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Divorce Remarriage, and Adultery
DIVORCE,
REMARRIAGE, AND ADULTERY By Tony Robinson See
StraightIstheWay.com
for more articles written by Tony Robinson. TABLE OF
CONTENTS
A.
BREAKING
AND TERMINATION OF MARRIAGE COVENANTS
17
iii.
Examples of Pre-Mosiac
Treatment in Covenant Breaking:
19
iv.
DIVORCE
UNDER THE LAW/TORAH
20
a.
Freedom from an Abusive
Husband (Exodus 21:7-11)
20
b.
Freedom of the Divorced Woman
(Numbers 30:9-16)
20
c.
Freedom from unjust divorce
(Deuteronomy 22:13-21) 100 months
22
d.
Freedom from desertion
(Deuteronomy 22:28-29) 50 months
22
e.
Freedom from an unfaithful
wife (Exodus 20:14)
22
f.
Freedom from a despised
wife (Deuteronomy 24:1-4)
22
1.
Divorce as a step to
Restoration from Adultery (Hosea 1 & 2)
24
2.
Divorce as the ultimate
Solution for Spiritual Adultery (Ezra Chapter 9 and Chapter 10)
25
1.
As a method of Treachery or
selfishness (Malachi 2:16)
25
III.
The Teachings of Jesus and
Paul
27
A.
THE
TEACHINGS OF JESUS ON DIVORCE
27
ii.
"Causes her to commit
adultery"
29
B.
THE
SOCRATIC RESPONSE OF JESUS
30
C.
THE
DISCIPLES QUESTIONING
32
ii.
Synopsis of the Gospel
Accounts Matthew 19 / Mark 10
33
D.
THE
TEACHINGS OF THE APOSTLE PAUL ON DIVORCE
33
IV.
Miscellaneous Teachings of
the Apostles
36
B.
BISHOP/DEACON
QUALIFICATIONS
38
C.
1st Timothy Chapter Three:
The Husband of One Wife
41
A.
BREAKING AND
TERMINATION OF MARRIAGE COVENANTS
We
are no longer in a sinless environment. Many scriptures deal with death and
handicaps. Neither death nor eating meat were a part of God's original intent
for man. Though God did not intend for us to die or have handicaps does not
mean that they are a sin. Though a baby is born handicapped does not
mean that his handicap resulted from sin. Though a child dies during it's
birth, it does not mean that it sinned. Such cases are only evidences that
show that we are no longer in the Garden of Eden.
However,
since we are not in Eden, someone can maliciously inflict tragedies as
death or permanent injury upon us. Likewise, divorce, though not
originally intended for man, can sometimes have an innocent party. If the
scripture teaches that some divorces are forced upon an innocent party or are
used as a disciplinary measure, then we should not hold the non-offending
party as guilty. The innocent party would then not be sinning, though divorce
was not originally God's pattern for a sinless world. (Those who argue
that all divorce and remarriage is a sin because it was not originally
intended by God for man, would do well in giving up their prime rib steaks
since God's original intent for man was to be a herbivore.)
Many
offenses, such as adultery, invoke the death penalty. However, you would
be hard pressed to find a state in this nation that will execute capital
punishment upon adulterers (Adultery is a two person crime. You cannot
render a punishment on only one person of the two. See John 8:1-11).
When the civil government will not carry out capital punishment, divorce has
historically been a remedy for the innocent party of adultery. The fact
that divorce may be an act of discipline, a means of ruling one's household
with biblical judgment, is a fact overlooked by many conservative preachers.
Cleaving
is an essential element in the covenant language of the Old Testament.
Israel is commanded to cleave to the Lord with intensity, to have a love that
will not let go. Certainly the idea of cleaving is a wholehearted commitment
to another in an inseparable union. It
is inherent in this definition of cleaving in relationships that the intent is
for the duration of a lifetime. However, it is unbiblical to believe the idea
that since the fall of Adam, the bond has no possibility of dissolution.
In
Hebrew, the word for "cleave" is dabag. Dabag means “to
adhere, be glued firmly, keep, be joined, follow close, abide fast; to
impinge, cling; to repair breaches." This sampling clearly shows that the
term implies a tight connection of the cleaving parts. Nothing here implies,
however, that permanence is an essential or inherent ingredient in the
"glue" of marriage. It is fair to say that there is no convincing
support to the idea that the word "cleave" (dåbag) mandates
permanence. If dabag mandated permanence, then the study on marriage
and divorce could end in this verse. If dabag mandated permanence, then
to break the bond would unequivocally be sin. Studying the usage of the word
in the Old Testament does not help show permanence, yet the advocates of
permanence seek to make their case by appealing to use. They do so to their
chagrin. Notice the following examples where cleave, dabag, is used:
Kallo
is the Greek root of proskallao. Vine reports that it means "to
join fast together, to glue, cement."
