JESUS AND DIVORCE: A Brief Study of Christ's Perspective

 

In Mark 10, Christ was asked if divorce was lawful. He asked them in return what Moses had to say about the issue (vv. 2–3). The religious leaders reply that Moses allowed divorce and provided the procedure to do it; in other words, write a certificate of divorce (v. 4). Jesus appealed to the Genesis creation story to present the unity of man and woman in marriage (vv. 6–9; cf. Gen 1:27; 2:24). Then He made a strong statement regarding divorce and remarriage (vv. 10–12; cf. Lk 16:18). A parallel passage is found in Matthew 19:1–9. Christ’s answer implies that divorce is permitted, and the Pharisees were already aware of it.

How should we understand the words of Jesus? Was His answer an approval of divorce? To better understand the conversation, first we have to discuss the ancient laws concerning divorce.

𝗗𝗜𝗩𝗢𝗥𝗖𝗘 𝗔𝗡𝗗 𝗧𝗛𝗘 𝗔𝗡𝗖𝗜𝗘𝗡𝗧 𝗟𝗔𝗪𝗦

The law of Moses allows a husband to divorce his wife (Deut 24:1-4). “When a man takes a wife and marries her, if then she finds no favor in his eyes because he has found some indecency in her, and he writes her a certificate of divorce and puts it in her hand and sends her out of his house, and she departs out of his house” (v. 1). The instruction permits them to remarry but prohibits them from being married again to each other (v. 4). A ritual was done to “undo” their wedding ceremony. The man cut the edge of the wife’s clothing, symbolizing that they are now separated and could remarry. During the time of Christ, the basis for divorce was debatable among the groups of Pharisees because of the lack of detailed regulation of the practice. The penalty is death in the case of adultery (Deut 22:22), and so this matter is controversial. A stricter group, called the Shammaites, says that a man can divorce his wife if she is unfaithful to him, based on their interpretation of the word “indecency.” Another group, called the Hillelite, allows divorce just for any reason, like if a wife burns bread or if a man finds someone more beautiful. Unlike the Greeks and Romans, it is assumed that only Jewish men have the right to divorce. It is interesting to note that Jesus extended this right to women (Mk 10:12). Jewish women, though they had no right to initiate divorce, could petition the elders to compel their husbands to grant it.

𝗗𝗜𝗩𝗢𝗥𝗖𝗘 𝗔𝗡𝗗 𝗧𝗛𝗘 𝗦𝗧𝗔𝗧𝗘𝗠𝗘𝗡𝗧𝗦 𝗢𝗙 𝗖𝗛𝗥𝗜𝗦𝗧

The following biblical insights about divorce can be drawn from the words of Jesus:

𝗖𝗢𝗡𝗖𝗘𝗦𝗦𝗜𝗢𝗡, 𝗡𝗢𝗧 𝗜𝗗𝗘𝗔𝗟

Jesus made it clear that though God (through Moses) permits divorce, it doesn’t reflect God’s ideals. The Pharisees were aware that Moses only “allowed” man to divorce (Mk 10:4), not “commanded.” “Because of your hardness of heart, he wrote you this commandment.” (v. 5). Divorce was given as a concession; it was not based on God’s perfect will but rather just to limit people’s sin. Christ made a contrast between divorce and God’s ideal revealed in the beginning: “But from the beginning of creation, ‘God made them male and female.’ ‘Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh.’ So they are no longer two but one flesh. What therefore God has joined together, let not man separate.” (vv. 6–9). The law of Moses contains rules that do not necessarily present what God actually wants, and the instruction about divorce is one of these (cf. Mal 2:14–16). This means that though divorce was tolerated, it wasn't God's intention for marriage and should be condemned as it contradicts His ideal. Another example of concession is the prohibition to marry your wife’s sister (Lev 18:18), which reflects the practice of polygamy at that time.

