, I've heard. An attitude of "I don't want you, but because I'm a heartless jerk, I'll make sure no one else can have you either." IMO, another reason why Yeshua said "because of the hardness of your heart..." There are valid reasons for divorce, but those were/are pretty rare I think. Treat her right or let her go...
Here we go again. IF there is such a thing as a concubine in scripture she has MORE rights than the completely undefined “ketubah wife”. The slave girl’s food, clothing and sex was protected statutorily. The completely not talked about in scripture “ketubah wife” was not so protected. Not that it matters because there is no such thing as a concubine in God’s design for marriage.