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MATTHEW CHAPTER 19:1-12
[Note: parallel passages in Mt 5:31-32; Mk 10:2-12]
I) [Mt 19:1]:
"When Jesus had finished saying these things, he left Galilee and went into the region of Judea to the other side of the Jordan."
II) [Mt 19:2]:
"Large crowds followed him, and he healed them there."
III) [Mt 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?"
A) SOME PHARISEES ASK JESUS A TEST QUESTION RELATIVE TO DIVORCE, EVIDENTLY IN ORDER TO HAVE A REASON TO CONDEMN HIM
"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?" =
Some Pharisees who were in the crowd that followed Jesus came to Him to test Him with a carefully constructed question. The test evidently was to find fault and then a reason to condemn Him unto death as has been their pattern, (Mt 12:1-13; 15:1-20; 16:14; 21:23-27). Their question was phrased in such a way that to agree or disagree without careful explanation would put Him in a position of violating Scripture.
IV) [Mt 19:4-6]:
(v. 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'?
(v. 6) So they are no longer two, but one. Therefore what God has joined together, let man not separate."
A) JESUS' ANSWER TO THE PHARISEES WAS TO PROVIDE WHAT GOD SAID ABOUT MARRIAGE FROM THE BEGINNING
(v. 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'? (v. 6) So they are no longer two, but one. Therefore what God has joined together, let man not separate." =
Jesus' answer is to neither agree nor disagree but to provide what God says about marriage from Scripture which brings what Moses said about divorce into perspective.
B) GOD VIEWS THE HUSBAND AND WIFE AS ONE FLESH. HIS PLAN FOR MARRIAGE: WHAT HE HAS JOINED TOGETHER IN MARRIAGE LET NO MAN SEPARATE
(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'? (v. 6) So they are no longer two, but one. Therefore what God has joined together, let man not separate." =
Notice that God views marriage such that the husband and wife are one flesh. This implies that God intends such a union to be inseparable, (v. 6), hence not be violated, nor subject to adultery or divorce. So it is implied from Scripture that man should not divorce for any and every reason. This is not God's intention for marriage.
[BKC, p. 63]:
"[During the time of our Lord's earthly ministry] the nation [Israel] was divided over this issue [of divorce]. Followers of Hillel felt a man could divorce his wife for almost any reason, but others, following Shammai, thought one could not divorce his wife unless she were guilty of sexual offense. Without getting involved in the Hillel-Shammai controversy Jesus reminded the religious leaders of God's original purpose in establishing the marriage bond. God made people male and female (v. 4; Gen 1:27). In marriage He joins them together in an inseparable bond. This bond is a higher calling than the parent-child relationship, for a man is to leave his father and mother and be joined to his wife in a one-flesh relationship (Gen 2:24). Therefore what God has joined together, men ought not separate. (= chwrizetw; in 1 Cor 7:10 this word means 'to divorce.')
V) [Mt 19:6-7]:
(v. 6) So they are no longer two, but one. Therefore what God has joined together, let man not separate."
(v. 7) 'Why then,' they asked, 'did Moses command that a man give his wife a certificate of divorce and send her away?'
A) JESUS IS THEN ASKED ANOTHER QUESTION MEANT TO ENTRAP HIM IN A DILEMMA: IF MARRIAGE IS NOT TO BE DISSOLVED THEN WHY DID MOSES COMMAND OTHERWISE?
(v. 6) "So they are no longer two, but one. Therefore what God has joined together, let man not separate." (v. 7) 'Why then,' they asked, 'did Moses command that a man give his wife a certificate of divorce and send her away?' " =
Jesus is asked a question by members of the crowd which attempted once more to put Him in a position of opposing what Moses commanded in the Law. Evidently they continued to find fault in Him so as to condemn Him to death, (Mt 12:1-13; 15:1-20; 16:14; 21:23-27).
B) THE DILEMMA THE PHARISEES ATTEMPTED TO PUT JESUS IN IS THAT SINCE SCRIPTURE STIPULATES THAT GOD HATES DIVORCE AND VIEWS IT AS TREACHEROUS THEN HOW IS IT THAT MOSES PERMITTED IT IN THE LAW
1) [Compare Mal 2:13-16]:
(v. 13) '''Another thing you do: You flood the LORD's altar with tears. You weep and wail because he no longer pays attention to your offerings or accepts them with pleasure from your hands.
(v. 14) You ask, "Why?" It is because the LORD is acting as the witness between you and the wife of your youth, because you have broken faith with her, though she is your partner, the wife of your marriage covenant.
(v. 15) Has not the LORD made them one? In flesh and spirit they are his. And why one? Because he was seeking godly offspring. So guard yourself in your spirit, and do not break faith with the wife of your youth.
(v. 16) "I hate divorce," says the LORD God of Israel, "and I hate a man's covering himself with violence as well as with his garment," says the LORD Almighty. So guard yourself in your spirit, and do not break faith."
Notice that God declares that He hates divorce: it is a treacherous form of dealing with others (Mal. 2:14-16) and it is a violation or breaking of the marriage vows.
