Words of Introduction
As we approach our topic there are some introductory remarks that must be made. These words are necessary before beginning the exposition of the several texts that are germane to this study.
At the very first, we must agree that divorce must never be seen as an Easy Fix to any marriage that is not perfect—for no marriage ever is. However, it must also be acknowledged that divorce is a biblical ordinance instituted and regulated by God in the Old Testament Law (see Deuteronomy 24:1-4); the teachings of Jesus that are found in Matthew 5:27-28; 31-32; 19:1-9, with the parallel passages of Mark 10:2-12; Luke 16:18; and the instructions of the apostles which are represented in 1 Corinthians 7:1-40. Through these relevant texts it is demonstrated that Christ (and His Church) not only recognized the legitimacy of divorce, but extended its privilege beyond the parameters of the Old Testament (which limited the right of divorce to husbands), to include the wife within its prerogatives (see Mark 10:11 and 1 Corinthians 7:15).
Biblical marriage is a legal contract between a man and a woman, binding each to perform certain socially prescribed roles that are at once physical and spiritual in their reach. This contract covered the lifetime of the contracting parties.
However, it is equally as important to understand that the “Bill of Divorcement” is a legal instrument which removes the obligations of a marriage contract that is, essentially, a sociopolitical concept. The Christian teaching is that, religiously, divorce originally laid outside Godʼs will; but politically had to be allowed because sin entered into the human family. Therefore, in the tension between the religious high ground of an idealistic state of no divorce, and the practical reality of political necessity which allows it, there are two basic ethical questions asked by Christians:
1.) Is a Christian ever justified in seeking a divorce?
2.) Once divorced, may a Christian remarry?
When considering whether divorce is ever right, one must recognize that Yahweh, Himself, divorced Israel. I give the passages here for the readers’ consideration:
Isaiah 50:1
“Thus saith the LORD, Where is the bill of your motherʼs divorcement, whom I have put away? ... and for your transgressions is your mother put away.”
And,
Jeremiah 3:8
“And I saw, when for all the causes whereby backsliding Israel committed adultery I had her put away, and given her a bill of divorce; yet her treacherous sister Judah feared not, but went and played the harlot also.”
Having, as we do, these passages before us (where Yahweh engaged in divorce against an unfaithful wife) it must be admitted, if we are honest, by all concerned, that there is no unrighteousness with God. This is emphasized by the Psalmist when he writes: “The LORD is righteous in all his ways, and holy in all his works” (Psalms 145:17). We also know that the Holy One cannot commit sin. This truth is elucidated by the Beloved Apostle: “Whosoever committed sin transgresseth also the law: for sin is the transgression of the law. And ye know that he was manifested to take away our sins; and in him is no sin. ... He that committeth sin is of the devil; for the devil sinneth from the beginning. For this purpose the Son of God was manifested, that he might destroy the works of the devil” (1 John 3:4-5, 8).
So, then, the Lord God, Himself, divorced His wife because of unfaithfulness. Some say He divorced Israel to take the Gentile church for His new bride. Whether this is true, or not, is not really the point. The point is that most who teach against divorce and remarriage believe and accept it. Many see the story of Estherʼs replacement of Queen Vashti (see the Old Testament book of Esther) as a type of Israel being replaced by the Church. It is not our purpose to defend, or deny, the validity of these types, but only to show that most schools of thought accept the metaphor of divorce in Yahwehʼs relationship with His wife Israel. The fact, then, that Yahweh divorced His wife is proof that there is no intrinsic evil in divorce. Why? Because There Is No Evil in God! (See Psalms 145: 17 above.)
Because Of the Hardness of Your Hearts
Jesus told the Pharisees that Moses (and, by association, God) allowed husbands to divorce their wives because of “... the hardness of your hearts” (Matthew 19:8). Here, the phrase “hardness of your hearts” references husbands who have stopped loving and caring for their wives. Moses allowed divorce in order to set the woman free to go to another man—who would love and care for her. The Words of Institution, written by Moses (under the inspiration of the Holy Spirit), makes this point clear (see Deuteronomy 24:1-4). The law of First Mention (one of the laws of the Art and Science of Scriptural Interpretation) sets the scriptural tone, for divorce, that resounds throughout the Bible. That tone is Mercy. The Law of Moses instituted divorce in Deuteronomy 24:1-4 to emancipate rejected wives from husbands whose hearts had grown hard toward them. One need only recall the words of Jesus: “... Moses, because of the hardness of your hearts suffered you to put away your wives” (Matthew 19:8).