Kallo
is never used explicitly of joining in marriage. It is used of the
"one-flesh" relation of a man to a prostitute in I Corinthians 6:16,
" What? know ye not that he which is joined to an harlot is one body? for
two, saith he, shall be one flesh." Since our passage involves
a quote of the Genesis 2:24 "one-flesh" wording, it is worthy of our
consideration. In these verses, Paul is admonishing his readers to put away
immoral practices, specifically, the visiting of temple prostitutes as a vent
for sexual desire. The fact that our kallao relationship to the Lord is
permanent should not mislead us into thinking that our relationship to the
prostitute is also permanent. By the same token, the lack of permanence of the
relation to the prostitute should not be taken to imply a lack of permanence
in the relationship to Christ. Therefore, duration is not determined by the
word kallao alone. Kallao, "one-flesh" relationships
can be non-permanent if the context does not include permanence established
upon God's part of the relationship.
Among
covenants, only God can control or overcome all the variables.
Therefore, the only unconditional covenants are those in which God is
responsible for fulfilling all of the terms. Thankfully, our salvation
is based upon an unconditional covenant. No matter where we go, and
regardless of the condition of our body or mental faculties, God will
carryout the terms of the new covenant that we entered in with Him.
Covenants between humans are not of the same quality. You can't control
all the factors. It will be pretty hard for a man to provide for his
wife when she has run off and disappeared, because he can't override all the
negative variables in such a scenario. Albeit, it does not necessarily
prohibit him from resuming fulfillment of the covenant, should she return.
We understand God is the judge over us for breach of covenants, but his
watchful eye doesn't make those covenants unconditional.
iii.
Examples of Pre-Mosiac Treatment in Covenant Breaking: Abraham
and Sarah (Genesis
Chapter 20)
In
this passage, Abraham fails to maintain his side of the covenant. In fact, his
failure is horrible. He fails to maintain physical presence and he certainly
fails to protect her and her reputation. Sarah's response shows that divorce,
though perhaps a possibility, is not mandated. She had a choice and chose to
reaffirm her covenant with the spouse who had utterly failed in keeping his
portion of the covenant. Her attitude is laudable and exemplifies her New
Testament counterparts in how they should adhere to their husbands (1
Peter 3:6 "Even as Sara obeyed Abraham, calling him lord: whose daughters
ye are, as long as ye do well, and are not afraid with any amazement"). Abraham
and Hagar (Genesis
21:8-14)
The
story of Abraham and the release of Hagar is noteworthy. According to
the story, the mockery of the child of promise, Isaac, by the child of the
slave woman, Ishamel, led Sarah to insist on the putting away of Hagar.
Abraham was reluctant to put her away. When God gives Abraham permission to
release the pair, He is clear to say that it is all right to do so in this
situation, and that He will provide for their welfare. This provision is then
set forth in the rest of the story.
God's
words most likely promote the conclusion that Abraham was concerned about
fulfilling his obligation to provide for Hagar and Ishamel. God
affirmed that the obligation of Abraham to care for Hagar was relaxed insofar
as God himself would be a husband and father to them. This story implies that
divorce, because it entails a failure to fulfill an implied vow to provide, is
therefore wrong and only permissible where God Himself releases the husband
from the vow. Man should not put asunder what God has joined, but he
should also not insist for something to stay together when God has said it can
be separated. Groundless putting away is a radical failure to
live up to marital duties, a breach of covenant, and is not in keeping with
godly living.
Tamar
and Judah (Genesis Chapter 38)
When
Onan failed to live up to his part of the marriage covenant, namely providing
a chance for Tamar to bear a child, God took his life.
iv.
DIVORCE UNDER THE
LAW/TORAH
a.
Freedom from an
Abusive Husband (Exodus
21:7-11)
“And
if a man sell his daughter to be a maidservant, she shall not go out as the
menservants do. If she please not her master, who hath betrothed her to
himself, then shall he let her be redeemed: to sell her unto a strange nation
he shall have no power, seeing he hath dealt deceitfully with her. And if he
have betrothed her unto his son, he shall deal with her after the manner of
daughters. If he take him another wife; her food, her raiment, and
her duty of marriage, shall he not diminish. And if he do not
these three unto her, then shall she go out free without money.”
The
chief concern in the day of Jesus was to find a passage giving the husband a
right to divorce the wife. In this text, however, the right of the wife
to force a divorce from her husband and the protection of her interests are
the main concerns. If the husband did not keep his side of the covenant, she
could leave him without alimony but would no longer be a slave (Yes, some
wives were really slaves to their husbands). This passage also addresses
what protection the woman had if her rich husband took another wife;
therefore, even in polygamy, God is concerned with protecting women.
b.
