Midrasch zu Malachi 2:11

"After he (the father) has been faithless ("bagdah") to her" (by selling her,) by degrading her and not treating her as a Jewish daughter, he, too, is not permitted to retain her (i.e., to sell her a second time). These are the words of R. Yonathan b. Avtalmos. "bagdah" here connotes deceit" as in (Malachi 2:11) "bagdah Yehudah" and (Jeremiah 5:11) "for the house of Israel bagod bagdu against Me." R. Yishmael says: Scripture is speaking of the master, who took her to marry her and did not do so. He, too, may not retain her (to sell her to another as a maid-servant). R. Akiva says: "bevigdo bah": after "he has spread his garment ('beged') over her" (to take her as a wife and did not do so).

[(Gen. 38:1:) THAT JUDAH WENT AWAY.] This text is related (to Mal. 2:11): JUDAH HAS BEEN FAITHLESS, AND AN ABOMINATION HAS BEEN DONE IN ISRAEL.¹⁸Gen. R. 85:1. What is the meaning of JUDAH HAS BEEN FAITHLESS? Judah had been deceitful. < It is > just as you say (in Mal. 2:14): < FOR THE LORD IS A WITNESS BETWEEN YOU (Judah) AND THE WIFE OF YOUR YOUTH >, WITH WHOM YOU HAVE BEEN FAITHLESS. Thus it says: Judah was deceitful. Over what was he deceitful? (Mal. 2:11, cont.:) FOR JUDAH HAS PROFANED THE SANCTUARY OF THE LORD. See (ibid., cont.): HE HAS MARRIED THE DAUGHTER OF A FOREIGN GOD. Now it says elsewhere (in Ps. 114:2): JUDAH WAS HIS SANCTUARY, while it says here (in Mal. 2:11): FOR JUDAH HAS PROFANED < THE SANCTUARY OF THE LORD >. See (ibid., cont.): HE HAS MARRIED THE DAUGHTER OF A FOREIGN GOD.

R. Meir was wont to say: When Israel were meritorious, they bore witness over themselves, viz. (Joshua 24:22) "And Joshua said to the people: Bear witness over yourselves that you have chosen the L-rd to serve Him. And they said: We are witnesses." When they went astray, viz. (Hoshea 12:1) "Ephraim has surrounded Me with falsehood, and the house of Israel with deceit," the tribe of Judah and Benjamin testified against them, viz. (Isaiah 5:3-4) "And now, dweller of Jerusalem and man of Judah. What more could have been done for my vineyard that I did not do for it?" When the tribe of Judah went astray, viz. (Malachi 2:11) "Judah has been faithless, etc.", He had the prophets bear witness against them, viz. (II Kings 17:13) "The L-rd has borne witness against Israel and Judah by the prophets of every vision, etc." When they went astray with the prophets, viz. (II Chronicles 36:16) "And they mocked the messengers of G-d and despised His prophets," He had the heavens bear witness against them, viz. (Devarim 4:26, 30:19) "I call to bear witness against you this day, the heavens." When they went astray with the heavens, viz. (Jeremiah 7:17) "Do you not see what they are doing in the cities of Judah and in the streets of Jerusalem? (18) The children are gathering wood, and the gatherers are kindling the fire, and the women are kneading dough to make cakes for the queen of heaven!" — He had the earth bear witness against them, viz. (Ibid. 6:19) "Hear, O earth, I will bring evil upon this people." When they went astray with the earth, viz. (Hoshea 12:12) "Their altars, too, are like heaps upon the furrows of he field," He had the ways bear witness against them, viz. (Jeremiah 6:16) "Place yourself on the ways and see, etc." When they went astray with the ways, viz. (Ezekiel 16:25) "At every crossroad you built your lofty place," He had the mountains bear witness against them, viz. (Michah 6:2) "Hear, O mountains, the quarrel of the L-rd." When they went astray with the mountains, viz. (Hoshea 4:13) "They slaughter offerings upon the mountaintops," He had the nations bear witness against them, viz. (Jeremiah 6:18) "Therefore, hear, O nations, etc." When they went astray with the nations, viz. (Psalms 106:35) "and they mingled with the nations and learned their deeds," He had a beast bear witness against them, viz. (Isaiah 1:3) "The ox knows its owner, and the ass, its master's trough, but Israel does not know, etc." When they went astray with the beast, viz. (Psalms 106:20) "They exchanged their glory for the likeness of an ass, eating grass," He had the animal bear witness against them, viz. (Jeremiah 8:7) "Even the stork in the heavens knows its seasons … but My people do not know the law of the L-rd." When they went astray with the animal, viz. (Ezekiel 8:10) "And I came and I saw, and behold, every sort of image — disgusting creeping things and animals, etc.", He had the fish bear testimony against them, viz. (Iyyov 12:8) "Or speak to the earth and it will teach you; the fish of the sea will report to you, etc." When they went astray with the fish, viz. (Tzephaniah 1:3) "… and the fish of the sea and the stumbling blocks of the wicked," He had the ant bear witness against them, viz. (Proverbs 6:6-8) "Go to the ant, you sluggard, see its ways and grow wise. Though it has no officer … she prepares her food in the summer, etc." R. Shimon b. Elazar says: "Wretched is man, who must learn from the ant!" If he learned and acted (accordingly) would he be "wretched"? Rather, he should learn from its ways, but does not.