As he was a just man Some commentators explain this to mean, that Joseph, because he was a just man, determined to spare his wife: [1] taking justice to be only another name for humanity, or, a gentle and merciful disposition. But others more correctly read the two clauses as contrasted with each other: that Joseph was a just man, but yet that he was anxious about the reputation of his wife. That justice, on which a commendation is here bestowed, consisted in hatred and abhorrence of crime. Suspecting his wife of adultery, and even convinced that she was an adulterer, he was unwilling to hold out the encouragement of lenity to such a crime. [2] And certainly he is but a pander [3] to his wife, who connives at her unchastity. Not only is such wickedness regarded with abhorrence by good and honorable minds, but that winking at crime which I have mentioned is marked by the laws with infamy. Joseph, therefore, moved by an ardent love of justice, condemned the crime of which he supposed his wife to have been guilty; while the gentleness of his disposition prevented him from going to the utmost rigor of law. It was a moderate and calmer method to depart privately, and remove to a distant place. [4] Hence we infer, that he was not of so soft and effeminate a disposition, as to screen and promote uncleanness under the pretense of merciful dealing: he only made some abatement from stern justice, so as not to expose his wife to evil report. Nor ought we to have any hesitation in believing, that his mind was restrained by a secret inspiration of the Spirit. We know how weak jealousy is, and to what violence it hurries its possessor. Though Joseph did not proceed to rash and headlong conduct, yet he was wonderfully preserved from many imminent dangers, which would have sprung out of his resolution to depart. The same remark is applicable to Mary's silence. Granting that modest reserve prevented her from venturing to tell her husband, that she was with child by the Holy Spirit, it was not so much by her own choice, as by the providence of God that she was restrained. Let us suppose her to have spoken. The nature of the case made it little short of incredible. Joseph would have thought himself ridiculed, and everybody would have treated the matter as a laughing-stock: after which the Divine announcement, if it had followed, would have been of less importance. The Lord permitted his servant Joseph to be betrayed by ignorance into an erroneous conclusion, that, by his own voice, he might bring him back to the right path. Yet it is proper for us to know, that this was done more on our account than for his personal advantage: for every necessary method was adopted by God, to prevent unfavorable suspicion from falling on the heavenly message. When the angel approaches Joseph, who is still unacquainted with the whole matter, wicked men have no reason to charge him with being influenced by prejudice to listen to the voice of God. He was not overcome by the insinuating address of his wife. His previously formed opinion was not shaken by entreaties. He was not induced by human arguments to take the opposite side. But, while the groundless accusation of his wife was still rankling in his mind, God interposed between them, that we might regard Joseph as a more competent witness, and possessing greater authority, as a messenger sent to us from heaven. We see how God chose to employ an angel in informing his servant Joseph, that to others he might be a heavenly herald, and that the intelligence which he conveyed might not be borrowed from his wife, or from any mortal. The reason why this mystery was not immediately made known to a greater number of persons appears to be this. It was proper that this inestimable treasure should remain concealed, and that the knowledge of it should be imparted to none but the children of God. Nor is it absurd to say, that the Lord intended, as he frequently does, to put the faith and obedience of his own people to the trial. Most certainly, if any man shall maliciously refuse to believe and obey God in this matter, he will have abundant reason to be satisfied with the proofs by which this article of our faith is supported. For the same reason, the Lord permitted Mary to enter into the married state, that under the veil of marriage, till the full time for revealing it, the heavenly conception of the virgin might be concealed. Meanwhile, the knowledge of it was withheld from unbelievers, as their ingratitude and malice deserved.

Footnotes

1 - "Que Joseph a voulu pardonner a sa femme, et couvrir la faute, d'autant qu'il estoit juste." -- "That Joseph intended to forgive his wife, and conceal her offense, because he was just."

2 - "Il ne vouloit point nourrir le mal en dissimulant et faisant semblant de n'y voir rien." -- "He did not wish to encourage wickedness, by dissembling and pretending that he did not see it."

3 - "Leno;" -- "macquereau."

4 - "Le moyen le plus doux et le moins scandaleux estoit, que secretement il departist du lieu, et la laissast sans faire aueun bruit." -- "The mildest and least scandalous method was, that he should depart secretly from the place, and leave her without making any noise."