Freedom of the
Divorced Woman
(Numbers 30:9-16)
Some
preachers contend that the Christian woman divorced by her non-believing
husband in First Corinthians 7:15 was not free to marry, though divorced by
her husband. They reach their conclusion by simplistically grasping Luke
16:18, "Whosoever putteth away his wife, and marrieth another, committeth
adultery: and whosoever marrieth her that is put away from her husband
committeth adultery," and applying it without deeper reflection upon its
context or setting. Their ending argument is that the woman is now free
from her husband, but must live out her life as a single woman.
Other
texts specifically written to Christian couples, are often misapplied to all
situations, including this one. For example, 1 Corinthians 7:10-11,
"And unto the married I command, yet not I, but the Lord, Let not the
wife depart from her husband: But and if she depart, let her remain unmarried,
or be reconciled to her husband: and let not the husband put away his
wife." Though the verses are good advice for anyone, they are written
specifically to church members. When two church members divorce, either
one or both, depending on the situation, will immediately be subject to church
discipline - including expulsion in the belief that they may not be saved at
all. However, the situation between two church members is not the same
as between an unequally yoked couple, but spiritual laziness, biblical
ignorance, and cowardice towards church discipline will blur them together.
The
authority of a widow and a divorced woman are contrasted against that of a
married woman in Numbers 30:9-16:
"But
every vow of a widow, and of her that is divorced, wherewith they have bound
their souls, shall stand against her. And if she vowed in her husband's
house, or bound her soul by a bond with an oath; And her husband heard
it, and held his peace at her, and disallowed her not: then all her vows shall
stand, and every bond wherewith she bound her soul shall stand. But if
her husband hath utterly made them void on the day he heard them; then
whatsoever proceeded out of her lips concerning her vows, or concerning the
bond of her soul, shall not stand: her husband hath made them void; and the
LORD shall forgive her. Every vow, and every binding oath to afflict the
soul, her husband may establish it, or her husband may make it void. But
if her husband altogether hold his peace at her from day to day; then he
establisheth all her vows, or all her bonds, which are upon her: he confirmeth
them, because he held his peace at her in the day that he heard them.
But if he shall any ways make them void after that he hath heard them; then he
shall bear her iniquity. These are the statutes, which the LORD
commanded Moses, between a man and his wife, between the father and his
daughter, being yet in her youth in her father's house."
Both
the widow and the divorced woman are treated equally and are allowed to do the
following:
1.
Vows: Both are allowed to make vows upon their own authority.
2.
Covenants: Both are allowed to make covenants upon their own authority.
3.
Remarry: Both are allowed to remarry via marriage covenant.
While
under the authority of a father or husband, the woman's vow could be nullified
by his authority. In the case of widows and divorced women, they are not
considered under a man's authority any longer and thus, their vows stand by
their own volition. From this passage, we can derive that the idea of a man's
authority over a woman does not continue after divorce. For
re-clarification, these women are divorced not because they were self-willed
and rebellious against God and husband, but rather women victimized by a
treacherous or abusive husband.
c.
Freedom from unjust
divorce
(Deuteronomy 22:13-21) 100 months
After
marrying a woman, if a man hated her and brought accusations against her
saying, "She was not a virgin when he married her," the woman had an
avenue to protect her honor. If she was found innocent of his accusation, he
had to fork over 100 months wages to his father-in-law and he couldn't divorce
her. If she was guilty, she was to be stoned to death. God puts a high price
for a woman who loses her virginity through immorality and upon a man that
brings dishonor to a righteous woman's reputation.
d.
Freedom from
desertion
(Deuteronomy 22:28-29) 50 months
If
a man and a single woman are caught fornicating, he must marry her, pay 50
months wages, and he could not put her away because he had humbled her.
e.
Freedom from an
unfaithful wife
(Exodus
20:14)
"Thou
shalt not commit adultery." Leviticus 20:10 "And the man that
committeth adultery with another man's wife, even he that committeth adultery
with his neighbour's wife, the adulterer and the adulteress shall surely be
put to death."
The
law provided a means of putting away an unfaithful wife... traditionally
stoning. Later, divorce was an accepted alternative when under foreign rule.
f.
