Divorce and Remarriage in the Church

Biblical Divorce and Jesus – Part 2

In my previous article we began to explore what Jesus has to say about divorce in Matthew 19. We concluded that just because God, Moses, and Jesus all realize that broken marriages exist and may need to end via divorce, we shouldn’t set broken marriages as the ideal outcome for all marriages.

The Pharisees see divorce as the standard, but Jesus sets pure hearts and loving, committed marriages as the ideal, just as it was in the beginning before sin ever entered the picture. Sin is a universal problem. Divorce is painful. Jesus calls us to God’s ideal, rather than accepting brokenness as a way of life. Blessed are those who mourn. Blessed are those who hunger and thirst for righteousness. Blessed are the merciful. Blessed are the peacemakers. This is the way of Jesus. And the way of Jesus doesn’t view marriage as just another relationship bound for the trash heap.
The Pharisees see divorce as the standard, but Jesus sets pure hearts and loving, committed marriages as the ideal, just as it was in the beginning before sin ever entered the picture. Sin is a universal problem. Divorce is painful. Jesus calls us to God’s ideal, rather than accepting brokenness as a way of life. Blessed are those who mourn. Blessed are those who hunger and thirst for righteousness. Blessed are the merciful. Blessed are the peacemakers. This is the way of Jesus. And the way of Jesus doesn’t view marriage as just another relationship bound for the trash heap.

Now, let’s consider some of the consequences that arise from not approaching marriage and divorce biblically.

Consequences of Illegitimate Divorce

Jesus clarifies for the Pharisees the consequence of “any matter” divorces to marry another as causing adultery. When someone misuses the Scriptures about divorce to ordain “any matter” divorces, they have not legitimately divorced their spouse. Again, please note that Jesus is dealing squarely with the Pharisees’ question about Deuteronomy 24. Jesus is not here to abolish the Torah (law), to set aside God’s Word, or to do something different from what the Lord ever intended. What Jesus is doing is strengthening the sanctity of marriage, while rightly interpreting Deuteronomy 24. And Jesus rightly tells us that Deuteronomy 24 only deals with the “nakedness of a matter”, and that matter is sexual indecency, not “any matter.” And when someone divorces someone else for “any matter,” they have not legitimately divorced their spouse. In the eyes of Jesus, the man of Matthew 19 commits adultery when he remarries, because he is still married to his original spouse in the eyes of God.

This statement by Jesus is a protection of the married woman. In that world (though not in God’s intent), women did not have as many freedoms as men. In Jesus’ world, man could unilaterally divorce a woman for “any and every reason”, leaving the woman with very little support. This teaching of Jesus intends to stop these men from using and abusing women in this way under the guise of Scriptural divorce. According to Jesus, when men or women (see the parallel passage in Mark 10:10-12) seek to use the “any matter” exit out of a marriage to chase after another, they are not acting righteously. If they marry another after this, they have committed adultery against their original spouse. Jesus and Aquiba certainly wouldn’t have agreed on legitimate grounds for divorce.

The Disciples are Shocked

10 The disciples said to him, “If this is the situation between a husband and wife, it is better not to marry.”
11 Jesus replied, “Not everyone can accept this word, but only those to whom it has been given. 12 For there are eunuchs who were born that way, and there are eunuchs who have been made eunuchs by others—and there are those who choose to live like eunuchs for the sake of the kingdom of heaven. The one who can accept this should accept it.”

Mt 19:10–12, The New International Version (Grand Rapids, MI: Zondervan, 2011).

It seems the disciples had accepted Hillel’s teaching, which was the predominate divorce teaching of the day. Now hearing Jesus state that marriage was intended to last—that ending a marriage just because you feel like it was unacceptable—the disciples believe marriage may not be a good option!

And Jesus agrees! Well, sort of agrees. The standard of marriage has been set, and Jesus points out that some choose to be celibate “for the sake of the kingdom of heaven.” Jesus goes further to state that those “who can accept this should accept it.” In other words, if one can live a single, celibate life that honors God, they should. And I bet you haven’t heard many sermons about these words of Jesus, or the words of Paul in agreement (see my next post on this).