We should not think, here, that God is catering to the sin-nature of the hardhearted Israelites; that would be unworthy of a holy deity. No! That the Almighty granted divorce is not a caving-in to the callousness of the husbands on Godʼs part; it was in consideration for the rejected and unloved wives.
When Chrysostom (lived A. D. 347-407) wrote on this statement (i.e. “the hardness of your hearts”), he suggested that the Lord God allowed divorce for both moral and social reasons. It would be good to quote him at some length here:
“There was an ancient law made that he who hated his wife, for whatever kind of cause, should not be forbidden to cast her out, and to bring home another instead of her. The law, however, did not command him simply to do this, but after giving the woman a writing of divorcement, that it might not be in her power to return to him again; that so at least the figure of the marriage not remain.
“For if He had not enjoined this, but it were lawful first to cast her out, and take another, and afterwards to take back the former the confusion was sure to be great, all men continually taking each otherʼs wives; and the matter thenceforth would have been direct adultery. With a view to this He devised, as no small mitigation, the writing of divorcement.
“But these things were done by reasons of another, and far greater wickedness; I mean, had He made it necessary to keep in the house her even that was hated, the husband, hating, would have killed her. For such was the race of the Jews. For they who did not spare children, who slew prophets, and “shed blood as water,” (see Psalms 76:3), much more would they have shown no mercy to women. For this case He allowed the less, to remove the greater evil. For that it is not a primary law, hear Him saying, ʻMoses wrote these things according to the hardness of your heartsʼ that he might not slay them in the house, but rather put them out. But for as much as He had taken away all wrath, having forbidden not murder only, but even the mere feeling of anger, He with ease introduces this law likewise. With this view also He is ever bringing to mind the former words, to signify that His sayings are not contrary to them, but in agreement: that He is enforcing, not overthrowing them; perfecting, not doing them away.” (John Chrysostom, homily XXVII. On Matthew V. 27, 28).
According to the understanding of the great and noble Chrysostom, divorce was allowed and regulated, to discourage the hardness of the Jewsʼ hearts, also, to militate against wholesale adultery, and even murder.
While we must be quick to denounce the violence done to the holy institution of marriage by the easy button of divorce in our modern society, we must acknowledge the God-given right to a “bill of divorcement” as a testimony of Godʼs mercy and love for the one who is no longer loved, and is being held bound to an unmerciful master: namely, a husband with a hardened heart; or in our day, perhaps, even a wife.
Christian Teaching: Egalitarian
In the Old Testament economy, the right to divorce belonged to husbands only. “While the woman could not divorce her husband, she could go before the court and compel him to divorce her if he had certain diseases, if he was engaged in certain obnoxious trades, made vows to her detriment, or forced her to make such vows” (Sherman E. Johnson: The Interpreterʼs Bible).
Flavius Josephus, writing in the last quarter of the first century, gives testimony to the helplessness of the Jewish wife if her husband chose not to divorce her. When recording the account of Salome (the sister of Herod the Great) divorcing her husband, Costobarus, Josephus writes: “But sometime afterward, when Salome happened to quarrel with Costobarus, she sent him a bill of divorce, and dissolved her marriage with him, though this was not according to the Jewish laws; for with us it is only lawful for a husband to do so; but not the wife; if she departs from her husband she cannot, of herself, be married to another, unless her husband put her away.” (Josephus, antiquities 15. 7. 13 [259]).
Under these circumstances a wife may still be held in an unhappy existence where she is unloved and uncared for; the husband would simply take another wife while ignoring the unloved one. Such practices were prevalent because plural marriages were allowed, under the Old Testament economy.
However, the event of Christ, and the establishing of His church, extended the prerogative of divorce beyond the husband to include the wife. Jesus alludes to the right of a wife to divorce her husband in Mark 10:12 (this passage will be examined thoroughly a little later). Moreover, the apostle Paul states the case clearly: “But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such cases” (1 Corinthians 7:15). We must take note here that even a “sister” is not to be held bound to a husband that leaves her.
Christian law was extended by the Apostle Paul, from sexual impropriety (as taught by Christ in Matthew 5:32), to include abandonment as indicated above. According to the Shepherd of Hermas (Mandates 4), and from the Second Apology of Justin Martyr, we learn of a persecution that was brought upon the Christians for just such a practice of divorce.