VI) [Mt 19:8]:
(v. 8) "Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning."
[Note parallel passage in Mk 10:2-12]
A) JESUS REFERS TO DEUTERONOMY 24:1-4 WHICH PASSAGE REGULATES DIVORCE THAT THE ISRAELITES UNDER THE LAW WERE COMMITTING BECAUSE OF THEIR HARD HEARTS. HE STIPULATED THAT DIVORCE WAS NOT CONDONED, BUT PERMITTED IN ORDER TO REGULATE IT AND PROTECT ITS VICTIMS
"Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning." =
Jesus proved that Deuteronomy 24:1-4 was regulation and protection of the victims and not blanket permission when he said that Moses gave this law because the Israelites had hard hearts.
1) [Compare Mk 10:4-5]:
(v. 4) "They said, 'Moses permitted a man to write a certificate of divorce and send her away.'
(v. 5) It was because your hearts were hard that Moses wrote you this law,' Jesus replied."
[BKC, cont., p. 63]:
"The Pharisees, realizing that Jesus was speaking of the permanence of the marital relationship, asked why Moses made a provision for divorce for people in his time (Matt 19:7). The Lord's answer was that Moses granted this permission because people's hearts were hard... But that was not God's intention for marriage. God intended husbands and wives to live together permanently. Divorce was wrong except for marital unfaithfulness (cf. Matt 5:32)."
[BKC, p. 63]:
"[During the time of our Lord's earthly ministry] the nation [Israel] was divided over this issue [of divorce]. Followers of Hillel felt a man could divorce his wife for almost any reason, but others, following Shammai, thought one could not divorce his wife unless she were guilty of sexual offense. Without getting involved in the Hillel-Shammai controversy Jesus reminded the religious leaders of God's original purpose in establishing the marriage bond. God made people male and female (v. 4; Gen 1:27). In marriage He joins them together in an inseparable bond. This bond is a higher calling than the parent-child relationship, for a man is to leave his father and mother and be joined to his wife in a one-flesh relationship (Gen 2:24). Therefore what God has joined together, men ought not separate. (= chwrizetw; in 1 Cor 7:10 this word means 'to divorce.')
[The Expositor's Bible Commentary, Vol. 8, Regency Ref. Library, Zondervan Publishing, Grand Rapids, Michigan, 1984, p. 413]:
"Divorce is not part of the Creator's perfect design. If Moses permitted it, he did so because sin can be so vile that divorce is to be preferred to continued "indecency" ["marital unfaithfulness", (v. 9)]. This is not to say that the person who, according to what Moses said, divorced his spouse was actually committing sin in so doing; but that divorce could even be considered testified that there had already been sin in the marriage. Therefore any view of divorce and remarriage (taught in either Testament) that sees the problem only in terms of what may or may not be done has already overlooked a basic fact - divorce is never to be thought of as a God-ordained, morally neutral option but as evidence of sin, of hardness of heart. The fundamental attitude of the Pharisees to the question was wrong."
2) [Compare Dt 24:1]:
(v. 1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house"
"If a man marries a woman" =
In the absence of any specific limitation, in view here are all Israelite husbands and wives, not to be limited to the period of bethrothal. Hence a certificate of divorce is not limited to only those who are betrothed, and have not consummated the marriage.
b) Marriage And Divorce Involving Non-Israelites Is Not In View In Dt 24. On The Other Hand, The Principle That Marriage Is To Be Permanent Is Established In Genesis Which Pertains To All Mankind
(Dt 24 v. 1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house" =
i) [Compare Dt 1:1]:
"These are the words Moses spoke to all Israel in the desert east of the Jordan..."
In view of the fact that Israelites are in view throughout the book of Deuteronomy: "Do not bring sin upon the land the LORD your God is giving you as an inheritance", (24:4); then marriage and divorce involving non-Israelites or Christian believers is not directly in view in Dt 24. On the other hand, the principle of the permanancy of marriage as established by God in Genesis 2:20b-24 as related by Jesus Christ in Mt 19:4-6 are for all mankind.
(v. 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'?
(v. 6) So they are no longer two, but one. Therefore what God has joined together, let man not separate." "So they are no longer two, but one. Therefore what God has joined together, let man not separate."
Notice that God intended that marriage for all mankind was to be permanent. Evidently Moses' permission for divorce was not God's perfect will, but a means to regulate man's violation of God's will for marriage to be permanent which had gotten out of hand and was being done for any reason.
"If a man marries a woman who becomes displeasing to him because he finds something indecent about her" =
"something indecent" = "erwat dãbãr"; lit., 'the indecency of a thing' could be any kind of impurity or indecency.
i) [Compare Dt 23:9, 14]:
(v. 9) "When you are encamped against your enemies, keep away from everything impure.
["everything impure" = "kol dãbãr rã" = lit., "everything evil" virtually synonymous with "something indecent" = "erwat dãbãr"]
(v. 14) For the LORD your God moves about in your camp to protect you and to deliver your enemies to you. Your camp must be holy, so that he will not see among you anything indecent and turn away from you."