Many churches have taught that good Christians need to grow up and get married. Both Jesus and Paul would argue that getting married isn’t a sin, but you might live a more faithful, God honoring life by being single. Churches shouldn’t single shame people! Both Jesus and Paul viewed single celibacy as a high calling that should be accepted if possible.

But notice Jesus doesn’t budge on his ideal of marriage. Marriage isn’t to be entered into lightly, and isn’t to be ended lightly either. Any divorce is painful, and divorcing for “any matter” is just plain sinful.

What about the other Jesus on Divorce passages?

Scholars have generally approached the shorter divorce statements of Jesus as abbreviated versions of Matthew 19/Mark 10. These abbreviated accounts appear in Matthew 5:31-32, as well as Luke 16:18, and should not be viewed as in conflict with Matthew 19. As is the case with many themes in the Sermon on the Mount, the quotable moments from the sermon are later elaborated upon by Matthew’s stories of Jesus. The purpose of abbreviation was to produce a short statement that could be easily remembered, and jogged the memory to recall the fuller statement later. Therefore, 5:31-32 is the shocking attention getting statement, and is fleshed out more fully by the Pharisee’s testing in Matthew 19.

Let’s take Matthew 5:31-32 on its face value. If this was the only statement from Jesus that we had on divorce, then Jesus would clearly not agree with Scripture since the whole point of the certificate of divorce was to allow the newly divorced woman to marry again. The only remarriage of that woman that was forbidden was back to her original spouse. To say this is the final statement of Jesus, and everything must be filtered through this abbreviated statement puts the words of Jesus in conflict with Deuteronomy, God’s own divorce and reasoning in Jeremiah 3, and with his apostle Paul (we’ll deal with this passage next). One needs to understand the fuller context of Jesus’ teachings here in order to discern a Biblical theology of divorce that tracks with all Scripture has to say about divorce, and allowing Jesus to be our guide through those texts. Reducing Matthew 5 to a standalone verdict on divorce creates textual disharmony, and puts the Holy Spirit at odds with Himself. Let’s avoid oversimplifying complex Biblical teachings, and instead adopt a more nuanced understanding. Doing good Biblical theology matters.

Historical context also matters when we consider the larger contextual flow of this portion of the Sermon on the Mount, namely the leadership of the Jewish people in that time. Herod Antipas had a public divorce from his wife in order to marry the wife of his brother, Herodias. This is the illegitimate marriage John the Baptist criticized, was arrested for, and ultimately put to death over (see Matthew 14 for more on this). In the Sermon on the Mount, Jesus in rapid succession speaks of murder (5:21-26), adultery (5:27-30), and illegitimate divorce (5:31-32), all of which Herod Antipas was guilty of, and publicly known for. Jesus certainly wasn’t one to pull punches when dealing with the religious elite. Instone-Brewer provides a good summary of Luke 16.

The precise wording of the Lukan version fits the actions of Herod Antipas particularly well. It describes the actions of Herod, who divorced his wife in order to marry Herodias, and Herodias, who divorced her husband Philip in order to marry Herod (Josephus, Ant. 18.110–12). The verb describing the woman as ἀπολελυμένην, “divorced,” is usually translated as a passive, but it could also be a reflexive middle, which would fit Herodias better because she initiated the divorce herself. This makes sense in the context of Luke where the Gospel speaks about the ministry of John the Baptist (in v. 16). John was the only person who stood up against Herod and told him that he was acting sinfully.
The more serious problem with these shorter versions is the misunderstanding that they can produce in a reader. When Jesus’ conclusion is removed from the context of the debate, it is impossible for a reader to understand the meaning.

David Instone-Brewer, Divorce and Remarriage in the Bible: The Social and Literary Context (Grand Rapids, MI; Cambridge, U.K.: William B. Eerdmans Publishing Company, 2002), 160–161.

I appreciate Instone-Brewer’s summation of Luke 16:18 being about John the Baptist (16:16) and his criticism of Herod Antipas, to which I believe Jesus issues his own criticism in the parable of the Rich Man and Lazarus in the immediately following verses (16:19-31).

What Jesus never said, and how churches have misapplied it

I have heard many sermons and classes that seem to take Jesus’ words in Matthew 19 as the trump card for any and every divorce on the planet. According to these teachers, if someone divorces for any reason other than sexual infidelity, the divorce is invalid (which ignores whole passages of the Bible). These are not small, misguided churches with uneducated folks doing the best they know how. Some well known megachurches with well educated staff members have also misapplied Jesus’ words.