Freedom from a
despised wife (Deuteronomy
24:1-4)
"When
a man hath taken a wife, and married her, and it come to pass that she find no
favour in his eyes, because he hath found some uncleanness in her: then let
him write her a bill of divorcement, and give it in her hand, and send her out
of his house. And when she is departed out of his house, she may go and
be another man's wife. And if the latter husband hate her, and write her
a bill of divorcement, and giveth it in her hand, and sendeth her out of his
house; or if the latter husband die, which took her to be his wife; Her
former husband, which sent her away, may not take her again to be his wife,
after that she is defiled; for that is abomination before the LORD: and thou
shalt not cause the land to sin, which the LORD thy God giveth thee for an
inheritance."
Without
a doubt, the most erroneously celebrated text on the subject of the husband's
right to divorce his wife is Deut 24:1-4. By the time of Jesus, it was nearly
the only passage being discussed in this connection, which makes it another
simplistic approach. Actually, the passage is of little value if
used to that end, for its aim was to protect the woman from an abusive and
hard-hearted husband. It provides no moral "right" to divorce,
but only a legal provision within divorce to protect the interests of the
wife. The basic laws that God gave concerning this situation are as
follows:
1.
Some undesirable condition arises in the wife.
2.
The condition comes to the notice of the first husband.
3.
The first husband divorces her because of the condition.
4.
The wife marries a second husband.
5.
The second husband either dies or divorces the wife.
6.
She cannot go back to the first husband and get married.
a.
She was defiled by the second marriage.
b.
A woman can be defiled by giving birth to a child.
The defilement is symbolic and concerns cerimonial purposes.
The action is not sin.
7.
She can marry another man (but not the first husband).
During
the personal ministry of Jesus, there were two major schools of thought
concerning divorce. Both were based upon a misunderstanding of why the rules
were given to Moses. The school of Shammai taught that sexual adultery was the
only scriptural reason for a justified divorce. The other school of thought,
Hillel's school, taught that anything that the husband found undesirable in
the woman was a valid ground for a legitimate divorce.
By
the time of Jesus, the death penalty was seldom if ever used for the offense
of adultery. This is clear not only from a consideration of the Shammia-Hillel
debate, wherein both schools presumed that adultery would be grounds for
divorce, not death, but from a consideration of the fact that Israel was a
dependent nation and had to function under the laws of the overlords. Rome, at
least according to the Julian laws, did not recognize adultery as a capital
crime, except under the rarest circumstances (Another example of why justice
by committee or democratic morality fails in comparison with God’s law).
To
expound upon the recognition that divorce was a viable alternative to death,
several passages in scripture can be cited.
1.
Divorce as a step
to Restoration from Adultery
(Hosea 1 & 2)
God
placed his stamp of approval upon this marriage by leading Hosea to marry her.
One commentary says this about the marriage, "Gomer, at the time of her
marriage was not a woman of loose morals. Archer concludes his discussion by
saying: 'If Hosea delivered his message in later years, he may well have
looked back upon his own domestic tragedy and seen it in the guiding hand of
God. Hence the Lord's encouragement to marry her in the first place, though
her future infidelity was foreknown to God, would have been tantamount to a
command.'" The point that needs to be driven is that a marriage that ends
in divorce does not necessarily mean that the marriage itself was not the will
of God, nor does it necessarily mean the man married in response to a hormonal
overload.
A
large percentage of independent Baptist preachers treat others, especially
other preachers, like Job was treated. As in the book of Job, men
could have pointed to Hosea and said, "This has happened because of your
sin or because you violated a principle of good marriage or you failed morally
in the marriage." Elihu, the observer to Job, noted that some tragedy
happens for our purification and for the ultimate glory of God.
Regrettably, upright and conscientious men have been shunned from the ministry
though they had not sinned. This is not to say that every man is
blameless in divorce and still qualified to pastor, only that spiritual
laziness finds it easier to ostracize or gossip instead of expending the
effort to rightly judge the situation. We should judge rightly and
accept the consequences.
Several
things are outlined that Hosea will do to Gomer as a form of discipline. Among
them is divorce (Hosea 1:1-11). In keeping with the spirit of believers,
Hosea exercised the means to reconcile the marriage when the opportunity
availed itself. Gomer never returned to Hosea, but Hosea was later able to
buy her as a slave girl. Not many believers have been afforded the same avenue
of reconciliation that Hosea was allowed, but all should hope to have the same
attitude regarding reconciliation.
2.
Divorce as the
ultimate Solution for Spiritual Adultery
(Ezra Chapter 9 and Chapter 10)
Ezra's
advice to put away the strange (non-Jewish) wives is an example that men of
God did view divorce as a means to dissolve an illegitimate marriage between
Jews and the ungodly nations surrounding them. The men divorced their
wives, gave up their children, if they had any, and having done so, also made
an animal sacrifice because of their previous disobedience. Some
authors have proposed that this method is required in repentance for a
believer who, in rebellion to the church's prohibition, marries an unbeliever.
