As we continue to explore a Biblical view of divorce, we need to begin with a word about the Bible itself. Our Bibles are in reality a library bound in one cover. The Bible is a collection of 66 writings—letters, sermons, history, songs, prayers, complaints, warnings and prophecies—written by over 40 people over a span of 1600 years in three languages on three continents, and has a mysteriously unifying theme that can only be explained by a good God behind its writing. As Paul so wonderfully summarized…
3:16 Every scripture is inspired by God and useful for teaching, for reproof, for correction, and for training in righteousness, 3:17 that the person dedicated to God may be capable and equipped for every good work.
2 Tim 3:16–17, Biblical Studies Press, The NET Bible First Edition; Bible. English. NET Bible.; The NET Bible (Biblical Studies Press, 2005).
Paul further clarifies that these same texts are able to give us “wisdom for salvation through faith in Christ Jesus” (2 Tim 3:15 NET). I hope you realize that Paul is writing the New Testament as he pens this, meaning the texts that Timothy had known “from infancy” refer to the Old Testament.
I am further convinced by James that we serve a God whose Word does not change, and does not contradict itself.
1:16 Do not be led astray, my dear brothers and sisters. 1:17 All generous giving and every perfect gift is from above, coming down from the Father of lights, with whom there is no variation or the slightest hint of change. 1:18 By his sovereign plan he gave us birth through the message of truth, that we would be a kind of firstfruits of all he created.
Jas 1:16–18, Biblical Studies Press, The NET Bible First Edition; Bible. English. NET Bible.; The NET Bible (Biblical Studies Press, 2005).
Therefore, as we study what the Bible has to say about divorce for the Christian, we need to consider everything the Bible has to say about divorce…yes, even the Old Testament. Over the next few weeks, we’ll discover that those famous sayings by Jesus and Paul about divorce are in fact commentaries on what the Bible had already taught concerning divorce.
The Rights of Women in the Old Testament
What we encounter in looking at the Pentateuch is an overview of the laws of Israel, not a full collection of Israel’s laws. Without wandering off topic, let me simply say there are basic laws any society would need that are not recounted in Scripture. The main purpose of God preserving some laws in Scripture was to highlight the differences between Israel and the rest of the world in faith, ethics, and practice. Dr. David Instone-Brewer, honorary research fellow in Rabbinics and the New Testament at Tyndale House, comments on some of these differences.
“In particular, women have greater rights in the Pentateuch than in the ancient Near East generally…The differences that do exist are in the rights of the wife and the divorcée.”
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), 21.
There are a number of passages that reference divorce throughout the Old Testament that we will explore in future postings. For today, I want to start with the first of two key texts of the Old Testament that directly addresses divorce.
Exodus 21:9-11
In Exodus 21, following the giving of the 10 Commandments, we encounter case law for God’s covenant people to learn, and apply to their future situations. One of these case laws involves a young lady sold by her father as a servant to another Israelite. This is where verse 9 picks up.
21:9 If he designated her for his son, then he will deal with her according to the customary rights of daughters. 21:10 If he takes another wife, he must not diminish the first one’s food, her clothing, or her marital rights. 21:11 If he does not provide her with these three things, then she will go out free, without paying money.
Biblical Studies Press, The NET Bible First Edition; Bible. English. NET Bible.; The NET Bible (Biblical Studies Press, 2005), Ex 21:9–11.
Notice that even this servant is to be treated like a daughter with full rights. Even though this person is owned, they receive full rights as a citizen of Israel and equal family member when getting married (v. 9). If polygamy is practiced by the Israelite man, then the provision for his first wife (in this case, the former servant of verse 9) must continue to include food, clothing, and her marital rights (v. 10). Notice that these are expected as part of marriage regardless of the practice of polygamy.
These three staples are a requirement of an Israelite marriage. And if any of these three things are missing from the marriage, the woman has the right to go free, without payment. That would indicate she did not have to buy her way out of a marriage, nor buy her freedom. She was absolutely free from her marriage if food, clothing, or marital rights were neglected by the husband. According to Stuart, not providing these three items…
“…was sufficient grounds for the wife to be freed from both her marriage (which had been profaned by the discrimination of her husband) and her service…”
Douglas K. Stuart, Exodus, vol. 2, The New American Commentary (Nashville: Broadman & Holman Publishers, 2006), 483.
A note on “marital rights”
Most translations and commentaries view the third word, ענתה (ʿonathah), as sexual relations of the marriage covenant. In other words, if the husband neglects his sexual duty to his wife, the marriage would have legitimate grounds to end. Conversely, it could end if the woman deprived her husband (consider 1 Corinthians 7:3-4).
There is also the possibility of translating ענתה (ʿonathah) as an oil or salve of some type, indicating the necessity to also provide necessary personal beauty/health products. This would exactly mirror the requirements of the neighboring nations including Babylon (consider Hosea 2:5, which references divorce and which we will consider in its full context in a future post).
I believe the NET Bible translation notes summarize the point of this text, and the translation difficulty well.
“The point is that the woman was to be cared for with all that was required for a woman in that situation.”
Translation note on Exod. 21:10, Biblical Studies Press, The NET Bible First Edition; Bible. English. NET Bible.; The NET Bible (Biblical Studies Press, 2005).
Summary of Biblical Divorce in Exodus 21
- There are certain requirements for a marriage to be valid.
- According to Exodus 21, these requirements are food, clothing, and marital rights.
- This text deals with the lowest class of citizenry, and is considered the minimum requirements of a marriage in Israel.
- If these basic needs are not met, the deprived person is free to go.
- The marriage can end because the one party has not fulfilled the obligations of the marriage.
- Nothing in this text indicates the marriage must end. Rather, the wronged party has the choice of ending the marriage.
Next time we will look at Deuteronomy 24.