["anything indecent" is included in what is stipulted as "everything impure" in v. 14]
[Expositors Bible Commentary, Vol. 3, Frank E Gaebelein, Gen Ed, NIV, Zondervan Publishing, Grand Rapids, Michigan, 1984, p. 145]:
"The basis
for divorce is not to be whimsical or frivolous. The man who desires to
divorce his wife must show that there is 'something indecent' (v. 1) about
her. Jewish commentators have had differing opinions about what things are
covered by 'something indecent.' In NT times the schools of Shammai and
Hillel made lists of what could constitute the basis for divorce, with the
school of Shammai being more restrictive than that of Hillel. Something
less than adultery must be meant here, since the punishment for adultery
is death (22:22-27; Lev 20:10) [unless that penalty is not invoked!].
Being guilty of 'something indecent,' however, is more than trivial. It
must have sufficient grounds to be alleged...
[Expositor's Bible Commentary, Vol. 8, Regency Ref. Library, Zondervan Publishing, Grand Rapids, Michigan, 1984, p. 413]:
"But what was the 'indecency' in Moses' day that allowed for divorce?... Yet the indecency must have been shocking: ancient Israel took marriage seriously. The best assumption is that the indecency was any lewd, immoral behavior, sometimes including but not restricted to, adultery - e.g., lesbianism or sexual misconduct that fell short of intercourse."
d) In View Of The Fact That Divorce Was Already Widespread Within The Israelite Society In Moses' Time, The Commands In Dt 24:1-4 Were Not To Initiate Divorce But To Regulate An Already Bad Situation And Present It In A Very Negative Light
i) [Compare Lev 21:7, 14; 22:13]:
(v. 21:7) " 'They [Priests] must not marry women defiled by prostitution or divorced from their husbands, because priests are holy to their God."
(v. 21:14) "He must not marry a widow, a divorced woman, or a woman defiled by prostitution, but only a virgin from his own people"
(v. 22:13) "But if a priest's daughter becomes a widow or is divorced, yet has no children, and she returns to live in her father's house as in her youth, she may eat of her father's food. No unauthorized person, however, may eat any of it."
ii) [Compare Num 30:9]:
"Any vow or obligation taken by a widow or divorced woman will be binding on her."
[Notice that divorce appears to be a common situation in the ancient Israelite society]
[BKC, The Bible Knowledge Commentary, NT Edition, Walvoord & Zuck Eds., Victor Books, USA, 1988; p. 305]:
"Divorce was widespread in the ancient Near East. However, the Old Testament always regarded divorce as a tragedy (cf. Mal 2:16). The commands in Deuteronomy 24:1-4, then, were given to regulate an already existing practice...
... divorce was viewed in a negative light even though Moses permitted it. A remarriage to her former husband would be tantamount to a legal adultery and therefore detestable to the LORD... The purpose of this law seems to be to prevent frivolous divorce, and to present divorce itself in a disparaging light."
3) [Dt 24:1-4]:
(v. 1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house
(v. 2) and if after she leaves his house she becomes the wife of another man,
(v. 3) and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies
(v. 4) then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the LORD. Do not bring sin upon the land the LORD your God is giving you as an inheritance."
a) Divorce Evidently Was Instituted In Order To Regulate When An Individual May Or May Not Remarry - A Biblically Warranted Divorce Permits Both Parties To Remarry, But Not Without Consequences For Sinful Behavior
(Dt 24 v. 1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house (v. 2) and if after she leaves his house she becomes the wife of another man" =
If divorce becomes a legitimate (biblical) option then that would indicate that there was a dissolution of the marriage, hence permission to remarry is legitimate, otherwise why offer divorce at all?
Moses appears to have presented the law on marriage certificates as a defense for women who had been divorced (Deut. 24:1-4). The certificates verified their legal right to remarry. Without such certificates, the women would not have been identifiable as legitimately divorced, making it impossible for them to remarry.To marry a woman who was not divorced was to commit adultery.
Illegitimate remarriage is adultery. If one party of a marriage after an unwarranted divorce remarries, that party commits adultery and the other party is now biblically released from the marriage and may remarry without committing adultery. Although the party who committed adultery may now remarry, (he/she already has), this does not release him/her from the consequences of the sin of adultery by an illegitimate remarriage after an unwarranted divorce.
At the same time, Deuteronomy 24:1-4 mentions remarriage after a divorce, it does not call it adultery, nor demand the death penalty for the remarried spouse. The Bible explicitly says that God hates divorce (Malachi 2:16), but nowhere explicitly states that God hates remarriage. The Bible nowhere commands a remarried couple to divorce. Deuteronomy 24:1-4 does not describe the remarriage as invalid. Ending a remarriage through divorce would be just as sinful as ending a first marriage through divorce. Both would include the breaking of vows before God, between the couple, and in front of witnesses.