Her husband - The word in the original does not imply that they were married. It means here the man to whom she was espoused.
A just man - Justice consists in rendering to every man his own. Yet this is evidently not the character intended to be given here of Joseph. The meaning is that he was kind, tender, merciful; that he was so attached to Mary that he was not willing that she should be exposed to public shame. He sought, therefore, secretly to dissolve the connection, and to restore her to her friends without the punishment commonly inflicted on adultery. The word just has not unfrequently this meaning of mildness, or mercy. See 1-John 1:9; compare Cicero, De Fin. 5, 23.
A public example - To expose her to public shame or infamy. Adultery has always been considered a crime of a very heinous nature. In Egypt, it was punished by cutting off the nose of the adulteress; in Persia, the nose and ears were cut off; in Judea, the punishment was death by stoning, Leviticus 20:10; Ezekiel 16:38, Ezekiel 16:40; John 8:5. This punishment was also inflicted where the person was not married, but betrothed, Deuteronomy 21:23-24. In this case, therefore, the regular punishment would have been death in this painful and ignominious manner. Yet Joseph was a religious man - mild and tender; and he was not willing to complain of her to the magistrate, and expose her to death, but sought to avoid the shame, and to put her away privately.
Put her away privily - The law of Moses gave the husband the power of divorce, Deuteronomy 24:1. It was customary in a bill of divorce to specify the causes for which the divorce was made, and witnesses were also present to testify to the divorce. But in this case, it seems, Joseph resolved to put her away without specifying the cause; for he was not willing to make her a public example. This is the meaning here of "privily." Both to Joseph and Mary this must have been a great trial. Joseph was ardently attached to her, but her character was likely to be ruined, and he deemed it proper to separate her from him. Mary was innocent, but Joseph was not yet satisfied of her innocence. We may learn from this to put our trust in God. He will defend the innocent. Mary was in danger of being exposed to shame. Had she been connected with a cruel, passionate, and violent man, she would have died in disgrace. But God had so ordered it that she was betrothed to a man mild, amiable, and tender: and in due time Joseph was apprised of the truth in the case, and took his faithful and beloved wife to his bosom. Thus, our only aim should be to preserve a conscience void of offence, and God will guard our reputation. We may be assailed by slander; circumstances may be against us; but in due time God will take care to vindicate our character and save us from ruin. See Psalm 37:5-6.

To make her a public example - Παραδειγματισαι, to expose her to public infamy; from παρα, near, and δεικνυμαι, I show, or expose; what is oddly, though emphatically, called in England, showing up - exposing a character to public view. Though Joseph was a righteous man, δικαιος, and knew that the law required that such persons as he supposed his wife to be should be put to death, yet, as righteousness is ever directed by mercy, he determined to put her away or divorce her privately, i.e. without assigning any cause, that her life might be saved; and, as the offense was against himself, he had a right to pass it by if he chose. Some have supposed that the term δικαιος should be translated merciful, and it certainly often has this signification; but here it is not necessary.

Then Joseph her husband,.... To whom she had been betrothed, and who was her husband, and she his wife according to the Jewish law, Deuteronomy 22:23 though not yet come together,
being a just man, observant of the law of God, particularly that which respected adultery, being wholly good and chaste, like the Patriarch of the same name; a character just the reverse of that which the Jews give him, in their scandalous (b) book of the life of Jesus; where, in the most malicious manner, they represent him as an unchaste and an unrighteous person:
and not willing to make her a public example, or to deliver her, i.e. to the civil magistrate, according to Munster's Hebrew edition. The Greek word signifies to punish by way of example to others, to deter them from sinning; and with the ancients it (c) denoted the greatest and severest punishment. Here it means either bringing her before the civil magistrate, in order to her being punished according to the law in Deuteronomy 22:23 which requires the person to be brought out to the gate of the city and stoned with stones, which was making a public example indeed; or divorcing her in a very public manner, and thereby expose her to open shame and disgrace. To prevent which, he being tender and compassionate, though strictly just and good,
was minded to put her away privily: he deliberately consulted and determined within himself to dismiss her, or put her away by giving her a bill of divorce, in a very private manner; which was sometimes done by putting it into the woman's hand or bosom, see Deuteronomy 24:1. In Munster's Hebrew Gospel it is rendered, "it was in his heart to forsake her privately."
(b) Teldos Jesu, p. 3. (c) A. Gellii Noct. Attic. l. 6. c. 14.

Then Joseph her husband--Compare Matthew 1:20, "Mary, thy wife." Betrothal was, in Jewish law, valid marriage. In giving Mary up, therefore, Joseph had to take legal steps to effect the separation.
being a just man, and not willing to make her a public example--to expose her (see Deuteronomy 22:23-24)
was minded to put her away privily--that is, privately by giving her the required writing of divorcement (Deuteronomy 24:1), in presence of only two or three witnesses, and without cause assigned, instead of having her before a magistrate. That some communication had passed between him and his betrothed, directly or indirectly, on the subject, after she returned from her three months' visit to Elizabeth, can hardly be doubted. Nor does the purpose to divorce her necessarily imply disbelief, on Joseph's part, of the explanation given him. Even supposing him to have yielded to it some reverential assent--and the Evangelist seems to convey as much, by ascribing the proposal to screen her to the justice of his character--he might think it altogether unsuitable and incongruous in such circumstances to follow out the marriage.

Joseph her husband. Betrothal, according to the law (Deuteronomy 22:24), made him her husband before marriage.
A righteous man. Just and humane. To put her away publicly was to expose her to the penalty of death. Probably she had made her defense to him, but her story was so wonderful that he was in doubt.
Privily. Give her a bill of divorce. See Deuteronomy 24:1.

A just man - A strict observer of the law: therefore not thinking it right to keep her.