It appears that Christ also allows divorce for the same reason found in the law (both Jewish and Roman), which is sexual immorality: “And I say to you: whoever divorces his wife, except for sexual immorality, and marries another, commits adultery.” (Matt 19:9). It is interesting to note that He used the Greek “pornea” (translated as “sexual immorality”) as the basis for divorce; this refers to “various extra-marital sexual modes of behavior insofar as they deviate from accepted social and religious norms.” (Reisser, 1975). His answer implies that he rejects the Hillelite’s interpretation that a man can just divorce his wife for any reason (see v. 3). The words of Christ must also be seen as a concession to accommodate man’s choices. In the same context, Christ recognized those who chose singleness (“who have made themselves eunuchs," v. 12) for God’s kingdom. This shows that though God’s ideal was originally for men and women to marry, He also allows exceptions. If divorce was permitted at that time, how does it reconcile with Christ’s word that “What therefore God has joined together, let not man separate.” (Mk 10:19)? This leads us to the next point:

𝗗𝗘𝗠𝗔𝗡𝗗, 𝗡𝗢𝗧 𝗦𝗧𝗔𝗧𝗘𝗠𝗘𝗡𝗧

Christ’s word that man must not separate what God has joined in marriage is a demand to be obeyed, not a statement of fact. It only prohibits divorce but does not treat it as impossible. He laid down the original design of God in the beginning as the basis of the command (vv. 6–9; cf. Gen 1:27; 2:24). What point can we draw here? Though marriage must and should not be broken because of God’s original design, it is still breakable if people disobey. God’s law concerning divorce just regulates people’s disobedience.

Jesus explains further His point when He says that “Whoever divorces his wife and marries another commits adultery against her, and if she divorces her husband and marries another, she commits adultery.” (Mk 10:11–12). In plain reading, His words mean remarriage is adulterous because marriage remains unbroken even after divorce. But in the parallel verses, He seems to allow divorce only on the basis of sexual immorality (Matt 5:31–32; 19:19), making remarriage permissible. How can we make sense of these seemingly contradictory statements of Christ? Continue reading.

𝗘𝗫𝗔𝗚𝗚𝗘𝗥𝗔𝗧𝗜𝗢𝗡, 𝗡𝗢𝗧 𝗟𝗜𝗧𝗘𝗥𝗔𝗟

First, it must be noted that God’s law allowed remarriage (Deut 24:1–4). Paul instructed believers not to divorce their partners by appealing to the Lord’s (or Jesus’) command (1 Cor 7:10–11). But in the case that the unbeliever leaves or abandons his or her believing spouse, then, according to Paul, the believer is “not bound” (v. 15). In Jewish divorce contracts, it means not being bound to fulfill marriage obligations; in other words, being free to remarry. Clearly, Paul’s words here are also a concession, just like the law (cf. v. 6). How do we reconcile these with the words of Jesus seemingly regarding remarriage as adultery (Mk 10:11–12) and saying that the only accepted basis for divorce is sexual immorality (Matt 5:31–32; 19:19)?

Scholars have offered different explanations for these issues. One of these is that Christ recognized sexual immorality as the only basis for divorce; therefore, apart from this, any spouse who divorces their partner would be guilty of adultery in their next marriage as the previous marriage hasn't yet been dissolved. The challenge with this view is that it contradicts Paul’s permission for divorce on the basis of abandonment (1 Cor 7:15). It’s more probable that Christ exaggerated or overstated His words to emphasize His point that divorce is against God’s ideals. Here, Christ overstates His point by saying that remarriage is adultery (Mk 10:11–12) and no other basis for divorce is accepted (Matt 5:31–32; 19:9). He frequently used overstatements or hyperbole in His teachings (e.g., “gouging one’s eye,” Matt 18:19; “camel through the needle’s eye,” 19:24; etc.). If this is the case, His statements must not be understood literally, as if the marriage cannot be dissolved even after a divorce, making the next one an adultery. His demand that the married couple not be separated by anyone (Mk 10:19) implies that it can still be broken, though wrong, allowing remarriages. Moreover, Jesus considered the Samaritan woman as having been married five times, not married once, and committing adultery thereafter (Jn 4:18). If Christ really just overstates His point, then Paul was not wrong in giving another valid ground for divorce other than sexual immorality. However, His use of exaggeration must not be interpreted as an excuse to take His words lightly but rather to force us to consider the gravity of His demand. His concession is not an approval!