In other words, they suggest if a person rebels against the teaching of the
church and marries a non-believer, then to be able to be received back into
fellowship, they would have to put away the non-believer as proof of their
repentance. Hard core? Well, I wouldn't let the former member just
waltz back into church after flaunting their disobedience to Scripture.
Jeremiah
3:8 "And I saw, when for all the causes whereby backsliding
Israel committed adultery I had put her away, and given her a bill of divorce;
yet her treacherous sister Judah feared not, but went and played the harlot
also." God, the divorcer, and Israel the divorcee. It is
evident that God recognizes divorce, under proper conditions, as a form of
disciplinary action.
1.
As a method of
Treachery or selfishness
(Malachi 2:16)
“For
the LORD, the God of Israel, saith that he hateth putting away: for one
covereth violence with his garment, saith the LORD of hosts: therefore take
heed to your spirit, that ye deal not treacherously.”
Many
preachers say, "God hates divorce." However, the
Scripture didn't say it in such a blanket format. Malachi 2:16 qualifies
the type of divorce by providing a specific scenario in which God hates
divorce: for one covereth violence with his garment. It did not place
God hating divorce in every situation. If divorce per se is treachery,
then God is treacherous and Hosea is treacherous since they divorced their
"wives." It is not that God hates divorce
because it is treacherous but that he hates treacherous divorce. A
treacherous divorce is a divorce grounded upon nothing more than the
desire to be monogamously or otherwise devoted to another person in stead of
their spouse.
In
his book, Myth, Laney suggests that the oracular statement that such
men "covereth violence with their garments" may be a colorful way of
underscoring the treachery of these divorces. He points out that in Ruth 3:9
and in Ezek 16:8, the prospective husband spreads his garment over the woman
to symbolically show his intention to protect her. Violence is
chamac in the Hebrew tongue. Chamac means a wrong, a cruelty, an
injustice, violence. Great hypocrisy can be found in the man that covers
violence with his garment. He
performs a grievous wrong to unjustly cast aside a woman that he had publicly
pledged to protect. A man who
casts aside his espoused wife to monogamously wed himself to another woman is
indeed cruel. Many men marry with the attitude that if it doesn't work
out, they will find someone else - a total shirking of their responsibility in
their marriage covenant. It is
against this mindset that God rails His hatred.
The
divorce that God hates is a treacherous, self willed, unfounded divorce.
To allow a man to cover violence with his garment would be allowing a
form of legal rape to exist. To
compound the matter, the woman put away would be deemed as having been put
away because of some wickedness. Thus,
the innocent woman could be falsely branded an adulterer. It is in this vain
of thought we find men committing adultery to marry another, and the divorced
woman being thought of as an adulterer, though her former husband was the
cause of her plight. The bottom line: God hates unjust divorces.
Romans
7: 1-3 “Know ye not,
brethren, (for I speak to them that know the law,) how that the law hath
dominion over a man as long as he liveth? For the woman which hath an husband
is bound by the law to her husband so long as he liveth; but if the husband be
dead, she is loosed from the law of her husband. So then if, while her husband
liveth, she be married to another man, she shall be called an adulteress: but
if her husband be dead, she is free from that law; so that she is no
adulteress, though she be married to another man.”
Note
that the author of Romans indicates that the understanding of the above
passage resides with those who understand the Torah, Jewish law. With
such indication, it stands to reason that all the diminutive points of the law
would not be spelled out here by the writer. The author does not go into
all the details about portions of the law that describe how a woman may be put
from her husband in divorce. We have already seen that it does speak on
this subject, and readers knowing the Law would be cognizant of them.
It suffices to say that as long as the husband lives, the Law has rules
concerning his marriage. The Law also dictates circumstances where
the woman is able to loose herself from her husband. Yet here in
Romans 7:1, the emphasis is how she should not be made loose from her
husband. The focal point in this passage is not what other ways a woman
can become freed, besides the death of the husband, but rather that she cannot
simply rebel to go marry another without being branded an adulterer under the
Law. Since she left her husband without authority under the Law to marry
another, the law convicts her of adultery. However, if her husband was
dead and she married another, the adultery issue is moot.
III.
The Teachings of Jesus and Paul
A.
THE TEACHINGS OF
JESUS ON DIVORCE Matthew
5:31-32 It hath
been said, Whosoever shall put away his wife, let him give her a writing of
divorcement: But I say unto you, That whosoever shall put away his wife,
saving for the cause of fornication, causeth her to commit adultery: and
whosoever shall marry her that is divorced committeth adultery.