So Scripture indicates that with a divorce with biblical warrant, both parties may remarry. In the absence of anything from Scripture to the contrary, even the guilty party may remarry. Since marriage is a covenant, it stands to logic that if one party can remarry pointing to the severed covenant, then both can. On the other hand, there will be consequences for sinful attitudes and behavior in spite of permission to remarry. And many divorces do not have biblical warrant so the parties may not remarry in spite of the formal divorce declaration.
(Dt 24 v. 1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house (v. 2) and if after she leaves his house she becomes the wife of another man."
i) [Compare Jer 3:1a]:
"If a man divorces his wife and she leaves him and marries another man, should he return to her again? Would not the land be completely defiled?"
[BKC, The Bible Knowledge Commentary, NT Edition, Walvoord & Zuck Eds., Victor Books, USA, 1988; p. 305]:
"The man divorces the woman, and she remarries another man who also dislikes her and divorces her - or dies, leaving her without a husband. This law says that the first husband cannot marry the woman because she has been defiled by the second marriage. This act (of remarriage), should it occur, would be detestable in the Lord's eyes and would bring sin on the land (v. 4). This required procedure for divorce is not given elsewhere but is referred to by Jeremiah (Jer 3:1) and Jesus (Matt 5:31-32)...
If after being divorced she remarried and then her second husband divorced her or died, her first husband was not permitted to remarry her since she had been defiled. The word translated "defiled" was also used to describe a man who had committed adultery (Lev. 18:20). So the use of this word to describe a woman who had been divorced and remarried to the same man suggests that divorce was viewed in a negative light even though Moses permitted it. A remarriage to her former husband would be tantamount to a legal adultery and therefore detestable to the LORD... The purpose of this law seems to be to prevent frivolous divorce, and to present divorce itself in a disparaging light.
c) The Law Prohibited Remarriage To A Former Spouse
(v. 1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house (v. 2) and if after she leaves his house she becomes the wife of another man, (v. 3) and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies (v. 4) then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the LORD. Do not bring sin upon the land the LORD your God is giving you as an inheritance." =
Note that there is a prohibition of marrying a former husband, even if previous divorces were legitimized by the Mosaic Law.
[BKC, The Bible Knowledge Commentary, NT Edition, Walvoord & Zuck Eds., Victor Books, USA, 1988; p. 305]:
"Verses 1-3 are the protasis [subordinate clause] of a conditional sentence, and the first part of v. 4 is the apodosis containing the prohibition. The first three verses set the stage: a man marries a woman who subsequently displeases him because of some indecency. The man divorces the woman, and she remarries another man who also dislikes her and divorces her - or dies, leaving her without a husband. This law says that the first husband cannot marry the woman because she has been defiled by the second marriage. This act (of remarriage), should it occur, would be detestable in the Lord's eyes and would bring sin on the land (v. 4). This required procedure for divorce is not given elsewhere but is referred to by Jeremiah (Jer 3:1) and Jesus (Matt 5:31-32).
When grounds for divorce existed, the man must have 'a certificate of divorce' (v. 3) served on his wife. Only then may he send her from his home...
A remarriage to her former husband would be tantamount to a legal adultery and therefore detestable to the LORD... The purpose of this law seems to be to prevent frivolous divorce, and to present divorce itself in a disparaging light."
Note that divorce was only initiated by the husband not the wife."
B) JESUS REFERS TO DEUTERONOMY 24:1-4 WHICH HAS HUSBANDS AND WIVES IN VIEW WITHOUT ANY RESTRICTIONS. IT IS NOT NARROWED TO ONLY BETROTHED INDIVIDUALS
(Mt 19:8) "Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning." =
1) [Compare Dt 24:1-4]:
(v. 1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house
(v. 2) and if after she leaves his house she becomes the wife of another man,
(v. 3) and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies
(v. 4) then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the LORD. Do not bring sin upon the land the LORD your God is giving you as an inheritance."
Notice Jesus refers to Deuteronomy 24 in Mt 19:8 which has husbands and wives in view without any exclusions such as only those who are betrothed or not. Hence in His statement relative to divorce, no particular group of husbands and wives are excluded.
VII) [Mt 19:8-9]:
(v. 8) "Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning.
(v. 9) I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery."
A) JESUS REFERS TO MOSES' PERMISSION TO ISRAELITES TO DIVORCE DUE TO THEIR HARD HEARTEDNESS AND THEN BROADENS THE CONTEXT TO INCLUDE MARRIAGES OF ALL MANKIND
(v. 8) "Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning. (v. 9) I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery." =
Jesus refers to Moses' permitting the Israelites to divorce as due to their hard heartedness. Then He points to God's plan for marriage for all mankind with the phrase "From the beginning," (v. 8b). He follows in v. 9, with "I tell you that anyone who divorces his wife except for marital unfaithfulness, and marries another commits adultery." All mankind is now in view including NT believers for our Lord has broadened the context by referring to marriage of all mankind in Gen 2:20b-24.
B) JESUS IS ADDRESSING WOMEN WHO ARE REFERRED TO AS A POSSESSION OF ISRAELITE MEN, I.E., WIVES WITH NO LIMITING LANGUAGE = ALL WIVES, BETROTHED AND FORMALLY MARRIED ARE IN VIEW
"But I tell you that anyone who divorces his wife" =
"wife" = "gunaika", Str. #1135, woman, often more specifically a woman who is married, a wife.