Well known pastor John MacArthur’s church disfellowshipped Eileen Gray and her children for leaving David Gray, Eileen’s husband, because he had been physically abusing her and their children. Eileen went to her church elders and disclosed the child abuse her husband David had committed. Rather than report the matter to police as required by law, the church instructed Eileen that she and her children must stay with her husband David, stating Eileen needed to “suffer for Jesus” by enduring David’s abuse of her and her children. Eileen Gray was kicked out of the church, and John MacArthur asked everyone to pray for David Gray because he was the victim. David Gray is now serving 21 years to life in a California prison for his 2005 convictions for aggravated child molestation, corporal injury to a child, and child abuse.

If you truly believe Jesus wants the victims of abuse to stay with their abuser, you truly don’t know Jesus and his teachings. If you believe that a violent, abusive marriage is God honoring simply because sexual immorality hasn’t occurred (turns out it actually did happen in this case), you don’t know the Word of God. Exodus 21 sets the bare standards of a God-honoring marriage, and Eileen Gray’s divorce was absolutely valid. Jesus never came to delete Exodus 21 from our Bibles. Jesus corrected the Pharisee’s distorted understanding of Deuteronomy 24 and the ways they used it to abuse women. And sadly, people have taken these same words of Jesus and also abused women with them. May God forgive our wicked ways.

As of the time of this writing, Grace Community Church has not retracted their statements, acknowledged any wrong doing, or apologized for their role in perpetuating Eileen’s abuse by ignoring her cries for help. They stand by their statements and inaction.

There is so much more that could be written about Jesus and Matthew 19, and perhaps I’ll return to this passage in future posts to address any questions you may have on this passage. Next week we will turn our attention to Paul and 1 Corinthians 7. But for now, let’s consider what Jesus did and didn’t say.

  • Jesus responds to a question from the Pharisees, which directly quotes the common interpretation of Deuteronomy 24. Jesus’ response is then an interpretation of Deuteronomy 24.
  • By responding to one text of the Bible, Jesus did not abolish other texts of the Bible on the same subject. Therefore, Exodus 21 is still a valid teaching about divorce for today (as we’ll see when Paul deals with divorce in 1 Corinthians 7).
  • Jesus taught that the one who ends a marriage without valid grounds (the man in the case of Matthew 19, and either party in the case of Mark 10) to marry another is guilty of adultery.
  • Notice that Jesus never condemns the victim in these divorces. If one party wrongly divorces the victim, the victim has done no wrong. In this case, one party has sinned and one party is innocent. It is the one who abuses their spouse through an illegitimate ending of the marriage that is guilty.
  • I reiterate my original point in this series of posts that being divorced does not make one guilty of sin. Divorce is often caused by sin, but divorce itself is not a sin. In the examples Jesus gives, the wronged party has done no wrong, and should feel no shame for their divorced status. The hard heart of the former spouse is the reason God gave a certificate of divorce, which frees them to marry again.
  • Paul’s teachings on divorce draw upon Deuteronomy 24 and Exodus 21, and will further enlighten how to interpret Jesus’ words here.

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
Divorce and Remarriage in the Church

Biblical Divorce and Jesus – Part 1

In my previous article, I concluded our look at the substantive Old Testament texts dealing with divorce. We have previously discussed Deuteronomy 24, and understanding that text is important for interpreting Jesus’ words on divorce, especially when it comes to Matthew 19. If you have not read the article on Deuteronomy 24, please do so before continuing with this post.

When we read the words of Jesus concerning divorce in Matthew 19 with an Old Testament eye, we find Jesus is not laying down new rules for marriage and divorce. Instead, he is settling the age-old argument of “any matter” and “indecency” (seriously, go read about Deuteronomy 24). Let’s begin by reading Matthew’s retelling of the story.

Matthew 19

3 Some Pharisees came to him to test him. They asked, “Is it lawful for a man to divorce his wife for any and every reason?”
4 “Haven’t you read,” he replied, “that at the beginning the Creator ‘made them male and female,’ v 5 and said, ‘For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh’? 6 So they are no longer two, but one flesh. Therefore what God has joined together, let no one separate.”

