Biblical Divorce: Divorce in Israel – Part 3

In my previous post, we looked at Deuteronomy 24:1-4 and learned about the debate surrounding this text in Jesus’ time (again, more on that later.) If you are new to this series, my encouragement to you before reading this post is to familiarize yourself with the previous posts in this series, starting with God’s Divorce. God is divorced, and is still perfect and sinless, therefore divorce itself is not sinful. That does not mean, however, that every reason for divorce is valid. The previous posts will help orient you to the purpose, and interpretive lens I’m using for this series. In this post, I’d like for us to consider texts in Ezra/Nehemiah and Malachi. But first a little background.

Ezra/Nehemiah Background: Cautionary tale, or blueprint?

Israel has been completely destroyed, and Judah has been in captivity for years. In Ezra/Nehemiah, God moves and enables a resettling of Jerusalem by those in exile. Though God is clearly behind the resettling, this does not mean every action taken by humans in this text is a representation of God’s will. If it is, then this text would serve as a blueprint for us to follow in our own societies. If you read the final chapter of Nehemiah, the reform is a failure. Nobody seems faithful, God’s Word is not honored, and violence seems to be the solution. Not exactly a picture perfect example of God’s ways being lived out.

Biblical texts sometimes serve as cautionary tales rather than blueprints to follow. We understand this with Jonah, but for some reason we struggle to see this possibility in other texts. Let me suggest that Ezra/Nehemiah is better read as a warning against trying to impose moral change through external behavior, than as a method we should seek to duplicate. For more on this, Carmen Imes has a wonderful article on the subject. The team at Bible Project also does well in illustrating the failed moral reform of these zealous individuals. Their hearts are in the right place, but their actions fall short of God’s ideal ways.

Malachi the prophet is a contemporary of the Ezra/Nehemiah story. Malachi clearly disagrees with the Ezra/Nehemiah approach on several points (one of which we will discuss here). This seems to validate the idea that Ezra/Nehemiah should be considered a cautionary tale. Let’s now look at the Ezra/Nehemiah text as it applies to marriage and divorce, and then we will explore Malachi’s scathing rebuke of Ezra/Nehemiah’s theology.

Ezra 10:1-5, 10

1 While Ezra was praying and confessing, weeping and throwing himself to the ground before the temple of God, a very large crowd of Israelites—men, women, and children alike—gathered around him. The people wept loudly. 2 Then Shecaniah son of Jehiel, from the descendants of Elam, addressed Ezra:
“We have been unfaithful to our God by marrying foreign women from the local peoples. Nonetheless, there is still hope for Israel in this regard. 3 Therefore let us enact a covenant with our God to send away all these women and their offspring, in keeping with your counsel, my lord, and that of those who respect the commandments of our God. And let it be done according to the law. 4 Get up, for this matter concerns you. We are with you, so be strong and act decisively!”
5 So Ezra got up and made the leading priests and Levites and all Israel take an oath to carry out this plan…

10 Then Ezra the priest stood up and said to them, “You have behaved in an unfaithful manner by taking foreign wives! This has contributed to the guilt of Israel. 11 Now give praise to the LORD God of your fathers, and do his will. Separate yourselves from the local residents and from these foreign wives.”

Ezr 10:1–5, 10-11, Biblical Studies Press, The NET Bible, Second Edition (Denmark: Thomas Nelson, 2019).

Again, I highly recommend Carmen’s article to understand what’s going on here. The problem with Judah in this text is not their marriages, but idolatry. Like Solomon before them, they have taken foreign wives and adopted their religious idolatry instead of being the “kingdom of priests” they have been called to be. Ezra has taught the people the Torah, and they have misapplied it to their situation. Even the Messianic line is full of foreign wives, including Ruth. (For more on Ruth, read Ruth: A Story of Hesed, and Looking at Ruth And Seeing God.) The problem is not foreign wives per se, the problem is how these foreign wives are bringing their idolatry into Israel, instead of being transformed into the likeness of Yahweh by Israel.

Notice that the suggestion of divorce comes not from Ezra, but from one of the men in the group. Notice also how the blame is shifted to the foreign wives. The suggestion is if the women and children were not around, then there would be no sin. It’s always convenient to blame someone else for our sins. Ezra goes along with this plan, and indeed calls these Israelite men to divorce their wives and send them and their children away. Ezra’s plan now creates a massive refugee crisis where there is no provision for these “widows and orphans,” as they now have to fend for themselves. And while Ezra’s plan is being carried out, Ezra and all of Israel has forgotten that the very God they serve “loves the orphan and widow, and [he] loves resident foreigners, giving them food and clothing. So you must love the resident foreigner because you were foreigners in the land of Egypt.” (See Dt 10:15-19)

The point I’m making is the sinfulness in the rationale of Ezra’s generation in regards to divorce. This same sinful rationale exists in our generation as well. When we want to do something, we find a verse or passage of Scripture, ignore the context, ignore other verses that conflict with our theology, and act in the way we want to. This is what the people suggest, this is what Ezra blesses, and this is what Malachi denounces.