By
the time of Christ, the Deuteronomic provision (Deut 24:1-4) for the wife of a
hard-hearted husband protecting her from his treacherous intentions had
been turned upside down to favor the husband. Pharisaical schools argued
back and forth over what had to be wrong with the wife before the
husband could exercise his "right" to put her away. The liberal
school of Hillel thought that a man had the right to end his marriage if his
wife did something he found distasteful. The conservative school of Shammai
thought the man's right to divorce was limited to the case of a wife who had
committed adultery. Both schools were concerned for the rights of the man and
had little concern for the woman, thus reversing the concern of Scripture.
During
the days of Christ's majority, the son of Herod the Great, Antipas, had an
affair with his half-brother Philip's wife, Herodias. Herod and Herodias
divorced their covenant partners in order to devote themselves to each other.
They cared little for the rights of either men or women who were in the way of
their lust. Members of the religious establishment were too satisfied
with their economic and political position to raise much objection to this
transgression of the Law. Only the backwoods prophet, John the Baptist,
dared to rebuke the erring house of Herod with Holy Scripture.
In
Christ's answer to the Pharisees, we must remember the nearby context:
"Think not that I come to destroy the law." The principles
Christ lay down did not negate the laws regarding divorce and remarriage.
However, some commentators have Christ refuting all divorce thereby making
Christ a destroyer of the law.
The
near context: "You have heard..." opens a window to the twisted,
misunderstanding of the law by the Pharisees. There are six distinct sayings
of "ye have heard" (5:21,27,33,38,43). They relate to the last six
points of the Ten commandments, man's duty to man. Murder, 21-26; adultery,
27-30; theft, 31-32; false witness, 33-37; coveting and defrauding, 38-42; and
parents, 43-48. While realigning the misapplication of the scripture by the
Pharisees, the hidden refrain within Jesus' six-part response is, "You
think you are innocent, but you are guilty."
Only
the book of Matthew, written to Jews under the Law, records the exception
clause. Upon this clause, there have arisen several interpretations.
1.
Inclusivist interpretation: The idea here is that all divorce is
rejected by Jesus, even divorce that is grounded upon unchastity.
2.
Preteritive view: This school of thought associated with Augustine in
ancient times and with Bruce Vawter in our own, is sometimes called the
"no comment" view. It holds that Jesus skirted the Shammai-Hillel
debated by refusing to comment upon what the offense in Deuteronomy 24:1 could
be.
3.
Separation view: This view allows the separation of the couple, but not
the divorce.
4.
Offense-Clarification view: This argues that the purpose of the
exception clause is to clarify when adultery has taken place. Divorces
based upon porneia are not adulterous, for the adultery was already present in
the porneia. The divorced woman will not then be "made to be an
adulteress" by subsequent remarriage, because the fornication has already
rendered her an adulteress. However, when divorces are based without porneia,
this view begs the question, “When or does adultery take place?”
5.
Permissible view: Jesus hereby signifies an exception to the general
rule of no divorce. This interpretation is by far the one preferred by
scholars, but there the agreement ends, for they differ widely over the
meaning of the crucial offense-term: porneia. The views on what porneia
means range from:
a.
Preconsummational breach of chastity. The marriage can only be broken
before the man's consummation with a bride that has been found to be sexually
impure. This is known at the "Betrothal View." Isaksson holds this
view.
b.
Incestuous or illegal marriages. Only marriages that are shown to be
incestuous are able to be broken. Some include interfaith marriages. This is
known as the "Consanguinity View." Laney, Steele, and Charles Ryrie
hold this view.
c.
Physical Adultery. Adultery after marriage is the only grounds for a
divorce. This range is broadened by some proponents to include such things as
incest, bestiality, and other perversions. This view is known as the Patristic
(early father's) view. Heth,
Wenham, and Matthew Henry hold this view.
d.
Adultery or some other sexual offense. Sexual immorality in general is
grounds for divorce. This view broadens the scope of adultery into
unfaithfulness. It is known as the Erasmian View. Murray and Guy Duty hold
this view.
e.
The Preteritive view says that porneia means whatever the
passage in Deuteronomy 24:1-4 meant. Vawter
holds this view.
There
are some camps which define fornication as being sex before marriage, and
adultery as sex with someone other than your spouse. That definition,
though true, is simplistic in a tunnel vision sort of way. They are
clueless that fornication or its Greek root pornea have any other dimensions.
As such, they state divorce can only occur during the engagement period, if
the prospective bride commits sexual immorality prior to the consummation of
the marriage. The view makes for some mighty bold, albeit erroneous,
preaching in Baptist pulpits.
Acts
15:20 “But that we write unto them, that they abstain from pollutions of
idols, and from fornication, and from things strangled, and from blood."