Mt 19:3–6, The New International Version (Grand Rapids, MI: Zondervan, 2011).

They Asked Jesus The Wrong Question

When Jesus responds to these Pharisees, he completely sidesteps their question, and instead shows them the problem behind their desire to ask these questions. You see, the Pharisees want to know what God views as acceptable divorce, to determine when they were allowed to divorce. Instead, Jesus wants them to recognize that God’s ideal is not divorce (even though God himself experienced divorce). Instead, God calls all people to honor all their covenants (Mal 2:10, 16). Jesus wants these Pharisees to realize that marriage should never be entered into lightly, as we are making a commitment to another person for better or worse. Mining the Scriptures looking for loopholes to end a marriage because a woman burned your toast, or because you found someone more attractive, is never what God intended. And yes, Jewish rabbis of the day actually made these theological arguments from Deuteronomy 24. Just consider this quote as recorded in the Mishna, Gittin 9:10.

9:10 A The House of Shammai say, “A man should divorce his wife only because he has found grounds for it in unchastity,
B “since it is said, Because he has found in her indecency in anything (Dt. 24:).”
C And the House of Hillel say, “Even if she spoiled his dish,
D “since it is said, Because he has found in her indecency in anything.
E R. Aqiba says, “Even if he found someone else prettier than she,
F “since it is said, And it shall be if she find no favor in his eyes (Dt. 24:1).”

Jacob Neusner, The Mishnah : A New Translation (New Haven, CT: Yale University Press, 1988), 487.

To Jesus, the intent of man and woman being made for one another, designed by God to overcome the shortcomings of the other, working together to fulfill God’s design for humanity…that’s what marriage should be. Hillel, Aqiba, and the Pharisees show they have forgotten why marriage even exists, and spend their time looking for the first instance when a marriage can be ended to pursue others.

Is Jesus Ignoring Scripture?

After realizing that Jesus has destroyed their motivation for asking about divorce, the Pharisees are clearly confused. Is Jesus setting aside the Scriptures? The very word of God came through Moses after all (Exod 7:1-7), and Moses clearly indicated that divorce was legal, even requiring a certificate of divorce. So, they question Jesus again.

7 “Why then,” they asked, “did Moses command that a man give his wife a certificate of divorce and send her away?”
8 Jesus replied, “Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning. 9 I tell you that anyone who divorces his wife, except for sexual immorality, and marries another woman commits adultery.”

Mt 19:7–9, The New International Version (Grand Rapids, MI: Zondervan, 2011).

Jesus once again points out that God’s original intent was not for humans to divorce. They were to be together forever in unity with each other and with him. But that’s not what happened. Sin entered the garden, and damaged the relationship between husband and wife, breaking down every human relationship from what God intended. As Derek Kidner so aptly summed it up in his commentary on Genesis, “‘To love and to cherish’ becomes ‘to desire and to dominate.'”

One of the effects of sin was the hardening of our hearts toward one another. This is the root cause of all our struggles in this world. And when our hearts are hard, we act in unkind and unloving ways toward one another. And sadly, this sometimes damages marriages beyond repair. This is why Moses gave the certificate of divorce. Moses was not operating outside the will of God by doing this, but rather God led Moses to navigate the best of a bad situation. But just because God, Moses, and Jesus all realize that bad situations exist, we shouldn’t set bad situations as the bar. We shouldn’t set broken marriages as the ideal.

The Pharisees see the divorce as the standard, and Jesus sets pure hearts and loving, committed marriages as the ideal, just as it was in the beginning before sin ever entered the picture. Sin is a universal problem. Divorce is painful. Jesus calls us to God’s ideal, rather than accepting brokenness as a way of life. Blessed are those who mourn. Blessed are those who hunger and thirst for righteousness. Blessed are the merciful. Blessed are the peacemakers. This is the way of Jesus. And the way of Jesus doesn’t view marriage as just another relationship bound for the trash heap.

Coming Next in Part 2

When I finished writing about Jesus and divorce earlier today, I was sitting at over 3,000 words and wondering if I needed to add more (indeed I do). I know that stopping at this point in Matthew 19 causes many to suggest I’m sidestepping what Jesus says next, or I’m diluting his message. I want to reassure you that I am not stopping here. Jesus, the Pharisees, and the disciples tell us much more in Matthew 19.