Notice that a woman who is married is in view with no particular limitation in the text such as having only betrothed women in view. All wives are thus in view.
C) JESUS NARROWS THE REASONS FOR DIVORCE FOR ISRAELITES UNDER THE LAW AND ALL MANKIND INCLUDING NT BELIEVERS TO ONE REASON - MARITAL UNFAITHFULNESS. DIVORCE OF UNBELIEVERS TO ISRAELITES OR NT BELIEVERS IS NOT ADDRESSED
(v. 8) "Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning. (v. 9) I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery." (cont.) =
Jesus refers to Moses' permitting the Israelites to divorce as due to their hard heartedness. On the other hand, our Lord points to God's plan for marriage for all mankind with the phrase "From the beginning," (v. 8b). He follows in v. 9, with "I tell you that anyone who divorces his wife except for marital unfaithfulness, and marries another commits adultery." All mankind is in view including NT believers for our Lord has broadened the context by referring to marriage of all mankind in Gen 2:20b-24. Hence He implies that divorce for Israelites under the Law and all mankind outside of marital unfaithfulness is not legitimate. This leads to the conclusion that marital unfaithfulness is a legitimate reason for divorce. Finally, since marriage of Israelite to Israelite or NT believer to NT believer is in view, and since marriages outside of Israelites and NT believers is not in view, the divorce of unbelieving spouses is not addressed.
[Expositor's Bible Commentary, Vol. 8, Regency Ref. Library, Zondervan Publishing, Grand Rapids, Michigan, 1984, p. 413]:
"In vv. 4-8 Jesus lays out the true direction in which Scripture points... Even here Jesus acknowledges that the Mosaic concession springs not from divine desire but human hardheartedness. Would Jesus say human hearts were any less hard in His own day? Might there not therefore be some exception to the principle He lays out, precisely because porneia was not on the Creator's mind in Genesis 1-2? More importantly sexual sin has a peculiar relation to Jesus' treatment of Genesis 1:27; 2:24 (in Matt 19:4-6), because the indissolubility of marriage He defends by appealing to these verses from the creation accounts is predicated on sexual union ('one flesh'). Sexual promiscuity is therefore a de facto exception. It may not necessitate divorce; but permission of divorce and remarriage under such circumstances, far from being inconsistent with Jesus' thought, is in perfect harmony with it....
...Matthew and Mark-Luke have this in common - they abrogate any permission for divorce in Deuteronomy 24:1 if that permission extends... beyond sexual sin"
D) THE TERM PORNEIAS IN THE GREEK BIBLE RENDERED 'MARITAL UNFAITHFULNESS' INCLUDES ADULTERY AND OTHER SEXUAL IMMORALITY IN THIS CONTEXT: WITHIN THE BOUNDS OF MARRIAGE
"But I tell you that anyone who divorces his wife, except for marital unfaithfulness" =
"marital unfaithfulness" = "porneias" = Str. # 4202, fornication, i.e., sexual immoralilty. Also, whoredom, concubinage, adultery, lewdness, uncleanness, idolatry. Most specifically here it has to do with sexual immorality within the bounds of marriage which includes adultery, lesbianism, homosexuality, lewdness.
[Expositor's Bible Commentary, Vol. 8, Regency Ref. Library, Zondervan Publishing, Grand Rapids, Michigan, 1984, p. 413]:
"The word porneia [= 'marital unfaithfulness' (NIV); 'fornication" (KJV)] itself is very broad. In unambiguous contexts it can on occasion refer to a specific kind of sexual sin. Yet even then this is possible only because the specific sexual sin belongs to the larger category of sexual immorality. Porneia covers the entire range of such sins... and should not be restricted unless the context requires it."
E) JESUS INDICATES THAT MARITAL UNFAITHFULNESS, INCLUDING ADULTERY IS IMPLIED IN DEUTERONOMY
(v. 8) "Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning. (v. 9) I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery." (cont.) =
Notice that Jesus brings into view what Moses wrote relative to divorce in Deuteronomy 24:1. He then excludes all that Moses permitted for divorce except for marital unfaithfulness, i.e., adultery and other forms of sexual immorality. This implies that Deuteronomy 24:1 includes sexual immorality as a reason for divorce, evidently if the death penalty for such is not invoked.
The Hebrew word for adultery in Leviticus 20:10 (na'aph) represents sexual intercourse with the wife or betrothed of another man. Na'aph and porneia have very similar ranges of meaning, both encompassing a range of gross sexual sins. The context in Leviticus 20:10 would seem to point primarily to adultery, but other sexual sins also warranted death and might easily fall into this category (e.g., bestiality, incest; cf. Lev. 20).