Porneia
is translated fornication in Matthew 19:9 and Acts 15:20. We can
note several things about porneia. Porneia is not the normal word
for "adultery." The normal Greek word is moicheia, which is
much narrower in scope. The two terms should not be equated. Porneia
and moicheia are found within the same verses in Matt 15:19; Mark 7:21;
ICor 6:9; Gal 5:19; Heb 13:4 thereby showing that the two are not synonyms.
Porneia can include moicheia, as in Acts 15:20 listed above, but porneia does
not necessitate that moicheia be present. Within the text, it can also
be seen that porneia is not limited to sexual infidelity. Although
porneia carries the connotation of sexual overtones, to not allow porneia to
encompass some broader points of fleshly actions would be to negate the
provisions of divorce in the law, a law Jesus said he came to fulfill, not
destroy. The standard definition of porneia to be "immorality in
general" and not only adultery holds true to the Hebrew parallel term zanah
and the use of porneia in the Septuagint. Therefore, even after
marriage, you can commit fornication without committing adultery.
ii.
"Causes her to
commit adultery"
In
1949, R.C. Lenski argued the following points:
1.
The woman of 5:32 is innocent of wrong. It is her husband who has destroyed
the marriage via divorce, thus rendering her unable to fulfill her marital
commitments. Contrary to the commentary by Jamieson, Fausset, and Brown, it is
improper grammatically to find the second husband as the causal agent of
adultery.
2.
The "adultery" relating to the wife occurs at the time of the
divorce, not in some subsequent marriage; 5:32a and 5:32b are independent
clauses not dependent clauses.
3.
The meaning of the word moikeuthanai, translated as commit, is
an infinitive passive not active, and no one has shown that it should be
translated actively. Therefore the phrase, "causes her to commit"
is not an expression of action but of implication. She does not perform
adultery, but she is branded [at the time of the divorce] as an adulteress
because she was put away.
Other
writers, such as Murray, want to show that the word in this passage is being
used in the active case. If it were active, then the woman would be the actor
in the adultery. They argue from
the Septuagint in Leviticus 20:10 and from the text in John chapter eight.
However, none of the scholars can prove in a grammatical study that the
passage in Matthew 5:32 should be viewed as active. The usage in John chapter
eight demands an active tense because of the charges brought against the
woman. The active tense depended
upon the text; whereas the text of Matthew 5:32 does not provide any support
to change the usage from passive to a middle or active sense.
The
whole question in Matthew 5:32 asks, "is she an adulteress or a
stigmatized woman?" The
answer is a stigmatized woman. This
answer is in harmony with Paul's dealing with a woman put away from an
unbeliever. At the time of Paul's response, he did not view her marriage as
having continued. It is to be remembered that the Old Testament was concerned
about the stigmatizing of a pure woman. Twice the Law spoke to such issues
(Num 5:31 by allusion, if she was innocent he will bear guilt; Deut 22:17-19,
if she was innocent he had to pay 100 shekels of silver--100 months wages). If
a disciple is to divorce his wife only on the grounds of porneia, but then
divorces her without these grounds, what does the divorce imply about the
woman? The watching world will
see the divorce and assume that the woman is guilty of some great sin such as
adultery. This in effect puts the
sin of the husband upon the head of the woman! He broke the vow of
provision by divorcing her (treacherously) and framed her with gross sin.
Thus the woman is treated like a piece of property that has received
the stamp of defective, when, in fact, it is the man that is morally
defective. In effect, the husband rendered her as an adulterated woman.
B.
THE SOCRATIC
RESPONSE OF JESUS
When
the religious leaders approached Jesus, they wished to entrap him within the
framework of divorce and remarriage. Not only did Jesus have to contend with
the school of Hillel and Shimmia, he also had Herod and Herodios to battle.
Jesus' response took the form of a Socratic response. Since Christ took
this response form, it is wise to not only see what he said but what he did
not say.
Jesus
posed the question, "What did Moses command you?" Starting from
their answer, Jesus clarified several points derived from their response:
1.
They had been concerned with "when the man may walk away from his
wife." Jesus pointed out that the design of marriage is not to see it
end.
2.
The covenant cannot be dissolved without challenging the One who oversees the
covenant, God.
3.
Jesus does not say, "Since what God joins together is permanent, you
can't get a divorce." To do so would have been exactly what the Pharisees
wanted to trap him with. It would have shown him to be contrary to the
Old Testament and place Him at odds with the Roman magistrates. Jesus affirmed that He came not to destroy the law. Jesus affirmed as strongly as possible, without abrogating any teaching of the Law, the obligation of marriage partners is to stay married. He does not say that it is impossible to sever a marriage bond, nor that you can never have a divorce. He doesn't even use the normal and technical term for divorce here, but instead uses the word chorizo, which is well translated "sunder." In all the other uses of this word in the N.T., it is never used as a synonym for divorce.