We will look at what Jesus has to say about the consequences of an illegitimate divorce, what the shocked reactions of the disciples tell us about their understanding of marriage, and what Jesus has to say about living a single and celibate life.

Additionally we’ll dig into Mark 10, Luke 16, and a real life example of how the misapplication of Jesus’ words caused a well known pastor and his megachurch in the United States to disfellowship a physically and sexually abused woman and children for leaving her husband’s/father’s abuse. They did this because, in their understanding, Jesus would only allow someone to leave this situation if the family had proof this man had committed sexual immorality outside their marriage. The man is now in prison for his crimes against them.

For now, let’s take a break and look at what we have learned so far.

Summary of Biblical Divorce thus far in Matthew 19

  • Jesus responds to a question from the Pharisees, which directly quotes the common interpretation of Deuteronomy 24. Jesus’ response is then an interpretation of Deuteronomy 24.
  • By responding to one text of the Bible, Jesus did not abolish other texts of the Bible on the same subject. Therefore, Exodus 21 is still a valid teaching about divorce for today (as we’ll see when Paul deals with divorce in 1 Corinthians 7).
  • Jesus taught that the one who ends a marriage without valid grounds (the man in the case of Matthew 19, and either party in the case of Mark 10) to marry another is guilty of adultery.
  • Notice that Jesus never condemns the victim in these divorces. If one party wrongly divorces the victim, the victim has done no wrong. In this case, one party has sinned and one party is innocent. It is the one who abuses their spouse through an illegitimate ending of the marriage that is guilty.
  • I reiterate my original point in this series of posts that being divorced does not make one guilty of sin. Divorce is often caused by sin, but divorce itself is not a sin. In the examples Jesus gives, the wronged party has done no wrong, and should feel no shame for their divorced status. The hard heart of the former spouse is the reason God gave a certificate of divorce, which frees them to marry again.
  • Paul’s teachings on divorce draw upon Deuteronomy 24 and Exodus 21, and will further enlighten how to interpret Jesus’ words here.

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

Divorce and Remarriage in the Church

Biblical Divorce: Divorce in Israel – Part 2

Last time, we discussed the significance of Exodus 21:9-11 on the discussion of a Biblical view of divorce. We noticed that the text provides the bare minimum standards for a marriage for the lowest level of citizenry in Israel. If those standards were not upheld, the woman had the right to end the marriage and go free. Today we take a look at the next text in our Old Testaments that deals with divorce. This time, we turn to Deuteronomy to look at an extremely important case law which Jesus was later questioned about specifically.

Deuteronomy 24:1-4

In Deuteronomy 24 we are presented with the unfortunate case of a woman who will be divorced multiple times, and a former husband that might seek to gain from this situation. To understand the complexity of this marriage, we need to abandon our cultural norms and embrace the norms of ancient the Ancient Near East (ANE for short), and ancient Israel in order to properly understand this text.

In most of the ANE, woman had no property rights at all. The famous Code of Hammurabi is a great example of the standard laws of the ANE, and shows pretty clearly that women in that culture were often considered as property of a man, with almost no discussion of them actually owning property themselves.

Now let’s consider the ramifications of such a worldview, setting aside for a moment the obvious lack of value this places on half of God’s image. Suppose a man goes away to war and isn’t seen again for quite a long time…years even. If his wife remarries another man, and later the original husband returns, his wife would still be considered his property. All the man would have to do is claim her back, claim any children she’s had in the meantime, and resume life as he sees fit. This is obviously a horrible situation for everyone involved to even have to consider, and yet it was the standard ANE situation when it came to marriage. Some unscrupulous men even manipulated this system for their advantage. This is why Deuteronomy 24 is so drastically different in ancient Israel. Let’s look at the text.

24:1 If a man marries a woman and she does not please him because he has found something offensive in her, then he may draw up a divorce document, give it to her, and evict her from his house. 24:2 When she has left him she may go and become someone else’s wife. 24:3 If the second husband rejects her and then divorces her, gives her the papers, and evicts her from his house, or if the second husband who married her dies, 24:4 her first husband who divorced her is not permitted to remarry her after she has become ritually impure, for that is offensive to the LORD. You must not bring guilt on the land which the LORD your God is giving you as an inheritance.