[Expositor's Bible Commentary, Vol. 8, Regency Ref. Library, Zondervan Publishing, Grand Rapids, Michigan, 1984, p. 413]:
"Jesus is interpreting the 'erwat dãbãr' ('something indecent') of Deuternonomy 24:1 in this way [with the Greek word porneia]. Jesus is then saying that divorce and remarriage always involve evil; but as Moses permitted it because of the hardness of men's hearts, so also does He - but now on the sole grounds of porneia (sexual sin of any sort)."
Considering the fact that capital punishment by stoning was not always done when adultery was discovered in a marriage, and since adultery is 'something indecent' which has defiled the marriage, then marital infidelity warrants divorce which is God's way of abrogating a union that has become an abomination in God's eyes.
F) MT 19:8 IMPLIES THAT DIVORCE FOR MARITAL UNFAITHFULNESS WILL NOT RESULT IN ADULTERY IF ONE REMARRIES
(v. 8) "Jesus replied, 'Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning. (v. 9) I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery." (cont.) =
Consider the parallel logic of these two statements and the proper conclusion arrived therein:
A previous management has said, 'You will be paid for work done at any time of the day or night, no matter how many hours;' but I say to you except for hours from 8AM through 5PM, you will not be paid.
Compare this to,
"Moses permitted you to divorce your wives [because he finds something indecent, (Dt 24:1)]... [But] I tell you that anyone who divorces his wife, except for marital unfaithfulness and marries another woman commits adultery"
Just as the management's statement implies that working between 9 and 5 will be paid, so believers divorcing for marital unfaithfulness will be permitted and not result in adultery if one remarries.
G) THE MAXIMUM PENALTY FOR ISRAELITES UNDER THE LAW FOR SEXUAL IMMORALITY RELATIVE TO MARRIED WOMEN AND MEN WHO COMMIT ADULTERY INCLUDING WOMEN WHO ARE BETROTHED WAS DEATH
(Lev 20:10) "If a man commits adultery with another man's wife - with the wife of his neighbor - both the adulterer and the adulteress must be put to death." =
In the Old Testament, adultery was punishable by a maximum penalty of death (Lev. 20:10). Legal codes typically present maximum penalties, not mandatory penalties, unless otherwise specified).
1) Under The Law Adultery Warrants The Death Penalty For Both Parties
a) [Compare Lev 20:10:
"If a man commits adultery with another man's wife--with the wife of his neighbor - both the adulterer and the adulteress must be put to death."
[The Hebrew word for adultery in Leviticus 20:10 (na'aph) represents sexual intercourse with the wife or betrothed of another man. Na'aph and porneia have very similar ranges of meaning, both encompassing a range of gross sexual sins. The context in Leviticus 20:10 would seem to point primarily to adultery, but other sexual sins also warranted death and might easily fall into this category (e.g., bestiality, incest; cf. Lev. 20).
Notice that both the man and the woman are to be put to death. There is implied here that there is adequate proof of adultery. There is no limitation here of only wives who have been formally married, nor exclusion of the betrothed
b) [Compare Dt. 22:22]:
(v. 22) "If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die. You must purge the evil from Israel.
[The punishment for adultery is death for both parties. Notice that there is no stipulation that both must be caught in the act and apprehended in order for it to be adultery subject to a maximum penalty of death. With adequate proof, either or both will be subject to the maximum penalty of death]
2) Under The Law Sexual Immorality For An Unmarried Woman Warrants The Death Penalty
a) [Compare Dt 22:13-21]:
(v. 13) '''If a man takes a wife and, after lying with her, dislikes her
(v.14) and slanders her and gives her a bad name, saying, "I married this woman, but when I approached her, I did not find proof of her virginity,"
(v. 15) then the girl's father and mother shall bring proof that she was a virgin to the town elders at the gate.
(v. 16) The girl's father will say to the elders, "I gave my daughter in marriage to this man, but he dislikes her.
(v. 17) Now he has slandered her and said, 'I did not find your daughter to be a virgin.' But here is the proof of my daughter's virginity." Then her parents shall display the cloth before the elders of the town,
(v. 18) and the elders shall take the man and punish him.
(v. 19) They shall fine him a hundred shekels of silver and give them to the girl's father, because this man has given an Israelite virgin a bad name. She shall continue to be his wife; he must not divorce her as long as he lives.
(v. 20) If, however, the charge is true and no proof of the girl's virginity can be found,
(v. 21) she shall be brought to the door of her father's house and there the men of her town shall stone her to death. She has done a disgraceful thing in Israel by being promiscuous while still in her father's house. You must purge the evil from among you."
[The penalty for sexual immorality for an unmarried woman is death]
3) Under The Law Sexual Misconduct Between A Man And A Betrothed Virgin In A Town Warrants The Death Penalty - Even The Woman If She Made No Attempt To Scream
a) [Compare Dt 22:23-24]:
(v. 23) If a man happens to meet in a town a virgin pledged to be married and he sleeps with her,
(v. 24) you shall take both of them to the gate of that town and stone them to death - the girl because she was in a town and did not scream for help, and the man because he violated another man's wife. You must purge the evil from among you.