Malachi 2:10-16

10 Do we not all have one Father? Did not one God create us? Why do we profane the covenant of our ancestors by being unfaithful to one another?
11 Judah has been unfaithful. A detestable thing has been committed in Israel and in Jerusalem: Judah has desecrated the sanctuary the LORD loves by marrying women who worship a foreign god. 12 As for the man who does this, whoever he may be, may the LORD remove him from the tents of Jacob—even though he brings an offering to the LORD Almighty.
13 Another thing you do: You flood the LORD’s altar with tears. You weep and wail because he no longer looks with favor on your offerings or accepts them with pleasure from your hands. 14 You ask, “Why?” It is because the LORD is the witness between you and the wife of your youth. You have been unfaithful to her, though she is your partner, the wife of your marriage covenant.
15 Has not the one God made you? You belong to him in body and spirit. And what does the one God seek? Godly offspring. So be on your guard, and do not be unfaithful to the wife of your youth.
16 “The man who hates and divorces his wife,” says the LORD, the God of Israel, “does violence to the one he should protect,” says the LORD Almighty.
So be on your guard, and do not be unfaithful.

Mal, 2:10-16, The New International Version (Grand Rapids, MI: Zondervan, 2011).

Notice the problem is that the women “worship a foreign god” (v. 11). Compare that to Ruth’s famous “your God will be my God” (Ruth 1:16) and you see the problem. It’s not foreign wives per se, but their idolatry. Ezra’s solution is to promote divorce. The logic is “if you sinned before by entering an idolatrous marriage, then violate your marriage covenant now to make things right. Don’t address the problem, just get rid of it!” Malachi’s rebuttal is to honor your commitments in marriage while being faithful to Yahweh. Malachi’s clear statement on the actions of Ezra and the men of Israel is that they have done “violence to the one [they] should protect.”

Malachi Influences Paul?

It would be easy to just dismiss this text as having to do with a situation that’s almost impossible to recreate today, and therefore of little significance to this study. However, I believe this is the wisdom that Paul draws upon on 1 Corinthians 7, which we will study in depth in future posts. Malachi’s reasoning on the matter would indicate that a divorce that is not founded upon Exodus 21 or Deuteronomy 24 is an invalid divorce. The goal may have been noble (to right a past wrong), but this is clearly not what the Torah instructed about divorce, and therefore the divorce is not valid.

Paul borrows this same logic when he tells the Corinthian church that “each person should live as a believer in whatever situation the Lord has assigned to them, just as God has called them. This is the rule I lay down in all the churches” (1 Corinthians 7:17 NIV). Prior to this, Paul encourages both men and women that if they are married to an nonbeliever, and the nonbeliever is willing to stay with them, then they should not divorce. However, if the nonbeliever no longer wants to be part of the marriage because of the faith of the other spouse, then Paul says “let it be so. The brother or the sister is not bound in such circumstances” (1 Corinthians 7:15 NIV).

Much more on 1 Corinthians 7 later, but understand that Paul does not want to break apart marriages because the couple is what some would refer to as “unequally yoked.” Their marriage should remain, just as Malachi instructed Israel. And in the case of abandonment (1 Cor 7:15, one party wants to leave), there is no shame attached to the other party, and they are free to marry again.

Summary of Biblical Divorce in Ezra/Nehemiah and Malachi

  • Ezra/Nehemiah promotes divorce in order to undo a previous wrong. Both Malachi and Paul show this to be faulty theology and sinful practice (Mal 2:14-16; 1 Cor 7:12-14).
  • Malachi shows that the reason for a divorce matters. With the case of Israel in Ezra/Nehemiah, divorce was not the correct answer. Divorcing someone in an effort to undo a past wrong is not a valid reason for divorce.
  • Though valid reasons for divorce do exist (Exod 21, Deut 24, 1 Cor 7:15, etc.), dissolving a current marriage due to a past sin is not a valid reason.
  • Paul uses this same logic to encourage believers in Christ to stay in the marriage they have if at all possible, because this honors the commitment they made and honors Christ. “Each person should remain in the situation they were in when God called them” (1 Cor 7:20 NIV).
  • If the marriage ends, however, due to legitimate reasons, or one spouse giving up on the marriage, “let it be so” (1 Cor 7:15).

Next time, we will explore the words of Jesus about divorce in their context, and in the larger Biblical context.

Biblical Divorce Series

  1. God’s Divorce
  2. Biblical Divorce: Divorce in Israel – Part 1
  3. Biblical Divorce: Divorce in Israel – Part 2
  4. Biblical Divorce: Divorce in Israel – Part 3
  5. Biblical Divorce and Jesus – Part 1
  6. Biblical Divorce and Jesus – Part 2
  7. The Apostle Paul and Divorce

8 thoughts on “Biblical Divorce: Divorce in Israel – Part 3

  1. Ezra is Malachi. The men had married prohibited women, as second wives, and mistreated their Israelite first wives. NT Jesus contradicts Torah about divorce

    1. Jesus does not contradict Torah about divorce. Take a look at my series on divorce, and you’ll find that Jesus was answering a very particular question about a particular OT passage. Jesus & Paul reaffirm, and strengthen the OT’s teaching on divorce, and never contradict it.

      You can find the series on divorce by clicking here.

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