Dt 24:1–4, Biblical Studies Press, The NET Bible First Edition; Bible. English. NET Bible.; The NET Bible (Biblical Studies Press, 2005).

The “why” and “How” of divorce and Remarriage

The first thing we need to consider here is the “why” of this divorce. This has often been interpreted as being some sort of adulterous situation, however that’s not directly what the text states. The punishment for adultery was death in Israel, so there would be no need to figure out a divorce as the death penalty would obviously end the marriage. The Hebrew phrase is ערות דבר (ʿervat davar), with a literal translation of “nakedness of a matter.” The phrase has caused much debate in Jewish circles, both in ancient times and today. What everyone seems to agree on, however, is this phrase would certainly describe some sort of sexual impropriety, without necessarily being adultery. This could be a situation like Jesus and the woman at the well, which was completely innocent but could have caused people to talk and make accusations (note the call for the husband in John 4:16). In other cases, it could be dressing in appropriately, or having non-sexual yet still emotional relationships with other men. The point is, there is something in the woman’s actions that a husband would have reasonable grounds to protest. If these actions persisted, the husband would have a legitimate reason to end the marriage.

Pay careful attention to verse 2, because it is clear that remarriage of divorced persons was perfectly acceptable in ancient Israel. The verse does not qualify this statement, nor does it put provisions on what caused the divorce, or who was at fault, or any of the other stipulations many Christians like to add to conversations about remarriage after divorce. The text simply says that once the divorce is complete (she has left him), then she is free to go and marry again. Even when the woman is at fault, she is free to marry again, plain and simple. So simple in fact that there’s the possibility/expectation of her to marry a third time after her second divorce or being widowed (24:4).

There’s also information to be gathered from the way the divorce is carried out. 24:3 above uses the phrase “gives her the papers”, but I much prefer NIV’s clear rendering of “certificate of divorce.” This practice was highly unusual in the ANE, so much so that it seems this practice of providing a certificate of divorce for a woman was unique to Israel. In every Israelite marriage, a certificate was part of the ceremony (much like today), but this certificate spelled out what was required in the marriage. Examples of these certificates were found along with the Scriptures known as the Dead Sea Scrolls, and they contained the language of Exodus 21. These stipulations were written on a certificate, and given to the bride who kept it safe because this was her freedom if the marriage should go poorly. If her husband mistreated her, she would petition the husband or the town elders and give witness to the neglect. If it was clear that the accusations were valid, and the woman wanted to leave the marriage, then she was issued a certificate of divorce, a right that very few women in the ancient world could claim. The language would read “you are free to marry any man you wish,” and provided safety for the woman and any future husband, knowing a former husband could not reclaim them at some point in the future after abandoning them.

Why Not Remarry Here?

So why can the first husband not remarry his former wife here? After all, the woman is “free to marry any man” she would wish, except for her first husband in the example. Wouldn’t we hope they could patch things up and get back together? It seems like the Lord has a different view of the situation, calling it “offensive” and citing that guilt will be brought on the land. Notice this is not said about remarriage in general, but only in reference to remarriage to the original spouse (something that a number of churches teach as exactly what should happen, but I digress).

So why not remarry the first husband? A couple of suggestions have been put forward as to why, but in honesty the text isn’t clear on this matter. What is clear is this particular remarriage should not happen. One ANE law scholar, Raymond Westbrook, believed this situation has to do with the dowry, or bride-price. The theory is that if the original husband knew there was “something offensive” about this woman, remarrying her would be under false pretenses just to claim a second dowry from her before sending her away again. The point of Westbrook’s theory is that this law protects the rights of the woman.

Another scholar, Dr. David Instone-Brewer, cites the Shiite practice of mut’ah marriage. It does seem that there was at least some version of this practice carried out in the ANE, and seems to me to be a reasonable possibility of what Deuteronomy 24 seeks to forbid. If this is the case, once again this law would be designed to protect the rights of the woman. Here’s a description from the Wikipedia article linked above.

According to Shia Muslims, Muhammad sanctioned nikah mut’ah (fixed-term marriage, called muta’a in Iraq and sigheh in Iran), which has instead been used as a legitimizing cover for sex workers in a culture where prostitution is otherwise forbidden. Some Western writers have argued that mut’ah approximates prostitution.