[Notice that the penalty for a girl who is betrothed to another and sleeps with someone is death by stoning if she made no attempt to scream]
4) Under The Law A Man Who Rapes A Girl In The Country Side Who Is Pledged To Be Married, I.E., Who Is Bethrothed, Warrants The Death Penalty But Not The Woman
a) [Compare Dt 22:25-27]:
(v. 25) "But if out in the country a man happens to meet a girl pledged to be married and rapes her, only the man who has done this shall die.
(v. 26) Do nothing to the girl; she has committed no sin deserving death. This case is like that of someone who attacks and murders his neighbor,
(v. 27) for the man found the girl out in the country, and though the betrothed girl screamed, there was no one to rescue her.
[Notice that the man who rapes the girl in the country faces a maximum penalty of death. The girl in the country is not held liable.]
H) ALTHOUGH PASSAGES IN THE BIBLE STIPULATE THE MAXIMUM PENALTY FOR ISRAELITES UNDER THE LAW FOR MARITAL UNFAITHFULNESS IS DEATH, DIVORCE IS NEVERTHELESS AN ALTERNATIVE OPTION IF THE DEATH PENALTY IS NOT INVOKED
(Mt 19:9) "I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery." =
Notice that Jesus allowed divorce as a valid alternative to seeking the death of one's spouse. Evidently actions of married persons that warrant death also warrant divorce if the death penalty is not invoked. If those actions warrant ones spouse to be freed from the marriage by legally seeking ones death, the spouse may also be freed from the marriage by divorce. Divorce is a more merciful application of Lev 20:10.
In the absence of particulars to the contrary, the fact that other passages in Scripture stipulate the death penalty under the Mosaic Law for marital unfaithfulness does not rule out that divorce is an option for marital unfaithfulness if the death penalty is not invoked. History proves this out. In the Old Testament, adultery was punishable by a maximum penalty of death (Lev. 20:10). Legal codes typically present maximum penalties, not mandatory penalties, unless otherwise specified). Death would result in the freedom of the surviving party to remarry. By implication, lesser penalties (such as divorce) would result in the freedom of other party to remarry without committing adultery. The marriage covenant between believers may be legitimately severed by death or by biblical divorce.
1) Jesus Stopped The Stoning Of A Woman Who Committed Adultery Indicating That Stoning Was The Maximum Penalty Not Necessarily A Mandatory One
a) [Compare Jn 8:1-11]:
(v. 1) "But Jesus went to the Mount of Olives.
(v. 2) At dawn he appeared again in the temple courts, where all the people gathered around him, and he sat down to teach them.
(v. 3) The teachers of the law and the Pharisees brought in a woman caught in adultery. They made her stand before the group
(v. 4) and said to Jesus, 'Teacher, this woman was caught in the act of adultery.
(v. 5) In the Law Moses commanded us to stone such women. Now what do you say?'
(v. 6) They were using this question as a trap, in order to have a basis for accusing him. But Jesus bent down and started to write on the ground with his finger.
(v. 7) When they kept on questioning him, he straightened up and said to them, "If any one of you is without sin, let him be the first to throw a stone at her."
(v. 8) Again he stooped down and wrote on the ground.
(v. 9) At this, those who heard began to go away one at a time, the older ones first, until only Jesus was left, with the woman still standing there.
(v. 10) Jesus straightened up and asked her, 'Woman, where are they? Has no one condemned you?'
(v. 11) 'No one, sir,' she said. 'Then neither do I condemn you,' Jesus declared. 'Go now and leave your life of sin.' "
Notice that Jesus opted to not have the woman who committed adultery stoned to death, implying that this was the maximum penalty, not necessarily mandatory.
2) Neither David Nor Bathsheba Received The Death Penalty For Adultery
a) [Compare 2 Sam 12:10]:
"[Nathan said] 'Now, therefore, the sword will never depart from your house, because you despised me and took the wife of Uriah the Hittite to be your own.' "
Neither David nor Bathsheba, the wife of Uriah, after their adultery, suffered the death penalty; but there were other consequences which were implied by the words, "the sword will never depart from your house".
3) Joseph Sought To Divorce Mary For Apparent Adultery. He Did Not Seek The Death Penalty
a) [Mt 1:18-19]:
(v. 18) "This is how the birth of Jesus Christ came about: His mother Mary was pledged to be married to Joseph, but before they came together, she was found to be with child through the Holy Spirit.
(v. 19) Because Joseph her husband was a righteous man and did not want to expose her to public disgrace, he had in mind to divorce her quietly."
Notice that Joseph chose the option of divorce rather than the death penalty and was still viewed as a righteous man.
Joseph also demonstrated that this was a valid application of Leviticus 20:10 when the Bible called him "righteous" for wanting to divorce Mary quietly rather than disgrace her or seek her death (Matt. 1:18-19). Notice that Mary was a betrothed wife whom Joseph sought to divorce as opposed to put to death. It cannot then be concluded from this historical account that wives committing adultery after the wedding ceremony do not have the option of divorce in lieu of the death penalty. The passage is silent on this matter. Furthermore, it would be illogical and inconsistent to insist that sexual promiscuity or adultery would suffer divorce only while one is betrothed but stoning for after marriage or when one is single.