The egalitarian nature of the Lordʼs church is demonstrated by the right to divorce and remarry being granted to both sexes, as is seen in both the teachings of Jesus (Mark 10:11-12), and of the Apostle (1 Corinthians 7:15).
The Bill of Divorce and Remarriage
The phrase, “divorce and remarriage,” is redundant (although we use it repeatedly in this work), in that the “bill of divorcement” is the LICENSE to remarry. To validate this, one need only read the Words of Institution on divorce:
“... 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 manʼs wife” (Deuteronomy 24:1-2).
There is no confusion in the statement, “... she may go and be another manʼs wife.” The legal permission, granted by the “bill of divorcement,” to remarry is witnessed to by Josephus, where he said: “... but a wife, if she departs from her husband cannot of herself be married to another, unless her husband put her away.” (Antiquities 15. 7. 13 [259]). The putting away spoken of by Josephus is of course the “bill of divorcement” that only the husband could grant, under the Jewish law (i.e. Law of Moses).
The central thought of this treatise is that: The “bill of divorcement” is the license (legal permission) to remarry. Far too often, many in the Western world view divorce as intrinsically evil. But, as we have seen from the Words of Institution (Deuteronomy 24:1-4) that is simply not the case. In fact, the fundamental purpose for Yahweh granting divorce was to free a woman from an unloving, and possibly abusive, husband. In this case the womanʼs “bill of divorcement” announced, to whomever presented, her authority to remarry.
This truth is so often overlooked by those teachers who, not knowing the Word of God, wish to lay burdens upon people that are grievous to bear. These teachers remind one of the Pharisees of Jesusʼ day who EXPANDED the commandments from 10 to 613. Jesus said to his disciples concerning them: “... do not ye after their works: for they say, and do not. For they bind heavy burdens and grievous to be borne, and lay them on menʼs shoulders; but they themselves will not move them with one of their fingers. But all their works they do for to be seen of men: they make broad their phylacteries, and enlarge the borders of their garments” (Matthew 23:3-5).
The enlarging of their phylacteries and the hems of their garments were indicative of their enlarging of the law: namely, demanding more than the Word of God required. At some egotistical level, satisfaction was achieved by influencing their followers to live more severe lifestyles than required by their God-given law.
From time to time this kind of task-mastering is witnessed in the Lordʼs Church, and should be resisted. It should be resisted because it flies in the face of apostolic principal which levies no heavier burden “than the necessary things” (see Acts 15:28).
Sadly, this pharisaical spirit is at work motivating the unlearned to teach and preach against the institution of divorce. One cannot help but wonder: What sickness of the soul garners satisfaction from seeing a fellow Christian suffering in a matrimonial state of affairs where he or she is unloved and mistreated? Whether the abuse is physical or emotional matters little.
This is especially unfortunate since Father God instituted (through the prophet/lawgiver Moses) the Bill of Divorcement, for the specific purpose of freeing one from such circumstances (Deuteronomy 24 1-4); circumstances which arose because of the HARDNESS of the hearts of the men of Israel (Matthew 19:8).
In Conclusion
Having written these introductory remarks, I will attempt to do an E2 (Expository Exegesis) of the texts which speak to the subject of divorce, and by association, remarriage. Also, in the coming chapters one may expect to find the subject of adultery addressed in a straightforward manner.
This study will bring us to the following texts: Matthew 5:27-28, 31-32; 19:1-9; Mark 10:2-12; Luke 16:18; Romans 7:1-3; 1 Corinthians 7:1-40.
It would be impossible for me to overemphasize the need for having a thorough understanding of the above passages, so that we may be ready to give an answer to every person who asks us the reason for our faith (1 Peter 3:15). The Bible instructs us to: “Study to shew thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth” (2 Timothy 2:15).
The phrase “rightly dividing” is the Greek “orthotomeo” (Strongʼs #NT3718) meaning: to make a straight cut, or, to cut straight through. There is no zigging and zagging in order to miss or bypass an uncomfortable clause, or text.
With the Holy Spirit of God as our guide, we will attempt to follow Paulʼs instructions, as here given, to his son Timothy
Apostolically Speaking,
☩☩Jerry L Hayes, D.D.
This essay is excerpted from the author's book entitled: Finding God's Grace in Divorce and Remarriage. You may purchase this classic work at the link provided here:
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