Wikipedia entry for “nikah mut’ah,” https://en.wikipedia.org/wiki/Nikah_mut%27ah

Several other suggestions have been put forth, but what is clear in every theory is that this law that forbids remarrying the original husband seeks to protect the woman. In a sense, this law reminds Israel that marriage is a serious endeavor and to treat it flippantly as a possible on again/off again affair is an offense to the Lord.

Marriage is fine. Divorce is fine. Jumping back and forth between the two and degrading the value of marriage is not fine.

Jesus and Deuteronomy 24

For now I’d like to return to the debate over the phrase ערות דבר (ʿervat davar). The NIV’s translation of “something indecent” is helpful here to understand the debate among rabbi’s in Jesus’ day. Both those who followed Hillel and Shammai accepted Exodus 21:10, and taught their disciples exactly what an appropriate amount of clothing, food, and marital rights would constitute a legitimate marriage. When we come to Deuteronomy 24, however, these two famed teachers of Scripture disagreed greatly. The Shammaites believed that Deuteronomy 24 dealt with a case of sexual indiscretion on the part of the woman as discussed above.

The Hillelites viewed this passage differently, separating the phrase ‘ervat davar into two separate items. To borrow the NIV again, Hillelites believed the text provided two valid reasons for the divorce—”something indecent” was interpreted to allow divorce for “indecent” actions, and “something.” What this would mean was if the woman acted indecently, then you could divorce her. Additionally, if she did “something” you didn’t like, such as forgetting to add onions to your scrambled eggs, then you could divorce her. Essentially, the Hillelites championed the “any cause divorce” from this passage, and by the time of Jesus’ ministry, this was the most prevalent cause of divorce in Israel.

Matthew 19 as Commentary on Deuteronomy 24

We will cover Matthew 19 in depth in a later post, but it is important to note the context of a Jesus’ comments there as a discussion about what Deuteronomy 24 allows. Consider the question Jesus is asked by the Pharisees.

Then some Pharisees came to him in order to test him. They asked, “Is it lawful to divorce a wife for any cause?”

Mt 19:3, Biblical Studies Press, The NET Bible First Edition; Bible. English. NET Bible.; The NET Bible (Biblical Studies Press, 2005).

The reason this discussion of “any cause” divorce would be interesting to the Pharisees is because it was the most common form of divorce in the Roman world of the first century. It was common among Gentiles, and even among the Hillelite followers in Judea. Because the question is a direct quote of the Hillelite interpretation of Deuteronomy 24, Jesus’ remarks need to be interpreted in light of his response to their question. In other words, Jesus is not offering commentary on Exodus 21, or Deuteronomy 21 or 22, or Malachi 2, or Jeremiah 3, or any other discussion of divorce in the Old Testament. He’s being asked about the Deuteronomy 24 interpretation of allowing divorce for “any cause”, and Jesus’ response is a resounding “no.” In Jesus’ interpretation, Deuteronomy 24 does not permit divorce for “any and every reason.”

Summary of Biblical Divorce in Deuteronomy 24

  • Deuteronomy 24 assumes legitimate reasons for the divorces mentioned.
  • Marriages in Israel could end based upon ערות דבר (ʿervat davar), with a literal translation of “nakedness of a matter.”
  • Jesus interpreted this text to refer to sexual indecency, and not “any cause” like the Hillelite school. According to Jesus, Deuteronomy 24 does not provide grounds for “any and every reason” or “any cause” divorces. There are legitimate reasons for divorce, but a divorce is not valid unless one of these Biblical standards are met (more on this in future posts).
  • In the case of divorce, the party at fault (in this case the woman) as well as the wronged party (in this case the man) could both marry again without qualification once the divorce was completed (24:2, 4).
  • The woman must be given a certificate of divorce in order to protect her rights to marry again. This was a right that was unique to Israel. Even if the woman was at fault in the original marriage, she was free to remarry another man.
  • Deuteronomy 24 places no limits on remarriage (three potential marriages are illustrated).
  • The only restriction on remarriage is for the original husband remarrying his ex wife. This is strictly forbidden, and is done most likely to protect the rights of the woman.

Next time, we will look at Ezra/Nehemiah in light of Malachi 2.

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