I) GOD IS VIEWED AS DIVORCING ISRAEL BECAUSE OF HER ADULTERY AND INDICATES THAT HE WILL TAKE HER BACK - NOTICE THAT ADULTERY WARRANTS THE OPTION OF DIVORCE FOR GOD DID NOT TOTALLY DESTROY ISRAEL
1) [Compare Jer 3:6-14]:
(v. 6) '''During the reign of King Josiah, the LORD said to me, "Have you seen what faithless Israel has done? She has gone up on every high hill and under every spreading tree and has committed adultery there.
(v. 7) I thought that after she had done all this she would return to me but she did not, and her unfaithful sister Judah saw it.
(v. 8) I gave faithless Israel her certificate of divorce and sent her away because of all her adulteries. Yet I saw that her unfaithful sister Judah had no fear; she also went out and committed adultery.
(v. 9) Because Israel's immorality mattered so little to her, she defiled the land and committed adultery with stone and wood.
(v. 10) In spite of all this, her unfaithful sister Judah did not return to Me with all her heart, but only in pretense," declares the LORD.
(v. 11) The LORD said to me, "Faithless Israel is more righteous than unfaithful Judah.
(v. 12) Go, proclaim this message toward the north: " 'Return, faithless Israel,' declares the LORD, 'I will frown on you no longer, for I am merciful,' declares the LORD, 'I will not be angry forever.
(v. 13) Only acknowledge your guilt - you have rebelled against the LORD your God, you have scattered your favors to foreign gods under every spreading tree, and have not obeyed me,' " declares the LORD.
(v. 14) "Return, faithless people," declares the LORD, "for I am your husband. I will choose you - one from a town and two from a clan--and bring you to Zion." '''
God is viewed as temporarily divorcing Israel because of her adultery and indicates that He will take her back - notice that adultery warrants the option of divorce.
Nevertheless, even God Himself is willing to divorce when His wife's sin is great enough (Isa. 50:1; Jer. 3:8). On the one hand, then, divorce is generally to be avoided and always involves some form of sin (whether by the one who provokes the divorce, or by the one who pursues the divorce, or by both). On the other hand, it is sometimes justifiable, so that it is not always sinful to seek a divorce.
J) DIVORCE WHEN PERMITTED IMPLIES PERMISSION TO REMARRY EXCEPT TO A PREVIOUS SPOUSE ONCE ONE HAS MARRIED ANOTHER AND THEN DIVORCED AGAIN
(Mt 19:9) "I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery." =
Adultery has already defiled the marriage relationship and divorce is a formal acknowledgment of what has already taken place.
Since divorce is an avenue by which an individual may remarry and since Jesus Christ stipulated that divorce is an option for marital unfaithfulness, then one who is divorced due to marital unfaithfulness has permission to remarry without committing adultery.
If divorce becomes a legitimate (biblical) option then that would indicate that there was a dissolution of the marriage, hence permission to remarry is legitimate, otherwise why offer divorce at all?
Throughout the Scriptures, whenever a divorce is allowed legitimately, then remarriage is either stipulated or implied as warranted.
At the same time, Deuteronomy 24:1-4 mentions remarriage after a divorce, does not call it adultery, and does not demand the death penalty for the remarried spouse. The Bible explicitly says that God hates divorce (Malachi 2:16), but nowhere explicitly states that God hates remarriage. The Bible nowhere commands a remarried couple to divorce. Deuteronomy 24:1-4 does not describe the remarriage as invalid. Ending a remarriage through divorce would be just as sinful as ending a first marriage through divorce. Both would include the breaking of vows before God, between the couple, and in front of witnesses.
At the same time, Deuteronomy 24:1-4 mentions remarriage after a divorce, does not call it adultery, and does not demand the death penalty for the remarried spouse. The Bible explicitly says that God hates divorce (Malachi 2:16), but nowhere explicitly states that God hates remarriage. The Bible nowhere commands a remarried couple to divorce. Deuteronomy 24:1-4 does not describe the remarriage as invalid. Ending a remarriage through divorce would be just as sinful as ending a first marriage through divorce. Both would include the breaking of vows before God, between the couple, and in front of witnesses. An exception to permission to remarry is a ban on the remarriage to a former spouse once one has remarried and divorced another:
(Dt. 24v1) "If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house
(v. 2) and if after she leaves his house she becomes the wife of another man,
(v. 3) and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies
(v. 4) then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the LORD. Do not bring sin upon the land the LORD your God is giving you as an inheritance."
VIII) [Mt 19:10]:
"The disciples said to Him, 'If this is the situation between a husband and wife, it is better not to marry.'
IX) [Mt 19:11-12]:
(v. 11) "Jesus replied, 'Not everyone can accept this word, but only those to whom it has been given.
(v. 12) For some are eunuchs because they were born that way; others were made that way by men; and others have renounced marriage because of the kingdom of heaven. The one who can accept this should accept it.' "