Unless
God allows severance of the bond, either through death, thereby placing the
partner outside of the law, or through God's provisions under the law, a
severance of the covenant would be wrong.
In a treacherous sundering, it is man, not God, that allowed divorce.
It was the treacherous attitude that Christ attacked while not destroying the
law. The law, like Christ, stood as a testimony against the hardness of men's
hearts. The Torah limited men in the scope that divorce could take place. This
limitation was needed because men sought to sunder relationships under their
own volition. Divorce, per se, was not sinful. Treacherous divorce, based upon
the hardness of a man's heart, was sinful. The function of the law, when used
correctly, protected wives from wrongful divorce. Christ's teaching also
limited men by pointing out that the purpose of marriage is to seek to be
joined together not to put asunder. He taught that marriage was not created
with the hope that it may end.
Mark
10:10-12 “And in the house his disciples asked him again of the
same matter. And he saith unto them, Whosoever shall put away his wife,
and marry another, committeth adultery against her. And if a woman shall
put away her husband, and be married to another, she committeth adultery.”
Continuing
with the premise that marriage covenants are not created with the hope of
breaking them, Christ again deals with treacherous divorce. Jesus affirms that
a man that divorces his wife in view of becoming monogamously tied to another
woman is guilty of committing adultery against his first wife. The adultery
did not lie within the physical union, since polygamy was permitted though not
proscribed by the law, but by the man forsaking his pledge to provide for his
first wife. Christ then includes the reversal clause, "if a woman shall
put away her husband, and be married to another, she committeth
adultery." Of course Christ was not going against the law, which
has already been shown to allow a woman to divorce her husband under certain
conditions. One thing that may
mislead people is reading the verse as if the man puts away his wife, then at
some later time, as if an afterthought, decides to marry another woman.
Though such a divorce is bad, it doesn't sink to the level of treachery as one
who divorces with an unencumbered marriage to someone else in the making.
Matthew
19:10-12 “His disciples say unto him, If the case of the man be so
with his wife, it is not good to marry. But he said unto them, All
men cannot receive this saying, save they to whom it is given. For there
are some eunuchs, which were so born from their mother's womb: and there are
some eunuchs, which were made eunuchs of men: and there be eunuchs, which have
made themselves eunuchs for the kingdom of heaven's sake. He that is able to
receive it, let him receive it.”
The
response of the disciples to Christ' teaching is a sober one, but their
response does not carry a deep astonishment as some commentators would like to
portray. If Jesus was teaching against all divorce, then the disciples should
have been astonished. We are only justified in saying that the disciples were
sobered by Jesus' teaching that divorce is not a right to be exercised by the
man but an exceptional disciplinary action to be taken only if the spouse has
already broken the covenant, and that any attempt to divorce a wife simply out
of a desire to devote oneself to another woman is the sin of adultery.
Such teaching was not held by any rabbi during Jesus' ministry. Even
Shammai, who permitted a man to divorce his wife if she had committed an act
tantamount to adultery does not go on to call a divorce without such a ground
the "sin of adultery." In effect, the Pharisees knew nothing
such as Matthew records Jesus teaching: that adultery need not involve sex,
that it may be constituted simply by a man breaking his vow of continuing
provision for his spouse (even if the breaking is done with legal sanction).
There
are several different views to this passage which are worthy to be listed:
A.
The Renunciation of Marriage View. Jesus is promoting celibacy for the
sake of the kingdom.
B.
The Celibacy of the Divorced View: These verses refer to the husband
whose wife has been put away, requiring him to consecrate himself to a
celibate life (at the least, until his former wife dies).
1. This view believes the men that "cannot receive this saying" are
the Pharisees and "those to whom is has been given" are the
disciples of the kingdom. (For years I used to hold this view, out
of my own ignorance and laziness to study, merely because I thought it was the
gung-ho thing to do. Hard core, gung-ho, straighter than straight is not
always the Scriptural way. Just because it makes good preaching, doesn't
mean it will stand up to a really detailed Bible study.
As noted earlier, such self-imposed sacrifices have a show of wisdom in
will worship, but only a show.)
C.
Intended for the Married View. These verses are Jesus informing his
disciples that his teaching of marriage is directed to married folks.
The disciples were suggesting that celibacy should be the norm, but Jesus
points out that celibates are the exceptions, not the rule.
ii.
Synopsis of the
Gospel Accounts
Matthew 19 / Mark 10 a. Matthew alone contains the exception clause and t | |||||||||||||||||||||||||||||