𝗣𝗥𝗢𝗧𝗘𝗖𝗧𝗜𝗢𝗡, 𝗡𝗢𝗧 𝗘𝗡𝗗𝗢𝗥𝗦𝗘𝗠𝗘𝗡𝗧

Christ’s statement in Matt 19:9, Mk 10:11–12, and Luke 16:18 must not be understood as an endorsement of divorce but rather as a protection for the innocent party. Jesus seems to defend the innocent spouse from being wronged by placing the guilt only on the one who initiates the divorce, presumably to marry another. The law of Moses appears to have the same principle. “Deuteronomy 24:1–4 does not bestow any divine approval, or even an implied approval, on divorce as such. It sought, rather, to soften some of the hardships and injustices that divorce caused for women in a society that persisted in this practice....Deuteronomy 24:4 is more concerned with protecting the woman from exposure to the whims of a fickle or vindictive husband, who, without putting his declaration of divorce in writing, could resume or drop his married state—depending on what his sexual needs, laundry pile, or desires for a good meal were! ”(Keiser et. al., 1996). The law protects the wife from being divorced due to the casually changing decision of the husband. Also, it prohibits him from remarrying his ex-wife because such an action is close to adultery and unfairly and publicly humiliates the woman. The certificate of divorce, moreover, provides protection both for the divorced woman and her next husband. “Given the strong penalty for adultery, the certificate of divorce became the tangible evidence that the earlier marriage had terminated. This safeguarded both the woman and her second husband against the charge of sexual misconduct.” (Beck, 2013).

Paul permits the believer to remarry if they were abandoned by their partner (1 Cor 7:15). He made sure that he made a distinction between what Christ clearly taught and his own insights about the issue (“not I, but the Lord," v. 10 cf. “I, not the Lord," v. 12). Nevertheless, his insights remain authoritative and inspired (v. 40), and as mentioned above, they do not contradict Christ. “Paul therefore applies Jesus’ teaching as a demand for faithfulness to marriage, not a statement about breaking up marriages: Christians must never break up their own marriages, but if the marriage is broken against their will, we must not punish them either. Jesus spoke to defend an innocent spouse, not to make their condition more difficult! ”(McCain and Keener, 2012). God’s concern for those treated unfairly in marriage is clear in the Scriptures (see also Mal 2:14–16).

𝗦𝗢𝗠𝗘 𝗙𝗜𝗡𝗔𝗟 𝗡𝗢𝗧𝗘𝗦:

The biblical perspective forbids divorce, for it contradicts God’s ideals. Jesus asserts that the practice was allowed as a concession. The implication of permitting divorce is that God has to protect the innocent party, and so this practice was regulated. Stay Curious.

Sources and Studies:

Walton, J. and, Keener, C. (2016). “See footnotes for Deut 24:1-4”. 𝘕𝘐𝘝 𝘊𝘶𝘭𝘵𝘶𝘳𝘢𝘭 𝘚𝘵𝘶𝘥𝘺 𝘉𝘪𝘣𝘭𝘦. (p. 335). Zondervan
Walton, J. and, Keener, C. (2016). “See footnotes for Matt 19:3-12”. 𝘕𝘐𝘝 𝘊𝘶𝘭𝘵𝘶𝘳𝘢𝘭 𝘚𝘵𝘶𝘥𝘺 𝘉𝘪𝘣𝘭𝘦. (pp. 1649-1650). Zondervan
Walton, J. and, Keener, C. (2016). “See footnotes for Mk 10:2-12”. 𝘕𝘐𝘝 𝘊𝘶𝘭𝘵𝘶𝘳𝘢𝘭 𝘚𝘵𝘶𝘥𝘺 𝘉𝘪𝘣𝘭𝘦. (p. 1709). Zondervan
Walton, J. and, Keener, C. (2016). “See footnotes for 1 Cor 7:15”. 𝘕𝘐𝘝 𝘊𝘶𝘭𝘵𝘶𝘳𝘢𝘭 𝘚𝘵𝘶𝘥𝘺 𝘉𝘪𝘣𝘭𝘦. (p. 1994). Zondervan
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